environmental management plan - nsw - georgiou

207
GC-HSE-PLA-437 Uncontrolled when saved or printed Always refer to GENIE for latest version Page 1 of 80 12/08/2020 Ver: 3.0 Print Date: 17-Nov-20 CEMP Bays Road Relocation Works CONSTRUCTION ENVIRONMENTAL MANAGEMENT PLAN Site Details Client: Sydney Metro Site Name: Bays Road Relocation Works Project Number: 6119 ID Code: 6119-ENV-MP-001 2020 Georgiou Group Pty Ltd Reproduction of this document, in whole or in part, in any format or media is prohibited without express permission from the authorised Quality Representative of Georgiou.

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Page 1: Environmental Management Plan - NSW - Georgiou

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Page 1 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

CONSTRUCTION ENVIRONMENTAL

MANAGEMENT PLAN

Site Details

Client Sydney Metro

Site Name Bays Road Relocation Works

Project Number 6119

ID Code 6119-ENV-MP-001

2020 Georgiou Group Pty Ltd

Reproduction of this document in whole or in part in any format or media is prohibited without express permission from the authorised Quality Representative of Georgiou

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CEMP Bays Road Relocation Works

Revision Date Revision Details Environmental Representative

Project Manager

A 81020 Draft for review Chloe Redman Brad Collins

B 21120 Sydney Metro 1st review Chloe Redman Brad Collins

C 101120 Sydney Metro 2nd review Chloe Redman Brad Collins

D 161120 Sydney Metro 3rd Review Chloe Redman Brad Collins

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CEMP Bays Road Relocation Works

TABLE OF CONTENTS

GLOSSARY ABBREVIATIONS 6

1 INTRODUCTION AND PURPOSE 8

Amendments and Authorisation 8

Communication of this Plan 8

Supporting Management Plans 8

2 SCOPE OF WORKS 9

3 LOCATION 9

4 ENVIRONMENTAL MANAGEMENT SYSTEM OVERVIEW 10

Environmental Management System 10

Policy 11

Environmental Management Plan 11

5 LEGAL AND OTHER OBLIGATIONS 12

General 12

Contractual Environmental Requirements 15

REF Determination Conditions of Approval 17

Environmental Licences and Permits 19

Infringement Improvement and Prohibition Notices 20

Availability of Statutory and Other Information 20

Objectives amp Targets 20

6 STRUCTURE AND RESPONSIBILITIES 21

Organisational Structure 21

Roles and Responsibilities and Authority 21

Communication and Acceptance of Accountabilities and Responsibilities 23

Field Leadership Visits 23

7 COMMUNICATION AND CONSULTATION 24

Internal Communication and Consultation 24

711 Inductions 24

712 HSE Notice Boards 25

713 HSE Alerts Bulletins 25

714 Site Meetings 25

Community and Stakeholder Involvement 25

721 Complaints Management 26

722 Urban Design of temporary works 26

723 Business and Property Impacts 27

8 HAZARD IDENTIFICATION AND RISK CONTROL 27

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Hierarchy of Control 27

Site Environmental Risk Analysis 28

Review of Risks 28

831 Change Management 28

Operational Control 28

841 Environmental Hazard Reporting 28

842 Take 5 29

843 Job Hazard Analysis (JHA)Safe Work Method Statement (SWMS) 29

844 Permit to Work 29

845 Environmental Control Maps 29

9 SIGNIFICANT ENVIRONMENTAL ASPECTS MANAGEMENT 30

10 CLOSURE AND COMMISSIONING 30

11 TRAINING COMPETENCY AND RESOURCING 30

1111 Toolbox talks 30

1112 Recording of Training and Assessment 31

12 INCIDENT EMERGENCY PREPAREDNESS AND RESPONSE 31

EmergencyIncident Planning and Control 31

13 HSE REPORTING AND INVESTIGATION 31

Notifications and Reporting 31

1311 Internal 31

1312 Notification of Incidents to Sydney Metro 31

1313 Statutory Notifications 31

Investigations 32

Review and Communication of Incidents 32

14 ENVIRONMENTAL REPORTING 32

1411 Monthly Reports 32

Site Meetings 32

Project Performance Review 33

15 AUDITING REVIEWS AND INSPECTIONS 33

Inspections 33

1511 Environmental Inspections 33

Audits and Reviews 33

Monitoring 34

Corrective Actions 34

16 DOCUMENT AND RECORD CONTROL 34

17 APPENDICES 35

Appendix 1 - Waste Management Sub Plan 36

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Appendix 1A ndash Sydney Metro Waste Classification Procedure 42

Appendix 2- Soil and Water Management Sub Plan 43

Appendix 3- Hydrocarbon and Chemical Management Sub Plan 46

Appendix 4 - Flora amp Fauna Management Sub Plan 50

Appendix 5 - Cultural Heritage Management Sub Plan 53

Appendix 5A ndash Sydney Metro Unexpected Heritage Finds Procedure 55

Appendix 5B ndash Sydney Metro Exhumation Management Procedure 56

Appendix 6 - Air Quality amp Dust Management Sub Plan 57

Appendix 7- Noise Vibration and Light spill Management Sub Plan 59

Appendix 7A ndash Sydney Metro Out of Hours Application form 61

Appendix 8 ndash Contaminated Land Management Sub Plan 62

Appendix 8A ndash Unexpected Contamination finds procedure 67

Appendix 8B ndash Unexpected Asbestos finds procedure 71

Appendix 9 ndash Sydney Metro Incident and non-compliance reporting procedure 78

Appendix 10 ndash Sydney Metro Environmental Inspection template 79

Appendix 11 ndash Georgiou Environmental Policy 80

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GLOSSARY ABBREVIATIONS

Term Expanded text

AFMP Ancillary Facilities Management Plan

BC Act Biodiversity Conservation Act 2016

CoA Condition of approval

Compliance audit Verification of how implementation is proceeding with respect to an CEMP (which incorporates the relevant approval conditions)

CPESC Certified practising erosion and sediment control professional

CRM Community Relations Manager

CPESC Certified practising erosion and sediment control professional

CSSI Critical State Significant Infrastructure

DEC Department of Environment and Conservation (NSW) (former)

DIPNR Department of Infrastructure Planning and Natural Resources (former)

DoEE Commonwealth Department of the Environment and Energy

DoI - Water NSW Department of Industry - Water

DPIE NSW Department of Planning Industry and Environment

Ecologically sustainable development (ESD)

Using conserving and enhancing the communityrsquos resources so that the ecological processes on which life depends are maintained and the total quality of life now and in the future can be increased (Council of Australian Governments 1992)

EIS Environmental Impact Statement

EMS Environmental Management System

Environmental aspect

Defined by ASNZS ISO 140012015 as an element of an organisationrsquos activities products or services that can interact with the environment

Environmental impact

Defined by ASNZS ISO 140012015 as any change to the environment whether adverse or beneficial wholly or partially resulting from an organisationrsquos environmental aspects

Environmental incident

An unexpected event that has or has the potential to cause harm to the environment and requires some action to minimise the impact or restore the environment

Environmental objective

Defined by ASNZS ISO 140012015 as an overall environmental goal consistent with the environmental policy that an organisation sets itself to achieve

Environmental policy

Statement by an organisation of its intention and principles for environmental performance

Environmental target

Defined by ASNZS ISO 140012015 as a detailed performance requirement applicable to the organisation or parts thereof that arises from the environmental objectives and that needs to be set and met in order to achieve those objectives

EPA NSW Environment Protection Authority

EPampA Act NSW Environmental Planning and Assessment Act 1979

EPBC Act Commonwealth Environment Protection and Biodiversity Conservation Act 1999

EPL NSW Environment Protection Licence under the Protection of the Environment Operations Act 1997

ERG Environmental Review Group

ESCP Erosion and Sediment Control Plan

EWMS Environmental Work Method Statement

Federal-CoA Condition of the Federal Department of the Environment and Energy Approval Decision

Hold point Is a verification point that prevents work from commencing prior to approval

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LGA Local Government Area

MNES Matters of National Environmental Significance

Non-compliance Failure to comply with the requirements of the Project approval or any applicable licence permit or legal requirements

NSW-CoA Condition of the NSW DPampE Infrastructure Approval

OEH NSW Office of Environment and Heritage

OOHW Out of hours work

PIRMP Pollution Incident Response Management Plan

POEO Act Protection of the Environment Operations Act 1997 (NSW)

RAP Registered Aboriginal Party

RBL Rating background level

REF Review of Environmental Factors

ROL Road occupancy licence

SAP Sensitive Area Plan

SEPP State Environmental Planning Policy

UXO Unexploded Ordnance

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1 INTRODUCTION AND PURPOSE

The purpose of this Construction Environmental Management Plan (CEMP) is to describe how environmental aspects

are to be managed so that the site and those engaged onsite will

Comply with Georgiou Policy Client legal and other obligations

Minimise the impacts on the environment

Achieve the Company client and site objectives and targets

implement mitigation measures identified and assessed through Review of Environmental Factors (REF) under

Part 5 of the EPampA Act

Comply with the requirements of the Construction Environmental Management Framework (CEMF) February

2020 version 41 Managing Contractor Contract (MCC) Works Brief licencing and other relevant documents

This Management Plan is written in accordance with Georgioursquos health safety and environment management

system that is 3rd party certified to ASNZS ISO 14001 It has been written in accordance with the Transport for

New South Wales (TfNSW) Sydney Metro Construction Environmental Management Framework (CEMF) and the

project specific Sydney Metro General Specification ndash Plans and Reporting

Amendments and Authorisation

This Management Plan will be approved by the Project Manager their Line Manager and a Representative from the

HSE Department This Management Plan and other related documents will be reviewed annually or as a result of

Changes to Company procedures or processes

Changes to key personnel or resources

Changes in legal and other obligations

Findings from an audit or inspection

Findings from a significant incident or near miss

Significant changes to site conditions andor work methods

Instructions from Sydney Metro

Reviews will be undertaken in consultation with key stakeholders to ensure all locationsfunctions are considered

A record of the date and comments relating to any revisions of this document will be included in the revision table

The only Georgiou authorisation required to amend this document after initial approval is the Project Managerrsquos

Communication of this Plan

The Project Manager is accountable for ensuring

Location and access to the management plans is communicated at induction Management Plans have been communicated to subcontractor personnel prior to commencement of works

onsite Any changes made to the management plan are communicated to affected persons on the site

Supporting Management Plans

The following management plans have been developed to support this management plan

Emergency Response and Preparedness Plan

Georgiou Crisis Management Plan (controlled by Georgioursquos Perth Head Office and available on Company Intranet)

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2 SCOPE OF WORKS

Sydney Metro is proposing to configure the internal port road network at Rozelle to facilitate the orderly urban

renewal of the Bays West area while maintaining access to the White Bay Cruise Terminal and other port operations

at Glebe Island and White Bay This includes long-term urban renewal initiatives for the Bays West area and works

for various future developments within the locality including critical works for the proposed Sydney Metro West

The proposal also provides the opportunity to improve road safety by reducing conflicting traffic movements in the

internal port road network

Georgioursquos scope of works is described as lsquoPhase 1rsquo works in the REF and it comprises of the following key

features

A reconfigured intersection at Port Access Road Solomons Way Sommerville Road including an interim

connection with the existing Port Access Road until it is relocated (as part of Phase 2)

Establishment of one-way traffic circulation along Solomons Way and Sommerville Road around the Glebe Island

Silos

Relocation of the Cement Australia Truck Parking Licenced Area to the north prior to the construction of the

reconfigured intersection due to the direct conflict with the reconfigured intersection

3 LOCATION

The proposal is located in an established industrial and port context at Rozelle within the Inner West Council local

government area

The lsquoproposal sitersquo refers to the area that would be directly impacted by the proposal as shown in Figure 1-1 The

proposal site is largely disused with the exception of the Port Access Road and port related lease areas including a

Cement Australia Truck Parking Licenced Area to service Cement Australiarsquos operations at the Glebe Island Silos

The proposal site is under the ownership of the Port Authority of NSW

To the north of the proposal site is the existing Port Access Road that supports access to the White Bay Cruise

Terminal and other port operations at White Bay To the east of the site is the existing Cement Australia and Sugar

Australia Glebe Island Silos and the Gypsum Resources Australia facility The south-eastern border of the site is

vegetated land adjoining Victoria Road Western Distributor The proposed location for the relocated Cement

Australia Truck Parking Licenced Area is currently a hardstand laydown area used by Port Authority of NSW

Beyond the proposal site the wider locality features a mix of land uses including retail commercial and urban

services along Robert Street to the north port and maritime uses to the east (Glebe Island and White Bay) and to

the south and City West Link Road and residential dwellings to the west in Rozelle

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Figure 3-1 Site location

4 ENVIRONMENTAL MANAGEMENT SYSTEM OVERVIEW

The following documents provide further information in regards to this topic

Management System Standard

Environmental Management System

The CEMP has been prepared in accordance with the overarching environmental management system (EMS) as

detailed below

Georgiou has a certified EMS consistent with ASNZS ISO 14001 Environmental Management Systems and will

prepare CEMPs in accordance with this EMS

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Policy

This Management Plan has been prepared in accordance with Georgioursquos Environmental Policy (appendix 11) All

relevant works including those conducted by subcontractors or by other companies on Georgioursquos behalf will

conform to this Policy

Georgioursquos Environmental Policy will be communicated to all workers at their site induction and displayed at the

site Georgioursquos policies will be made available to any interested party

Environmental Management Plan

This CEMP provides the system to manage and control the environmental aspects of the Project during pre-

construction and construction It identifies all the requirements applicable to manage the activities described in

Section 2 It also provides the overall framework for the system and procedures to ensure environmental impacts

are minimised and legislative and other requirements are fulfilled The strategies defined in this CEMP have been

developed with consideration of the Project approval requirements environmental management measures

presented in the approval documents This CEMP establishes the system for implementation monitoring and

continuous improvement to minimise impacts from the Project on the environment

This CEMP is consistent with

ASNZS ISO14001 2004 lsquoEnvironmental Management Systems - requirements with guidance for usersquo

Georgiou HSEQ Management System

Environmental Policy

Georgious Management is committed to regulatory

compliance pollution prevention and continous

improvement

Planning

Identify environmental interactions and signficant

aspects identify legal and other requirements and development

environmental objectives targets and the programs in

which to achieve them

Implementation and Operation

Define structure and responsibility identify and complete training

needs establish communication procedures document the EMS

through policies plans and procedures establish document

control establish operational control implement emergency

preparedness and response

Checking

Monitor and measure environmental interactions

evaluate compliance establish a non-conformance corrective

action and preventative action system maintain records and

perform periodic internal audits of the EMS

Management Review

Management to review environmental performance

EMS performance policy priorities and objectives and recommend improvements

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5 LEGAL AND OTHER OBLIGATIONS

The following documents provide further information in regards to this topic

Management System Standard

HSE Legal and Other Obligations Directory

General

The statutory requirements for this site have been identified within the Company HSE Legal and Obligations

Directories (available on Company Intranet) and have been incorporated into this management plan Legal and

other requirements specific to this contract which are not otherwise captured in the Company HSE Legal and

Obligations Directories are as follows

Legislation Other requirement

Requirement Comment

EPBC Act 1999

Under the EPBC Act a referral to the Commonwealth Department of Agriculture Water and the Environment is required for proposed lsquoactionsrsquo that have the potential to significantly impact on any matter of national environmental significance the environment in general or the environment of Commonwealth land (including leased land)

There are no matters of national environmental significance located within the general area of the proposal as confirmed in Appendix A of the REF Therefore an EPBC Act referral is not required

EPampA Act 1979

Clause 94 of the ISEPP outlines that development for the purpose of road and road infrastructure facilities which are permissible without the need for development consent under Part 4 of the EPampA Act when carried out by a public authority

Sydney Metro is a public authority and has prepared an REF and determination report to meet the assessment requirements under the EPampA Act

EPampA Regulation 1979 Under clause 228 of the factors to take into account concerning the impact on an activity on the environment

The REF and determination report prepared by Sydney Metro has considered factors under clause 228

ISEPP 2007

Division 1 of Part 2 of the ISEPP contains provisions for public authorities to consult with local councils and other public authorities prior to the commencement of certain types of development

Sydney Metro will conduct consultation with local councils and other authorities prior to commencement of construction

Biosecurity Act 2015

Under the Biosecurity Act 2015 all plants including weeds are regulated with a general biosecurity duty to prevent eliminate or minimise any biosecurity risk they may pose Any person who deals with any plant who knows (or ought to know) of any biosecurity risk has a duty to ensure the risk is prevented eliminated or minimised so far as is reasonably practicable

The State level priority weeds and associated legal requirements relevant to the region are outlined in the Greater Sydney Regional Strategic Weed Management Plan 2017-2022 (Greater Sydney Local Land Services 2017)

As such if present priority weeds on the site would be assessed and controlled to fulfil the General Biosecurity Duty and minimise biosecurity risks

Contaminated Land Section 60 of the Contaminated Land Management Act 1997 imposes a duty on

One site (former White Bay Power Station) that is currently regulated by

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Management Act 1997 landowners to notify the NSW EPA and potentially investigate and remediate land if contamination is above NSW EPA guideline levels

the NSW EPA is located within the proposal site

Given the proposed works are predominately surficial or up to one metre below existing site levels contamination risk is considered minor and manageable

Biodiversity

Conservation Act 2016

The Biodiversity Conservation Act 2016 provides for the protection of threatened species populations and ecological communities in NSW If a threatened species population or ecological community or its habitat is likely to occur in any area that may be affected by the proposal then an assessment of significance must be prepared to determine whether the proposal would have a significant impact

The site is unlikely to contain suitable habitat for any listed threatened species or community and is unlikely to have a significant impact on any threatened species or community

Heritage Act 1977

The NSW Heritage Act 1977 (Heritage Act) provides protection for items of lsquoEnvironmental heritagersquo in NSW Items considered to be significant to the State are listed on the State Heritage Register (SHR) and cannot be demolished altered moved or damaged or their significance altered without approval from the Heritage Council of NSW

Section 170 of the Heritage Act requires government agencies to maintain a heritage and conservation register (Section 170 register) These registers provide a list of government assets which may have State or local heritage significance

Sections 139 to 145 of the Heritage Act prevent the excavation or disturbance of land known or likely to contain relics unless in accordance with an excavation permit Excavation permits are issued under Section 140 of the Heritage Act or Section 60 for sites listed on the SHR Excavation Permit Applications must be supported by an Archaeological Research Design Section 146 of the Heritage Act requires that any discovery or location of a lsquorelicrsquo is reported to the Heritage Council

The road footprint for Georgioursquos scope of works is located outside of the heritage curtilage for the SHR-listed White Bay Power Station and does not extend north to the White Bay Power Station (Inlet) Canal (Port Authority of NSW s170 4560062)

The Glebe Island Silos (Port Authority of NSW s170 4560016) and the Glebe Island Dyke Exposures (Port Authority of NSW s170 4560056) are located immediately adjacent to the road footprint

As detailed in the REF it is unlikely that archaeological relics would be impacted by the works therefore a Section 139 exception or Section 140 permit are not required for the works

National Parks and

Wildlife Act 1974

Sections 86 87 and 90 of the National Parks and Wildlife Act 1974 require consent from the Environment Energy and Science Group of the Department of Planning Industry and Environment for the destruction or damage of Aboriginal objects

The proposal is unlikely to disturb any Aboriginal objects (refer Section 77)

However if unexpected archaeological items or items of Aboriginal heritage significance are discovered during the construction of the proposal the Sydney Metro Unexpected Finds procedure would be followed

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Protection of

the Environment

Operations Act 1997

The Protection of the Environment Operations Act 1997 (POEO Act) administers environment protection licences (EPLs) for specific activities relating to air water and noise pollution and waste management The Environment Protection Authority (EPA) and local government where relevant administer the POEO Act

Development activities require an EPL under the POEO Act if those activities meet the assessment criteria outlined in Schedule 1 of the Act

The proposal does not meet the definition of a scheduled activity under Schedule 1

In addition the POEO Act would require construction to be managed to prevent and avoid the potential to cause water noise andor air pollution The Act also includes requirements in relation to the management of waste

Notification to the EPA would also be required (as the administrators of this Act) in instances where any pollution incident has the potential to lsquocause or threaten material harm to the environmentrsquo (refer to Section 148 of the Act)

Roads Act 1993

In accordance with Section 138 of the Roads Act 1993 consent from NSW Transport for NSW would be required for the carrying out of work in on or over a classified road

For works on unclassified roads Clause 5 of Schedule 2 of the Act provides that a public authority is not required to obtain a road authorityrsquos consent

Ongoing consultation would be carried out with the relevant road authority (or authorities) in relation to the potential impacts that may occur to all of the roads and to identify any potential construction activities may be require consent

Waste avoidance and

Resource Recovery

Act 2001

The purpose of the Waste Avoidance and Resource Recovery Act 2001 is to develop and support the implementation of regional and local programs to meet the outcomes of a State-wide strategy for waste avoidance and resource recovery

It also aims to lsquominimise the consumption of natural resources and final disposal of waste by encouraging the avoidance of waste and the reuse and recycling of wastersquo

Waste generation and disposal reporting would be carried out during the construction and operation of the proposal Procedures would be implemented during construction in an attempt to promote the objectives of the Act

Water Act 1912 and

Water Management

Act 2000

The Water Act 1912 and the Water Management Act 2000 are the two key pieces of legislation for the management of water in NSW and contain provisions for the licensing of water access and use

The proposal would not involve any water use water management works drainage or food works controlled activities or aquifer interference

National Greenhouse and Energy Reporting Act 2007

The Act established a framework for reporting of greenhouse gas emissions abatement actions energy consumption and production data

The project will report on greenhouse gas and energy usage data as required by the Act

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Contractual Environmental Requirements

This Management Plan has been written to comply with the following Sydney Metro CEMF requirements

Requirement Reference

Scope of Applicability (Any Sections of the CEMF not addressed in the left hand column of

this table do not apply) Addressed by

CEMF Requirements

Section 1 full applicability This document

Section 4

Section 2 full applicability Section 5

Section 23

Standards and guidelines applicable to the works including o ISO14001 Environmental Management System ndash Requirements

with Guidelines for Use o Interim Construction Noise Guidelines (Department of

Environment and Climate Change 2009) o Managing Urban Stormwater Soil and Construction (Landcom

2008) o AS42821997 Control of the Obtrusive Effect of Outdoor Lighting o Waste Classification Guidelines (Department of Environment

Climate Change and Water 2008) o Australian and New Zealand Guidelines for Fresh and Marine

Water Quality

Section 41

Appendix 7

Appendix 2

Appendix 1

Section 32

Only applies with respect to Construction for o SMP1 o SMP2 o SMP5 o SMP6 o SMP7 o SMP14 o SMP18 o SMP19 o SMP30

Separate sustainability management plan

Section 34

34(d) (x) applies only to the extent of addressing environmental inspections

34(d) (xi) does not apply

Approval by DPIE is not required under 34(e)

34(f) Applies with respect to o Unexpected Finds Procedure (Heritage) o Environmental Incident and Non-compliance Reporting Procedure o Construction Noise and Vibration Standard o Out of Hours Work Application Form o Unexpected Finds Procedure (Contamination)

This document

Appendices 1-10

Section 36 36(b) only applies with respect to the drafting of a Waste Management Procedure and an Unexpected Finds Procedure for Contamination

Appendix 1

Appendix 8

Section 39 39(a) (iii) does not apply 39(b) does not apply

39(b) does not apply Section 11

Section 310 Applies except that a Pollution Incident Response Plan is not required Section 12

Section 312 312(a)(i) does not apply

312(a)(iv) does not apply Section 6

Section 313

313(b) does not apply

313(d) does not apply

313(e) does not apply

Section 15

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CEMP Bays Road Relocation Works

Section 314 Full Applicability Section 13

Appendix 9

Section 315 315(d) does not apply with respect to internal audits carried out by the Principal Contractor

Section 16

Section 316 316(d) does not apply where the Principal Contractors works last less than 1 year

Section 15

Section 4 42(a) does not apply

45(c) does not apply Section 72

Section 5 51(c) does not apply

54 does not apply Appendix 7

Section 6 Only 61 applies

Sustainability management plan

Section 7 71 does not apply

72 does not apply

Appendix 2

Section 8

81 full applicability

A Construction Noise and Vibration sub-plan is not required however the CEMP must address

82(a) (iii) and (b) for Site Establishment Activities

Appendix 7

Section 9

91 (a) (i) is not applicable

A Heritage Management plan is not required however the CEMP must address the following requirements

92 (iii)

92 (ix)

92 (c) (iii)

Appendix 5 5A 5B

Section 10

101 (ii) does not apply

102(a) (iii) applies with respect to the relocation of fauna only

102(b) (i) applies

102 (b) (ii) applies

All other sections are not applicable

Appendix 4

Section 11 111 (ii) does not apply

112 does not apply Section 72

Section 12

A Soil and Water Management Plan is not required however the CEMP must address the following requirements

122 (vi)

Appendix 2

Section 13 131 full applicability

132 does not apply Appendix 6

Section 14

141 full applicability

A Waste Management Plan is not required however the CEMP must address the following Requirements

142 (a) (iv)

142 (a) (v)

142 (b) (i)

142 (d)

Appendix 1

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CEMP Bays Road Relocation Works

REF Determination Conditions of Approval

The project is subject to compliance with the Conditions of Approval (CoA) identified below these are from the

REF Determination Report (August 2020) These Conditions of Approval are consistent with the management and

mitigation measures in the REF (April 2020) with some amendments due to the project changes identified in the

REF determination report

CoA Requirement Addressed by

REF Determination Conditions of Approval

NV1 Receivers that would potentially be affected by noise andor vibration from the works would be appropriately notified before the relevant works start

This would include details on the nature of works to be carried out the expected noise levels duration of noise generating construction works and contact details during construction

Appendix 7

NV2 Where vibration levels are predicted to exceed the screening criteria a more detailed assessment of the structure (in consultation with the relevant asset owner and a structural engineer) and attended vibration monitoring would be carried out to ensure vibration levels remain below appropriate limits for that structure

For heritage buildings and structures the more detailed assessment would specifically consider the heritage values of the structure in consultation with a heritage specialist to ensure sensitive heritage fabric is adequately monitored and managed

Appendix 7

NV3 Condition surveys of buildings and structures near to the proposal would be undertaken in consultation with the relevant owner prior to the commencement of vibration intensive works where appropriate For heritage buildings and structures the surveys would consider the heritage values of the structure in consultation with a heritage specialist

Sydney Metro

NV4 Alternative construction methodologies would be considered where vibration intensive works (typically site clearing ndash demolition) result in exceedances of cosmetic damage screening criteria and may include the following

The use of hydraulic concrete shears jaw crushers coring and wire sawing in lieu of rockbreakers for demolition of structures

Use of smaller capacity rockbreakers or lower vibration generating rockbreakers

Isolating the vibration sensitive structure from the vibration intensive work area by severing the vibration transmission path using non-vibration intensive means such a sawing

Appendix 7

NV5 The potential vibration impacts to underground utilities and services would be reviewed as the proposal progresses in consultation with the asset owners and the Port Authority of NSW

Appendix 7

T1 Clear wayfinding and safety signage would be provided to direct and guide vehicles not related to the proposal during road construction works This would be supplemented by Variable Message Signs to advise drivers of traffic diversions speed restrictions or alternative routes

Traffic management plan (TMP) and Traffic control plans (TCPs) will address

T2 The Port Authority of NSW and lease holders would be notified in advance of any proposed road changes within the port area and the potential for short term delays

Sydney Metro

Georgiou must provide written notifications to Sydney Metro on road changes in

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CEMP Bays Road Relocation Works

advance of each relevant road change within the port area

T3 Construction site traffic would be managed to minimise movements during peak periods

Traffic management plan (TMP) and Traffic control plans (TCPs) will address

T4 Access to Cement Australia and other leased areas would be maintained in consultation with Port Authority and lease holders

Sydney Metro

Georgiou will provide required information to SM

T5 All staff parking would be provided on-site and not on surrounding local streets

Traffic management plan (TMP) and Traffic control plans (TCPs) will address

NAH1 An Archaeological Work Method Statement would be prepared and implemented where excavation is required The Archaeological Work Method Statement would outline the requirements of archaeological monitoring and recording where archaeological remains of potential local significance may be impacted

Sydney Metro

(Transferred to Georgiou under VO-003)

C1 Sampling and testing of soils in areas of potential contamination concern would be conducted to characterise the soils (with respect to contamination) and determine the appropriate waste classification (which may include hazardous wastes or special wastes) and management response Waste classification would be carried out in accordance with the Waste Classification Guidelines Part 1 Classifying Waste (NSW Environment Protection Authority 2014)

Appendix 1

Appendix 1A

C2 Soils would be managed in accordance with the Protection of the Environment Operations (Waste) Regulation 2014 and disposed of to an appropriately licensed waste management facility

Appendix 1

Appendix 1A

C3 Erosion and sediment measures would be implemented in accordance with the principles and requirements in Managing Urban Stormwater ndash Soils and Construction Volume 1 (Landcom 2004) and Volume 2D (NSW Department of Environment Climate Change and Water 2008)

Appendix 2

C4 All fuels chemicals and hazardous liquids would be stored in accordance with Australian standards and EPA Guidelines Any refuelling carried out on-site would be carried out in designated areas only and spill kits would be available as part of any worksite

Appendix 3

C5 Prior to ground disturbance in areas of potential acid sulfate soil occurrence testing would be carried out to determine the presence of actual andor potential acid sulfate soils If acid sulfate soils are encountered they would be managed in accordance with the Acid Sulfate Soil Manual (Acid Sulfate Soil Management Advisory Committee 1998)

Appendix 2

LV1 The design and maintenance of construction site fencing would aim to minimise visual amenity impact where visible from public areas

Section 722

LV2 Lighting of construction areas (if required) would be orientated to minimise glare and light spill impacts on adjacent receivers

Appendix 7

WR1 All waste would be assessed classified managed transported and disposed of in accordance with the Waste Classification Guidelines and the Protection of the Environment Operations (Waste) Regulation 2014

Appendix 1

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The waste management hierarchy principles established under the Waste Avoidance and Resource Recovery Act 2001 of avoidreducereuserecycledispose would be applied to the construction of the proposal

AQ1 The following best-practice dust management measures would be implemented during all construction works

Regularly wet-down exposed and disturbed areas including stockpiles especially during dry weather

Adjust the intensity of activities based on measured and observed dust levels and weather forecasts

Minimise the amount of materials stockpiled and position stockpiles away from surrounding receivers

Regularly inspect dust emissions and apply additional controls as required

Appendix 6

AQ2 Plant and equipment would be maintained in a proper and efficient manner Visual inspections of emissions from plant would be carried out as part of pre-acceptance checks

Appendix 6

GHG1 Opportunities to reduce greenhouse gas emissions through the increased use of recycled materials would be investigated during detailed design

Sydney Metro

CI1 The likelihood of cumulative (ie concurrent and consecutive) construction impacts would be reviewed during detailed design when detailed construction schedules are available

Co-ordination and consultation with the following stakeholders would occur where required to manage the interface of projects under construction at the same time

Transport for NSW including Transport Coordination

Department of Planning Industry and Environment

Port Authority of NSW

Sydney Motorways Corporation

Construction contractors

Co-ordination would occur between potentially interacting projects to minimise concurrent or consecutive works in the same areas where possible

Sydney Metro

Georgiou must participate in any consultation as requested by the Principal and provide the Principal with all information and documentation the Principal requires to comply with condition

Environmental Licences and Permits

The Project Environmental Site Representative will be responsible for

Checking with the local government municipality to see if there are local environmental requirements Identifying the environmental licences and or permits under which the site will operate Obtaining a copy of any client held licences permitsapprovals to determine conditions of compliance or if not

available obtaining written verification that licences and permits are held Obtaining Georgiou held licences and or permits Monitoring compliance to the conditions of the licencepermit and report on the status in the Project HSEQ

Performance Report and to the client

Permits and licences relevant to the project are as follows

Permit licence Responsibility Status

Environmental protection licences (EPL) under the Protection of the Environment Operations Act 1997 for road construction

Georgiou Not required as this project does not trigger a scheduled activity under the POEO Act 1997

Road Occupancy Licences Georgiou To be applied for as required

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Infringement Improvement and Prohibition Notices

The Project Manager or delegate will ensure any infringement improvement or prohibition notice issued by a

regulatory authority recorded as a incident in Georgioursquos Incident reporting database (Beakon) and appropriate

actions taken in a timely manner A copy of the infringement improvement or prohibition will be added to the

incident report and forwarded to the HSE Business Unit Lead

The Project Manager will notify via email their General Manager Construction Manager Operations Manager

HSE Business Unit amp Environmental Site Representative Lead when the infringement improvement or prohibitions

notice has been closed out

Availability of Statutory and Other Information

Georgioursquos HSEQ Department maintains links to current statutory documents (Acts Regulations and Codes of

Practice) in the HSE Legal and Other Obligations Directories which are located on Georgioursquos Intranet

(GENIE)Georgiou subscribes to Environmental Essentials product Envirolaw which is available to all personnel

through the intranet link Envirolaw summarises environmental legal obligations provides links to legislation and

guidelines as well as providing search capabilities

Changes in legislation are monitored by the HSEQ Department and site management will be notified where a change

affects a site The Project Manager will be responsible for communicating changes in accordance with section 7

HSE will ensure the change is reflected in this Management Plan and other relevant plans and documents as

applicable

Objectives amp Targets

Objectives and targets have been set for the site taking into account the significant hazards and environmental

aspects of the job the group objectives and client and contractual requirements These are documented in the

table below

Item Description Measurement Target

1 Successful implementation of CEMP and contract requirements

Audits inspections reporting management reviews

0 NCRs associated with CEMP implementation

2 Compliance with all legal requirements Audits reporting management reviews

0 regulatory infringements (PINs or prosecutions)

3 Engage with the affected and broader community minimise complaints and respond to any complaints within a suitable timeframe

Review complaints register reporting audits

0 NCRs associated with CCS implementation

4 Environmental incidents with the potential to cause material harm to the environment

Number of material harm incidents 0

5 Continuously improve environmental performance

Regular environmental inspections

Regular Leadership visits

Share environmental best practice and innovations across projects

1 environmental inspection per week

1 Leadership visit per month

1 NSW Environmental meeting per month

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6 Environmental Awareness for all workers

Conduct all Toolboxes and training identified in this CEMP

1 environmental toolbox per month on relevant site issues

Additional objectives and targets may be set specifically for activities identified for upcoming works Performance

against all HSE objectives will be monitored as a minimum monthly at site meetings

6 STRUCTURE AND RESPONSIBILITIES

Organisational Structure

The site organisational structure has been documented in the Site Organisational Chart The Site Organisational

Chart identifies the roles that will support the site in fulfilling their HSE responsibilities

Roles and Responsibilities and Authority

The Project Manager is accountable for the environmental performance of the project and the implementation of

the projectrsquos management plans Key personnel and their site responsibilities are detailed below

Project Manager ndash Brad Collins

The environmental responsibilities of the Project Manager include (but are not limited to) the following

Ensure all works comply with relevant regulatory and Project requirements Ensure the requirements of this CEMP are fully implemented and in particular that environmental

requirements are not secondary to other construction requirements Endorse and support the environmental policy Be aware of their environmental responsibilities as detailed in the management plans Actively ensure that subcontractors and suppliers are complying with environmental requirements Liaise with the client and other government authorities as required Participate and provide guidance in the regular review of this CEMP and supporting documentation Provide adequate resources (personnel financial and technological) to ensure effective development

implementation and maintenance of this CEMP Ensure that all personnel receive appropriate induction training including details of the environmental and

community requirements Ensure that complaints are investigated to ensure effective resolution Stop work immediately if an unacceptable impact on the environment is likely to occur Hold monthly HSEQ management meetings to review environmental performance and monitor

implementation and effectiveness of the management system Ensure their direct reports fulfil their environmental responsibilities and achievement of KPIrsquos Support workers to immediately stop any lsquoat risk behaviourrsquo identified during their work activities

Project Site Engineer ndash Richard Kelly

The environmental responsibilities of the Project engineers include (but are not limited to) the following

Provide input into the preparation of environmental planning documents as required Ensure that instructions are issued and adequate information provided to employees that relate to

environmental risks on-site Ensure that the works are carried out in accordance with the requirements of the CEMP and supporting

documentation including the implementation of all environmental controls Identify any environmental risks Identify resource needs for implementation of CEMP requirements and related documents Ensure that complaints are investigated to ensure effective resolution

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Take action in the event of an emergency and allocate the required resources to minimise the environmental impact

Report any activity that has resulted or has the potential to result in an environmental incident immediately to the Supervisor and Environmental Site Representative

Supervisor ndash Eddie Storer

The Supervisor is responsible for creating an exemplary HSE culture and ensuring adherence to the Management System on their site The Supervisor is responsible for approving the commencement of works and to allocate necessary resources to complete a job safely in accordance with the Management Plan and will

Demonstrate commitment to the Environment by monitoring the workplace to ensure work practices are adhered to by way of routine checks of the workplace compliance to the Management Plan

Demonstrating through their actions and behaviour that safety and the environment are core values Hold Supervisors and leading hands (Georgiou amp subcontractors) accountable for the fulfilment of their

Environmental responsibilities including KPIrsquos Be given the authority and independence to require reasonable steps be taken to avoid or minimise

unintended or adverse environmental impacts Allocating work to ensure appropriate supervision for those with lesser experience Ensuring appropriate and necessary plant and equipment is provided for workers to carry out their work

safely and without undue harm to the environment Stopping rejecting or quarantining materials plant and equipment Supporting workers to immediately stop any lsquoAt Risk Behaviourrsquo identified during their work activities Participating in audits investigations and constructability reviews Management and HSE performance of the subcontractors utilised on site

Environmental Site Representative ndash Chloe Redman

The environmental responsibilities of the Environmental Site Representative include (but are not limited to)

overall responsibility for the implementation of environmental matters on the Project development implementation monitoring and updating of the EMP and sub-plans in accordance with

ISO14001 report to the Project Manager on the performance and implementation of the CEMP to ensure management

reviews of the CEMP are undertaken annually documented and actions implemented ensure environmental risks of the Project are identified and appropriate mitigation measures implemented identify where environmental measures are not meeting the targets set and where improvement can be

achieved ensure environmental protocols are in place and managed ensure environmental compliance obtain and update all environmental licences approvals and permits as required liaise with the approval authorities manage environmental document control reporting inductions and training manage environmental reporting within the Project team and to the Client and regulatory authorities prepare reports on a monthly basis outlining the Project works undertaken and the achievements that have

been met as well as identifying those areas where improvements were made oversee site monitoring inspections and audits manage all sub-contractors and consultants with regard to environmental matters including assessing their

environmental capabilities and overseeing the submission of their environmental documents develop and facilitate induction toolbox talks and other training programs regarding environmental

requirements for all site personnel notify the client and relevant authorities in the event of an environmental incident and manage close-out of

these stop activities where there is an actual or immediate risk of harm to the environment or to prevent

environmental non-conformities and advise the Project Manager and Supervisor assist the Community Relations Manager to resolve environment-related complaints

undertake site inspections carry out monitoring activities and complete site checklists ensure monitoring records are appropriately maintained reviewed and any non-compliance issues addressed assist in identifying environmental risks

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advise the Project Manager of the need to stop work immediately if an unacceptable impact on the environment is likely to occur or to require other reasonable steps to be taken by the site Construction staff to avoid or minimise impacts

Environmental Consultants

Georgiou has engaged consultancy contracts with the following companies

Ade Consulting - Contaminated land and hygienist services VMS ndash Noise and Vibration Management Services ARTEFACT ndash Archaeological and Heritage Consultants

Throughout the works there may be the requirement to engage other specialist environmental consultants or change the consultants listed above All Environmental consultants engaged to provide specialist advice on environmental matters are responsible to

comply with the relevant requirements of the CEMP or other environmental management guidance as instructed by a member of the Projectrsquos management

participate in the mandatory Projectsite induction program report any environmental incidents to the Supervisor immediately or as soon as practicable if reasonable

steps can be adopted to control the incident Stop activities where there is an actual or immediate risk of harm to the environment and advise the

Supervisor Ensuring compliance with the requirements of the HSE management system Adhering to all permit requirements Complying with all statutory and regulatory requirements

All Personnel

All personnel on site are responsible for

comply with the relevant requirements of the CEMP or other environmental management guidance as instructed by a member of the Projectrsquos management

participate in the mandatory Projectsite induction program report any environmental incidents to the supervisor immediately or as soon as practicable if reasonable

steps can be adopted to control the incident undertake remedial action as required to ensure environmental controls are maintained in good working

order Stop activities where there is an actual or immediate risk of harm to the environment and advise the

Supervisor Ensuring compliance with the requirements of the HSE management system Participating and adhering to SWIrsquos and JHArsquos Adhering to all permit requirements Immediately stopping any lsquoAt Risk Behaviourrsquo identified during daily work activities Complying with statutory and regulatory requirements

Communication and Acceptance of Accountabilities and Responsibilities

The Core Site Team will acknowledge their understanding and acceptance of the site accountabilities and

responsibilities by signing Appendix 1 in this plan

Field Leadership Visits

Senior Management with an operational role or functional support will demonstrate visible and proactive commitment by visiting site to engage in discussion with site management and workers in regard to HSE issues relevant to the business which may include any of the following

Active participation and contribution in Pre-start meetings Participation in Toolbox Talks Participation in the delivery of site safety and environmental messages on-site HSE programs or initiatives Participation in work inspections One-on-one discussions

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Behavioural observations Participation in monthly meetings discussing HSEQ performance

A record of the visit and the activity undertaken by the Senior Manager will be recorded and where appropriate feedback provided to the Site team A component of the Site Leadership visit will involve an environmental inspection of the site in accordance with section 151

7 COMMUNICATION AND CONSULTATION

The following documents provide further information in regards to this topic

HSEQ Communication and Consultation Standard

Community Relationship Management Guideline

Resolution of HSE Issues Procedure

Internal Communication and Consultation

Communication and consultative arrangements will be put in place to provide workers including subcontractors

with information and an opportunity to contribute to HSE and comply with applicable legislative requirements

The Site will use the methods detailed below to communicate to employees subcontractors and visitors

information in regard to the Georgiou Management System this management plan performance and environmental

issues

711 Inductions

All personnel (including sub-contractors) are required to attend a compulsory site induction that includes an

environmental component prior to commencement on-site This is undertaken to ensure all personnel involved in

the Project are aware of the requirements of the CEMP The environmental component of the induction must cover

all elements of the CEMP and will include as a minimum

relevant details of the CEMP including all sub-plans procedures and strategies their purpose and objectives

policies and KPIs

Requirements of due diligence and duty of care

relevant legislation and conditions of environmental licences permits and approvals

Potential environmental emergencies on-site and the emergency response procedures

Reporting and notification requirements for pollution and other environmental incidents

key environmental issues

Mitigation measures for the control of environmental issues

Complaints response and reporting

Communication protocols for interactions with community and stakeholders

site specific environmental management requirements and responsibilities

Incident and emergency response and reporting requirements

Environmentally sensitive locations and no-goexclusion zones

Erosion and sediment controls water quality controls and sediment basin management

Management of contaminated material (including asbestos impacted material)

Location of identified potential contaminated land sites

Signs of contaminated soil including visual asbestos identification protocols

Procedure for unexpected finds of contaminated land asbestos

Water quality management and protection measures

Location of identified Aboriginal and non-Aboriginal archaeological heritage sites areas of cultural sensitivity

and areas of archaeological potential and the kinds of historical relics structures or deposits which may be

encountered during the Construction works

Unexpected finds procedures for heritage

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noise vibration and air quality management controls

Standard Construction hours and the process for seeking approval for out of hours works including consultation

Road occupancy and other temporary and interim traffic arrangements

Specific responsibilities for the protection of flora and fauna

A record of all environment inductions will be maintained in a Project induction and training Register and kept on-

site The training register will identify who is trained when trained the trainer and what they were trained in

712 HSE Notice Boards

All worksites that have a crib room will set up a HSE notice board to display

Project HSEQ Performance Report

Environmental BulletinsAlerts

Site HSEQ Objectives and Targets

Organisational Chart

A Site Layout Plan and Emergency Evacuation Plan Emergency contacts and First Aiders list These will also be

posted in prominent locations throughout the site as described in the site Emergency Response Management

Plan

Risk Registers

713 HSE Alerts Bulletins

Incident Alerts will be used to communicate learningrsquos and actions required to assist in ensuring incidents that have

occurred in one workplace are not repeated in others HSE Bulletins will be used to communicate environmental

information to the workplace HSE Alerts and Bulletins will be developed by the Site Team using the approved

templates and approved by the HSE Business Unit Lead prior to communication

714 Site Meetings

The following meetings will be held on site to monitor implementation of the Georgiou Management System review

performance and communicate consult with workers in regards to HSE

Site Meetings (refer to section 142) Pre-Start Meetings Toolbox Meetings

Meeting agenda and minutes will be recorded maintained and be made available when required

Community and Stakeholder Involvement

A Community Communication Strategy will be developed for the project Key elements of the Community

Communication Strategy which will be implemented at appropriate times in the construction process will include

Notification (including targeted letterbox drops and email) of any works that may disturb local residents and businesses (such as noisy activities and night works) at least seven days prior to those works commencing

Notification (including targeted letterbox drops and email) of works that may affect transport (such as road closures changes to pedestrian routes and changes to bus stops)

Traffic alerts (via email) to all key traffic and transport stakeholders advising of any changes to access and local traffic arrangements (at least seven days prior to significant events)

Print and radio advertisements regarding major traffic changes 24-hour toll-free community project information phone line Complaints management Community information sessions as required Regular updates to the Sydney Metro website (sydneymetroinfo) including uploading of all relevant

documents and contact details for the stakeholder and community relations team

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Provision of information to the Sydney Metro Community Information Centre including community newsletters information brochures and fact sheets and interactive web-based activities

Clear signage at the construction sites Newspaper advertisements in local and metropolitan papers as required Regular inter-agency group meetings Community business and stakeholder satisfaction surveys and feedback forms Translator and interpreter services and The project team will liaise with the Sydney Metro Project Communications team as the point of contact for

the community

721 Complaints Management

Community liaison and complaints handling will be undertaken in accordance with the Construction Complaints

Management System and will include

dealing with complaints in a responsive manner so that stakeholdersrsquo concerns are managed effectively and promptly and

A verbal response will be provided to the complainant as soon as possible and within a maximum of two hours from the time of the complaint (unless the complainant requests otherwise) A detailed written response will then be provided if required to the complainant within one week

A complaints register will be maintained in Georgioursquos BEAKON database and in Sydney Metrorsquos Consultation

Manager TM which will contain

Date and time of complaint Method by which the complaint was made (telephone letter meeting etc) Name address and contact telephone number of complainant (if no such details were provided a note to that

effect) Nature of complaint Action taken in response including follow up contact with the complainant Any monitoring to confirm that the complaint has been satisfactorily resolved If no action was taken the reasons why no action was taken

The project will apply an adaptive approach to ensure that corrective actions are applied in consultation with the

appropriate construction staff to allow improvements in the management of issues resulting in community

complaints

722 Urban Design of temporary works

Temporary construction works will consider urban design and visual impacts including

Minimise impacts on existing landscape features as far as feasible and reasonable Artwork graphics and images to enhance the visual appearance of temporary works in high visibility locations Project information to raise awareness on benefits explain the proposed works at each site and provide

updates on construction progress Community information including contact numbers for enquiries complaints Signage and information to mitigate impacts on local businesses which may be obscured by the construction site Sydney Metro advertising public awareness campaigns Logos branding including Sydney Metro NSW Government and Contractor branding

The design of all temporary works will require Sydney Metro approval in relation to urban design and visual impacts

and Sydney Metro will stipulate the design of hording artwork including

Sydney Metro advertising public awareness campaigns and Logos branding including Sydney Metro NSW Government and Contractor branding

Construction hoardings scaffolding and acoustic sheds will be regularly inspected and kept clean and free of dust

build up Graffiti on construction hoardings scaffolding or acoustic sheds will be removed or painted over

promptly The principles of Crime Prevention Through Environmental Design will be applied to all works including

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temporary works that have a public interface

723 Business and Property Impacts

The project footprint is within any area managed by the Port Authority of NSW and several port related facilities

are adjacent to the work including Cement Australia Gypsum Resources Australia and Sugar Australia Georgiou will

undertake works to meet the following objectives

Minimise the potential impact of the project to businesses affected by construction works Ensure businesses are kept informed of the project and consulted in advance of major works or factors that are

likely to have a direct impact Ensure that business stakeholder enquiries and complaints regarding the project are managed and resolved

effectively

Consult with all business directly affected by changes to access arrangements regarding specific requirements at least two weeks prior to those changes coming into effect

8 HAZARD IDENTIFICATION AND RISK CONTROL

The following documents provide further information in regards to this topic

HSEQ Risk and Operational Control Standard Job Hazard Analysis (JHA) Procedure Permit to Work Procedure

Hierarchy of Control

The following hierarchy of control will be applied to controlling environmental risks and environmental aspects

within Georgiou This hierarchy recognises that the best controls act on the environment not on the people in it

HazardsAspects

Waste

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Site Environmental Risk Analysis

The Site Team has undertaken a construction risk assessment workshop (CRAW) and developed a HSEQ Risk

Register based on the Master Risk Register which incorporates the Companyrsquos mandatory controls and additional

site specific hazards and controls identified in the CRAW This Management Plan and the Emergency Response

Management Plan have been based upon this HSEQ Risk Register

Works on site will be undertaken in accordance with the HSEQ Risk Register The HSEQ Risk Register will be

made available to workers

Review of Risks

The aspects within the HSEQ Risk Register will be reviewed for adequacy

At site meetings Prior to the commencement of any new construction work that involves high impact risks After a significant incident

If there is a change made to the construction methodology and associated change in the risks and controls associated with the works the Risk register and Construction Environmental Management Plan will be updated as appropriate

831 Change Management

The following documents provide further information in regards to this topic

Change Management Procedure

Where there is a change to the planned scope design or construction methodology (including plant machinery

materials or sequence) the impact of the change must be assessed and a determination on whether the Change

Management Procedure applies If so then a formal analysis of the change will be undertaken using the

Management of Change Event Design Form

Changes to the project may require an assessment to determine consistency with the REF and Environmental

Documents The assessment will include

A description of the existing surrounding environment Details of the ancillary works and construction activities required to be carried out including the hours of works An assessment of the environmental impacts of the works including but not necessarily limited to traffic

noise and vibration air quality soil and water ecology and heritage Details of mitigation measures and monitoring specific to the works that would be implemented to minimise

environmental impacts Identification of the timing for completion of the construction works and how the sites would be reinstated

(including any necessary rehabilitation)

Operational Control

Operations and activities associated with significant environmental aspects will be planned to ensure they are

carried out under specific operating conditions An Environmental Control Map (ECM) Safe Work Method

Statements Job Hazard Analysis Take Five Hazard Report or a combination of these will be used to achieve this

requirement

841 Environmental Hazard Reporting

Environmental Hazard reporting will be conducted using the Hazard Report (contained within the Hazard

ReportTake 5 booklet)

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The Supervisor is responsible for ensuring environmental hazards are addressed in a timely manner using the

hierarchy of control and communicated to those who may be potentially affected Where hazards cannot be

addressed immediately and additional controls are required they are to be reported into the Beakon system for

follow-up and close-out

842 Take 5

Take 5 booklets will be available to all workers to perform risk assessments for work that is not high risk

construction Take 5 risk assessments include environmental aspects and the identified environmental controls for

these risks are to be documented on the Take 5 form and implemented for the works

843 Job Hazard Analysis (JHA)Safe Work Method Statement (SWMS)

JHASWMS will be completed for all high risk construction work JHASWMS developed will reflect the safety and

environmental risks and controls identified in the sites risk register and supporting work instructions

Subcontractors will be provided access to the sites HSEQ Risk Register and prior to undertaking the work will be

required to submit their JHArsquosSWMS to Georgiou for review and approval using the Subcontractor JHASWMS

Assessment (available in Beakon)

844 Permit to Work

The following high risk activities require written authority in the form of a ldquopermit to workrdquo from the Georgiou Site

Team

Vegetation Clearing Permit (Georgiou form) Dewatering Permit (Georgiou form) Out of Hours application (Sydney Metro form)

Relevant environmental controls detailed in this CEMP and associated sub plans (appendices) will be included in the

environmental permits No work involving these activities will commence until the appropriate permit has been

completed Personrsquos issuing permits on the Site will be given training in the Georgiou Permit to Work system A

permit may be required for other high risk activities as determined by risk assessment the Sitersquos Manager andor

contractual requirements

845 Environmental Control Maps

To assist pre-construction planning and on-site construction management the environmental site constraints are

consolidated on a series of map-based sheets that extend the length of the Project Environmental Control maps

include information pertaining but not limited to

Noise and vibration sensitive receiverrsquos eg residential dwellings

Flora features including threatened species and endangered ecological communities

Aboriginal and non-Aboriginal heritage sites including items places objects and sites

Local waterways

Recorded threatened fauna sightings

Relevant environmental controls detailed in this CEMP and associated sub plans (appendices)

The Environmental Control maps are a working element of the CEMP and will be revised throughout construction to

reflect true ground conditions and the most up-to-date information available on sensitive sites Sensitive area maps

will be used in conjunction with EWMS and ESCPs to help identify key risk areas and to promote ongoing

communication to construction personnel during the Project

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9 SIGNIFICANT ENVIRONMENTAL ASPECTS MANAGEMENT

The following environment aspects have been identified as significant for this project Risks associated with these

significant aspects and appropriate controls have been identified during the construction risk assessment workshop

(CRAW) and included in the HSEQ Risk Register in accordance with section 82

In addition aspect specific sub-plans within this CEMP have been developed to detail how the environmental

aspects will be managed to comply with relevant legislation amp client requirements These aspect specific sub plans

include

Waste

Soil and Water

Hydrocarbon and Chemical

Cultural Heritage

Air Quality and Dust

Noise and Vibration

Contamination

10 CLOSURE AND COMMISSIONING

At completion of this project Georgiou will hand over the site in an environmentally responsible state) taking into

account the nature of the works in accordance with legislative amp contractual requirements

11 TRAINING COMPETENCY AND RESOURCING

All Georgiou personnel and contractors will undergo environmental training before commencing works on site

Training will be undertaken in the following forms

project site induction (section 711) and Environmental awareness training through regular tool box discussions Inductees will be required to sign-off that they have been informed of the environmental issues and that they

understand their responsibilities

1111 Toolbox talks

ldquoToolboxrdquo training will help to ensure that relevant information is communicated to the workforce and that

feedback can be provided on issues of interest or concern ldquoToolboxrdquo training will generally be prepared and

delivered by the Project Engineers Site Foreman or HSE Advisor Toolbox training topics are to be delivered to

provide refresher information on the environmental induction topics and associated environmental procedures In

the event of environmental near misses or incidents or changes to procedures that could result in changed levels of

environmental risks Toolbox talks may be used to deliver updates

Toolbox topics likely to be required include

work methods and efficient use of plant and materials waste management minimisation and recycling dust control protecting waterways spills and leaks emergency response procedures wet weather procedures and inspections and Legislation updates Please refer to the Toolbox schedule for a library of HSE toolboxes to deliver over the life of the project

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1112 Recording of Training and Assessment

Records of training and assessment will be maintained and will be readily available for verification Records of

induction and training will include the topic of the training carried out dates names and trainer details

12 INCIDENT EMERGENCY PREPAREDNESS AND RESPONSE

The following documents provide further information in regard to this topic

Emergency Preparedness and Response Standard

EmergencyIncident Planning and Control

The site has in place an Emergency Response Management Plan (ERMP) that addresses emergency response control

and recovery based upon credible emergency scenarios as identified in the Site Risk Register The Emergency

Response Management Plan has been developed in accordance with Emergency Preparedness and Standard

13 HSE REPORTING AND INVESTIGATION

The following documents provide further information in regard to this topic

Sydney Metro Environmental Incident and Non Compliance Reporting Procedure

Notifications and Reporting

The Project Manager is accountable for ensuring all necessary reporting and notifications take place including

Client notification Statutory notification Scheme notification Community Complaints

Notifications and reporting regarding incidents will be done in accordance with the Sydney Metro Environmental

Incident and Non Compliance Reporting Procedure

1311 Internal

The Environmental Site Representative or their delegate will be responsible for reporting all incidents into Beakon

database Incidents reported into Beakon will be reviewed by the Responsible Manager and approved within five

working days or before month end in which the incident occurred

1312 Notification of Incidents to Sydney Metro

Sydney Metro will be notified of any Georgiou environmental incident as soon as reasonably practicable Copies of

the incident reports and investigations incident will be made available to Sydney Metro within 48 hours in

accordance with the Sydney Metro Environmental Incident and Non Compliance Reporting Procedure

1313 Statutory Notifications

An incident is an uncontrolled event or violation with serious or potentially serious negative consequences to

people property reputation or the environment Under Section 148 of the Protection of the Environment

Operations Act 1997 (POEO Act) Georgiou has a duty to immediately report pollution incidents causing or

threatening material harm to the environment Material harm is defined in Section 147 of the POEO Act as

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lsquoinvolves actual or potential harm to the health or safety of human beings or to ecosystems that is not trivial or

it results in actual or potential loss or property damage of an amount or amounts in aggregate exceeding

$10000 and this loss includes the reasonable costs and expenses that would be incurred in taking all reasonable

and practicable measures to prevent mitigate or make good harm to the environmentrsquo

Investigations

Investigations regarding the incident will be completed in accordance with the Sydney Metro Environmental

Incident and Non Compliance Reporting Procedure and commence as soon as practicable (preferably

immediately) but within 24 hours

All environmental incidents would be investigated in such a manner that the following basic elements can be

established

identifying the cause extent and responsibility of the incident

identifying and implementing the necessary corrective action

identifying the personnel responsible for carrying out the corrective action

implementing or modifying controls necessary to avoid a repeat occurrence of the incident

recording any changes in written procedures required and

Advising regulatory authorities in accordance with licence conditions

Review and Communication of Incidents

Incidents will be reviewed to check that causal factors and root causes were identified and that the findings have

been effectively addressed through assignment of actions at the

Site monthly meetings Business Unit meetings OHS Committee Meeting (if established)

Actual and potential class 1 incidents will be reviewed by senior management to ensure adequacy of closeout HSE

incidents and their preventative actionslearnings will be communicated at pre-start meetings toolbox meetings

and through HSE alertsbulletins as per section 7

14 ENVIRONMENTAL REPORTING

1411 Monthly Reports

Georgiou is required to submit an Environmental Monthly Report to the client including the information specified

below as evidence of implementation of the Environmental Management Plan

Implementation of environmental management including environmental monitoring implementation of environmental controls training inspections and testing

Implementation of incident management including emergency response - details of all environmental incidents or emergencies including non-compliance with environmental procedures and near misses complaints implementation of incident and emergency response management and implementation of corrective action

Implementation of reviews - details of internal reviews audits and inspections undertaken to verify that on-site environmental processes and practices conform to the Environmental Management Plan

Waste Statistics and NGERs reporting

Site Meetings

The Site will hold a monthly HSEQ Management Meeting in accordance with the Health amp Safety Management Plan

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Project Performance Review

At completion of the Project the Project Manager is responsible for arranging a review of project performance

which will include HSE management performance and lessons learnt for the purpose of continually improving

Georgiou Management Systems This review will be in accordance with the Project Close-Out Procedure

15 AUDITING REVIEWS AND INSPECTIONS

The following documents provide further information in regards to this topic

Auditing Reviews and Inspections Standard

Inspections

1511 Environmental Inspections

The following inspections will take place on site

Environmental Weekly Inspections Detailed Hazard Inspections considering timingavailability of activities Site leadership field visits These inspections will be used a process to monitor onsite environmental performance and they will cover all applied environmental mitigation measures including water quality erosion and sediment control structures fuel and chemical storage and waste management Attendees for the inspections can include Sydney Metro Environmental and project team members Georgiou Environmental and project team members and Georgiou Senior and Executive Management when conducting a Field Leadership Visit (section 64) The Environmental Site Representative will record inspection findings on the inspection report If any maintenance andor deficiencies in environmental controls or in the standard of environmental performance are observed they will be recorded on the inspection Records will also include details of any maintenance required the nature of the deficiency any actions required and an implementation priority Any Sydney Metro Environmental Inspections will occur on the Sydney Metro Inspection record template ndash Appendix 10

Audits and Reviews

The following audits are scheduled for this site

Internal

AuditReview

Purpose Commencement On-going requirement

Site HSE Mobilisation Audit

Review achievement towards site start-up activities

8 weeks after mobilisation NA

Internal HSEQ audit

Determine compliance to the management systems and an assessment as the effectiveness of those requirements to meet our legal and other obligations

Within 6 months of project start up

6 monthly

Sydney Metro (or an independent environmental auditor) Audit

EampSMS and compliance with the environmental aspects of contract documentation including Construction Environmental Management Framework

Construction Periodic

to be confirmed

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The Project Environmental Site Representative will be the principal contact for external auditors wishing to audit

the Sitersquos environmental management systems The Project Environmental Site Representative will be responsible

for responding to any external audits findings

Monitoring

Environment monitoring will be undertaken to validate the impacts predicted for the Project The monitoring

requirements for required aspects are included in the relevant environmental management sub-plans (Appendices)

All environmental monitoring equipment shall be maintained and calibrated according to manufacturerrsquos

specifications and appropriate records kept

Where monitoring results are outside of the expected range and are directly attributable to the Project (ie are

influenced by factors under the direct control of the Project eg noise from construction equipment) the process

described below will occur

An analysis of the results by the Environmental Site Representative in more detail with a view of determining possible causes for the non-conformance

A site inspection by the Environmental Site Representative or delegate Advising relevant personnel of the problem Identifying and agreeing on actions to resolve or mitigate the non-conformance Implementing actions to rectify or mitigate the non-conformance

Corrective Actions

Corrective actions identified through hazards inspections incidents auditing will be recorded in Beakon Close out of corrective actions are monitored through Site meetings and reported to senior management through the monthly and quarterly board reports

16 DOCUMENT AND RECORD CONTROL

Georgioursquos Health Safety and Environment Policies Standards Procedures Safe Work Instructions References

Guidelines Forms Templates are all accessible via the Companyrsquos Intranet - GENIE GENIE will maintain the

current and only authorised versions for use

Environment Management documentation that has been specifically developed for the site will be controlled on site

and recorded on the Site Document Register in accordance with the Site Quality Management Plan

The Project Manager is the owner of this plan and will apply change control to ensure the most recent plans are

approved and executed

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17 APPENDICES

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Appendix 1 - Waste Management Sub Plan Responsibility

Objectives amp Targets

Refer to the Site Objectives amp Targets (section 57 of this CEMP) Minimise spoil generation where possible The project will mandate 100 reuse or recycling (on or off-site) of usable spoil Spoil will be managed with consideration to minimising adverse traffic and transport related issues Spoil will be managed to avoid contamination of land or water Spoil will be managed with consideration of the impacts on residents and other sensitive receivers Site contamination will be effectively managed to limit the potential risk to human health and the environment Minimise waste throughout the project life-cycle Avoidance of unnecessary resource consumption Resource recovery (including reuse reprocessing recycling and energy recovery) and Disposal

Project Manager

Performance Criteria

100 Compliance with Client amp legal requirements 100 achievement with Project Objectives amp targets 100 achievement of relevant Sydney Metro CEMF objectives

Project Manager

Mitigation Measures

Training and Competency

As part of the Site Induction workers will be informed of

- The types of waste generated on site

- How the wastes are to be handled stored and disposed of Personnel responsible for clean-up of spills will be provided with instruction on how to use the sites

spill kits Personnel handling hazardous materials will be provided training to read and understand the SDS

Project Manager

Unidentified Waste Wastes that cannot be positively identified (ie unlabelled liquids potential asbestos) will be tested

before handling and disposal Any material that is unknown should be considered hazardous until positively identified

Project Engineer

Handling

Where practicable dust generating rubbish and debris will be removed to minimise dust release into the atmosphere

Handling of waste will be done in accordance with relevant state or local by-laws using suitable personal protective equipment

Project Engineer

Storage

Containers used for storage are not to be opened handled transported or stored in a manner that may rupture the container

All waste will be stored in waste receptacles and removed off site by a licensed contractor on a periodic basis

Dedicated recyclable and hazardous receptacles will be labelled Wastes stored on site will be stored in a manner to prevent the attraction of vermin and native

wildlife Waste is to be stored away from access and egress routes

All

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CEMP Bays Road Relocation Works

Appendix 1 - Waste Management Sub Plan Responsibility

The quantity and volume of wastes stored on site may be minimised where reasonably practical to reduce the risk to health safety and the Environment

Project Managers will be responsible for identifying and obtaining any required licenses andor permits to store wastes

Disposal

In deciding how to dispose of waste generated on site consideration will be given to reducing reusing or recycling waste where reasonably practical to minimize the volume sent to landfill Where reuse or recycling is not a feasible option the waste will be sent to a facility capable of accepting the waste

The burning of any type of wastes will not be permitted on any Georgiou site The use of stormwater drains for the disposal of waste is prohibited The disposal of waste will be done in a manner to prevent any damage to the environment

Project Engineer

Transportation

The removal and transportation of hazardous waste controlled waste (eg asbestos hydrocarbons and sewage) for disposal will only be conducted by licensed carriers Licensed operators will be engaged in accordance with the Procurement Procedure

Before a hazardous waste controlled waste is transported off site a waste tracking receipt will be collected from the operator as verification that the waste was correctly transported off site and to identify the proposed location for disposal The receipt will be scanned and filed into the DMS and linked to the Site Waste Register A copy of the receipt will be held for a minimum of 3 years

The transportation of other wastes for disposal will only be conducted if the load is covered or there is no risk of loaddebris falling and the load is disposed of at a registered landfill

Project Manager

Spoil

Although the Project would require the importation of fill material the excess spoil would be generated including from the following sources

Soils ndash This includes any topsoil and natural subsoils (ie soils between the topsoil and underlying bedrock)

Natural rock ndash This material would be generated from excavation of sandstone bed rock if required Road construction material ndash This would include material generated from the demolition of the

existing roads such as asphalt concrete geotechnically stabilised road sub-base and base material

Project Engineer

Spoil Classification

Spoil generated during the Construction of the Project will be firstly assessed for reuse in the project Should it not be suitable for onsite reuse it will be assessed in accordance with the Sydney Metro Classification Procedure (Appendix 1A) It will firstly be assessed against the requirements for Virgin Excavated Natural Material (VENM) detailed within the Protection of the Environment Operations Act 1997(POEO Act)

Project Engineer

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Appendix 1 - Waste Management Sub Plan Responsibility

If the material is not deemed to be VENM an assessment of the suitability of any current general resource recovery exemptions issued under the Protection of the Environment Operations (Waste) Regulation 2014 will be undertaken Current general resource recovery exemptions that may apply to the Project are

The excavated natural material exemption 2014 The excavated public road material exemption 2014 Spoil that cannot be re-used onsite or offsite under any of the exemptions stated above or classified as VENM will require waste classification in accordance with the Waste Classification Guidelines Part 1 Classifying Waste (EPA 2014) prior to offsite disposal at an appropriately licensed facility

The management of spoil generated from the Project will be guided by the hierarchy detailed below

Rank Control Measure Implementation Example Potential to implement on Project

1 Avoid and reduce spoil

generation Reduce the amount of spoil being

generated through design and construction methodology

Limited

2 Prioritise reuse of contaminated

spoil onsite vs clean spoil Identify areas with lower risk of

contamination to spoil offsite as this will result in lower waste disposal costs for project

GSW and Contaminated Spoil is to

be utilised as fill on the project

prior to the use of excavated

sandstoneVENM The project will

produce excess spoil and the

priority is for this excess to be

sandstoneVENM

3 Reuse within Project Prioritise reuse of more contaminated

spoil onsite vs less contaminated spoil Reuse in the Project to fill

embankments and mounds within short haulage distance of source

Restoration of any pre-existing contaminated sites within the Project boundaries

Reuse as a feed product in Construction materials (eg concrete)

Preferred but dependant on area

available

Project Manager Project Engineer Project Engineer

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CEMP Bays Road Relocation Works

Appendix 1 - Waste Management Sub Plan Responsibility

4 Reuse for environmental works Reuse in revegetation and

rehabilitation projects Reuse in operational noise mitigation

works

Preferred as stockpiling on site is

restricted

5 Reuse on other development

projects Reuse for fill embankments and

mounds on projects within an economic transport distance from site

Preferred as stockpiling on site is

restricted

6 Reuse for land restoration Reuse for land reclamation or

remediation works Reuse to fill disused facilities eg

mines and quarries to enable ecological rehabilitation or other ecologically beneficial end use

Preferred as stockpiling on site is

restricted

7 Reuse for landfill management Reuse to cap completed landfill cells Reuse in daily covering of landfill

waste

Limited

8 Dispose offsite as waste Disposal of excess spoil as waste at an

approved facility licensed to receive that material

Potential but not preferred

Hazardous Waste - General

Hazardous wastes will be stored in sealed containers where practical and clearly labelled with waste type

Hazardous waste receptacles will be maintained in good condition to prevent leaks or spills Offensive odours should not be generated at any time when stored Hazardous wastes with a significant risk to human health and safety will be stored in containers that

comply with relevant legislation and guidelines Hazardous wastes will not be permitted to accumulate to a level that presents an unreasonable risk

to human health safety or the environment Controlled waste storage will be suitably contained to ensure debris does not travel beyond the boundary of the premise

Hazardous waste will be stored and segregated in accordance with their SDS Hazardous waste will be risk assessed to ensure they do not contaminate or interact with goods that are incompatible Where there may be a risk of fire hazardous waste will be segregated to prevent storage incompatibilities

Hazardous liquid waste will not be permitted to enter the environment

All

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Appendix 1 - Waste Management Sub Plan Responsibility

Design considerations for secondary containment will be given to the storage of liquid wastes to contain any potential spills Hazardous waste will be stored onin bunded palletsareas which will be compliant with AS1940-2004 443 (the bunded palletarea must have the capacity to contain 110 of the largest container

Hazardous waste such as batteries hydrocarbons sewage and asbestos will only be handled for final disposal recycling by certified waste removing contractors Sewage waste not plumbed directly into the main sewerage system will be contained within holding tanks on site compounds and emptied on a periodic basis or as required by a licenced contractor

Hazardous Waste - Batteries

Automotive and lead-based batteries will be stored in a manner that does not contaminate the natural surrounding environment This may include storage on bunded palletsareas on concrete hard stand or on any other sealed surface

All

Hazardous Waste - Asbestos

The disposal processes for asbestos will involve independent competent persons Identified ACM (Asbestos Contaminated Material) will be clearly marked out and controls put in place

to prevent contamination into surrounding areas

Project Manager

Hazardous Waste - Sanitary Sewage Waste

Sewage waste will either be plumbed directly into the main sewerage system or contained within holding tanks on site compounds and emptied as required

Sewage waste stored in bunded tanks underneath the toilets will be emptied by a licensed contractor on a periodic basis

Sanitary wastes will be stored in solid containers and clearly labelled for identification Sanitary wastes will not be re-handled after disposal to minimise the exposure and risk of double

handling Sanitary conveniences will be calculated based on the number of workers based on the site and meet

legislative requirements Sanitary waste will be stored away from food sources or where food is served Controls to prevent offensive odours to the public and workers will be implemented

Project Engineer

Recyclable Waste

On site paper and cardboard and scrap metal will be segregated to be collected and transported to a recycling facility

Green waste will be mulched and stockpiled with topsoil for use in revegetation Aggregate will be segregated during cut and fill operations for re-use

Project Engineer

Waste Water Any waste water or liquids must be disposed of to an approved receptacle and stored within an approved bunded location until they are removed from site

Project Engineer

Putrescible Waste Putrescibles waste will be stored into general waste containers that prevent the release of debris and leachate

Project Engineer

Clinical Waste In the event that clinical waste has been found the following control may be employed Project Engineer

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CEMP Bays Road Relocation Works

Appendix 1 - Waste Management Sub Plan Responsibility

Syringes and needles found on site will be stored in a clearly labelled solid sealed container to prevent access to contents They will be disposed of at a licenced provider

Clinical wastes will not be re-handled after disposal to minimise the exposure and risk of double handling

Concrete

Kibbles Concrete truck are to be washed out into a designated bunded area When the concrete is dried it will be disposed of with general waste

At no point will any Concrete truck or kibble be permitted to wash out at any point other than the designated area with all the associated controls in place

Project Engineer

Weekly (VisualDocumented)

DHI Environment to be completed via Beakon HSE Advisor

Reporting HSEQ Monthly Management Meeting Monitor and record the volumes of waste and the methods and locations of disposal Maintain records of all required waste dockets and receipts and provide to Sydney Metro monthly

Project Manager

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Appendix 1A ndash Sydney Metro Waste Classification Procedure

Unclassified

Unclassified

Waste Classification Procedure

SM-20-00040677

Sydney Metro Integrated Management System (IMS)

Applicable to Sydney Metro

Document Owner Hugh Chapman Associate Director Environment Operations Customer amp Place-Making

System Owner Carolyn Riley Director Environment Sustainability amp Planning

Status Final

Version 30

Date of issue Pending

Review date Pending

copy Sydney Metro 2020

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 2 of 14

SM-20-00040677 Waste Classification Procedure V30

Table of contents

1 Introduction 3

11 Purpose and scope 3

12 Definitions 3

13 Spoil Management Decision Framework 5

14 Spoil Handling and Segregation 5

15 Typical Application of the Framework 6

16 Unexpected Finds Protocol 7

17 Accountabilities 14

2 Related documents and references 14

3 Superseded documents 14

4 Document history 14

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 3 of 14

SM-20-00040677 Waste Classification Procedure V30

1 Introduction

11 Purpose and scope

This framework describes the approach to classifying spoil and demolition materials generated during works in accordance with environmental legislation and guidelines

This framework considers the reuse of materials on site the beneficial reuse of materials transported off site as waste (for example as virgin excavated natural material [VENM]) the recycling of materials at offsite facilities and the offsite disposal of materials when reuserecycling is not achievable

The framework considers only the compliance and classification elements of the spoil management process and does not consider all of the practical issues associated with construction geotechnical properties of the spoil or market forces and costs that influence the reuse potential of spoil or other wastes

Section 16 of this framework outlines an Unexpected Find Protocol (UFP) to be implemented should unexpected potential contamination be found during works

12 Definitions

All terminology in this Procedure is taken to mean the generally accepted or dictionary definition Other terms and jargon specific to this Procedure are defined within the SM-17-00000203 Sydney Metro glossary Acronyms specific to this document are listed below

Definitions

2014 Waste Regulation

Protection of the Environment Operations (Waste) Regulation 2014

CLM Act Contaminated Land Management Act 1997

Contamination

As defined in the CLM Act ldquomeans the presence in on or under the land of a substance at a concentration above the concentration at which the substance is normally presenthellipin the same localityhellipthat presents a risk of harm to human health or any other aspect of the environmentrdquo

Demolition materials

Materials such as concrete bricks and timber resulting from the demolition of buildings and structures Most demolition materials are pre-classified as General Solid Waste (non-putrescible) (see definition below) under the NSW EPA (2014) Waste Classification Guidelines However some demolition materials such as asbestos have other classifications as described below

EIS Environmental Impact Statement for the project which assesses potential environmental impacts and mitigation measures in accordance with the EPampA Act (see below)

ENM Excavated Natural Material as defined in The excavated natural material order 2014

being excavated material that is at least 98 (by weight) natural material that does not meet the definition of VENM (see below)

EPA NSW Environment Protection Authority

EPampA Act Environmental Planning amp Assessment Act 1979

EPL

Environment Protection Licence as may be held by an owner or operator of a premise licensed to receive process recover or store waste The EPL will contain a number of conditions that must be met by the holder These will specify the type(s) of waste the facility is permitted to receive process recover or store and include pollution prevention or monitoring requirements

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 4 of 14

SM-20-00040677 Waste Classification Procedure V30

Definitions

Fill Soil and any associated extraneous materials (such as demolition wastes industrial by-products and refuse) imported to and placed at the location

GSW

General Solid Waste classified in accordance with the NSW EPA (2014) Waste Classification Guidelines GSW may be classified as putrescible or non-putrescible depending on the content of putrescible organic material Spoil and demolition materials are typically non-putrescible

HW

Hazardous Waste classified in accordance with the NSW EPA (2014) Waste Classification Guidelines HW must be treated prior to disposal to landfill HW is typically

spoil that is contaminated with chemicals at concentrations that exceed all screening criteria specified in Step 5 of the Waste Classification Guidelines

Naturally Occurring Soil

Any soil which has not been significantly disturbed by human activities

NEPM National Environmental Protection (Assessment of Site Contamination) Measure 2013

POEO Act Protection of the Environment Operations Act 1997

Recycling Material that is removed from the project site (thereby becoming Waste) and is deposited at an appropriately licenced recycling facility for processing prior to reuse by others

REF Review of Environment Factors which addresses the likely environmental impacts and details protective measures to manage against any adverse effects in accordance with the EPampA Act

Remediation

As defined in the CLM Act remediation of contaminated land includes

(a) preparing a long-term management plan (if any) for the land and

(b) removing dispersing destroying reducing mitigating or containing the contamination of the land and

(c) eliminating or reducing any hazard arising from the contamination of the land (including by preventing the entry of persons or animals on the land)rdquo

Remediation is the act of mitigating exposure to contamination in its original location The process of remediation can generate spoil that may be subject to reuse within the project area (where that reuse is adequately controlled in order to mitigate exposure risks) or the removal of contaminated spoil for treatment andor disposal off site

Reuse offsite

Material to be reused by application to land at a location outside of the project site without the need for processing prior to reuse Material meeting the definition of VENM or ENM or material that is subject to an RRO and RRO are suitable (from an environmental perspective) for reuse at remote sites where all requirements of the POEO Act and CLM Act are met

Reuse onsite

Material that is excavated on the project site and reused on the project site Material to be reused onsite is not defined as Waste and does not require classification in accordance with NSW EPA (2014) Waste Classification Guidelines The material must be suitable for the final land use at the placement location in accordance with EPA guidelines made or approved under the CLM Act and must not cause pollution under the POEO Act If transport to another part of the project area requires material to be taken outside the site boundary temporarily this must be undertaken in accordance with the EIS or following consultation with relevant regulators

RRE Resource Recovery Exemption contains the conditions that must be met by consumers of a waste type to allow its exempt reuse as granted by the EPA under the 2014 Waste Regulation

RRO Resource Recovery Order contains the conditions that must be met by generators and processors of a waste type to allow its exempt reuse as granted by the EPA under the 2014 Waste Regulation

RSW Restricted Solid Waste classified in accordance with the NSW EPA (2014) Waste Classification Guidelines An example of RSW is spoil that is contaminated with chemicals above the criteria specified in Step 5 of the Waste Classification Guidelines

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 5 of 14

SM-20-00040677 Waste Classification Procedure V30

Definitions

Special Waste

As defined in the NSW EPA (2014) Waste Classification Guidelines a class of waste with

unique regulatory requirements Asbestos or any waste containing asbestos (eg spoil containing any fragments of asbestos cement sheeting) is Special Waste If Special Waste is mixed with RSW or HW (eg spoil classified as RSW that also contains asbestos) then the waste must be managed in accordance with both classifications

Spoil Soil or rock material generated from excavation activities

UFP Unexpected Find Protocol

VENM Virgin Excavated Natural Material as defined in Schedule 1 of the POEO Act being excavated natural material not mixed with any other waste and not from a contaminated area

WARR Act Waste Avoidance and Resource Recovery Act 2001

Waste Spoil or demolition material that has been taken off site which may be classified as Special Waste GSW RSW or HW

13 Spoil Management Decision Framework

Figure 1 provides a high-level flowchart for decisions regarding the fate of spoil generated on the site As reflected in Figure 1 the preferred spoil management hierarchy for the project listed from most preferred to least preferred is as follows

1 Spoil is reused within the project boundary

2 Spoil is beneficially reused at an appropriate offsite location

3 Spoil is recycled at an offsite licenced facility

4 Spoil is disposed to landfill

The approach to spoil classification is further detailed in Table 1 Table 1 describes the criteria information inputs and control measures required to be applied when reusing spoil on site reusing spoil offsite recycling spoil offsite or disposing of spoil

The framework does not account for the practical site based engineering or financial constraints associated with the hierarchy These must be addressed during delivery and the most appropriate efficient and sustainable method of spoil management adopted

14 Spoil Handling and Segregation

Careful excavation handling and segregation of spoil is critical to ensuring that materials with varying classifications are not mixed (cross-contaminated) and are not reused recycled or disposed in a manner inconsistent with their classifications

Appropriate segregation is also important in controlling the costs of spoil disposal to landfill noting that the inadvertent mixing of materials with low concentrations of contaminants with materials containing higher concentrations typically results in a higher classification and higher disposal rate (financial) being applied to all of the materials

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 6 of 14

SM-20-00040677 Waste Classification Procedure V30

The following processes are to be applied when excavating handling and segregating all spoil (for clarity a reference to a ldquogeological unitrdquo includes units or different layerstypes of Fill)

Spoil from each geological unit should be classified separately using sampling data that relates only to that unit Classification sampling may be performed in-situ (prior to excavation) or ex-situ (following excavation)

Spoil from each geological unit (as described in Part 4 below) should be excavated segregated and stored separately from spoil arising from other geological units

Excavations should be carefully monitored for visual indications of contamination such as stained soils odorous soils or the presence of anthropogenic waste materials Any spoil containing visual indicators of contamination will be excavated segregated and stored separately from other spoil Where unexpected contamination is identified an appropriate unexpected finds procedure must be implemented to manage potential human health or environmental risk (refer to Part 5)

Each spoil stockpile should be treated as a ldquobatchrdquo with its classification data clearly identifiable and will be handled stored transported and reusedrecycleddisposed as a batch Spoil stockpiles will not be managed in a ldquocontinuousrdquo manner with portions added taken away or mixed over a period of time and

Spoil should be tracked from cradle to grave to ensure a complete and accurate record of movement from the point of excavation to the final point of placement For clarity this includes tracking of spoil movement on the site as well as off the site

Tracking of spoil movement (whether the spoil is waste or not) requires must include written records of spoil excavation handling transport storage and placement via a centralised tracking system Personnel must be suitably trained in the use of the system and sufficient detail must be recorded and retained such that material typesclassifications volumes and location are tracked from the time the material is excavated until it is placed permanently (onsite or offsite) This includes accurate records of any interim handling or placement (such as stockpiling or treatment) Stockpiles onsite are to be clearly labelled at all times Tracking information is to be kept on-site and be available on request

15 Typical Application of the Framework

This section provides some practical guidance in implementing the spoil classification framework (further detailed in the attached Figure 1 and Table 1

An explanation of the likely classification of spoil excavated during works based on typical geological units is provided below

Fill ndash Fill is imported materials which have been placed on the site at some time in the past Fill generally exists at depths ranging up to 3m below ground surface on developed areas and brownfield sites Fill may exist to depths exceeding 20m in reclaimed lands landfill sites former brick pits footings and similar Fill cannot be classified as VENM Fill has an increased likelihood of being contaminated (compared to natural soils) and will predominantly be classifiable for offsite disposal as GSW Special Waste RSW or HW Some materials such as road base or crushed concrete may be recoverable under generic or specific RRERRO arrangements

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 7 of 14

SM-20-00040677 Waste Classification Procedure V30

Naturally Occuring Soils ndash Soil which has not been significantly disturbed by human activities Naturally occurring soils may be residual soil sediments aeolian or other In the majority of cases naturally occurring soils will be classifiable as VENM or ENM for offsite reuse However where overlying contamination in Fill has leached and caused contamination of underlying natural soils where point sources of contamination are present (such as industrial facilities or fuel storage facilities) or where significant groundwater contamination has migrated into the area offsite reuse may not be appropriate and other classifications such as GSW RSW or HW may be applicable Where evidence of potential contamination exists spoil is required to be sampled and classified in accordance with NSW EPA (2014) Waste Classification Guidelines

Rock ndash Rock in-situ will in the majority of scenarios be classifiable as VENM or ENM unless significant contamination is present in overlying soils or significant contamination has migrated to the rock within groundwater Where the excavation of rock involves the use of additives (for example to facilitate tunnel boring) the material would no longer be classifiable as VENM or ENM and would instead likely be classifiable as GSW A project specific RRERRO would then be required to allow for offsite reuse

The type of material (ie geological unit) excavated during works will provide guidance on implementing the spoil classification framework in regard to reuse opportunities

Reuse Onsite ndash Any of the material excavated which is Fill a Natural Occurring Soil or Rock may be suitable for reuse on the project site Wherever reuse onsite is to occur the material does not require classification in accordance with the NSW EPA (2014) Waste Classification Guidelines Instead the material must be validated as being suitable for the final land use at the placement location in accordance with EPA guidelines made or approved under the CLM Act and the material must not cause pollution under the POEO Act For clarity the classifications GSW RSW and HW have no direct relationship to the potential for reuse of materials on the project site

Reuse Offsite ndash With the exception of Fill it is likely that the majority of spoil will be suitable from an environmental perspective for reuse off-site Specifically all VENM ENM and material to which an RRERRO apply will be suitable (from a legislative and environmental perspective) for reuse at an offsite location

16 Unexpected Finds Protocol

This section provides guidance on implementing the Unexpected Finds Protocol (UFP) which is detailed in the attached Figure 2 The purpose of the UFP is to provide a clear procedure in the event of an unexpected find of contamination or potential contamination The UFP is only to be implemented following an unexpected find The handling of known contamination should already be addressed in construction and environmental management plans

Key indicators of potential contamination include (but are not limited to)

Fibrous cement or other asbestos containing materials

Discolouration of soil

Odours from soil andor groundwater

Buried drums or underground storage tanks and

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 8 of 14

SM-20-00040677 Waste Classification Procedure V30

Oily sheen on water

Should any of the above be discovered and is considered to be unexpected then the UFP in Figure 2 will need to be implemented

An explanation of key actions within the UFP is provided below

Notifying the Site Supervisor ndash Site Supervisor or an appropriate delegate are to be made aware of the find immediately

Securing the affected area ndash This includes restricting access to the area and implementing appropriate environmental controls around affected area in minimise risk to the environment and human health Examples of controls include barricading the affected area the diversion of water to minimise potential spread via surface water runoff covering the area re-burying andor wet-down Environmental controls are to be implemented appropriately in regard to the contamination source and site conditions

Emergency Response ndash In the event that the find presents andor creates health or environmental concerns which would require an emergency response call 000 andor implement the projects incident response and reporting process

Notify Principal or Sydney Metro ndash The Principalrsquos Representative and the Environmental Representative must be notified of the unexpected find

Recommence works ndash Works can be recommenced in an alternate area where practicable and where it is safe to do so

Assessment ndash The potential for any ongoing risk to the environment or human health during construction or operation of the site and whether or not the agreed scope appropriately manages the contamination will need to be assessed by a competent and qualified person (ie a contaminated land specialist or in the case of asbestos a hygienist or asbestos assessor)

Material Classification ndash Contaminated materials which are to be removed from the site are to be classified in accordance with the NSW EPA Waste Classification Guidelines and the Spoil Classification Framework detailed in this document See Figure 1 and Table 1

An unexpected find may result in additional works being required for the remediation of contaminated materials which fall outside of the current scope of the project Any such works will need to comply will all relevant legislation and guidelines and will require appropriately qualified persons to prepare the methodology and controls Any such works will require approval from Sydney Metro

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 9 of 14

SM-20-00040677 Waste Classification Procedure V30

Spoil classification process flow

Syd

ne

y M

etr

oN

SW

EP

A W

aste

Gu

ide

line

s C

lassific

ation

ndash P

art

1 (

20

14)

Syd

ne

y M

etr

o

Additional inputs or information requirementsProcess

Is there an opportunity to re-use the spoil

on site

Is there an opportunity to use the spoil at

an offsite locat ion

Can the spoil be recycled

The spoil must be classif ied in accordance with the NSW Environmental Protection Authority (EPA) Waste Classification

Guidelines

1) Is the waste Special Waste ie does the waste contain asbestos Refer to the Protection of the Environment Operations

(POEO) Act and Waste Regulation Part 4 Management of Special Waste

2) Is the waste Liquid Waste

3) Is the waste pre-classified

4) Does the waste have hazardous

characteristics

5) Classify by chemical assessment Waste generators must chemically assess their waste in accordance with Step 5 of the Waste

Classification Guidelines to determine the waste s classification where it has not been classified under Steps 1 to 4 of the Guidelines

Re-use onsite Cost time and engineering requirements to be

considered as well as environmental risks before placement

Re-use offsite To allow offsite use the material mist be classifiable

VENM ENM or be subject to Resource Recovery Exemption and Order

No matter the classification the offsite location must conf irm it can legally

accept the spoil

Recycle offsite The spoil must go to a licenced treatment facility and

must meet the specific requirements of that facilities licence

Liquid waste The waste is not spadable andor becomes free-flowing

at or below 60 degrees Celsius or when it is transported

Pre-classified waste Refer to NSW EPA Waste Classif ication guidelines

for pre-classificat ions of Hazardous Wastes General Solid Waste

Dangerous goods Meets Dangerous Goods Classificat ion for classes 1

2 41 42 43 5 61 and 8

The waste has been classified in accordance with the Waste Guidelines and is ready to be transported offsite Prior to transport

the following must be confirmed and all relevant requirements met

Is the landfill or facility licenced to accept the type of waste

Is the waste subject to waste tracking requirements under the POEO Act or any other regulation

Is the transport contractor licenced to carry the waste as classified

6) Is the waste putrescible

Sampling under Step 5 must meet the requirements of the NSW Waste Classification Guidelines

Sampling can be in-situ (ie prior to excavat ion) or ex-situ (from stockpiles after excavation) but in both

scenarios

Sampling density is to as a minimum meet the sampling densities recommended in the Victorian

EPA soil sampling guidance

httpsrefepavicgovau~mediaPublicationsIWRG702pdf

Analytes must reflect the contaminants of concern likely to be present at the site and as a

minimum consider Asbestos Metals TPH BTEX PAHs and PFAS Other side specific

contaminants may include hexavalent chromium PCBs pesticides etc

If retained onsite the Waste Classif ications Guidelines do not apply BUT the material must be suitable

from a human health and environment perspective to remain This requires assessment against the

NEPM and may include visual inspections or sampling and analysis The input of an appropriately

qualified professional is required prior to the re-use of any fill or potentially contaminated spoil

Once the spoil is removed from the site it becomes Waste All waste must be transported to a facility

that is licenced to accept it VENM ENM andor Resource Recovery ExemptionsOrders impart specific

requirements regarding assessment sampling analysis classificat ion and use of these types of spoil

The requirements regarding sampling and record retention must be adhered to

Once spoil is removed from the site it becomes Waste All Waste must be classified in accordance with

the NSW EPA Waste Classification Guidelines and be transported to a facility licenced to accept it

Note that whether or not the asbestos is present further classif ication is required under Steps 2 to 6 of

the EPA Waste Classification Guidelines

Yes or No

General solid waste restricted waste or hazardous waste

No

Yes

Yes

Yes

Yes or No

Yes

Yes

Yes

No

No

No

No

No

Figure 1 Spoil Classification process flow

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 10 of 14

SM-20-00040677 Waste Classification Procedure V30

Table 1 Spoil Classification process flow

Decision Criteria InputsData ControlsReview

Reuse of the material on or within the approved project area

Most preferred option under WARR Act and Sydney Metro environment and sustainability policy

Suitable placement locations have been identified

The material is suitable for the final land use at the placement location in accordance with EPA guidelines made or approved under the CLM Act and will not cause pollution under the POEO Act

The spoil meets engineering requirements for placement locations

Where spoil or demolition materials require treatment or processing onsite to treat contaminants or to amend engineering properties the need for an EPL must be assessed and resulting conditions met

If transport to another project area is required and such transport requires material to be taken outside the site boundary temporarily this will need to be appropriately address in the projectrsquos environmental approvals (eg EIS or REF)

Appropriate risk-based assessment confirms the material is suitable for proposed final land use from a contamination perspective

Appropriate geotechnical assessment confirms the material is suitable for proposed final land use

EPL if required for onsite processing

Complete material tracking record including documentation of final placement location

Environmental controls to prevent cross-contamination of material prior to placement and pollution during placement

Training of relevant personnel in spoil reuse framework and underlying management plans

Audits of sampling data tracking and placement information and reuse locationssites

Long-term management plan and monitoring andor Environmental Protection Licence under the POEO Act (if required)

Reuse of the material off site

Spoil becomes waste under POEO Act once removed from site

Material meets VENM definition

Suitable off site reuse locations have been identified and sites have the necessary approvals to accept the material

Assessment confirms material is VENM Sampling may be required depending on nature of material and source

Receival site provides confirmation that waste can be accepted

Approval under EPampA Act or EPL

Section 143 certificate

Material tracking record from the Metro site to the receival site

Environmental controls to prevent pollution during transport

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 11 of 14

SM-20-00040677 Waste Classification Procedure V30

Decision Criteria InputsData ControlsReview

Material meets ENM definition

Suitable off site reuse locations have been identified and sites have the necessary approvals to accept the material

Sampling conducted in accordance with ENM RRO prior to transport off site and results meet criteria

Statement of RRO compliance provided to each receival site

Receival site provides confirmation that waste can be accepted

Approval under EPampA Act or EPL

Section 143 certificate

Meets RRE conditions

Material tracking record from the Metro site to the receival site

Environmental controls to prevent pollution during transport

RRO records maintained for six years including details of sampling plan sampling results quantities supplied and receival sites

Material does not meet VENM or ENM definitions but has potential for reuse under a specific RRORRE An example is tunnel spoil containing additives

Suitable off site reuse locations have been identified and sites have the necessary approvals to accept the material

Consult with the EPA prepare and submit application for specific RRORRE Characterisation data will be required for the application

Once specific RRORRE is granted obtain sampling data (and meet any other specific obligations) in accordance with conditions and confirm results meet criteria prior to transport off site

Statement of compliance provided to each receival site

Receival site provides confirmation that waste can be accepted

Approval under EPampA Act or EPL

Section 143 certificate

Meets RRE conditions

As for reuse on site plus

Statement of compliance provided to each receival site

RRO records maintained for six years

Recycling off site

Material (spoil and demolition materials) becomes waste under POEO Act once removed from site

Material meets the EPL andor planning approval requirements for the receival facility and has value for recycling

Suitable receival facilities have been identified and sites have the necessary approvals to accept the material

Assessmentsampling confirms the material meets the receival facility EPL conditions (typically GSW)

Appropriate EPL held by receival facility

Receival facility has confirmed waste can be accepted

As for reuse on site plus

Waste tracking documentation depending on waste type

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 12 of 14

SM-20-00040677 Waste Classification Procedure V30

Decision Criteria InputsData ControlsReview

Disposal off site

Material does not fit one of the above categories andor suitable reuse or recycling locations could not be identified

Least preferred option

Waste is classified as GSW RSW or Special Waste

Suitable receival facilities have been identified and sites have the necessary approvals to accept the material

Pre-classification or sampling results to classify material in accordance with NSW EPA (2014) Waste Classification Guidelines

Appropriate EPL held by receival facilities

Receival facility has confirmed waste can be accepted

As for reuse on site plus

Waste tracking documentation depending on waste type

Waste is classified as HW

Suitable treatment facilities have been identified and sites have the necessary approvals to accept the material

Pre-classification or sampling results to classify material in accordance with NSW EPA (2014) Waste Classification Guidelines

Appropriate EPL held by treatment facilities

Treatment facility has confirmed waste can be accepted

As for reuse on site plus

Waste tracking treatment and disposal documentation

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 13 of 14

SM-20-00040677 Waste Classification Procedure V30

Unexpected find process flow

Flo

w

Process Additional information

Unexpected potential

contamination find1 Immediate ly stop works

2 Notify the Site supervisor 3 Secure the affected area

Is an emergency

response required for any

health or environment

concerns

4b Notify Principal s Rep and

Environmenta l Rep

4a Trigger pro ject incident response and

reporting mechanism andor call 000

5b Inform the

Principal s Rep

Does the

contamination

present and ongoing risk to

environment or human

health dur ing

construction or

operation

Will the

agreed scope result in the

complete removal of the

contamination

Does the

disposal of the unexpected

find result in addi tional costs

to the Principa l

5a Materials to be classified in

accordance with the NSW EPA Waste

Classification Guidel ines (2014) (see

Figure 1 Spoil classification flow)

6a Inform the

Principal s Rep

6b Dispose of the material in

accordance with all relevant legislation

the project Spoil Classification amp

Management Framework and any

relevant directions from Sydney Metro

6c Develop

appropriate

methodology

plans to

manage the

contamination

and implement

Indicators of potentia l

contamination include

Fibre cement or other asbestos

containing materials

Discolouration of the so il

including staining andor

discolouration

Odours from soil or

groundwaterseepage

Bur ied drums and storage tanks

Oily sheen on water

Note this does not include on-

site contamination

Securing of the area should restrict

access to the affected area This

should include as a min imum

environmenta l controls around the

affected area to contain

contaminated material including

diversion of water to minimise

potential spread via surface water

runoff

Where contaminants are likely to

result in odours vapours or

airborne asbestos fibres immediate

action should be taken to prevent

their release (eg cover re-bury or

wet-down

Recommence works in alternate

area where practicable and safe

Assessment to be conducted by

suitably qualified and experienced

person

Methodology controls and p lans

are to be prepared by a sui tab ly

qualified and experienced person

and approved by Sydney Metro

prior to being actioned

Works may continue in the affected

area when it is safe and where

works will not exacerbate

contamination or hinder future

remediation works

Note Remediation of contaminated

materials may include (but not be

limited to) capping of

contaminating treatment andor off-

site disposal All associated

activities with the remediation of

contaminated materials such as

excavation handling stockpiling

and transport are to be addressed

an prepared methodology and

controls

Yes

No

Yes or unsure

No

No or unsure

Yes

Yes

No

Figure 2 Unexpected find process flow

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 14 of 14

SM-20-00040677 Waste Classification Procedure V30

17 Accountabilities

The Director Program Sustainability Environment amp Planning is accountable for this document including approving the document monitoring its effectiveness and performing a formal document review

Direct Reports to the Chief Executive are accountable for ensuring the requirements of this document are implemented within their area of responsibility

Direct Reports to the Chief Executive who are accountable for specific projectsprograms are accountable for ensuring associated contractors comply with the requirements of this document

2 Related documents and references

3 Superseded documents

4 Document history

Related documents and references

Entries should be formatted with IMSiCentral number followed by correct title and hyperlinked eg

SM-17-00000203 Sydney Metro glossary

Superseded Documents

There are no documents superseded as a result of this document

Version Date of approval Notes

02 Pending New IMS document

GC-HSE-PLA-437 Uncontrolled when saved or printed

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Page 43 of 80

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CEMP Bays Road Relocation Works

Appendix 2- Soil and Water Management Sub Plan Responsibility

Objectives amp Targets

Refer to the Site Objectives amp Targets (section 57 of this CEMP) Minimise pollution of surface water through appropriate erosion and sediment control Minimise leaks and spills from construction activities Maintain existing water quality of surrounding surface watercourses Source construction water from non-potable sources where feasible and reasonable

Project Manager

Performance Criteria

100 Compliance with Client amp legal requirements 100 achievement with Site Objectives amp Targets 100 achievement of relevant Sydney Metro CEMF objectives

Project Manager

Mitigation Measures

General Erosion and sediment measures would be implemented in accordance with the principles and

requirements in Managing Urban Stormwater ndash Soils and Construction Volume 1 (Landcom 2004) and Volume 2D (NSW Department of Environment Climate Change and Water 2008)

Project Manager

Training and Competency

As part of the Site Induction workers will be informed of any significant water aspects and Site specific controls to minimise potential impacts

Emergency Management Team members will be provided training to respond to a discharge of contaminated water or hazardous substances into the environment

Project Manager

Notification The Site will not modify or remove any water utility assets without their approval Notification

of approval will be received by Sydney Water with a copy of authorisation Notification to the asset owner will be given as per their conditions of compliance

Project Engineer

ESCP

ESCPrsquos will be developed by construction staff with demonstrated skills and experience in preparing the ESCP in accordance with the Blue Book Guidelines ESCPrsquos plans will include but not be limited to

Title date and revision number Contours and clean and dirty water drainage paths Site layout including the location of access roads ancillary infrastructure Sediment basins and designated pump out locations Limit of disturbance Location and type of control measures Timing and order of control installation in sequence with work activities Specific construction details

Environmental Site Representative

Erosion and sediment control

The following key principals will apply to all areas and stages of construction on the Project

Minimise extent and duration of disturbance Control stormwater flows onto through and from the site

Project Engineer Supervisor

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 44 of 80

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CEMP Bays Road Relocation Works

Appendix 2- Soil and Water Management Sub Plan Responsibility

Erosion control strategies to prevent on-site damage Sediment control strategies to prevent off-site damage Progressive stabilisation following completion of work areas Inspection Maintenance and Improvement of control measures throughout the site construction

until the site is successfully stabilised

Dewatering

Sediment laden water accumulated in trenches or excavations must not be discharged directly or indirectly to any stormwater natural watercourse or offsite

A suitable location to discharge will be identified considering site slope proximity to drainage lines soil permeability and ground cover ie well established existing vegetation

The water must be tested prior to any discharge by the Environmental Site Representative and may require treatment prior to discharge

Project Engineer Environmental Site Representative

Groundwater

Groundwater is unlikely to be intercepted during any excavation within the road footprint Deeper excavations for stormwater trenching may intercept groundwater however a method of pipe installation during low tide will removed the need for dewatering

If groundwater dewatering is required then a dewatering management plan should be developed

PlantVehicle Maintenance

The maintenance and cleaning of any vehicles plant or equipment must not be carried out in areas from which contaminants can be released into stormwater or natural watercourses

All

Acid Sulfate Soils

Prior to excavation for the Stormwater trench which will occur approximately 25m bgs testing would be carried out to determine the presence of actual andor potential acid sulfate soils

Testing for the presence of ASS shall be undertaken at proposed excavation locations and shall apply the following methodology Dig holes to the proposed depth of excavation conduct ASS pH field tests on material from the hole at 05m depth intervals and then conduct a SPOCAS plus or chromium suites on the most acidic ASS pH field test sample from the hole The testing and sampling to be undertaken in accordance with ASSMAC Laboratory method Guideline Aug 1998

If actual andor potential acid sulfate soils are present within the proposed area of excavation then an Acid Sulfate Management Plan will be developed in accordance with the Acid Sulfate Soil Manual (Acid Sulfate Soil Management Advisory Committee 1998)

Project Engineer Environmental Site Representative

Water Discharge requirements

An Environmental Protection Licence (EPL) is not required for the project however Georgiou will test any water to be discharged offsite in accordance with the water quality parameters specified in the Blue Book (Landcom 2004) and ANZECCARMCANZ (2000) guidelines prior to discharge to ensure an incident of pollution to surrounding environment does not occur from the Project

Environmental Site Representative

Monitoring of Discharges

Waters released from site must be sampled prior to release The samples taken must be representative of the water being discharged

Project Engineer HSE Advisor

GC-HSE-PLA-437 Uncontrolled when saved or printed

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Page 45 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 2- Soil and Water Management Sub Plan Responsibility

Environmental Inspections amp Monitoring

The results of monitoring shall be recorded Environmental Site Representative

Daily (Visual) and weekly (documented)

Daily visual observation for evidence of water quality impacts including turbidity or hydrocarbon spills

Weekly inspections using Georgiou Beakon inspection form

Supervisor HSE Advisor

Reporting HSEQ Monthly Management Meeting Monthly Environmental Performance Report Dewatering records including all water quality test results

Project Manager

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 46 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 3- Hydrocarbon and Chemical Management Sub Plan Responsibility

Objectives and Targets

Refer to the Site Objectives amp Targets (section 57 of this CEMP) Minimise leaks and spills from construction activities All chemicals correctly stored and bunded in accordance with legislative requirements Any spills are controlled contained cleaned up and reported

Project Manager

Performance Criteria

100 Compliance with Client amp legal requirements 100 achievement with Site Objectives amp targets 100 achievement of relevant Sydney Metro CEMF objectives

Project Manager

Mitigation Measures

General All fuels chemicals and hazardous liquids would be stored in accordance with Australian

standards and EPA Guidelines Any refuelling carried out on-site would be carried out in designated areas only and spill kits would be available as part of any worksite

Project Manager

Training and Competency

As part of the Site Induction workers will be informed of the Site specific controls required to

manage hydrocarbon and chemical storage and use including

- Use and understanding of safety data sheets (SDS) - Use of personal protective equipment (PPE)

Emergency Management Team members will be provided training to respond to a hazardous substance spill

Project Manager

Register

All dangerous goods or hazardous substances must be approved by HSE Advisor prior to use on the site

ChemAlert will be used to register all site dangerous goods and hazardous substances manage electronic SDS and conduct and record product risk assessments

Consideration will be given to substitute products assessed as a high risk with a product of lesser risk

Project ManagerSupervisor

Transportation Containers holding hazardous substances or dangerous goods will be stored upright and secured

during transport Containers are not to be dropped tip or rolled sides The transportation of dangerous goods will be by licenced carriers

Project Engineer

Handling amp Use

Handling of products will be subject to the following requirements Hazardous substances and dangerous goods will be clearly labelled Current SDS (no older than 5 years) will be readily available when handling Controls stipulated in the SDS to be applied when handling and using Used oily rags oil filters and other left over hydrocarbon and chemical products hall be stored in

a designated area and removed by licensed carriers to either recycle or otherwise dispose of

All

Refuelling Refuelling of plant and vehicles must be monitored continually and conducted in designated areas

away from sensitive receptors

All in field refuelling must have a spill kits available to contain and clean up any spills

All

GC-HSE-PLA-437 Uncontrolled when saved or printed

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Page 47 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 3- Hydrocarbon and Chemical Management Sub Plan Responsibility

Spill kits shall be stored in designated amp labelled containers and include a stock control register

All refuelling areas must be signed to prevent smoking or naked flame

Vehicles must be switched off when refuelling and the use of mobile phones prohibited

Fixed refuelling areas must have a plastic lined refuelling area

Fuel storage containers must be of a double bund construction

Site layout

Georgiou will develop a site plan (ie a diagram) showing the location of storage areas spill kit locations muster points firefighting equipment and 1st aid equipment including eye washflush locations

This site plan must be current and displayed at the work site at all times throughout construction

In the event of an emergency that involves the need for emergency services this site plan along with a product manifest must be provided to the emergency services

Project Manager

Storage of Hazardous Materials

Any Dangerous Goods andor Hazardous Substance must be stored in designated areas compliant

with statutory and industry codes of practice

Quantities of hazardous materials should be kept to a minimum commensurate with their usage

and shelf life

Safety Data Sheets of stored hazardous materials will be readily accessible at the place of

storagesite office

Permanent and temporary containers that hold hazardous materials must be labelled with the

appropriate signage

The volume and types of hazardous materials stored must be known current and documented and

must not exceed the design capacity of the storage area

Storage and containment areas (including secondary containment) must be inspected for signs of

loss or damage and any deficiencies must be addressed These areas must be inspected at least

monthly as part of the workplace inspection

Hazardous materials no longer in use must be identified and assessed to determine if they should

be removed from site

Hazardous materials storage areas must be kept clear of combustible material vegetation and refuse by a minimum of three metres

All

SpillEmergency Response

In the event of a spill the following generic procedure must be followed

1 Do not put yourself at risk 2 Notify personnel in the immediate area and remove yourself and others from danger 3 Report ALL SPILLS immediately to the Supervisor and Environmental Site Representative

(report location type and extent of incident)

All

GC-HSE-PLA-437 Uncontrolled when saved or printed

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CEMP Bays Road Relocation Works

Appendix 3- Hydrocarbon and Chemical Management Sub Plan Responsibility

Once safety has been considered spills should be contained and cleaned up with material from the spill kit All contaminated soil caused by leaks or spills to be disposed of in accordance with legal requirements Any uncontrolled release of hazardous substances which cause actual or threatens potential serious or material environmental harm will be reported to the EPA pollution hotline

Workplace Inspections

Hazardous Materials storage and use will be inspected monthly as part of workplace inspections amp within the DHI Environmental Inspections checklist

Supervisors

Concrete

Designated concrete washout should be constructed and designated to be impermeable and securely fastened

Placed away from waterways drainage lines and stormwater inlets Sufficient storage to handle concrete works occurring onsite When the concrete is dried it will be disposed of with general waste mixed into fill layers (if

approved by client) or recycled At no point will any Concrete truck or kibble be permitted to wash out at any point other than the

designated area with all the associated controls in place (unless approved by the environmental site representative)

Excess concrete should be scraped off equipment prior to washing (allow excess to set and recycle offsite or reuse in fill if itrsquos not contaminated with black plastic)

Set concrete should be removed from the washout to restore storage capacity and prevent overflows

Use of a high pressure low volume water spray nozzle may reduce water use All wastewater must be disposed of in accordance with the project CEMP dewatering conditions

Maintenance of the washout Monitoring and maintenance of concrete washouts is essential to ensure the washout is functional no evidence of damage or wear and tear is evident and that adequate storage capacity remains In addition to daily inspections washout areas should be inspected

During dry weather and

Prior to during and after rainfall and storm events

SupervisorEnvironmental Site Representative

Environmental Inspections amp Monitoring

Daily (Visual) and weekly (documented)

General observation for evidence of spills or poor storage practice with potential to lead environmental incident

Hazardous goods storage area inspection for adequacy of bunding and product loss Weekly inspections using Georgiou Beakon inspection form

All staff

GC-HSE-PLA-437 Uncontrolled when saved or printed

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Page 49 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 3- Hydrocarbon and Chemical Management Sub Plan Responsibility

Reporting HSEQ Monthly Management Meeting Monthly Environmental Performance Report

Project Manager

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 50 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 4 - Flora amp Fauna Management Sub Plan Responsibility

Objectives

and Targets

Refer to the Site Objectives amp Targets (section 57 of this CEMP) Minimise impacts on flora and fauna Retain and enhance existing flora and fauna habitat wherever possible Appropriately manage the spread of weeds and plant pathogens

Project Manager

Performance

Criteria

100 compliance with Client amp legal requirements

100 achievement with Site Objectives amp Targets

100 achievement of relevant Sydney Metro CEMF objectives

Project Manager

Mitigation

Measures

General Vehicles equipment plant materials and personnel are to remain within the designated construction

area at all times and not breach established environmentally sensitive exclusion zones All

Training and

Competency

As part of the Site Induction workers will be informed of the Site specific controls required to minimise potential impacts and protect flora and fauna including - the requirement to work within the designated disturbance zones - requirement to recognise protected flora or fauna species identified to be found on the site - tree protection zones - Specific licence conditions applicable to the Site

Project Manager

Fauna habitat

Prior to clearing pre-clearance surveys are to occur to identify individual trees to be retained and any hollow bearing trees and logs

Where possible clearance should avoid hollow bearing trees Where unavoidable hollow bearing trees should be flagged and left standing at least 24 hours

after clearing all other vegetation Excavator operator to lsquotaprsquo tree prior to felling hollow bearing trees to allow for fauna to escape Ecologist (or similar) to be present onside during clearing of hollow bearing trees to handle any

displaced fauna In the event of injury to fauna WIRES or similar to be contacted and suitable arrangements made

NOTE Handling of any active animal breeding place is only permitted to be conducted by an authorised fauna handler operating under a current permit granted in accordance with legislative requirements

All

Authorisation amp Compliance

Georgiou will not clear vegetation without written permission from the Client local Shire or relevant Regulatory Authority All clearing works under a permit approval or licence will be compliant with the conditions of permit approvals or licence and within the predetermined area

In the event of any unauthorised clearing works will cease immediately and the Project Manager client will be notified Unauthorised clearing of areas will be investigated immediately

Project Engineer

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Appendix 4 - Flora amp Fauna Management Sub Plan Responsibility

Marking

The Project Engineer will ensure the area to be cleared is clearly marked (eg pegging) and areas of vegetation or trees nominated to be excluded from the clearing works are to be visually identifiable to all personnel involved in the works

The method of marking is to be communicated to all persons involved in the clearing process All control measures are to be communicated to personnel involved in the tasks

All

Flora

Flora that is to be protected will be clearly marked using a method that will not harm or damage A Tree protection Zone (TPZ) is to be established for any trees on a construction site that are to

be protected This is to be fenced off or barricaded to ensure construction activities do not cause damage to the root plate of the tree

Native vegetation should be protected where reasonably possible Large areas that are to be protected from Site works will be demarcated to prevent intrusion and disturbance This requirement is to be communicated to personnel involved within the site area

When the pruning of trees is to be undertaken that are to be protected it will be done by suitably qualified personnel only Where branches are trimmed an assessment of the trees ability to survive should be conducted by a suitably qualified person and adequate area around the tree in accordance with AS49702009 Protection of trees of development sites

Trees should be felled into the construction site or in slots between stands of trees where practical to minimise damage to other trees during the clearing process Machinery contact with standing trees on vegetated margins is to be avoided

The clearing of vegetation outside the construction area will not be permitted except in the event of an emergency or as directed by emergency services

All

Fauna

If fauna are confirmed to be present onsite during clearing clearing works should proceed with care to enable the fauna to relocate freely Clearing is to be conducted in a sequential manner and in a way that encourages escaping wildlife away from the activity into adjacent natural areas and not across roads or into other areas of threat (eg trench)

All

Trenches

All open excavations and trenches will be visually inspected on a daily basis for trapped fauna Surveillance must occur along the entire length of the trench or excavated area and not merely those areas described as fauna habitats or sensitive areas Open trenches are to be checked for fauna immediately prior to backfill and any trapped animals removed by authorised fauna handlers

All

Fauna Handling

Fauna will not be intentionally harmed or maimed under State wildlife protection legislation This includes aquatic and terrestrial fauna (land and air animals)

Workers are not authorised handleto be in possession of native fauna The trapping and handling of fauna in particular dangerous species will only be undertaken by a competent qualified fauna handler

All

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Appendix 4 - Flora amp Fauna Management Sub Plan Responsibility

Fire Management

Georgiou will not set fire to bush or use spark generating machinery (eg graders) during a prohibited or restricted burning time

If safe to do so Georgiou will extinguish any bush fire within the site boundary and request help from authorities if necessary Fire breaks will be established as requested by authorities

Project Manager

Environmental

Inspections amp

Monitoring

Daily (Visual) and weekly

(documented)

General observation for clearing boundary demarcation Weekly inspections using Georgiou Beakon inspection form

All staff

Reporting HSEQ Monthly Management Meeting Monthly Environmental Performance Report

Project Manager

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Appendix 5 - Cultural Heritage Management Sub Plan Responsibility

Objectives amp Targets

Refer to the Site Objectives amp Targets (section 57 of this CEMP) Minimise impacts on items or places of heritage value Avoid accidental impacts on heritage items Maximise workerrsquos awareness of indigenous and non-indigenous heritage

Project Manager

Performance Criteria

100 Compliance with Client amp legal requirements 100 achievement with Site Objectives amp targets 100 achievement of relevant Sydney Metro CEMF objectives

Project Manager

Mitigation Measures

General Maintain the integrity of the cultural (European amp Indigenous) aspects of the Site

Project Manager

Training and Competency

As part of the Site Induction workers will be informed of any identified cultural or heritage aspects on the Site and any specific controls to be adhered including - Management practices when working near protected areas - Respecting Heritage Sites - Reporting requirements

Georgiou personnel will participate in the Companyrsquos cross cultural awareness training for employees

Project Manager

Heritage Sites There are s170 heritage listed Glebe Island silos (Port Authority of NSW s170 4560056) that are approximately 5m from the edge of works

Project Engineer

Method statement

In accordance with the REF an Archaeological Work Method Statement would be prepared and implemented where excavation is required The Archaeological Work Method Statement would outline the requirements of archaeological monitoring and recording where archaeological remains of potential local significance may be impacted

Sydney Metro

Unexpected heritage finds

In the event that an artefact or remains are found the Sydney Metro Unexpected Heritage Finds procedure (Appendix 5A) will be followed this includes - The works in that area will cease immediately - The Project Manager and Sydney Metro must be notified - The site must be made secure a buffer zone of ten meters is recommended - Sydney Metro to provide management recommendations

Georgiou will notify all site personnel of the object andor area and proposed treatment of that object andor area as soon as possible but prior to commencing work on the next working day

Works will not continue until written approval has been received from the client

All

discovery of human remains

In the event that human remains are found the Sydney Metro Exhumation Management procedure will be followed (Appendix 5B)

All

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Environmental Inspections amp Monitoring

Building condition inspections Building condition inspections will be undertaken in accordance with REF condition NV3 Sydney Metro

Vibration Monitoring

Continuous vibration monitoring will occur during any vibratory works in close proximity to the Glebe Island silos in accordance with the Sydney Metro Construction Noise and Vibration Standard

Environmental Site Representative

Daily (Visual) and weekly (documented)

General observation for that protection measures and methods are being applied Weekly inspections using Georgiou Beakon inspection form

All staff

Reporting HSEQ Monthly Management Meeting Monthly Environmental Performance Report

Project Manager

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Appendix 5A ndash Sydney Metro Unexpected Heritage Finds Procedure

Sydney Metro Unexpected

Heritage Finds Procedure [SM-18-00105232]

Sydney Metro Integrated Management System (IMS)

Applicable to Sydney Metro

Document Owner Senior Heritage Advisor

System Owner Environment Sustainability and Planning

Status Final

Version 33

Date of issue June 2020

Review date June 2021

copy Sydney Metro 2018

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Document history

Version Date of approval Notes

11 Incorporates ER comments 210617

12 Amends p13 step 8 reference to s146 added

13 Incorporates Planning Mods 1-4 including amended CoA E20

14 Incorporates ER comments 210318

20 Removes SSI 15-7400 COA reference

30 Revises definition

31 Revises flow chart

32 Revises roles and responsibilities

33 General edits and corrections

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Table of contents

1 Purpose 3

11 Legislation that does not apply 3

2 Scope 4

3 Definitions 4

4 Types of unexpected heritage items and corresponding statutory protections 5

41 Aboriginal objects 5

42 Historic heritage items 6

43 Human skeletal remains 7

5 Legislative Requirements 7

6 Unexpected heritage finds protocol 9

7 Responsibilities 15

8 Seeking Advice 16

9 Related documents and references 16

10 List of appendices 16

11 Document history 17

Appendix 1 Examples of finds encountered during construction works 18

Appendix 2 - Unexpected heritage item recording form 24

Appendix 3 - Photographing unexpected heritage items 26

Appendix 4 - Uncovering bones 29

Appendix 5 - Archaeologicalheritage advice checklist 33

Appendix 6 - Template notification letter 34

Tables

Table 1 Legislation and guidelines for management of unexpected heritage finds 8 Table 2 Specific tasks to be implemented following the discovery of an unexpected heritage item 10 Table 3 Roles and Responsibilities 15

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1 Purpose

This procedure is applicable to the Sydney Metro program of works including major projects delivered under Critical State Significant Infrastructure (CSSI) Planning Approvals early CSSI minor and enabling works and works that are subject to the NSW Heritage Act (1977) including s57139 and s60140 exemptions and permit approvals and the National Parks and Wildlife (NPW) Act 1974

This procedure has been prepared for Sydney Metro programs to provide a method for managing unexpected heritage items (both Aboriginal and non-Aboriginal) that are discovered during preconstruction (pre-Construction Heritage Management Plan approval) construction phases (post Construction Heritage Management Plan approval) and for works subject to the NSW Heritage Act (1977)

In NSW there are strict laws to protect and manage heritage objects and relics As a result appropriate heritage management measures need to be implemented to minimise impacts on heritage values ensure compliance with relevant heritage notification and other obligations and to minimise the risk of penalties to individuals Sydney Metro and its contractors This procedure includes Sydney Metrorsquos heritage notification obligations under the Heritage Act NPW Act and the Coronerrsquos Act 2009 and the requirements of the conditions of approval(CoA) issued by NSW Department of Planning Industry and Environment Note that a Contractor must not amend the Sydney Metro Unexpected Finds Procedure or use a different procedure without the prior approval of Sydney Metro

This procedure must be read in conjunction with the relevant CCSI conditions of approval (if applicable) the contract documents and other plans and procedures including the Sydney Metro Exhumation Procedure in addition to any other relevant documents as developed by the contractor during the delivery of the Sydney Metro works

2 Definitions and Abbreviations

An unexpected heritage find is

any unanticipated discovery of an actual or potential heritage item which Sydney Metro does not have approval to disturb andor does not have an existing management process in place

a find that has not been previously identified or assessed

a find that is not referenced in an Archaeological Research Design (ARD) Archaeological Method Statement (AMS) or other project document relating to heritage and archaeology

not covered by an existing approval under the Heritage Act 1977 (Heritage Act) or National Parks and Wildlife Act 1974 (NPW Act)

Note that locally significant areas of historical archaeological potential identified in an Archaeological Method Statement but not identified in an Archaeological Research Design would be managed as an ldquoexpectedrdquo find

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All terminology in this procedure is taken to mean the generally accepted or dictionary definition with the exception of the following terms which have a specifically defined meaning

Definitions

AHIP Aboriginal Heritage Impact Permit

Aboriginal object An Aboriginal object is any deposit object or material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of the area being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction and includes Aboriginal remains An Aboriginal object may include a shell midden stone tools bones rock art Aboriginal-built fences and stockyards scarred trees and the remains of fringe camps

ARD Archaeological Research Design

AMS Archaeological Method Statement

CEMP Construction Environmental Management Plan

CoA Conditions of Approval

CSSD Critical State Significant Development

CSSI Critical State Significant Infrastructure

EPampA Act NSW Environmental Planning and Assessment Act 1979

Disturbance Disturbance is considered to be any physical interference to an item that results in it

being destroyed defaced damaged harmed impacted or altered in any way (this

includes archaeological investigation activities)

Excavation Director

A person that has been determined by the NSW Heritage Division to meet the Heritage Council of NSWrsquos Criteria for Assessment of Excavation Directors (4 September 2019 and as updated) and can therefore competently archaeologically investigate a site of either local andor state significance

Heritage Act NSW Heritage Act 1977

NPW Act NSW National Parks and Wildlife Act 1974

Heritage NSW Formerly Office of Environment and Heritage (OEH) Now Heritage NSW as part of PNSW Premier and Cabinet

SM Sydney Metro

Relic (non- Aboriginal heritage)

A relic means any deposit artefact object or material evidence that

a) relates to the settlement of the area that comprises NSW not being Aboriginal settlement and

b) is of State or local significance

A relic may include items such as bottles utensils remnants of clothing crockery

personal effects tools machinery and domestic or industrial refuse

TfNSW Transport for New South Wales

Work (non- Aboriginal heritage)

Archaeological features such as historic utilities or buried infrastructure that provide evidence of prior occupations such as former rail or tram tracks timber sleepers kerbing historic road pavement fences culverts historic pavement buried retaining walls cisterns conduits sheds or building foundations but are also subject to assessment by the Excavation Director to determine its classification

Unclassified

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21 Legislation that does not apply

The following authorisations are not required for Sydney Metro approved Critical State Significant Infrastructure (and accordingly the provisions of any Act that prohibits an activity without such an authority do not apply)

Division 8 of Part 6 of the Heritage Act 1977 does not apply to prevent or interfere with the carrying out of approved State significant infrastructure

An approval under Part 4 or an excavation permit under section 139 of the Heritage Act 1977 and

An Aboriginal heritage impact permit under section 90 of the National Parks and Wildlife Act 1974

This document provides relevant background information in Section 4 followed by the technical procedure in Sections 6 and 7 Associated guidance referred to in the procedure can be found in Appendices 1-6

3 Scope

Even with early investigations unexpected finds may still occur during works on a Sydney Metro site When this happens this procedure must be followed This procedure provides direction on when to stop work where to seek technical advice how to notify the regulator if required and when works can recommence This procedure applies to the discovery of any unexpected heritage item relic or object where the find is not anticipated in an approved ARD or AMS or other project specific document related to archaeology

This procedure must be followed by all Sydney Metro staff contractors subcontractors or any person undertaking works for Sydney Metro It includes references to some of the relevant legislative and regulatory requirements but is not intended to replace them This procedure does not apply to

the discovery and disturbance of heritage items as a result of investigations being undertaken in accordance with the Code of Practice for Archaeological Investigations of Aboriginal Objects in NSW4376 20101 an Aboriginal Heritage Impact Permit (AHIP) issued under the NPW Act or a permit approval issued under the Heritage Act

the discovery and disturbance of heritage items as a result of construction related activities where the disturbance is permissible in accordance with an AHIP or an approval issued under the Heritage Act or CSSI CSSD planning approval or

locally significant non-Aboriginal archaeology identified in an AMS and not in an ARD

1 An act carried out in accordance with the Code of Practice for Archaeological Investigation of Aboriginal Objects

in NSW as published by the Department in the Gazette on 24 September 2010 is excluded from the definition of harm an object or place in section 5 (1) of the NPW Act

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Unclassified

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4 Types of unexpected heritage finds and corresponding statutory protections

Project field and environmental personnel (including construction contractors) are critical to the early identification and protection of unexpected finds

Appendix 1 illustrates the wide range of heritage items uncovered to date during Sydney Metro projects and gives an indicative guide to what unexpected finds may look like

These discoveries are categorised as either

(a) Aboriginal objects

(b) Historic (non-Aboriginal) heritage items or

(c) Human skeletal remains

The relevant legislation that applies to each of these categories is described below

41 Aboriginal objects

The NPW Act protects Aboriginal objects which are defined as

ldquoany deposit object or material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of the area that comprises New South Wales being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction and includes Aboriginal remainsrdquo2

Examples of Aboriginal objects include stone tool artefacts shell middens axe grinding grooves pigment or engraved rock art burials and scarred trees

42 Historic heritage items

Historic (non-Aboriginal) heritage items may include

Archaeological lsquorelicsrsquo or

Other historic items (ie works structures buildings or movable objects)

2 Section 5(1) NPW Act 3 This is required under section 89(A) of the NPW Act and applies to all Sydney Metro projects

IMPORTANT

All Aboriginal objects regardless of significance are protected under law

If any impact is expected to an Aboriginal object an AHIP is usually required from Heritage NSW When a person becomes aware of an Aboriginal object they must notify the Director-

General of Heritage NSW about its location3 Assistance on how to do this is provided in Section 7 (Step 5)

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421 Archaeological relics

The Heritage Act protects relics which are defined as ldquoany deposit artefact object or material evidence that relates to the settlement of the area that comprises NSW not being Aboriginal settlement and is of State or local heritage significancerdquo4

Relics are archaeological items of local or state significance which may relate to past domestic industrial or agricultural activities in NSW and can include bottles remnants of clothing pottery building materials and general refuse

422 Other historic items

Some historic heritage items are not considered to be lsquorelicsrsquo but are instead referred to as works buildings structures or movable objects Examples of these items that may be encountered include culverts historic pavements retaining walls tramlines rail tracks turn tables timber sleepers cisterns fences sheds buildings and conduits Although an approval under the Heritage Act may not be required to disturb these items their discovery must be managed in accordance with this procedure

Usually archaeological relics are uncovered via a process of excavation or soil removal When an unexpected find is uncovered an archaeological excavation permit under section 140 or section 60 of the Heritage Act may be required to further investigate or remove it if investigation is not covered by an existing approval In contrast lsquoother historic itemsrsquo either exist above the ground surface (for example a shed) or they are designed to operate and exist beneath the ground surface (for example a culvert)They may also need a permit to alter disturb or remove them if there is not an approval already in place

4 Section 4(1) Heritage Act

5 This is required under section 146 of the Heritage Act and applies to all Sydney Metro projects

IMPORTANT

All relics are subject to statutory controls and protections

If a relic is likely to be disturbed a heritage approval is usually required from the NSW Heritage Council When a person discovers a relic they must notify the NSW Heritage

Council of its location5

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43 Human skeletal remains

The Sydney Metro Exhumation Procedure provides a more detailed explanation of the approval processes related to human remains

Human skeletal remains can be identified as either an Aboriginal object or non-Aboriginal relic depending on the ancestry of the individual (Aboriginal or non-Aboriginal) and the burial context (archaeological or non-archaeological) Remains are considered to be archaeological when the time elapsed since death is suspected of being 100 years or more Depending on ancestry and context different legislation applies

As a simple example a pre-European settlement archaeological Aboriginal burial would be protected under the NPW Act while a historic (non-Aboriginal) archaeological burial within a cemetery would be protected under the Heritage Act For a non-Aboriginal archaeological burial the relevant heritage approval and notification requirement described in Appendix 4 would apply In addition to the NPW Act finding Aboriginal human remains also triggers notification requirements to the Commonwealth Minister for the Environment under section 20(1) of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Commonwealth)

Where it is suspected that less than 100 years has elapsed since death the human skeletal remains come under the jurisdiction of the State Coroner and the NSW Coroners Act 2009 Such cases are lsquoreportable deathsrsquo and under legal notification obligations set out in section 35(2) a person must report the death to a police officer a coroner or an assistant coroner as soon as possible This applies to all human remains less than 100 years old regardless of ancestry (whether Aboriginal or non-Aboriginal remains) Public health controls may also apply6

Guidance on what to do when suspected human remains are found is provided in Appendix 5

IMPORTANT

All human skeletal remains are subject to statutory controls and protections

All bones must be treated as potential human skeletal remains and work around them must stop while they are appropriately protected and investigated the relevant authorities advised and approvals received This includes skeletal material found during any phase of work including

geotechnical works early works construction works and any other site works

6 Under section 19 of the Coroners Act 2009 the coroner has no jurisdiction to conduct an inquest into reportable

death unless it appears to the coroner that (or that there is reasonable cause to suspect that) the death or suspected death occurred within the last 100 years

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5 Legislative Requirements Table 1 identifies some of the relevant legislationregulations for the protection of heritage and the management of unexpected heritage finds in NSW It should be noted that significant penalties exist for breaches of the legislation which result in unauthorised impacts to heritage items

To avoid breaches of legislation it is important that Sydney Metro and its contractors are aware of their statutory obligations under relevant legislation and that appropriate control measures are in place to ensure that unexpected finds are appropriately managed during all project phases Contractors will need to ensure that they undertake their own due diligence to identify any other legislative requirements that may apply for a given project

Table 1 Legislation and guidelines for management of unexpected heritage finds

Relevant Requirement Objectives and offences

Environmental Planning and Assessment Act 1979 (EPampA Act)

Part 5 Division 52 Subdivision 2 Section 519

Requires heritage to be considered within the environmental impact assessment of projects

Heritage Act 1977 (Heritage Act)

The Heritage Act provides for the care protection and management of heritage items in NSW Under section 139 it is an offence to disturb or excavate any land knowing or having reasonable cause to suspect that the disturbance or excavation will or is likely to result in a relic being discovered exposed moved damaged or destroyed unless the disturbance or excavation is carried out in accordance with an excavation permit issued by the Heritage NSW under the Act a relic is defined as lsquoany deposit artefact object or material evidence that (a) relates to the settlement of the area that comprises New South Wales not being Aboriginal settlement and (b) is of State or local heritage significancersquo

A person must notify the Heritage NSW if a person is aware or believes that they have discovered or located a relic (section 146) Penalties for offences under the Heritage Act can include six months imprisonment andor a fine of up to $11million

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Relevant Requirement Objectives and offences

National Parks and Wildlife Act 1974 (NPW Act)

The NPW Act provides the basis for the care protection and management of Aboriginal objects and places in NSW

An Aboriginal object is defined as lsquoany deposit object or material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of the area that comprises New South Wales being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction and includes Aboriginal remainsrsquo

An lsquoAboriginal placersquo is an area declared by the Minister administering the Act to be of special significance with respect to Aboriginal culture An Aboriginal place does not have to contain physical evidence of occupation (such as Aboriginal objects)

Under section 87 of the Act it is an offence to harm or desecrate an Aboriginal object or place There are strict liability offences An offence cannot be upheld where the harm or desecration was authorised by an AHIP and the permitrsquos conditions were not contravened Defences and exemptions to the offence of harming an Aboriginal object or Aboriginal place are provided in section 87 87A and 87B of the Act A person must notify Heritage NSW if a person is aware of the location of an Aboriginal object

Penalties for some of the offences can include two years imprisonment andor up to $550000 (for individuals) and a maximum penalty of $11 million (for corporations)

6 Unexpected heritage finds protocol

61 What is an unexpected heritage find

An lsquounexpected heritage findrsquo can be defined as any unanticipated archaeological discovery that has not been identified during a previous assessment or is not covered by an existing permit under the Heritage Act The find may have potential cultural heritage value which may require a heritage permit or notification if any interference of the heritage item is proposed or anticipated

The range of potential unexpected finds can include but is not limited to

remains of rail infrastructure including buildings footings stations signal boxes rail lines bridges and culverts

remains of other infrastructure including sandstone or brick buildings wells cisterns drainage services conduits old kerbing and pavement former road surfaces timber and stone culverts bridge footings and retaining walls

artefact scatters including clustering of broken and complete bottles glass ceramics animal bones and clay pipes and

archaeological human skeletal remains

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62 Managing unexpected finds

In the event that an unexpected find is encountered on a Sydney Metro site the steps detailed in Table 2 must be followed There are seven steps in the procedure

Table 2 Specific tasks to be implemented following the discovery of an unexpected heritage item

Step Task Responsibility Guidance and tools

1 Stop work and protect the item

11 Stop all work including geotechnical investigations in the immediate area of the item and notify the Project Manager

Contractor Supervisor

Appendix 1

Identifying Unexpected Heritage items

12 Establish a lsquono-go zonersquo around the item Use high visibility fencing where practical No work is to be undertaken within this zone until further investigations are completed and if required appropriate approvals are obtained

Inform all site personnel about the no-go zone

Project Manager Contractor Supervisor

2 Engage an Archaeologist

21 If you have Excavation Director or an archaeologist andor Aboriginal heritage consultant has been previously appointed for the project contact them to discuss the location and nature of the item and arrange a site inspection The project Construction Environmental Management Plan (CEMP) may contain contact details of the archaeologistAboriginal heritage consultant

Provide as much information as possible including photos and completed recording form

Inform the Sydney Metro Environmental Manager and keep them involved in the process The Environmental Manager will inform the Sydney Metro Senior Heritage Advisor

Contractors Project Manager

Appendix 2

Unexpected Heritage Item Recording Form

22 Where there is no project archaeologist engaged for the works engage a suitably qualified consultant to assess the find

If the find is a non-Aboriginal item engage a suitably qualified and experienced historical archaeological consultant

If the find is likely to be an Aboriginal object engage an Aboriginal heritage consultant

Contractorrsquos Project Manager

IMPORTANT

Sydney Metro may have approval to impact certain heritage items during construction If you think that you may have discovered a heritage item and you are unsure whether an

approval is in place or not STOP works and follow this procedure

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Step Task Responsibility Guidance and tools

23 ArchaeologistExcavation Director and Sydney Metro Environmental Manager to advise the Project Manager whether Sydney Metro has approval to impact the lsquoitemrsquo

If yes work may recommence in accordance with that approval or permit There is no further requirement to follow this procedure

If no continue to next step

Contractorrsquos Project Manager

3 Arrange site access

31 Arrange site access for the archaeologistAboriginal heritage consultant to inspect the item as soon as practicable In most cases a site inspection is required to conduct a preliminary assessment

Contractorrsquo s Project Manager Excavation Director

32 Subject to the archaeologistAboriginal heritage consultantrsquos assessment work may recommence at a set distance from the item This is to protect any other archaeological material that may exist in the vicinity which may have not yet been uncovered Existing protective fencing established in Step 12 may need to be adjusted to reflect the extent of the newly assessed protective area No works are to take place within this area once established

Archaeologist Aboriginal heritage consultant Contractorrsquos Project Manager Excavation Director

33 Occasionally the archaeologistAboriginal heritage consultant may determine from the photographs provided at Step 21 that no site inspection is required because no heritage constraint exists for the project (for example the item is not a lsquorelicrsquo a lsquoheritage itemrsquo or an lsquoAboriginal objectrsquo) Any such advice should be provided in writing (for example via email or letter with the consultantrsquos name and company details clearly identifiable) to the Sydney Metro Project Manager Environment Manager and Senior Heritage Advisor

Archaeologist Aboriginal heritage consultant Excavation Director

Proceed to Step 8

4 Undertake Preliminary assessment and recording of the find

41 Has the lsquofindrsquo been damaged or harmed

If yes record the incident in the Incident

Management System Implement any additional reporting requirements related to the planning approval and CEMP where relevant

Contractors Project Manager Archaeologist and or Excavation Director

42 Can the works avoid further disturbance to the item Project Manager to confirm with Sydney Metro Environment Manager

Complete the remaining tasks

Contractorrsquos Project Manager

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Step Task Responsibility Guidance and tools

43 Inspect document and photograph the item Archaeologist and or Excavation Director

Appendix 2

Unexpected Heritage Item Recording Form

Appendix 3

Photographing Unexpected Heritage items

44 Is the item likely to be bone

If yes follow the steps in Appendix 4 ndash lsquoUncovering bonesrsquo Where it is obvious that the bones are human remains you must notify the local police by telephone immediately They may take command of all or part of the site Also refer to the Sydney Metro Exhumation Procedure

If no proceed to next step

Archaeologist and or Excavation Director

Appendix 4

Uncovering Bones

45 The archaeologistAboriginal heritage consultant may provide advice after the site inspection and preliminary assessment that no heritage constraint exists for the project (for example the item is not a lsquorelicrsquo or a lsquoheritage itemrsquo or an lsquoAboriginal itemrsquo) Any such advice should be provided in writing (for example via email or letter with the consultantrsquos name and company details clearly identifiable) to the Metro Project Manager

Archaeologist Aboriginal heritage consultant Contractorrsquos Project Manager Excavation Director

Proceed to Step 7

Refer to Appendix 1

Examples of finds encountered during construction worksrsquo

46 Where required seek additional specialist technical advice (such as a forensic or physical anthropologist to identify skeletal remains) The archaeologistAboriginal heritage consultant can provide contacts for such specialist consultants

Excavation Director Archaeologist

47 Where the item has been identified as a lsquorelicrsquo or lsquoheritage itemrsquo or an lsquoAboriginal objectrsquo the archaeologist should formally record it

Archaeologist Aboriginal heritage consultant

48 NSW Heritage for non-Aboriginal relics and NSW Department of Planning Industry and Environment for Aboriginal objects can be notified informally by telephone at this stage by the Sydney Metro Senior Heritage Advisor Any verbal conversations with regulators must be noted on the project file for future reference

Contractors Project Manager Excavation Director

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Step Task Responsibility Guidance and tools

5 Notify the regulator if required

51 Based on the findings of the archaeological or heritage management plan and corresponding legislative requirements is notification of Heritage NSW and the Secretary required

If no proceed directly to Step 6

If yes proceed to next step

Sydney Metro Environmental Manager Contractorrsquos Excavation Director

52 If notification is required complete the template notification letter including the archaeological heritage management plan and other relevant supporting information and forward to the Sydney Metro Environmental Manager The Environmental Manager will seek the approval of the Sydney Metro Senior Heritage Advisor and the signature of the Principal Manager Sustainability Environment and Planning (Program)

Sydney Metro Environmental Manager Excavation Director

Appendix 6

Template Notification Letter

53 Forward the signed notification letter to Heritage NSW and the Secretary

Informal notification (via a phone call or email) to Heritage NSW prior to sending the letter is appropriate The archaeological or heritage management plan and the completed Unexpected Heritage Item Recording Form (Appendix 2) must be submitted with the notification letter (for both Aboriginal objects and non-Aboriginal relics)

The Department of Planning Industry and Environment may also need to be notified

54 A copy of the final signed notification letter archaeological or heritage management plan and the site recording form is to be kept on file and a copy sent to the Sydney Metro Project Manager

Contractorrsquos Project Manager Excavation Director

6 Implement archaeological or heritage management plan

61 Modify the archaeological or heritage management plan to take into account any additional advice resulting from notification and discussions with regulator

Contractorrsquos Project Manager Excavation Director

62 Implement the archaeological or heritage management plan Where impact is expected this may include a formal assessment of significance and heritage impact assessment preparation of excavation or recording methodologies consultation with Registered Aboriginal Parties obtaining heritage approvals etc if required

Contractorrsquos Project Manager Excavation Director

63 Where heritage approval is required contact the Sydney Metro Environment Manager for further advice and support material Please note there are time constraints associated with heritage approval preparation and processing

Contractorrsquos Project Manager Excavation Director

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64 Assess whether heritage impact is consistent with the project approval or if project approval modification is required from the Department of Planning Industry and Environment

Excavation Director Sydney Metro Environmental Manager

65 Where statutory approvals (or project approval modifications) are required impact upon relics andor Aboriginal objects must not occur until heritage approvals are issued by the appropriate regulator

Contractorrsquos Project Manager Excavation Director

66 Where statutory approval is not required but where recording is recommended by the archaeologistAboriginal heritage consultant sufficient time must be allowed for this to occur

Contractorrsquos Project Manager Excavation Director

67 Ensure short term and permanent storage locations are identified for archaeological material or other heritage material removed from site where required Interested third parties (for example museums local Aboriginal land councils or local councils) should be consulted on this issue Contact the archaeologist or Aboriginal heritage consultant for advice on this matter if required

Contractorrsquos Project Manager Excavation Director

7 Resume work

71 Seek written clearance to resume project work from the project Excavation Director Archaeologist Aboriginal heritage consultant

Clearance would only be given once all archaeological excavation andor heritage recommendations and approvals (where required) are complete Resumption of project work must be in accordance with the all relevant projectheritage approvalsdeterminations

Contractorrsquos Project Manager Excavation Director

72 If required ensure archaeological excavationheritage reporting and other heritage approval conditions are completed in the required timeframes This includes artefact retention repositories conservation andor disposal strategies

Contractorrsquos Project Manager Excavation Director

73 If additional unexpected items are discovered this procedure must begin again from Step 1

All

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7 Responsibilities

Table 3 Roles and Responsibilities

Role Responsibility or role under this guideline

Contractor Supervisor

Stop work immediately when an unexpected heritage find is encountered Cordon off area until Environmental Manager Excavation Director advises that work can recommence

Manage the process of identifying protecting and mitigating impacts on the lsquofindrsquo

Liaise with Sydney Metro Project Manager Environment Manager and Senior Heritage Advisor

Assist the archaeologistAboriginal heritage consultant with mitigation and regulatory requirements

Complete Incident Report and review CEMP for any changes required Propose amendments to the CEMP if any changes are required

Contractors Project Manager

Ensures all aspects of this procedure are implemented Advise Contractor Supervisor to recommence work if all applicable requirements have been satisfied and the Excavation Director

Project Archaeologist has approved recommend of work

Contractorrsquos or Project Heritage Advisor or Consultant

Provide expert advice to the Sydney Metro Environment Manager on find identification significance mitigation legislative procedures and regulatory requirements

Environmental Representative

Ensure compliance with relevant approvals (new and existing)

Sydney Metro Environment Manager

Notify the Sydney Metro Principal Manager Environmental Management of find and manage Incident Reporting once completed by Environmental Manager

Sydney Metro Senior Heritage Advisor

Provide expert advice to Sydney Metro Environment Manager and project as required

8 Seeking Advice

Advice on this procedure should be sought from the Sydney Metro Environment Manager in the first instance Contractors and delivery partners should ensure their own project environment managers are aware of and understand this procedure

Technical archaeological or heritage advice regarding an unexpected heritage item should be sought from a suitably qualified and experienced archaeologistAboriginal heritage consultant

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9 Related documents and references

Sydney Metro Environmental Incident Classification and Reporting ndash SM-17-00000096

Transport for NSW Guide to Environmental Control Map ndash 3TP-SD-01570

NSW Heritage Office (1998) Skeletal remains guidelines for the management of human skeletal remains

Roads and Maritime Services (2015) Standard Management Procedure Unexpected Heritage Items

Department of Environment and Conservation NSW (2006) Manual for the identification of Aboriginal remains

Sydney Metro Exhumation Procedure ndash SM ES-PW-31510

10 List of appendices

The following appendices are included to support this procedure

Appendix 1 Examples of finds encountered during construction works

Appendix 2 Unexpected Heritage Item Recording Form

Appendix 3 Photographing Unexpected Heritage Items

Appendix 4 Uncovering Bones

Appendix 5 Archaeological Advice Checklist

Appendix 6 Template Notification Letter

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Appendix 1 Examples of finds encountered during construction works

Photo 1 - Aboriginal artefacts found at the Wickham Transport Interchange 2015

Photo 2 ndash Aboriginal artefacts (shell material) found at the Wickham Transport Interchange 2015

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Photo 3 1840s seawall and 1880s retaining wall uncovered at Balmain East 2016

Photo 4 Sandstone pavers uncovered at Balmain East 2016

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Photo 5 - Platform structure at Hamilton Railway Station classified as a lsquoworkrsquo by the project archaeologist - Wickham Transport Interchange project 2015

Photo 6 - Platform structure at Hamilton Railway Station classified as a lsquoworkrsquo by the project archaeologist - Wickham Transport Interchange project 2015

Photo 7 - Sandstone flagging and cesspit - Wynyard Walk project 2014

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Photo 8 - Chinese Ming Dynasty pottery and English porcelainpottery dating back to early 19th century - Wynyard Walk project 2014

Photo 9 - Pottery made by convict potter Thomas Ball during the early settlement - Wynyard Walk project 2014

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(Uncontrolled when printed)

The following images obtained from the Roads and Maritime Servicesrsquo Standard Management Procedure for Unexpected Heritage items 2015 can be used to assist in the preliminary identification of potential unexpected items during construction and maintenance works Photo 10 - Top left hand picture continuing clockwise Stock camp remnants (Hume Highway Bypass at

Tarcutta) Linear archaeological feature with post holes (Hume Highway Duplication) Animal bones (Hume Highway Bypass at Woomargama) Cut wooden stake Glass jars bottles spoon and fork recovered from refuse pit associated with a Newcastle Hotel (Pacific Highway Adamstown Heights Newcastle area) (RMS 2015)

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Photo 11 - Top left hand picture continuing clockwise Stock camp remnants (Hume Highway Bypass at

Tarcutta) Linear archaeological feature with post holes (Hume Highway Duplication) Animal bones

(Hume Highway Bypass at Woomargama) Cut wooden stake Glass jars bottles spoon and fork

recovered from refuse pit associated with a Newcastle Hotel (Pacific Highway Adamstown Heights

Newcastle area) (RMS 2015)

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Appendix 2 - Unexpected Heritage Find Recording Form

Example of unexpected heritage item recording form

This form is to be completed Excavation Director on the discovery of an archaeological heritage find during construction or maintenance works

Date Recorded by

(include name and position)

Project name

Description of works

being undertaken

Description of exact

location of item

Description of item

found

(What type of item is it likely

to be Tick the relevant

boxes)

A A relic A lsquorelicrsquo is evidence of a past human activity

relating to the settlement of NSW with local

or state heritage significance A relic might

include bottle utensils plates cups

household items tools implements and

similar items

B A lsquoworkrsquo building or

structurersquo A lsquoworkrsquo can generally be defined as a form

infrastructure such as track or rail tracks

timber sleepers a culvert road base a

bridge pier kerbing and similar items

C An Aboriginal object An lsquoAboriginal objectrsquo may include stone

tools stone flakes shell middens rock art

scarred trees and human bones

D Bone Bones can either be human or animal

remains

Remember that you must contact the local

police immediately by telephone if you are

certain that the bone(s) are human

remains

E Other

Provide a short

description of the item

(Eg metal rail tracks

running parallel to the rail

corridor Good condition

Tracks set in concrete

approximately 10 cm below

the current ground surface)

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Sketch

(Provide a sketch of the

itemrsquos general location in

relation to other road

features so its approximate

location can be mapped

without having to re-

excavate it In addition

please include details of the

location and direction of any

photographs of the item

taken)

Action taken (Tick either

A or B)

A Unexpected item

would not be further

impacts on by the

works

Describe how works would avoid impact

on the item (Eg the rail tracks would be left in

situ and recovered with paving)

B Unexpected item

would be further

impacted by the works

Describe how works would impact on the

item (Eg milling is required to be continued to a

depth of 200 mm depth to ensure the pavement

requirements are met Rail tracks would need to

be removed)

Excavation Director Signature

Signature

It is a statutory offence to disturb Aboriginal objects and historic relics (including human

remains) without an approval All works affecting objects and relics must cease until an

approval is sought

Approvals may also be required to impact on certain works

Important

Unclassified

Appendix 3 - Photographing unexpected heritage finds

Photographs of unexpected finds in their current context (in situ) may assist archaeologistsAboriginal heritage consultants to better identify the heritage values of the item Emailing good quality photographs to specialists can allow for better quality and faster heritage advice The key elements that must be captured in photographs of the item include its position the item itself and any distinguishing features All photographs must have a scale (ruler scale bar mobile phone coin etc) and a note describing the direction of the photograph

Context and detailed photographs

It is important to take a general photograph (Figure 1) to convey the location and setting of the item This will add value to the subsequent detailed photographs also required (Figure 2)

Figure 1 Telford road uncovered on the Great Western Highway (Leura) in 2008 (RMS 2015)

Photographing distinguishing features

Where unexpected items have a distinguishing feature close up detailed photographs must be taken of these features where practicable In the case of a building or bridge this may include diagnostic details architectural or technical features See Figures 3 and 4 for examples

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Removal of the item from its context (eg excavating from the ground) for

photographic purposes is not permitted

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Photographing bones

The majority of bones found on site will be animal bones often requiring no further assessment (unless they are in archaeological context) However if bones are human the police must be contacted immediately (see Appendix 5 for detailed guidance) Taking quality photographs of the bones can often resolve this issue quickly The project archaeologist can confirm if bones are human or non-human if provided with appropriate photographs

Ensure that photographs of bones are not concealed by foliage (Figure 5) as this makes it difficult to identify Minor hand removal of foliage can be undertaken as long as disturbance of the bone does not occur Excavation of the ground to remove bone(s) should not occur nor should they be pulled out of the ground if partially exposed

Where sediment (adhering to a bone found on the ground surface) conceals portions of a bone (Figure 6) ensure the photograph is taken of the bone (if any) that is not concealed by sediment

Ensure that all close up photographs include the whole bone and then specific details of the bone (especially the ends of long bones the epiphysis which is critical for species identification) Figures 7 and 8 are examples of good photographs of bones that can easily

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be identified from the photograph alone They show sufficient detail of the complete bone and the epiphysis

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Appendix 4 - Uncovering bones

This appendix provides advice regarding

what to do on first discovering bones

the range of human skeletal notification pathways and

additional considerations and requirements when managing the discovery of human remains

1 First uncovering bones

Refer to the Sydney Metro Exhumation Procedure

Stop all work in the vicinity of the find All bones uncovered during project works should be treated with care and urgency as they have the potential to be human remains The bones must be identified as either human or non-human as soon as possible by a qualified forensic or physical anthropologist

On the very rare occasion where it is immediately obvious from the remains that they are human the Project Manager (or a delegate) should inform the police by telephone prior to seeking specialist advice It will be obvious that it is human skeletal remains where there is no doubt as demonstrated by the example in Figure 17 Often skeletal elements in isolation (such as a skull) can also clearly be identified as human Note it may also be obvious that human remains have been uncovered when soft tissue andor clothing are present

7

After Department of Environment and Conservation NSW (2006) Manual for the identification of Aboriginal

Remains 17

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This preliminary phone call is to let the police know that a specialist skeletal assessment to determine the approximate date of death which will inform legal jurisdiction The police may wish to take control of the site at this stage If not a forensic or physical anthropologist must be requested to make an on-site assessment of the skeletal remains

Where it is not immediately obvious that the bones are human (in the majority of cases illustrated by Figure 2) specialist assessment is required to identify the bones Photographs of the bones can assist this assessment if they are clear and taken in accordance with guidance provided in Appendix 3 Good photographs often result in the bones being identified by a specialist without requiring a site visit noting they are nearly always non-human In these cases non-human skeletal remains must be treated like any other unexpected archaeological find

If the bones are identified as human (either by photographs or an on-site inspection) a technical specialist must determine the likely ancestry (Aboriginal or non-Aboriginal) and burial context (archaeological or forensic) This assessment is required to identify the legal regulator of the human remains so urgent notification (as below) can occur

Preliminary telephone or verbal notification by the archaeologist to the Sydney Metro Senior Heritage Advisor is appropriate This must be followed up later by a formal letter notification to the relevant regulator when a management plan has been developed and agreed to by the relevant parties

2 Range of human skeletal notification pathways

The following is a summary of the different notification pathways required for human skeletal remains depending on the preliminary skeletal assessment of ancestry and burial context

A Human bones are from a recently deceased person (less than 100 years old)

B Human bones are archaeological in nature (more than 100 years old) and are likely to be Aboriginal remains

C Human bones are archaeological in nature (more than 100 years old) and likely to be non-Aboriginal remains

Figure 3 summarises the notification pathways on finding bones

Action

The Heritage NSW must be notified immediately

Action

The police must be notified immediately as per the obligations to report a death or suspected death under s35 of the Coroners Act 2009 (NSW) It should be assumed the police will then take command of the site until otherwise directed

Action

The Department of Planning Industry and Environment Aboriginal Heritage Section must be notified immediately The project Aboriginal Cultural Heritage Advisor must contact and inform the relevant Aboriginal community stakeholders who may request to be present on site

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Figure 3 Overview of steps to be undertaken on the discovery of bones

After the appropriate verbal notifications (as described in 2B and 2C above) the Project Manager must proceed through the Unexpected Heritage Items Exhumation Procedure (Step 4) It is noted that no Exhumation Procedure is required for forensic cases (2A) as all future management is a police matter Non-human skeletal remains must be treated like any other unexpected archaeological find and so must proceed to record the find

3 Additional considerations and requirements

Uncovering archaeological human remains must be managed intensively and needs to consider a number of additional specific issues These issues might include facilitating culturally appropriate processes when dealing with Aboriginal remains (such as repatriation and cultural ceremonies) Project Managers may need to consider overnight site security of any exposed remains and may need to manage the onsite attendance of a number of different external stakeholders during assessment andor investigation of remains

Project Managers may also be advised to liaise with local churchreligious groups and the media to manage community issues arising from the find Additional investigations may be required to identify living descendants particularly if the remains are to be removed and relocated

If exhumation of the remains (from a formal burial or a vault) is required Project Managers should also be aware of additional approval requirements under the NSW Public Health Act 1991 Specifically Sydney Metro may be required to apply to the Director General of NSW

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Department of Health for approval to exhume human remains as per Clause 26 of the NSW Public Health (Disposal of Bodies) Regulation 2002 8

Further the exhumation of such remains needs to consider health risks such as infectious disease control exhumation procedures and reburial approval and registration Further guidance on this matter can be found at the NSW Department of Health website

In addition due to the potential significant statutory and common law controls and prohibitions associated with interfering with a public cemetery project teams are advised when works uncover human remains adjacent to cemeteries to confirm the cemeteryrsquos exact boundaries where possible

8 This requirement is in addition to heritage approvals under the Heritage Act 1977

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Appendix 5 - Archaeologicalheritage advice checklist

The archaeologistAboriginal heritage consultant must advise the Sydney Metro Environment Manager and Senior Heritage Advisor of an appropriate archaeological or heritage management plan as soon as possible after an inspection of the site has been completed An archaeological or heritage management plan can include a range of activities and processes which differ depending on the find and its significance

In discussions with the archaeologistAboriginal heritage consultant the following checklist can be used as a prompt to ensure all relevant heritage issues are considered when developing this plan This will allow the project team to receive clear and full advice to move forward quickly Archaeological andor heritage advice on how to proceed can be received in a letter or email outlining all relevant archaeological andor heritage issues

Required Outcomenotes

Assessment and investigation

Assessment of significance YesNo

Assessment of heritage impact YesNo

Archaeological excavation YesNo

Archival photographic recording YesNo

Heritage approvals and notifications

AHIP section 140 section 139 exceptions section 60 exemptions etc

YesNo

Regulator relicsobjects notification YesNo

Notification to Sydney Trains for s170 heritage conservation register

YesNo

Compliance with CEMP or other project heritage approvals

YesNo

Stakeholder consultation

Aboriginal stakeholder consultation YesNo

Artefactheritage item management

Retention or conservation strategy (eg items may be subject to long conservation and interpretation)

YesNo

Disposal strategy YesNo

Short term and permanent storage locations (interested third parties should be consulted on this issue)

YesNo

Control Agreement for Aboriginal objects YesNo

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Appendix 6 - Template notification letter

Insert on Sydney Metro letterhead

Select and type date] [Select and type reference number]

XXX

Heritage NSW Department of Planning Industry and

Environment

xxx

Parramatta NSW 2124

[Select and type salutation and name]

Re Unexpected heritage item discovered during Sydney Metro activities

I write to inform you of an unexpected [select relic heritage item or Aboriginal object] found during Sydney Metro investigative and construction works at [insert location] on [insert date] in accordance with the notification requirement under select section 146 of the Heritage Act 1977 (NSW) [Where the regulator has been informally notified at an earlier date by telephone this should be referred to here]

[Provide a brief overview of the project background and project area Provide a summary of the description and location of the item including a map and image where possible Also include how the project was assessed under the Environmental Planning and Assessment Act 1979 (NSW) (eg Part 5) Also include any project approval number if available]

Sydney Metro [or contractor] has sought professional archaeological advice regarding the item A preliminary assessment indicates [provide a summary description and likely significance of the item] Please find additional information on the site recording form attached

Based on the preliminary findings Sydney Metro [or contractor] is proposing [provide a summary of the proposed archaeologicalheritage approach (eg develop archaeological research design (where relevant) seek heritage approvals undertake archaeological investigation or conservationinterpretation strategy) Also include preliminary justification of such heritage impact with regard to project design constraints and delivery program]

The proposed approach will be further developed in consultation with a nominated Office of Environment and Heritage staff member

Should you have any feedback on the proposed approach or if you require any further information please do not hesitate to contact [Environment and Planning Project Manager] on (02) XXXX XXXX

Yours sincerely

[Sender name]

Sydney Metro Director Environment Sustainability amp Planning [Attach the archaeologicalheritage management plan and site recording form]

NB On finding Aboriginal human skeletal remains this letter must also be sent to the Commonwealth Minister for the Environment in accordance with notification requirements under section 20(1) of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Commonwealth)

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 56 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 5B ndash Sydney Metro Exhumation Management Procedure

Unclassified

Exhumation Management

Procedure

SM ES-PW-31510

Sydney Metro Integrated Management System (IMS)

Applicable to Sydney Metro

Document Owner Senior Heritage Advisor

System Owner Environment Sustainability and Planning

Status Final issued for Implementation

Version 40

Date of issue June 2020

Review date June 2021

copy Sydney Metro 2017

Unclassified

Integrated

Management

System

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Unclassified

Sydney Metro Exhumation Procedure v40 (final)

copy Sydney Metro 2017 Page 2 of 24

Table of Contents

Contents 1 Introduction 3

2 Methodology 3 21 Overview of legislative requirements for dealing with human remains

4 22 Discovery of human remains and forensic cases NSW Coroners

Act 2009 (NSW) 4 23 Historic human remains Heritage Act 1977 and Guidelines for the

Management of Human Skeletal Remains under the Heritage Act 1977 5

24 Aboriginal human remains National Parks and Wildlife Act 1974 6 25 Exhumation of human remains Public Health Regulation 2012

(NSW) and the NSW Health Policy Statement ndash Exhumation of human remains (2013) 7

26 NSW Ministry of Health Policy Statement ndash Exhumation of human remains (2013) 7

27 Work Health and Safety Act 2011 7

3 Sydney Metro procedure for the discovery and management of human remains 8 31 Initial discovery of bones What do we do 8 32 Archaeological Exhumation Methodology 10

4 Excavation and post-excavation tasks 14 41 Research Questions 14 42 Process for DNA Testing Isotope Analysis and Environmental

Sampling 15 43 Reporting 16 44 Public Involvement 16 45 Temporary Storage and Permanent Repository or Resting Place for

Remains 17

5 Definitions 18

6 Related Documents and References 18

7 Superseded Documents 18

8 Document History 18

9 Schedule of Acronyms 18

Exhumation of Human Remains 20 EXHUMATION OF HUMAN REMAINS 1 MANDATORY REQUIREMENTS 1 IMPLEMENTATION 1 REVISION HISTORY 2 CONTENTS 4 APPENDIX 2 11 APPENDIX 3 12 APPENDIX 4 13 APPLICATION TO EXHUME REMAINS 16

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1 Introduction

This Exhumation Management Procedure (ExMP) has been developed to provide Sydney Metro and their contractors with guidance on managing the discovery of human skeletal remains during the course of the Sydney Metro program of works

Sydney Metro is Australiarsquos biggest public transport project From the northwest metro rail is being extended under Sydney Harbour through new underground city stations and beyond to the south west In 2024 Sydney will have 31 metro railway stations and a 66km standalone metro railway system revolutionising the way Australiarsquos biggest city travels (refer to Figure 1)

The purpose of this ExMP is to provide a clear and concise process to follow in the event of the discovery of potential human remains during Sydney Metro project works

This ExMP will be reviewed as required and prior to any future Sydney Metro project that has potential to impact on a known cemetery or burial ground A review may require amendment the ExMP to tailor additional controls or management procedures that are specific to the impacted cemetery or burial ground In addition the requirements of the relevant Planning Approval will be assessed during the review of this ExMP prior to its implementation

This procedure should be read in conjunction with the Sydney Metro Unexpected Finds Policy

2 Methodology

This ExMP outlines the procedure for the management of the discovery of human remains within the Sydney Metro program The ExMP addresses the following

Discussion of relevant legislation and guidelines (eg Coroners Act 2009 Heritage Act 1977 Guidelines for the Management of Human Skeletal Remains 1988 and the Public Health Regulations 2012)

Archaeological methodology for excavation of remains including processes for appropriately handling remains in accordance with the relevant guidelines

Preparation of a flow chart process to be used by contractors to respond to the discovery of suspected human remains

Post-exhumation management primarily around relocation processing and long- term arrangements

Process for nomination of a physical anthropologist and temporary storage location

Process for additional analysis including DNA testing isotope analysis and environmental sampling and discussion on requirements for public involvement

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Figure 1 2020 Sydney Metro Program Project overview and station locations

21 Overview of legislative requirements for dealing with human remains

The following section provides an overview of the legislation that would apply to the discovery management and relocation of human remains A discovery of suspected human remains may be subject to different Acts and requirements thereby triggering different notification pathways based on the specific circumstances involved

The first step will always be to notify the NSW Police Confirmation of the age (antiquity) and nature of the skeletal remains as well as the reasons for the disturbance will dictate which Act and provisions will be applicable

22 Discovery of human remains and forensic cases NSW Coroners Act 2009 (NSW)

For a discovery of suspected human remains less than 100 years old the remains would come under the jurisdiction of the State Coroner and the NSW Coroners Act 2009 Such a case would be considered a lsquoreportable deathrsquo and under legal notification obligations set out in s35 (2) a person must report the death to a police officer a coroner or an assistant coroner as soon as possible This applies to all human remains less than 100 years old regardless of ancestry (ie both Aboriginal and non-Aboriginal remains)

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35 Obligation to report death or suspected death

(1) This section applies to any person who has reasonable grounds to believe that a death or suspected death of another person

(a) is a reportable death or occurred in circumstances that would be examinable under Division 2 of Part 32 and

(b) has not been reported in accordance with subsection (2)

(2) A person to whom this section applies must report the death or suspected death concerned to a police officer a coroner or an assistant coroner as soon as possible after becoming aware of the grounds referred to in subsection (1)

Maximum penalty (subsection (2)) 10 penalty units

(3) A police officer to whom a death or suspected death is reported under this section is required to report the death or suspected death to a coroner or assistant coroner as soon as possible after the report is made

(4) An assistant coroner to whom a death or suspected death is reported under this section is required to report the death or suspected death to a coroner as soon as possible after the report is made

(5) A coroner to whom a death or suspected death is reported under this section is required to inform the State Coroner of the report as soon as practicable after the report is made

23 Historic human remains Heritage Act 1977 and Guidelines for the Management of Human Skeletal Remains under the Heritage Act 1977

The Heritage Act 1977 and Guidelines for the Management of Human Skeletal Remains under the Heritage Act 19771 (the Guidelines) apply to historic burials in New South Wales It should be noted that the Guidelines are outdated in terms of the current statutory framework

A relic is defined as an archaeological deposit or artefact that has heritage significance at a local or State level The guidelines Assessing Significance for Historical Archaeological Sites and `Relics2 have been endorsed by the Heritage Council and should be used to assess the level of heritage or archaeological significance of the remains With reference to burial grounds objects such as headstones grave enclosures and grave goods as well as buried human remains may be a lsquorelicrsquo

1 NSW Heritage Office 1998

2 Heritage Branch of the Department of Planning 2009

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Approval under the Heritage Act 1977 and the National Parks and Wildlife Act 1974 is not required if human remains are uncovered during a Critical State Significant Infrastructure (CSSI) project However notification to the Heritage Council under s146 of the Heritage Act and notification of an Aboriginal object under the National Parks and Wildlife Act is required if archaeological human remains are uncovered

24 Aboriginal human remains National Parks and Wildlife Act 1974

The National Parks and Wildlife Act provides statutory protection for all Aboriginal lsquoobjectsrsquo (consisting of any material evidence of the Aboriginal occupation of NSW) under Section 90 of the Act and for lsquoAboriginal Placesrsquo (areas of cultural significance to the Aboriginal community) under Section 84

Discovery of Aboriginal burials andor human remains would be addressed in the projectrsquos Aboriginal Cultural Heritage Assessment Report (ACHAR) ACHARs would be prepared in accordance with the Heritage NSW

lsquoGuidelines for Aboriginal Cultural Heritage Impact Assessment and Community Consultation3

Guide to investigating assessing and reporting on Aboriginal cultural heritage in NSW4

Aboriginal cultural heritage consultation requirements for proponents 20105

Code of Practice for Archaeological Investigation of Aboriginal Objects in New South Wales6

If suspected human skeletal remains are uncovered at any time during the archaeological management program the process outlined in this ExMP and detailed in the flow chart is to be followed Management of the remains would be guided by consultation with the nominated Registered Aboriginal Parties (RAPs) for the project in adherence to the ACHAR

3 NSW Department of Environment and Conservation 2005

4 OEH 2011

5 Department of Environment Climate Change and Water 2010

6 OEH 2010

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Unclassified

Sydney Metro Exhumation Procedure v40 (final)

copy Sydney Metro 2017 Page 7 of 24

25 Exhumation of human remains Public Health Regulation 2012 (NSW) and the NSW Health Policy Statement ndash Exhumation of human remains (2013)

Public Health Regulation 2012 and the NSW Health Policy Statement ndash Exhumation of human remains of the Public Health Regulation 2012 provides specific regulation for the exhumation of bodies in NSW

Under Clause 70 of the Regulation an application for approval to exhume the remains of a dead person may be made to the Director-General via an approved form to the Director of the Local Public Health Unit that acts on behalf of the Director-General of NSW Health Exhumation is not to take place unless an authorised officer or a NSW Health member of staff is present at the exhumation (the grave may be excavated to the lid of the coffin but nothing must be disturbed until the arrival of the authorised officer) (Clause 72) An authorised officer must be present at the exhumation to ensure the correct interment procedure is followed and that all of the remains are exhumed and to enforce the protection of public health should this be necessary

26 NSW Ministry of Health Policy Statement ndash Exhumation of human remains (2013)

The NSW Ministry of Health Policy Statement on the exhumation of human remains provides the policy to be observed by Public Health Units located in Local Health Districts on receipt of an application to seek permission for approval of the exhumation of human remains under the Public Health Regulation 2012 Public Health Units (PHUs) of Local Health Districts (LHDs) in NSW facilitate the approval for an exhumation Under Clause 69 a person must not exhume a body unless the exhumation of the remains has been approved by the Director-General An application for permission to exhume the remains of a deceased person is to be made to the Public Health Unit on the approved form which is contained at the NSW Health website

The required form is appended to this ExMP for ease of reference

Note that the title of Director General of Health was replaced with the Secretary of Health when the Public Health Act and Public Health Regulation were amended However the Policy Directive PD2013-046 has not been amended to reflect this change

27 Work Health and Safety Act 2011

The Work Health and Safety Act 2011 provisions apply to protect personnel involved in the exhumation procedure by creating and maintaining safe and healthy work practices and are enforced by WorkCover NSW Graves crypts and vaults could be considered to be confined spaces in some circumstances under health and safety legislation More information on safe work practices is available at or by contacting SafeWork NSW via their website or directly

Health and safety aspects of working with human remains should be considered Generally working with archaeological human skeletal remains requires no extra precautions to be taken beyond normal health and safety regulations Once any necessary site health and safety precautions have been taken the exhumation of human remains can proceed

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Unclassified

Sydney Metro Exhumation Procedure v40 (final)

copy Sydney Metro 2017 Page 8 of 24

3 Sydney Metro procedure for the discovery and management of human remains

This procedure provides project managers principal contractors and the project archaeologistExcavation Director with advice on the steps to follow upon uncovering suspected human remains Information on the potential for burials and human remains would be included in the general project induction for all personnel The induction would include the procedure to manage these finds as set out in this ExMP

31 Initial discovery of bones What do we do

To avoid doubt all suspected bone items must be treated as potential human skeletal remains and work around them must stop while they are protected and investigated as a matter of urgency

Stop Work and preliminary notification

On discovery of bone (suspected human remains) all work in the area of the find must stop and the remains must be confirmed as being human or not

The Project ArchaeologistExcavation Director must be notified

Preliminary notification must be made to the NSW Police in compliance with Section 35 of the Coroners Act 2009

What When bones are uncovered at a site all work in the area the find must stop immediately and the

site must be secured

Who The discoverer will immediately notify machinery operators so that no further disturbance of the

remains will occur as well as notify the foremansite supervisor principal contractor project archaeologistExcavation Director and Sydney Metro Environmental Manager

Preliminary notification to the NSW Police will be undertaken by the Sydney Metro Environmental Manager Notification should provide verbal description of the remains and inform the police that consultation with technical specialists is being undertaken to confirm that the remains are human as well as the burial context (archaeological or less than 100 years old refer Step 2)

How Inform all site personnel of restricted access to the area of the discovery until further notice Area must be fenced off (flagging or temporary exclusion fencing)

Actions Notify site supervisor principal contractor project archaeologist Excavation Director and Sydney Metro Environmental Manger of the find and protect the suspected remains until an initial assessment can be undertaken by a technical specialist

Preliminary notification to NSW Police by Sydney Metro Environmental Manager

Confirm the remains are human

Skeletal remains could either be articulated and in a recognisable form of burial such as a coffin or common burial position of the body (eg supine prone or flexed) or they could be disarticulated or fragmented remains Within the boundaries of a known historic burial ground there is a high probability of the remains being human In a suspected forensic case (less than 100 years old) the remains may have clothing andor human tissue Disarticulated or fragmented bones are often uncovered and these may require specialist assessment to determine legal jurisdiction

If suspected human remains are identified during the course of project works preliminary notification must be made to the NSW Police in compliance with Section 35 of the Coroners Act 1999 (refer Step 1) NSW Police would be contacted immediately upon receipt of confirmation of human provenance

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Unclassified

Sydney Metro Exhumation Procedure v40 (final)

copy Sydney Metro 2017 Page 9 of 24

What Confirmation that the remains are human their burial context - whether they are forensic (less than 100 years) or archaeological (older than 100 years) and suspected ancestry (Aboriginal or non- Aboriginal)

Who Excavation Director and or Forensic or physical anthropologist or archaeologist with specialist skills such as an osteoarchaeologist

Notification to the NSW Police will be undertaken by the Sydney Metro Environmental Manager

How Consultation could be undertaken as either an on-site inspection or via good quality photos sent to the nominated technical specialist of 1) the remains and 2) the site general site location of the discovery

Actions Contact nominated technical specialists to confirm that the remains are a) human b) burial context (archaeological or forensic) and c) suspected ancestry (Aboriginal or non-Aboriginal)

For the duration of the Sydney Metro project the nominated technical specialists are

Forensic Anthropologist ndash TBC by contractor for project area

Nominated Excavation Director ndash TBC by contractor for project area

Sydney Metro Environmental Manager to conduct and or oversee liaison with NSW Police

The archaeologist may be able to identify the nature of remains without input from the Forensic Anthropologist The Forensic Anthropologist should be contacted as required

Notification based on jurisdiction (forensic or archaeological)

Once confirmation is received from the technical specialist that the remains are of human origin there are three possible statutory pathways to follow based on the assessment

What Forensic case remains are less than 100 years old

Who If it is determined by specialist assessment (Step 2) that the remains are forensic the remains come

under the jurisdiction of the State Coroner and the Coroners Act 2009

How The NSW Police would likely secure the site and will advise on the procedure to be followed

Actions Environmental Manager to liaise with NSW Police

What Archaeological ndash non-Aboriginal human remains -more than 100 years old

Who Follow the Archaeology Exhumation Methodology as set out in Step 4 below

How Follow the Archaeology Exhumation Methodology as set out in Step 4 below

Actions Follow the Archaeology Exhumation Methodology as set out in Step 4 below

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Unclassified

Sydney Metro Exhumation Procedure v40 (final)

copy Sydney Metro 2017 Page 10 of 24

What Archaeological ndash suspected Aboriginal human remains -more than 100 years old

Who Recording of Aboriginal ancestral remains must be undertaken by or conducted under the direct supervision of a specialist with RAPs present

How The RAPs must be present where it is reasonably suspected that Aboriginal burials or human remains have been encountered

Actions Notify RAPs and follow ACHAR Notification to Heritage NSW

Follow the Archaeology Exhumation Methodology as set out in Step 4

32 Archaeological Exhumation Methodology

The following section provides the archaeological methodology for exhumation and the appropriate handling of human remains

Securing the Site

The strategy for the excavation and removal of human remains must be sensitive to public opinion and ethical issues and exhumation activities should not be visible to the general public The site may need to be screened off from public areas not only with hoarding but also in some cases with a roof to screen the site off from overlooking buildings At all times human remains should be treated with respect and dignity The perimeter of the excavation site should be demarcated by plastic tape or flagging with only technical staff allowed within this area for the duration of exhumation activities

The site should be protected from the elements including flooding contamination with dust or debris and other disturbance These measures would be formulated by the Excavation Director in consultation with the contractor and Sydney Metro where required and may differ from site to site

Excavation Director

Archaeological investigations are to be managed by a suitably qualified Excavation Director with experience in the historical archaeology of Sydney and the excavation and management of human remains For sites with potential for locally significant remains the Excavation Director should meet the NSW Heritage Council criteria for locally significant archaeological sites For sites with potential for State significant archaeology the Excavation Director should meet the NSW Heritage Council criteria for State significant archaeological sites

Excavation and recording

Exhumation and recording is to be undertaken in accordance with best practice forensic and Heritage Council guidelines Prior to removal the remains should be fully recorded in situ to understand their surrounding archaeological context This will include recording any disturbances to the burial and the identification of bones present In some cases the deposit of bones may be a mixture of articulated and disarticulated remains Care should be taken to distinguish articulated remains and to assess if they represent commingled individuals or disturbed remains belonging to one individual and to record them accordingly

Recording

A standard context recording system would be employed

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Unclassified

Sydney Metro Exhumation Procedure v40 (final)

copy Sydney Metro 2017 Page 11 of 24

Detailed survey andor measured drawings would be prepared and include location of remains within the overall site (position of the body the direction of the burial noting any stratigraphic relationships with other archaeological features)

Any associated artefacts (potential grave goods burial furniture) would be recorded and collected by context for later analysis

Digital photography in RAW format using photographic scales and photo boards where appropriate A photographic record of all phases of the work on site would be undertaken

Registers of contexts photos samples and drawings would be kept

Excavation

Detection of the extent of the graveremains (if disarticulated)

Surface soils removed in excavation units of 100mm (site dependent) using small hand tools

Expose remains with soft paint brushes and pedestal the remains

Record position and depth of remains

Soil removed would be sieved through 3mm mesh to examine for teeth and bone fragments

Soil samples may be taken from the abdominal andor chest areas of the body (articulated remains) to retrieve further evidence

Exhumation must be under the control of the Excavation Director with the assistance of a Forensic Anthropologist if required Exhumation permits provided by NSW Ministry of Health may also require the presence of an authorised officer or a member of staff of the Ministry of Health

Further excavation of the bottom of the pit (grave) following removal to confirm the absence of further remains

Relocation of bones

Removal and collection of skeletal remains to follow standard forensic practice of labelling

Remove remains from the ground systematically and place in plastic bags according to anatomical areas of the body

Bags should not be air-tight and should have ventilation holes to prevent deterioration of fragile skeletal material Each bag should contain labels and the separate bags should then be placed in a large plastic bag crate or box labelled with the context information

The remains should be placed in a sturdy large cardboard box (approximately 600 x 300 x 200 mm) for relocation to off-site processing location

Resume work

Construction work may only recommence upon receipt of clearance certificate from the Excavation Director and may require additional NSW Ministry of Health approval If a forensic case written authorisation from the NSW Police is required

Reporting

A report would be prepared following the completion of the program of exhumation works separate to the archaeological excavation report for the project This report would include skeletal analysis catalogue comprehensively describe the process of exhumation detail

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Unclassified

Sydney Metro Exhumation Procedure v40 (final)

copy Sydney Metro 2017 Page 12 of 24

the recording of the remains and synthesise the results of any further laboratory testing An assessment of significance for the remains would be provided and interpreted within the context of the archaeological research design (response to research questions)

Unclassified

Sydney Metro Exhumation Procedure v4 (Final)

Unclassified

Figure 2 Exhumation Procedure Flow chart

Page 13 of 24

Discovery of bone

Non-human remains

Archaeologist to investigate and work not

to recommence until instrcuted by ED

Work only to recommence when clearance given by Excavation Director

Human Remains

Forensic

Sydney Metro Environmental

Manager to advise NSW POlice

Archaoelogical work not to recommence until clearance given

by NSW Police or Coroner

Aboriginal

Sydney Metro Environmental Manager to advise NSW Policye notify RAPs and follow

ACHAR

Archaoelogical work not to

recommence until clearance firven by

NSW Police or Coroner

Non Aboriginal

Sydney Metro Environmental Manager to notifiy NSW Policce Heritage NSW and DPIE

Sydney Metrocontractor to apply to Secretary of

Health to exhume

Exhumation of human remains by nominated ED Construction work not to commence until

ED issues Clearance Certificate

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

4 Excavation and post-excavation tasks

The following tasks relate to responses to the identification of human remains on site All management should be in accordance with the AARD and relevant Archaeological Method Statement (AMS) and be overseen by the Excavation Director The Excavation Director would nominate a Forensic Anthropologist where required

41 Research Questions

The following research questions should be used guide exhumations should intact burials disarticulated remain burial cuttings or associated material culture be uncovered during works

The research questions are a guide only and could be added to or amended by the Excavation Director depending on the nature of the find

Social History and Burial Practices

Does the location of the burialburial cutting correspond with historic plansdescriptions Are these sources reliable

Is there evidence of exhumation

Do graves cut into older ones What can this tell us about nineteenth century burial practices and how does this compare to other excavated cemetery sites in the region

What is the distance between burials (if multiple burials uncovered) Does this conform to known nineteenth century burial practices

What type of fill was used within grave cuttings What can this tell us about the surrounding environment and burial practices at the time

What materialstree species were used to produce coffins Can coffin manufacturing techniques or fastening methods (use of mortar screws nails tacks) be identified Does this match known burial practices of the time If alternative methods are identified what can this tell us about the manufacturer or economicsocial landscape

Can the class or rank of the individual be identified via coffin materials grave goods or clothingshrouds

Which direction is the burial orientated How does this correspond with the knownhypothesised location of denomination areas

If the burial is associated with additional individuals can a familial relationship be assessed through DNA or other genetic markers identifiable within the skeletal remains (eg impacted third molar)

Can an exchange between burial practices in Britain and colonial Sydney be identified through the burial remains Is there evidence for alternative burial practices associated with additional cultures

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Environmental Factors and Scientific Analysis

What is the condition of the bones How does their condition compare to known or nearby burials of the same age What environmental or human factors may have influenced the decomposition process

Can the health nutrition sex race stature or age be identified through the skeletal remains Is there evidence of trauma on the bones Is there evidence of pathology on the bones (eg syphilis tuberculosis tumours)

If archaeobotanical analysis is carried out what can it tell us about the surrounding environment and nearby plant species Can prepost-European landscapes be determined within the archaeobotanical record

Can stable isotope analysis address any questions regarding diet country of origin and nutrition

Can DNA testing address any questions not answerable by the skeletal remains themselves such as sex familial relationships (if buried with another individuals) or race

Is there potential for DNA to be tested against any individuals who may come forward as a descendant of the deceased

42 Process for DNA Testing Isotope Analysis and Environmental Sampling

Pre-Excavation

The Excavation Director in consultation with the Forensic Anthropologist will nominate a suitable laboratory prior to works commencing Approval for the analysis of skeletal remains soil samples and material samples from the laboratory would also be sought prior to works commencing

Excavation

In order to prevent cross-contamination the following sample collection and excavation process should be followed

The location quantity and material (bone teeth hair soil wood) of samples will be determined by the Excavation Director or Forensic Anthropologist prior to its collection

Samples would be stored in a safe secure and climate controlled location while excavations are in progress This would be chosen by the Excavation Director or Forensic Anthropologist on site

Each collected sample would be given a unique catalogue number and a sample register would be recorded throughout the excavation

ldquoClean Excavationrsquo procedures would be followed during the excavation of burials and during the sample collection process7 This would include

7 Guidelines for lsquoclean excavationrsquo are based on procedures outlined in Yang D Y amp Watt K 2005

Contamination controls when preparing archaeological remains for ancient DNA analysis Journal of Archaeological Science vol 32 pp 331ndash336 and Society for Historical Archaeology 2015-2017 Research and Analysis of Artefacts Accessed online at httpsshaorgconservation- factsfaqanalysisC on 2552017

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Latex gloves would be worn by individuals excavating andor handling bone or soil samples Gloves would be changed for each bone andor individual to prevent cross-contamination

Excavation toolsbrushes would be cleaned prior to and after the collection of each sample to prevent cross-contamination

In some cases a face mask would be worn when samples for DNA analysis are being collected

Bone samples for DNA testing would be collected with surrounding in situ soil and should not be cleaned prior to bagging

It may be necessary for individuals involved in sample collection to submit DNA for comparison in the event of cross-contamination and

All bags containing samples for analysis would be bagged and labelled appropriately to prevent cross contamination and ensure they are handled and stored correctly

Post-Excavation

On completion of excavations samples will be transported to nominated laboratories for analysis A record of their location will be kept

43 Reporting

The results of the investigation of human remains and the exhumation will be included in the archaeological reporting for the project in accordance with the project AARD

Once finalised all archaeological excavation and data analysis reports will be submitted to

The relevant local Council and Library

The Heritage Office Library

The State Library of NSW and

Made available online for public access and educational purposes

Further if significant remains are identified during excavations the results and findings would be published in academic journals and conference papers where feasible

44 Public Involvement

Archaeological excavations may uncover remains directly associated with early settlement and burial practices Such remains are likely to generate public interest

Public involvement may include

Media releases

Public Open Days

Preparation of brochures detailing the archaeological excavations

Interpretive signage and online blog posts or site diaries while excavations are taking place and

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

The preparation of a Heritage Interpretation Plan designed to provide interpretation of the site within the new development upon the completion of works

Due to sensitive nature of human skeletal remains these recommendations would be adapted and modified as appropriate under the direction of Sydney Metro and the Excavation Director

Such recommendations would also be considered and require approval from relevant Stakeholder Groups such as known or potential descendants of the deceased NSW Heritage Heritage Council local Council and interest groups

45 Temporary Storage and Permanent Repository or Resting Place for Remains

Temporary Storage

Upon the completion of archaeological excavations skeletal remains should be boxed separately and temporarily stored within a safe secure and temperature controlled environment to allow for further analysis of the remains This location would be chosen by the Excavation Director and the Forensic Anthropologist and comply with NSW legislative requirements

Permanent Repository or Resting Place for Remains

A permanent repository or resting place for remains is dependent on the nature and volume of skeletal remains As this cannot be determined prior to excavations taking place the following recommendations should act as guidelines only Final arrangements would be dictated by Sydney Metro the Excavation Director Forensic Anthropologist identified descendants of the deceased andor Stakeholder Groups upon the completion of excavations and subsequent analysis

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

5 Definitions

All terminology in this Procedure is taken to mean the generally accepted or dictionary definition Other terms and jargon specific to this Procedure are defined inhttpsicentraltdocstransportnswgovauotcscsexeappnodes3574566

6 Related Documents and References

Related Documents and References

na

7 Superseded Documents

Superseded Documents

Exhumation Management Plan Version 22

Exhumation Management Plan Version 30

8 Document History

Version Date of approval Notes

11 May 2017 New IMS document

20 July 2017 Incorporates Stage 2 (Section 3)

21

February 2019

Extended for Metro Program wide application includes changes specific Central Station management incorporates comments received from the State Coronerrsquos Office NSW Police NSW Health Sydney Metro Environmental Environmental Representatives engaged on the Central site and the Office of Environment and Heritage

22 February 2019 Incorporates comments received from Artefact Heritage and Denise Donlan issued to Health and OEH HD for consultation

30 May 2019 Incorporates Health Coroner and OEH comments

40 April 2020 Updates to remove specific references to City and South West and Central Station

Change of title to ldquoProcedurerdquo

Update to references

9 Schedule of Acronyms

Acronym Meaning

AARD Archaeological Assessment and Research Design

ACHAR Aboriginal Cultural Heritage Assessment Report

AMS Archaeological Method Statement

CSSI Critical State Significant Infrastructure

ER Environmental Representative (Independent)

ExMP Exhumation Management Plan (this plan)

OEH Office of Environment and Heritage

PHU Public Health Unit

RAPs Registered Aboriginal Parties

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Appendix 1

NSW Heath Policy Directive for Exhumation of Human Remains

Policy Directive

Ministry of Health NSW 73 Miller Street North Sydney NSW 2060

Locked Mail Bag 961 North Sydney NSW 2059 Telephone (02) 9391 9000 Fax (02) 9391 9101

httpwwwhealthnswgovaupolicies

Exhumation of Human Remains

Document Number PD2013_046

Publication date 05-Dec-2013

Functional Sub group Population Health - Environmental

Summary This document provides the policy to be observed by NSW Health in receipt of an application to seek permission for approval of the exhumation of human remains under clauses 69-72 of the Public Health Regulation 2012 This Policy Directive will provide the conditions on which approvals may be granted for exhumation of human remains

Replaces Doc No Burials - Exhumation of Human Remains [PD2008_022]

Author Branch Environmental Health

Branch contact Environmental Health 94245823

Applies to Local Health Districts Environmental Health Officers of Local Councils Ministry of Health Public Health Units Public Hospitals

Audience Authorised officers from Public Health Units and local councils

Distributed to Public Health System Environmental Health Officers of Local Councils NSW Ambulance Service Ministry of Health Public Health Units Public Hospitals

Review date 05-Dec-2018

Policy Manual Patient Matters

File No 081292

Status Active

Director-General

This Policy Directive may be varied withdrawn or replaced at any time Compliance with this directive is mandatory for NSW Health and is a condition of subsidy for public health organisations

POLICY STATEMENT

Issue date December-2013 PD2013_046 Page 1 of 2

EXHUMATION OF HUMAN REMAINS

PURPOSE

This document provides the policy to be observed by Public Health Units located in Local Health Districts on receipt of an application to seek permission for approval of the exhumation of human remains under the Public Health Regulation 2012 Common reasons for exhuming bodies include to repatriate the remains overseas or to relocate the body to another cemetery plot or vault

MANDATORY REQUIREMENTS

Under Clause 69 of the Public Health Regulation 2012 a person must not exhume a body unless the exhumation of the remains has been approved by the Director-General

An application for approval to exhume the remains of the body of a dead person may be made to the Director General by

An executor of the estate of the dead person

The nearest surviving relative of the dead person

If there is no such executor or relative available to make the application a person who in the opinion of the Director-General is a proper person may make the application

An application is to be made in the approved form and it is to be accompanied by

A certified copy of the death certificate relating to the dead person

A statutory declaration as to the relationship of the applicant to the dead person and the dead persons wishes if any regarding the disposal of his or her body

An application fee

Under Clause 71 of the Public Health Regulation 2012 the Director-General may

Grant an approval to exhume the remains of a body

Refuse the application

Under Clause 72 an exhumation cannot take place without an authorised officer or a Ministry of Health staff member present A person must not proceed with an exhumation if the authorised officer or Ministry of Health staff member who is present at the exhumation orders the exhumation to stop

Under Clause 78 if the applicant seeks to have the exhumed body cremated a separate application can be made for an exemption from providing the required cremation documentation provided the body has been buried for longer than 10 years The minimum 10 year period is strictly enforced An application under this clause is to be accompanied by a fee of $100

IMPLEMENTATION

Authorised officers in Public Health Units of Local Health Districts are responsible for assessing applications for exhumation of human remains and either approving with a set of conditions or rejecting the application Authorised officers should ensure that all of the required document has been submitted with the application fee and that an appropriate person has applied for the application The approval granted is valid for a period of three months after the approval is granted

POLICY STATEMENT

Issue date December-2013 PD2013_046 Page 2 of 2

REVISION HISTORY

Version Approved by Amendment notes

December 2013 PD2013_046

Deputy Director- General Population and Public Health

This document is an updating of the original document due to legal changes under the Public Health Regulation 2012

23 April 2008 PD2008_022

Director-General This document provided the policy to be observed by NSW Health in receipt of an application to seek permission for approval of exhumation of human remains under clauses 25 ndash 28 of the Public Health (Disposal of Bodies) Regulation 2002 It provided the conditions upon which approvals could be granted for the exhumation of human remains

ATTACHMENTS

1 Exhumation of Human Remains Procedures

Exhumation of Human Remains PROCEDURES

Issue date December-2013

PD2013_046

Exhumation of Human Remains

Issue date December-2013 PD2013_046 Contents Page

PROCEDURES

CONTENTS

1 BACKGROUND 2

11 Introduction 2

12 Key definitions 2

13 Legal and legislative framework 3

2 APPLICATION REQUIREMENTS 6

3 APPROVAL BY PUBLIC HEALTH UNITS 7

31 Delegation 7

32 Special Considerations on Exhumation Approval 7

33 Conditions of Approval 8

34 Approval Instrument 8

35 Notification of Approval 8

36 Refusals 8

37 Cremation of Remains 8

APPENDIX 1 10

APPENDIX 2 11

APPENDIX 3 12

APPENDIX 4 13

APPENDIX 5 14

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 2 of 14

1 BACKGROUND

11 Introduction

Exhumation of human remains may occur for a number of reasons including

To satisfy family wishes where the family of the deceased person may want the remains to be moved to another burial ground to another part of the state or country or abroad or even to have the remains cremated

To obey Coronial orders requiring exhumation for forensic (criminal) investigation

To enable the use of closed cemeteries for redevelopment or for the construction of new infrastructure such as a road or airport

A variety of people including authorised officers cemetery authorities and funeral directors are involved at different stages of exhumation procedures

Public Health Units (PHUs) of Local Health Districts (LHDs) in NSW facilitate the approval for an exhumation however there is no obligation to proceed with an exhumation once it has been approved

The objectives of this document are

To assist authorised officers with processing applications to exhume

To standardise the management of an exhumation so as to prevent a public health risk and protect community amenity in the handling of remains

12 Key definitions

These definitions are repeated from the Public Health Act 2010 and Public Health Regulation 2012 for clarity

Body Means the body of a dead person but does not include

the cremated remains of the person

Burial Includes putting the body in a vault

Cemetery Authority Means the person or body that directs the operations of a cemetery

Coroner Means a person who exercises or performs the functions of a coroner in accordance with the Coroners Act 2009

Dead person Includes a still-born child (see definition of Still birth)

Exhumation Means the removal of a dead personrsquos remains (not being cremated remains) from a grave or vault but does not include their removal from one vault for immediate transfer to another vault in the same cemetery or their temporary removal for the purposes of reburial in the same grave or vault

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 3 of 14

Funeral director Means a person (other than the operator of a mortuary transport service) who in the conduct of the personrsquos business engages for the purpose of burial cremation or transport in the collection transport storage preparation or embalming of bodies or engages in the conduct of exhumations

Prescribed infectious diseases

Means any one of the following diseases avian influenza in humans diphtheria plague respiratory anthrax smallpox severe acute respiratory syndrome tuberculosis and any viral haemorrhagic fever (including Lassa Marburg Ebola and Congo-Crimean fevers)

Proper person The Director General has the power to decide whether a person is a lsquoproper personrsquo to make an application to exhume the remains of a dead person

Nearest surviving relative

Means (a) In relation to a still-born child a parent or sibling at or above the age of 16 years of the child (b) In relation to a dead person who is not a still-born child ndash the spouse or de facto partner of the dead person immediately before death a parent of the dead person a child at or above the age of 16 years of the dead person or any relative of the dead person who was residing with the dead person when he or she died

Still-birth Consistent with the Births Deaths amp Marriages Act 1995 means the birth of a child that exhibits no sign of respiration or heartbeat or other sign of life after birth and that (a) Is of at least 20 weeksrsquo gestation (b) If it cannot be reliably established whether the period of gestation is more or less than 20 weeks has a body mass of at least 400 grams at birth

13 Legal and legislative framework

Public Health Regulation 2012

Division 4 of Part 8 of the Public Health Regulation 2012 provides specific regulation for the exhumation of bodies

Clause 69 Exhumation without approval prohibited

(1) A person must not exhume the remains of a body unless the exhumation of those remains has been

(a) Ordered by a coroner

(b) Approved by the Director-General

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 4 of 14

(2) However a funeral director may without a coronerrsquos order or Director-Generalrsquos approval transfer a coffin from a vault in a cemetery to a mortuary for the purpose of the coffin being immediately repaired and returned to the vault

(3) A funeral director must return the coffin to the cemetery within 24 hours of its transfer

Clause 70 Application to exhume remains

(1) An application for approval to exhume the remains of the body of a dead person may be made to the Director-General by

(a) An executor of the estate of the dead person

(b) The nearest surviving relative of the dead person

(c) If there is no such executor or relative available to make the application a person who in the opinion of the Director-General is a proper person in all the circumstances may make the application

(2) An application is to be made in the approved form and is to be accompanied by

(a) A certified copy of the death certificate relating to the dead person

(b) A statutory declaration as to the relationship of the applicant to the dead person and the dead personrsquos wishes if any regarding the disposal of his or her body (so far as any such wishes are known to the applicant)

(c) An application fee (please check with the PHU for the current fee)

(3) In this clause death certificate means a certificate given by a medical practitioner as to the cause of death or issued under the Births Deaths and Marriages Registration Act 1995

All applications to exhume remains must be made in writing using an approved form to the Director of the local Public Health Unit that acts on behalf of the Director-General of the NSW Ministry of Health The application fee may increase periodically in line with the Consumer Price Index

Clause 71 Approval to exhume remains

(1) The Director-General may

(a) Grant an approval to exhume the remains of a body subject to any conditions specified in the approval

(b) Refuse the application

(2) An approval granted under this clause remains valid for three months from the date of the approval or for a period agreed to by the Director-General

The PHU is not bound to approve the application The PHU may approve subject to conditions or refuse the application An approval is normally given for 3 calendar months and this date will be specified in a schedule of conditions attached to the approval document Any further extension of time may require re-application and re-approval An approval initially for longer than three calendar months should be negotiated with the PHU

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 5 of 14

Clause 72 Exhumation not to take place without authorised officer present

(1) A person must not proceed with an exhumation unless an authorised officer or a member of staff of the Ministry of Health is present at the exhumation

(2) A person must not proceed with an exhumation if the authorised officer or Ministry staff member who is present at the exhumation orders the exhumation to stop

The grave may be excavated to the lid of the coffin but nothing must be disturbed until the arrival of the authorised officer An authorised officer must be present at the exhumation to ensure that the correct interment is opened to ensure that all of the remains are exhumed and to enforce the protection of public health should this be necessary The authorised officer has the power to order that the exhumation be stopped immediately under adverse circumstances An example of where this may occur is where the weather is very poor with heavy rain The initial order to stop is to be given verbally and then confirmed in writing to all parties involved within 24 hours

Division 5 of Part 8 of the Public Health Regulation 2012 provides for cremation of deceased persons

Clause 78 No cremation without documentation

Clause 78 does not apply to a cremation of the body of a dead person that has been buried for at least 10 years if the cremation is carried out in accordance with an exemption granted by the Director-General following an application by

1) An executor of the estate of the dead person

2) The nearest surviving relative of the dead person

3) If there is no such executor or relative available to make the application a person who in the opinion of the Director-General is a proper person in all the circumstances to make the application

This is a new addition to the Exhumation section of the Regulation that may be used where a person makes a separate application to have the exhumed body cremated following the exhumation

Note The Director-Generalrsquos authority under Clause 78 (4) of the Public Health Regulation 2012 (Delegations Manual page 866 delegation (PH590)) is the power to decide whether a person is a ldquoproper personrdquo to make an application in the absence of an executor or surviving relative

Work Health and Safety Act 2011

The Work Health and Safety Act 2011 and Code of Practice for Excavation provisions apply to protect personnel involved in the exhumation procedure by creating and maintaining safe and healthy work practices Graves crypts and vaults could be considered to be confined spaces in some circumstances under health and safety legislation The Work Health and Safety Act 2011 makes reference to working in confined spaces

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 6 of 14

WHampS matters are enforced by WorkCover NSW More information on safe work practices is available at httpwwwworkcovernswgovaudefault or by contacting Workcover NSW direct on 13 10 50

Heritage Act 1977

The Heritage Act 1977 and Guidelines for the Management of Human Skeletal Remains under the Heritage Act 1977 applies to relic burials Any burial site over 50 years old is considered to be relic under the Heritage Act If the site is listed on the State Heritage Register then approval is required from the Heritage Council of NSW

An application must be made to the Heritage Office before any disturbance removal or work commences on the site Approval for an exhumation under the Public Health Regulation 2012 does not obviate the necessity to obtain approval under the Heritage Act 1977 For further information contact the Heritage Office of NSW or visit httpwwwheritagenswgovau

Coronerrsquos Act 2009

A coroner may order an exhumation for the purposes of forensic investigation or a criminal investigation Such an order is outside the ambit of the Public Health Regulation 2012 The Police may request that an authorised officer from the Ministry of Health or the local Public Health Unit be present at the coronial exhumation

Births Deaths and Marriages Registration Act 1995

Section 41(2) of the Births Deaths and Marriages Registration Act 1995 requires that if human remains (other than cremated remains) are removed from NSW the funeral director or other person who arranges for the removal of the remains from NSW must within 28 days of disposal of the remains outside NSW give the Registrar notice of the new location of interment The act is available at httpwwwaustliieduauaulegisnswconsol_actbdamra1995383 The Registry of Births Deaths and Marriages may be contacted via httpwwwbdmnswgovau

2 APPLICATION REQUIREMENTS

An application for permission to exhume the remains of a deceased person is to be made to the PHU on the approved form which is contained at the NSW Ministry of Health website at httpwwwhealthnswgovauenvironmentdotdDocumentsform-c70- application-to-exhumepdf

The application must be made by either

An executor of the estate of the deceased

The nearest surviving relative

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 7 of 14

If there is no such executor or relative available to make the application a person who in the opinion of the Director-General is a proper person in all the circumstances to make the application

The application must be accompanied by

A certified copy of the death certificate (death certificate issued by the Registry of Births Deaths and Marriages)

A statutory declaration that states

The relationship between the applicant and the deceased or the reason the applicant is the proper person to make the application

If the deceased left any instructions regarding the disposal of their bodyremains if known

In addition to the above an applicant should declare that he or she has consulted each nearest surviving relative and that they have no objection to the proposed exhumation

An application fee (please check with the PHU for the current fee)

Note If there is no agreement amongst nearest surviving relatives the applicant should seek independent legal advice regarding this issue The applicant should advise if there is an intention to cremate the body following the body being exhumed and the appropriate form completed

3 APPROVAL BY PUBLIC HEALTH UNITS

Approval by PHUs for an exhumation must be given by formal correspondence

31 Delegation

The Director-Generalrsquos authority under clauses 69(1) 70(1)(c) and 71 of the Public Health Regulation 2012 has been delegated to the Chief Health Officer Director Health Protection Public Health Officer or Public Health Unit Director as appointed under Section 121 of the Act (delegation PH308 PH309)

32 Special Considerations on Exhumation Approval

Special consideration should be given to the approval of an exhumation if the deceased was infected with a prescribed infectious disease For example if the deceased was infected with diphtheria or tuberculosis exhumation should not permitted in the first year of interment

Although not prohibited an exhumation of the remains of a body that was buried without a coffin will be approved only where the cemetery authority and funeral director have agreed to proceed with the exhumation especially during the first three years of interment

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 8 of 14

33 Conditions of Approval

After due consideration of the application and the statutory declaration(s) the PHU should then consider applying appropriate conditions to facilitate an approval

There are two standard sets of approval conditions which can be applied as appropriate

Appendix 2 ndash Schedule A - Conditions of Approval for Exhumation from a Grave

Appendix 3 ndash Schedule B - Conditions of Approval for Exhumation from an Above Ground Structure

Any other additional conditions that are deemed necessary to permit the exhumation may be added to schedule A or B based on the individual circumstances of the exhumation If some conditions are unwarranted they may be removed from the relevant schedule

34 Approval Instrument

An approval must be in writing and must be signed the Director General or their delegate A template to assist in the approval process can be found at Appendix 4 This template is to be completed by the Authorised Officer in order to facilitate approval by the delegate

35 Notification of Approval

The approval instrument is retained on file as a record that approval was granted by the Director General or their delegate Therefore it is necessary to advise the applicant the cemetery authority and the funeral director of the approval

The attached letter templates may be used for approval notification of the exhumation to the applicant funeral director and Cemetery Authority

Appendix 5 ndash Sample Letter to Applicant

Appendix 6 ndash Sample Letter to the Cemetery Authority and Funeral Director

36 Refusals

If after due consideration the application is to be refused then the applicant should be notified in writing specifying the reasons for refusal Ideally the applicant should consult the PHU in the first instance to discuss the requirements and possible restrictions on an application to exhume

37 Cremation of Remains

Division 5 of Part 8 of the Public Health Regulation 2012 sets out the requirements for documentation for cremations in NSW and includes the requirement for a cremation application form a cremation certificate and the cremation permit The documentation confirms the identity of the body to be cremated and the cause of death and ensures that a coronerrsquos investigation has been conducted where necessary

After the body is exhumed the next of kin may wish to have the body cremated However there may be cases whereby the body does not have the required paperwork necessary for cremation Clause 78 of the Public Health Regulation 2012 provides an exemption for

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 9 of 14

the required documentation for cremation where the body has been buried for longer than 10 years An application under this clause is to be accompanied by a fee

The Director General has the power to approve an exemption and the executor or the nearest surviving relative or another proper person may make application on form lsquoApplication for Exemption by the Director ndash General to the Requirement for Documentation for Cremation to Proceed Permission for Cremation of Exhumed Remains of a Body Buried more than 10 years ago with statutory declarationrsquo The minimum 10 year period will be strictly enforced and this matter should be clarified prior to any exhumation approval where it is planned for the remains to be subsequently cremated The application form is available at httpwwwhealthnswgovauenvironmentdotdDocumentsform-c78-application-for- exemptionpdf

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 10 of 14

APPENDIX 1

Schedule A

CONDITIONS OF APPROVAL FOR EXHUMATION FROM GRAVE

1 The exhumation is to be carried out in the presence of a Public Health Unitrsquos authorised

officer or other authorised officer of the NSW Ministry of Health or Local Council authorised Officer and person appointed by Cemetery Authority

2 At least 48 hoursrsquo notice of the exhumation arrangements shall be given to the Public Health Unit

3 Day and time of the exhumation shall be arranged by the participating parties and agreed

to by the Public Health Unit

4 The approval granted is valid for a period of three months and shall lapse on unless a further approval is granted

5 The presence of any relative of the deceased at the exhumation is strictly prohibited

6 No animals are to be permitted within the exhumation site

7 The cemetery authority and funeral director shall be responsible for the work health and safety of all persons involved in the exhumation and shall ensure that all NSW WorkCover requirements are complied with

8 If during the course of the exhumation it is determined necessary to stop the exhumation

by either the exhumation supervisor cemetery manager or authorised Officer for any valid reason eg work health and or public health risk then the exhumation must cease

9 The remains of the deceased shall be enclosed in a body bag and placed into a new coffin

with a name plate attached inscribed with the name of the deceased

10 The remains of the original coffin are to be placed in the new coffin where possible Where there is an excess of remains of the original coffin these remains should be disposed in a sanitary and agreed manner

11 Excavated soil should be back filled The soil that was removed from immediately above

and around the coffin should be replaced first

12 If the exhumed remains are to be transferred to another cemetery a funeral director shall be contracted to transfer the remains from the cemetery grounds or carry out preparatory work for the safe reinterment of the remains

13 The exhumation will not proceed during or following a period of heavy rainfall within the preceding 24 hours of the appointed time of exhumation The cemetery manager is to confirm that satisfactory conditions exist for the exhumation to proceed two hours prior to the commencement of the exhumation

14 Used disposable protective equipment and materials are to be placed in a sealed plastic

bag and disposed of in a sanitary manner

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 11 of 14

APPENDIX 2

Schedule B

CONDITIONS OF APPROVAL FOR EXHUMATION FROM ABOVE GROUND STRUCTURE

1 The exhumation is to be carried out in presence of a Public Health Unit authorised officer or other authorised officer of the NSW Ministry of Health or Local Council authorised Officer and person appointed by Cemetery Authority

2 At least 48 hoursrsquo notice of the exhumation arrangements shall be given to the Public Health Unit

3 Date and time of the exhumation shall be arranged by the participating parties and agreed to

by the Public Health Unit

4 An approval granted is valid for a period of three months and shall lapse on unless a further approval is granted

5 The cemetery authority and funeral director shall be responsible for the work health and safety of all persons involved in the exhumation and shall ensure that all NSW WorkCover requirements are complied with

6 If during the course of the exhumation it is determined necessary to stop the exhumation by

either the exhumation supervisor Cemetery Manager or authorised officer if for any valid reason eg worker health andor public health risks then the exhumation must cease

7 Used disposable protective equipment and materials are to be placed in a sealed plastic bag

and disposed in a sanitary manner

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 12 of 14

APPENDIX 3

LETTERHEAD

APPROVAL INSTRUMENT TEMPLATE

Public Health Unit Environmental Health Section

File Number [XXXXX]

PURPOSE To approve of the exhumation of the late

RECOMMENDATION

Approval is granted by the Director General pursuant to clause 71(1)(a) Public Health Regulation

2012 to [NAME OF APPLICANT] to exhume the remains of the late [NAME OF DECEASED]

KEY ISSUES

[DETAILS OF THE APPLICATION STATUTORY DECLARATION RELEVANT ISSUES

MANAGEMENT PLAN AND JUSTIFICATION OF SUGGESTED CONDITIONS ARE TO BE

INCLUDED HERE]

BACKGROUND (TO BE COMPLETED BY PHU)

CONSULTATION (TO BE COMPLETED BY PHU WHERE APPROPRIATE)

The approval be subject to compliance with the conditions specified in Schedule A Schedule B

and to expire on

Signature Authorised officer

Author Telephone Date

1 Authorised officer

2 Public Health Unit Director Public Health Officer [SIGN AND DATE]

Approved via delegation from the Director-General PH308 PH309 page 863 Public

Health Delegations Manual under clause 69(1) and 70(1) (C) Public Health Regulation

2012

3 Authorised officer

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 13 of 14

APPENDIX 4

LETTERHEAD

SAMPLE LETTER TO APPLICANT

[APPLICANTrsquoS NAME] [ADDRESS]

Dear [APPLICANTrsquoS NAME]

Reference is made to your application of [DATE] requesting approval to exhume the remains of

late [NAME OF DECEASED] from grave vault crypt No Section [NAME OF

PLACE OF INTERMENT OR CEMETERY] for the purpose of re-interment to [NAME OF PLACE

FOR RE-INTERMENT]

Approval has been granted by the Director-General pursuant to clause 71 (1) (a) Public Health

Regulation 2012 subject to compliance with the conditions specified in Schedule A Schedule B

attached

The funeral director and cemetery authority have been advised of the approval

Should you have any inquiries please contact the authorised officer [EHO] on [TELEPHONE] or (EMAIL ADDRESS)

Yours sincerely

[NAME] Public Health Unit DirectorPublic Health Officer

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 14 of 14

APPENDIX 5

LETTERHEAD

SAMPLE LETTER TO CEMETERY AUTHORITY AND FUNERAL DIRECTORS

[NAME] [ADDRESS]

[DATE]

Dear [NAME]

EXHUMATION OF THE REMAINS OF THE LATE [NAME OF DECEASED]

Approval has been granted for the exhumation of the late [NAME OF DECEASED] from grave

vault crypt No Section [NAME OF PLACE OF INTERMENT OR

CEMETERY] in accordance with clause 71(1) (a) of the Public Health Regulation 2012 and

subject to compliance with the conditions specified in Schedule A Schedule B attached

A copy of the approval letter is attached for your information

Should you have any inquiries please contact [Authorised Officer) on [TELEPHONE] or email address

Yours sincerely

[NAME] Public Health Unit DirectorPublic Health Officer

Unclassified

Sydney Metro Exhumation Procedure v40 (final)

Unclassified

Addendum 2

NSW Heath Permit Application form

copy Sydney Metro 2017 Page 23 of 24

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

APPLICATION TO EXHUME REMAINS PUBLIC HEALTH REGULATION 2012 Clause 70(2)

In accordance with the requirements of Clause 70 (2) of the Public Health Regulation 2012 I helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Full name of applicant)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby (Address)

apply for permission to exhume the remains of the late helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Name of deceased)

from Grave Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Section helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip being a single

interment within the helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCemetery for the purpose of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

I seek permission to exhume for the following reasons

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

The deceased (cross out which is not applicable)

was not known to be infected with a prescribed infectious disease as defined in clause 53 of the Public Health Regulation 2012 or

was known to be infected with a prescribed infectious disease as defined in clause 53 of the Public Health Regulation 2012

I am entitled to make this application because I am (tick one)

1 [ ] The executor of the estate of the deceased or

2 [ ] The nearest surviving relative of the deceased or

3 [ ] If there is no such executor or relative available to make the application another the proper person to make the application for the reasons set out below

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Full reasons for proper person to make application) Attached is

1 A certified copy of the death certificate of the deceased

2 A statutory declaration as to

My relationship to the deceased and

the wishes of the deceased regarding the disposal of the body (if known)

the reasons why the Director-General may consider me the proper person in all the circumstances to make the application (if applicable)

3 The application fee of $helliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicant)

The exhumation is to be supervised in strict accordance with the attached Plan of Management

by helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

employed with helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(Funeral DirectorCemetery)

in the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Form C70

Unclassified

copy Sydney Metro 2017 Unclassified Page 24 of 24

ExMP v30 (final)

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

bttp wwwshd nsw gay auQQpulat onhealthPubtic Healthhtml

NSW

Public Health Unit ll iI I

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 57 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 6 - Air Quality amp Dust Management Sub Plan Responsibility

Objectives amp Targets

Refer to the Site Objectives amp Targets (section 57 of this CEMP) Minimise gaseous and particulate pollutant emissions from construction activities as far as feasible and reasonable Identify and control potential dust and air pollutant sources

Project Manager

Performance Criteria

100 Compliance with Client amp legal requirements 100 achievement with Site Objectives amp targets 100 achievement of relevant Sydney Metro CEMF objectives

Project Manager

Mitigation Measures

General Site related dust identifiable fumes odours and vapours will not infringe beyond site boundaries where practical

Project Manager

Training and Competency

As part of the Site Induction workers will be informed of the Site specific controls required for air quality and dust management including - Correct use of PPE - Use of monitoring equipment - Methods to control dust

Project Manager

Greenhouse Gases

Regular maintenance of plant and equipment for optimum performance will be undertaken to keep emissions to a minimum and increase plant productivity

Vehicles and equipment must be fitted with appropriate emission control equipment and routinely maintained Plant should be switched off when not in use wherever practicable

All plant equipment and vehicles are to be regularly monitored and maintained and records kept of maintenance Engine tampering to increase power output is prohibited

Air emissions from plant vehicles and equipment should be visually monitored throughout construction

Comply with National Greenhouse Emission Reporting Scheme (NGERS) reporting requirements

Project Manager

Dark Smoke

All internal combustion engines will be regularly serviced to ensure optimum operation and minimise the volume of visible smoke emitted Any Plant or light vehicles emitting unreasonable smoke (concentrations higher than normal operation) will cease operation and be serviced by a trained and qualified technician

Materials on site will not be burned intentionally without consulting and obtaining the authorisation of the relevant Local Shire Fire Authority and Client The burning of any material on site should be a last option after alternative methods have been considered

All

Dust Monitoring

The following dust monitoring methods will be applied on the Site

Obtaining weather reports from the Bureau of Meteorology (BOM) website Visual inspection

Project Engineer

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 58 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 6 - Air Quality amp Dust Management Sub Plan Responsibility

Dust Control

Dust control methods to be applied on the site to keep dust generated within the site boundaries as reasonably practicable will be

- Wind fencing around the site or between the site and local residences - Application of waterdust suppressant via water carts - Hydro mulching to stabilise soils - Physical application of ground cover - Cessation of works in adverse weather conditions - Restricted speed limits on site - Reschedule dust generating activities to avoid adverse weather conditions - Communicate dust risk and mitigation measures to staff prior to commencing work

All

Fumes Odours and Vapours

The Site will endeavour to keep the generation of emission of unreasonable levels of fumes odours and vapours to a minimum Refer to the Waste Management Sub Plan and Hydrocarbon and Chemical Environmental Management Sub Plan which detail storage and handling controls that minimise fumes odours and vapours

All

Environmental Inspections amp Monitoring

Daily (Visual) and weekly (documented)

General observation for dust mitigation measures onsite Weekly inspections using Georgiou Beakon inspection form

All staff

Reporting HSEQ Monthly Management Meeting Monthly Environmental Performance Report

Project Manager

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 59 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 7- Noise Vibration and Light spill Management Sub Plan Responsibility

Objectives amp Targets

Refer to the Site Objectives amp Targets (section 57 of this CEMP) Minimise unreasonable noise and vibration impacts on residents and businesses Avoid structural damage to buildings or heritage items as a result of construction vibration Undertake active community consultation Reduce visual impact of construction to surrounding community Maintain positive cooperative relationships with schools childcare centres local residents and building owners

Project Manager

Performance Criteria

100 Compliance with Client amp legal requirements 100 achievement with Site Objectives amp targets 100 achievement of relevant Sydney Metro CEMF objectives

Project Manager

Mitigation Measures

Community

The nearest noise and vibration sensitive receivers will be notified of future works and expected levels of noise and vibration well in advance of the works occurring Notifications will be in accordance with the Community Communications Strategy

Information will be provided to the affected community before and during construction through media such as letterbox drops meetings or individual contact A website will also be established for the project to provide information

A toll-free 24hour project hotline will be provided for enquiries and complaints during the works

Sydney Metro and Georgiou Project Manager

Training and Competency

As part of the Site Induction workers will be informed of the site specific management required

for noise and vibration including

- Sensitive receivers - Hours of works - Correct use of plant and equipment - Monitoring requirements

Standard hours of construction

Approved standard hours of construction are Monday to Friday

7 am to 6 pm Saturday 8 am to 1 pm No work on Sundays or public holidays

Project Manager

Out of Hours works Any out of hourrsquos works will require a noise assessment and approval by Sydney Metro through the out of hourrsquos application (Appendix 7A)

Project Engineer Environmental Site Representative

Plant Equipment amp Vehicles

All operators of plant will comply with requirements of the Construction Traffic Management Plan in relation to parking and laydown access and egress to site haulage routes and general site traffic movements

Plant will be fitted with appropriate noise emissionvibration control equipment Plant will be fitted with adequate seat suspension

Plant Department

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 60 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 7- Noise Vibration and Light spill Management Sub Plan Responsibility

Plant should be switched off when not in use wherever practicable Tasks using equipment that causes vibration to hands will be rotated at intervals to reduce

exposure Consideration may be given to the use of anti-vibration PPE All plant equipment and vehicles are to be regularly monitored and maintained and records kept

of maintenance Any abnormalities in expected noise or vibration emissions will be recorded in the plantrsquos log

book and reported to the plant department Prioritise the use of hydraulic concrete shears jaw crushers coring and wire sawing in lieu of

rockbreakers for demolition of structures Use of smaller capacity rockbreakers or lower vibration generating rockbreakers Consider methods of isolating the vibration sensitive structure from the vibration intensive work

area by severing the vibration transmission path using non-vibration intensive means such a sawing

Lighting of construction areas (if required) would be orientated to minimise glare and light spill impacts on adjacent receivers

Monitoring

Continuous vibration monitoring will be undertaken whenever vibration generating plant will be working close to or within the recommended minimum working distances

When conducting vibration monitoring within or near the minimum working distances a warning system will be implemented including one or both of an audible andor visual warning alarm andor SMS andor email alerts to site staff

Attended noise monitoring will occur at the nearest noise sensitive receiver when - Requested by Sydney Metro - When noise levels are predicted to exceed the NML by more than 10dBA - When out of hours works continue past midnight - When noise complaints are received

Noise monitoring will determine if the predictions in the noise assessment were accurate

Project Engineer Environmental Site Representative

Environmental Inspections amp Monitoring

Daily (Visual) and weekly (documented)

General observation for noise and vibration mitigation measures onsite Weekly inspections using Georgiou Beakon inspection form

All staff

Reporting HSEQ Monthly Management Meeting Monthly Environmental Performance Report

Project Manager

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 61 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 7A ndash Sydney Metro Out of Hours Application form

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 1 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

Out of hours work application form

This form is to be used for formal review and approval of out of hours (OOH) work as it may affect Residential and non-residential receivers This form can be used in accordance with the SM-17-00005396 City amp Southwest out of hours work protocol Each OOH application and all applicable appendices must be submitted to Sydney Metro as one PDF file at least 15 business days prior to the commencement of the proposed OOH work

1 OOH Application

Sydney Metro Project

Eg City amp Southwest Greater West West etc

Contract

Contractor

Application Title

Eg lsquoSmith St service relocation worksrsquo

Application Number

Eg 1 2 3 etc

Application Date

Original submission date (resubmission date in parentheses if applicable)

Relevant Planning Approval

Environment Protection Licence (EPL)

If subject to an EPL state title and number

2 Proposed OOH Work Details

Description of works including

Work methodologies

List of plantequipment to be used (worst case scenario)

Location Map (andor Environmental Control Map) attached as Appendix 1 indicating location of works plantequipment locations and receivers (including distance to nearest receiver for noisiest plantequipment)

Traffic Management Plan andor Traffic Control Plan if applicable as Appendix 2

Timing of works

Including proposed datestimes works are planned to be undertaken outside standard hours

Worst-case number of consecutive occasions affecting the same receiver

Refer to Section 4 for definition of lsquooccasionrsquo

Justification

Demonstrate how the proposed OOH work has been scheduled in accordance with the OOH work period prioritisation list Program acceleration is generally not accepted as a justification

Unless specified otherwise in project-specific documentation the prioritisation of work time periods is as follows

Standard Hours 7am to 6pm weekdays and 8am to 1pm Saturdays (note that Standard Hours for works subject to the City amp Southwest Sydenham to Bankstown planning approval also include 1pm to 6pm Saturdays)

Daytime OOH 1pm to 6pm Saturdays and 8am to 6pm Sundays and Public Holidays

Evening OOH 6pm to 9pm every day

Night Time OOH 9pm to 7am weekday mornings and 9pm to 8am weekend and Public Holiday mornings

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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SM-17-00000115 CEMP Appendix 7A - OOHW application

3 Assessed Noise and Vibration Impacts and Standard Mitigation Measures

Are the proposed works consistent with a prepared Construction Noise amp Vibration Impact Statement (CNVIS) (YN)

If lsquoNrsquo skip this section and move to Section 4

State the title of the CNVIS and attach the section(s) describing the noise and vibration impacts of the proposed works as Appendix 3

Quantitatively summarise the worst-case predicted noise and vibration impacts specific to the proposed OOH work for each OOH period on the nearest receivers and compare these against the respective management levels

For Night Time OOH Period works include a review of potential sleep disturbance impacts in accordance with Section 43 of the ICNG

Worst-case predicted noise impact summary

Worst-case predicted vibration impact summary

Potential sleep disturbance summary (for night time OOH periods only)

Using Table 4 and Table 5 indicate in Table 6

Which Additional Mitigation Measures (AMMs) are applicable for consideration

Which of those applicable for consideration are planned to be implemented

For AMMs that are applicable for consideration but not being implemented justify why the AMM is not being implemented

For AMMs that are being implemented provide details on how the AMM is being implemented (eg which receivers being offered respite alternative accommodation etc)

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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SM-17-00000115 CEMP Appendix 7A - OOHW application

4 Non-Assessed Noise and Vibration Impacts

Skip this section if Section 3 has been completed in full

A quantitative noise assessment for OOH work is to be carried out in accordance with the Interim Construction Noise Guideline (DECC 2009) This section allows applicants to address these requirements through the following steps

1) Establishing Rating Background Levels (RBLs) and Noise Management Levels (NMLs)

2) Predicting the anticipated noise levels using a quantitative noise assessment

a Works that are not likely to generate high noise impacts for a significant duration may use a preliminary quantitative noise assessment (facilitated within this form) This ensures that all applications as a minimum include a preliminary quantitative noise assessment in accordance with the Interim Construction Noise Guideline (ICNG)

b Works that are likely to generate high noise impacts for a significant duration may require a detailed quantitative noise assessment (eg Construction Noise and Vibration Impact Statement) to be undertaken

c Works that are likely to generate ground-borne or structure-borne vibration andor noise require specialist advice and assessment

3) Comparing predicted noise levels against RBLsNMLs and applying standard mitigation measures as appropriate (ie implementing lsquoall feasible and reasonablersquo mitigation measures in accordance with the ICNG)

4) Considering additional mitigation measures when predicted noise levels exceed RBLsNMLs

The need for a detailed quantitative noise and vibration assessment will be considered by Sydney Metro the contractor and the Acoustic AdvisorEnvironmental Representative (if applicable) collectively when the predicted noise levels are anticipated to

Exceed an RBL at a residential receiver or an NML at a non-residential receiver by more than 10dBA AND

Affect the same receiver on 10 or more consecutive occasions An occasion is anytime works are carried out

o Between 6pm on a weekday and the start of standard hours the next day OR

o Between 1pm on a Saturday and 8am on a Sunday (or between 6pm on a Saturday and 8am on a Sunday for works subject to the Sydenham to Bankstown planning approval) OR

o Between 8am on a Sunday or public holiday and the start of standard hours the next day

A detailed quantitative noise and vibration assessment should generally include

Derivation of RBLs for residential receivers andor derivation of NMLs for non-residential receivers based on noise monitoring at representative locations and local sensitivities

Detailed noise predictions for daytime evening and night time OOH periods (as applicable) in accordance with Section 45 of the ICNG (including an outline of timing duration and predicted noise levels for each OOH period)

For Night Time OOH Period works a review of potential sleep disturbance impacts in accordance with Section 43 of the ICNG

Detailed predictions of vibration levels for sensitive receivers

Please complete the following Steps 1 to 4

Step 1

RBLsNMLs

If RBLs for residential receivers or NMLs for non-residential receivers have already been established (eg in an Environmental Impact Statement Review of Environmental Factors detailed quantitative noise assessment or Construction Noise and Vibration Impact Statement for other work activities) enter into Table 3 and attach the supporting evidence as Appendix 3

If no RBLsNMLs have been established use Table 1 to estimate and enter into Table 3

Step 2

Predicted Anticipated Noise Levels

If predicted anticipated noise levels have already been established (eg in an Environmental Impact Statement Review of Environmental Factors detailed quantitative noise assessment) enter the predicted anticipated noise levels into Table 3 and attach the supporting evidence as Appendix 3

If predicted anticipated noise levels have not already been established use Table 2 to estimate anticipated noise aspects for the noisiest plantequipment and enter into Table 3 In Table 3 use these values to calculate the anticipated predicted noise levels

Step 3

Exceedances and Mitigation Measures

Compare the anticipated predicted noise levels to the applicable RBLsNMLs calculate the exceedances and enter into Table 3 In Section 5 provide a description of the standard mitigation measures that are planned to be implemented in order to mitigate the noise impacts (and vibration impacts if relevant) as much as lsquofeasible and reasonablersquo in accordance with the ICNG

Step 4

Consideration of Additional Mitigation Measures

Use Table 4 and the exceedances in Table 3 to determine the applicable Additional Mitigation Measures for consideration Use

Table 6 to indicate which of these measures are applicable for consideration which will be implemented and provide justificationdetails accordingly

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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SM-17-00000115 CEMP Appendix 7A - OOHW application

5 Standard Mitigation Measures

Outline the standard noise mitigation measures that will be implemented during the proposed OOH work

Ie Implementation of all lsquofeasible and reasonablersquo mitigation measures in accordance with the ICNG)

Outline the standard vibration mitigation measures that will be implemented during the proposed OOH work

Ie Implementation of all lsquofeasible and reasonablersquo mitigation measures in accordance with the ICNG)

Table 1 Noise RBLs and NMLs

Skip this section RBLs and NMLs have already been established in other documentation

Sensitive Receiver Category Estimated RBLs (dBA)

Residential Daytime OOH Evening OOH Night Time OOH

Urban (eg city hubs near busy roads near industrial activity) 55 50 45

Suburban 45 40 35

Quiet rural or isolated 40 35 30

Non-Residential ICNG NMLs (dBA)

Industrial facilities 75 (only applicable when in use)

Offices or retail 70 (only applicable when in use)

Health and educational facilities 55 (only applicable when in use)

Table 2 Predicted Noise Level Aspects

Skip this section if predicted noise levels have already been established in other documentation

Noise Aspect Select the most applicable value for each noise aspect below and enter into Table 3 dBA

1 PlantEquipment Noise Level at 10m

Including non-continuous use reduction (-5dBA) and annoying activity penalty (+5dBA) for as per ICNG (refer to ICNG Appendix B for predicted noise level data)

Underline indicates vibratory generating plantequipment

Impact sheet piling rig 100

Hand-held tamper excavator with hammer rock-breaker drivenvibratory piling concrete saw diamond saw air track drill large dozer hand-held rail grinder

95

Jackhammer rock crusher angle grinder pneumatic hammer medium dozer tracked loader impact wrench

90

Mainline tamper ballast regulator dynamic track stabiliser vibratory roller mainline rail grinder ballast train (pourfill ballast) chainsaw tub grinderlarge mulcher scraper grader super-suckervacuum truck large backhoewheeled front-end loader bored piling pavement profiler fixed crane tracked excavator

85

Small bulldozer small excavator tower crane truck-mounted crane forklift bobcat skid-steer front-end loader road trucktruck and dog dump truck concrete truckpumpmixer compressor non-vibratorylarge pad foot roller whacker packercompactor water cart pavement laying machine asphalt truck and sprayer line marking truck standard penetration testing welder pin puller

80

Concrete vibrator cherry-picker scissor liftelevated work platformFranna crane small backhoe front end loader fence post driver electric drill rig hand held rattle gun generator (dieselpetrol) spreader

75

Lighting tower medium-rigid trucksemi-trailer welding equipment small front end loader 70

Light vehicle hand-tools (no impact) small cement mixer attenuated generator (inside housing)

65

2 Multiple Plant More than one of the noisiest plant being used simultaneously at roughly the same location +5

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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SM-17-00000115 CEMP Appendix 7A - OOHW application

3 Local Screening

Existing screening between site and receiver (buildings cuttings canopies etc) - 5

Temporary screening to be implemented near work site - 10

Acoustic shed or enclosure - 25

4 Distance Attenuation

lt 10 metres 0

10 to 20 metres - 5

20 to 35 metres - 10

35 to 60 metres - 15

60 to 100 metres - 20

100 to 180 metres - 25

180 to 350 metres - 30

350 to 1000 metres - 40

Table 3 Predicted Noise Levels and Exceedances of RBLs andor NMLs (dBA)

Skip this section if Section 3 has been completed in full

Period

(only complete as applicable for each period)

Noisiest PlantEquipm

ent

(state the noisiest

plantequipment to be used during each applicable

OOH period)

Receiver Type

(state lsquoResrsquo or lsquoNon-Resrsquo as applicable for

closest receiver to noisiest

plantequipment)

Enter the most applicable values from Table 2 then add to determine

the Predicted Noise Level

Pre

dic

ted

No

ise L

evel

(1 +

2 +

3 +

4)

RB

L (

for

Res)

NM

L (

for

Non-R

es)

Exceedance

(Predicted Noise Level minus RBL for Res or NML for

Non-Res) 1

Pla

nt

Eq

uip

me

nt

No

ise L

evel

2

Mu

ltip

le

Pla

nt

Eq

uip

me

nt

3

Lo

cal

Scre

en

ing

4

Dis

tan

ce

Att

en

ua

tio

n

Daytime OOH

Evening OOH

Night Time OOH

Refer to OOH period timings under Section 2 of this form

Table 4 Additional Mitigation Measures (AMM) requiring Consideration for Implementation

OOH Period

AMMs that must be considered for implementation

(apply the exceedances from Table 3 to the two OOH period categories below as applicable)

lt= 10 dBA Exceedance

10 to lt= 20 dBA Exceedance

20 to lt= 30 dBA Exceedance

gt 30 dBA Exceedance

Daytime OOH Period ndash LB M LB M IB LB PC RO SN

Evening and Night Time OOH Periods

ndash M LB M IB LB PC SN RO M IB LB PC SN RO AA

AA is only applicable to Night Time OOH periods

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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SM-17-00000115 CEMP Appendix 7A - OOHW application

Table 5 List of Additional Mitigation Measures (AMM)

AMM Abbrev

AMM AMM Descriptions and Guidance

LB

Letterbox-drop

(generic to the project)

A newsletter is generally produced and distributed to the local community via letterbox-drop and the project mailing list These newsletters provide an overview of current and upcoming works across the project and other topics of interest The objective is to engage inform and provide project-specific messages The geographic extent of letterbox-drops is generally centred on the immediate surrounding community within 200 metres from the works site

For works that are subject to the Sydenham to Bankstown planning approval these will include an indicative schedule of likely OOH work for at least the upcoming two month period

M Monitoring

Where it has been identified that specific construction activities are likely to exceed the relevant Rating Background Levels (RBL) andor Noise Management Levels (NMLs) monitoring may be conducted at the affected receiver(s) or a nominated representative location (typically the nearest receiver where more than one receiver have been identified) Monitoring can be in the form of either unattended logging or operator attended surveys The purpose of monitoring is to inform the relevant personnel when the RBLNML has been exceeded so that additional management measures may be implemented

IB Individual Briefings

Individual briefings are used to inform stakeholders about the impacts of high noise activities and mitigation measures that will be implemented Communications representatives would visit identified stakeholders at least 48 hours ahead of potentially disturbing construction activities Individual briefings provide affected stakeholders with personalised contact and tailored advice with the opportunity to comment on the project

PC Phone calls

(andor emails)

Phone calls andor emails (with specific notifications attached) detailing relevant information would be made to identifiedaffected stakeholders within seven days of proposed work The objective of the phone calls andor emails is to support letterbox-drop and specific notifications Phone calls andor emails provide affected stakeholders with personalised contact and tailored advice with the opportunity to provide comments on the proposed work and specific needs

SN

Specific Notifications

(specific to the OOH work)

Specific notifications are letterbox-dropped to identified stakeholders no later than 7 days prior to out of hour construction activities commencing that are likely to exceed the RBLsNMLs Specific notifications may be produced by Sydney Trains or by Sydney Metro (or on behalf of Sydney Metro by a contractor as approved by Sydney Metro)

- Sydney Trains specific notifications cover all works being undertaken by various parties (including Sydney Metro) during designated rail possession periods These specific notifications are delivered 14 days prior to works commencing and are delivered to all properties located within 250m of the proposed works

- Sydney Metro specific notifications focus on proposed Sydney Metro works being undertaken outside of designated rail possession periods and are only produced in the absence of any Sydney Trains notifications covering the proposed works These notifications are delivered 7 days prior to works commencing and are delivered to all properties located within 100m of day works and within 200m of night works

All notifications are emailed to all registered stakeholders on site-specific email distribution lists

For works that are subject to the Sydenham to Bankstown planning approval these will include indicative information on the type of OOH work location duration expected noise characteristics expected noise level and likely mitigation and management measures

RO Respite Offer

The purpose of a project specific respite offer is to provide residents subjected to lengthy periods of noise andor vibration impacts respite during OOH periods Respite offers are offers made to affected receivers to provide a period of either no or limited noise impacts This can be in the form of stopping or limiting works onsite or offering affected receivers dinnermovie vouchers The first priority is to implement a period of no or limited noise impacts If this cannot be achieved dinnermovie vouchers may be offered on a case-by-case basis

AA Alternative

Accommodation (residential only)

Alternative accommodation options may be provided for residents living in close proximity to construction works that are likely to incur unreasonably high impacts during night time OOH periods Alternative accommodation will be considered on a case-by-case basis

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 7 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

Table 6 Consideration of Additional Mitigation Measures (AMM)

Additional Mitigation Measures

Applicable for Consideration

YN

(refer to Table 4)

To be Implemented

YN

JustificationDetails

For AMMs that are applicable for consideration but not being implemented justify why the AMM is not being implemented

For AMMs that are being implemented provide details on how the AMM is being implemented (eg which receivers being offered RO AA etc)

LB

M

IB

PC

SN

RO

AA

For OOH work that is subject to the Sydenham to Bankstown approval and RO is required for consideration include in the lsquoJustificationCommentsrsquo column how community consultation influenced the decision to implement or not implement RO in accordance with Condition E23 If RO is being implemented include how community consultation influenced the manner in which RO is being implemented

6 Consideration Against Relevant Vibration Criteria

Using Table 2 indicate whether any vibratory plantequipment is planned to be used for the proposed works (YN)

If lsquoNrsquo skip this section and move to Section 7

lsquoPeoplersquo Criterion

Are the proposed works anticipated to have any perceptible sleep disturbance impacts (YN)

lsquoStructuresrsquo Criterion

Are the proposed works anticipated to generate greater than 75mms vibration impacts on surrounding structures (generally within 25 metres of works) (YN)

lsquoSensitive Equipmentrsquo Criterion

Are the proposed works anticipated to impact sensitive equipment located in surrounding non-residential receivers (YN)

If lsquoYrsquo is answered to ANY of the above criteria AND the impacts affect the same receiver for more than one consecutive occasion (refer to Section 4 for lsquooccasionrsquo definition) the need to prepare a detailed quantitative assessment will be considered collectively by Sydney Metro the contractor and the Acoustic AdvisorEnvironmental Representative (if applicable)

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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SM-17-00000115 CEMP Appendix 7A - OOHW application

7 City amp Southwest Construction Noise amp Vibration Strategy Addendum Mitigation Measures

If the proposed OOH work is part of the City amp Southwest project identify any mitigation measures to be implemented that have arisen from the City amp Southwest Construction Noise amp Vibration Strategy Addendum

8 Cumulative Impacts

Document the relevant details of any other OOH work (Sydney Metro or otherwise) that will impact the same receivers as those being impacted by these proposed works either concurrently or within 3 days of the start or end of these proposed works

If other works have been identified in the row above how have the proposed works been coordinated to ensure appropriate respite is provided

9 Community Consultation

What community consultation has been undertaken already

What community consultation is planned to be undertaken

If drafted already attach applicable Community Notification as Appendix 4

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 9 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

10 Contractorrsquos Signature

Contractorrsquos Identification of Risk Level

If subject to the Chatswood to Sydenham (C2S) or Sydenham to Bankstown (S2B) planning approval and not subject to an EPL provide Contractorrsquos Identification of Risk Level (refer to the City amp Southwest OOH Works StrategyProtocol for guidance)

Circle LOW or HIGH

Contractorrsquos Signature

Name

Title

Contact Number

Date

11 Contractorrsquos Contact Details

Contractor Personnel Name Mobile

Manager Environment

Manager Communications

Contractorrsquos Representative

Contractorrsquos 24hr contact person

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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SM-17-00000115 CEMP Appendix 7A - OOHW application

C2SS2B Planning Approval Determination Page

Step 1 ndash Endorsement from Sydney Metro Director Public

Communications or Contractorrsquos Communications Manager

Step 2 ndash Risk IdentificationEndorsement from the AA under the C2S Planning Approval or from the

ER under the S2B Planning Approval

Step 3 ndash If works are under Sydney Trains EPL approval from Sydney Metro Director of Planning Environment and Sustainability

If works are not under an EPL approval from either the ER or the Secretary of the NSW Department of Planning amp Environment

Risk Level NA

If not subject to an EPL circle Risk Level as LOW or HIGH

If works are HIGH Risk Level and after 9pm Sydney Metro submits application to the Secretary of the

NSW Department of Planning amp Environment for approval

NA

Signature

Approved Road Occupancy LicenceRoad Opening Permit (if applicable) must be sighted prior to endorsement

Name

Role

Date

Comments

(including AAER Risk Level comments if applicable)

Conditions

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 11 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

Generic Determination Page (ie not subject to C2S or S2B planning approvals)

Step 1 ndash Sydney Metro Director of

Project Communications

Step 2 ndash Acoustic Advisor

(may be optional depending on planning approval or contract requirements)

Step 3 ndash Environmental Representative

(may be optional depending on planning approval or contract requirements)

Step 4 ndashSydney Metro Director of Planning Environment amp Sustainability

(only required if not approved already)

Action Endorsement Circle Endorsement or Approval Circle Endorsement or Approval Approval

Signature

Approved Road Occupancy LicenceRoad Opening Permit (if applicable) must be sighted prior to endorsement

Name

Date

Comments

Conditions

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 12 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

Appendix 1 Location Map (andor Environmental Control Map)

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 13 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

Appendix 2 Traffic Management Plan andor Traffic Control Plan

(if applicable)

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 14 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

Appendix 3 Supporting Evidence for Noise amp Vibration Impacts (eg Construction Noise amp Vibration Impact Statement noise assessment etc)

(if applicable)

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 15 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

Appendix 4 Community Notification

(if applicable and already drafted)

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 62 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 8 ndash Contaminated Land Management Sub Plan Responsibility

Objectives amp Targets

Refer to the Site Objectives amp Targets (section 57 of this CEMP) Any site contamination will be effectively managed to limit the potential risk to human health and the environment Spoil will be managed to avoid contamination of land or water Prioritise reuse of contaminated spoil into the project rather than offsite reuse or disposal

Project Manager

Performance Criteria

100 Compliance with Client amp legal requirements 100 achievement with Site Objectives amp targets 100 achievement of relevant Sydney Metro CEMF objectives

Project Manager

Planning and assessment

Planning

The Golders Douglas Partners contamination assessment report (June 2020) considered investigation results and data from previous relevant Sydney Metro West (SMW) investigations in the general area The physical characteristics of the soil on site as determined by the above report is described as ldquofill material described as containing evidence of anthropogenic materials including ash gravels terracotta tile fragments bricks and glass In addition to this sandstone bedrock was regularly encounteredsuspected to be present (eg drilling method refusal) during the pavement investigation This evidence implies that there is a wide variety of soil types and materials across the Site associated with natural and historical anthropogenic related activities The findings included elevated concentrations of heavy metals (copper nickel zinc) encountered at one location on the Site and several within close proximity to the Site However the exceedances were considered to pose a low risk to ecological receptors given that the majority of the Site is covered in asphalt hardstand with very low potential for exposure to subsurface soils Elevated concentrations of BaP were encountered in several boreholes within close proximity to the Site Once again the risks to ecological receptors from these were considered low due to the presence of asphalt hardstand at the Site Asbestos was identified at one borehole SMW_BH415 at a depth of 05 m The laboratory reported that chrysotile was detected below the reporting limit of 01 gkg The report considered due to the location access nature of the ACM (bonded) that there is a low risk of exposure to potential receptors Should the soil not be able to be reused on site further sampling assessment and waste classification must occur for any soil that is to be disposed offsite in accordance with the Sydney Metro Waste Classification Procedure (Appendix 1A)

Project Manager HampS Manager

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 63 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 8 ndash Contaminated Land Management Sub Plan Responsibility

Unexpected finds of contamination onsite

In the event that contamination is identified on site Appendix 8A will be followed for soil contamination excluding Asbestos material For unexpected Asbestos Finds Appendix 8B will be followed

Supervisors All workers

Assessment

If any potential contamination is discovered during construction the soil will be excavated and transported to the stockpile area for assessment which may include sampling by a suitably qualified environmental consultant

The assessment must consider whether the material is suitable to return to site for reuse with consideration to the final land use and pathways and receptors for the contaminants

Laboratory testing associated with the assessment will be prioritised to 24 hour turnaround to mitigate any delay where required

The assessment detailing the type extent and management options for the contaminated soil must be provided to Sydney Metro before proceeding to either reuse or dispose of material

For unexpected Asbestos finds the controls listed in the section below must be followed before any excavation and transport to stockpile or offsite

Project Manager Supervisor Environmental scientist

Asbestos management measures

Access Restrictions

Signs and barriers will be erected to warn of the danger and to prevent unauthorised people entering areas where asbestos contaminated fill material is being excavated handled

The location and extent of any access control areas will be agreed in discussion between the Project Manager Project Engineer HSE Advisor and the Environmental Coordinator and will be established in accordance with NOHSC2002 (2005) Code of Practice for the Safe Removal of Asbestos (2nd Ed) guidelines

Potential entry points to the asbestos work area should be signposted or labelled in accordance with AS 1319 (1994) Safety Signs for the Occupational Environment and NOHSC 2002 (2005b)

Earthworks Engineers Licenced removal contractor Supervisors

Asbestos Removal

For unexpected Asbestos finds the Certified Occupational Hygienist will conduct a risk assessment to demine Air monitoring requirements and any other PPE and management controls prior to removal (see air monitoring section)

All removal procedures for asbestos should be undertaken under the supervision of an appropriately licensed contractor which is either ASA or ASB depending on the material being removed The removal of material shall be monitored by a relevantly trained supervisor in accordance with the Code of Practice for the Safe Removal of Asbestos [NOHSC 2002 (2011)]

You must be licensed to remove asbestos except if removing 10 square metres or less of non-friable asbestos

Engineers Certified Occupational Hygienist Licenced removal contractor

Workcover notification Permit to Work

A permit to work authority will need to be issued to and signed by the contractor Workers engaged in the removal of asbestos on site will not be issued with a permit to work unless

Engineers Licenced removal contractor

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 64 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 8 ndash Contaminated Land Management Sub Plan Responsibility

they are employed by a company holding a removal licence issued by WorkCover NSW appropriate for the type of asbestos materials concerned

Workcover must be notified at least five days prior to commencement of asbestos removal work

Safe Work Method Statement and Asbestos Removal Plan

All notification and permit applications for removal of asbestos in soils must be accompanied by a site risk assessment (Asbestos Removal Plan) carried out by a competent or licensed person who determines If the asbestos is bonded or friable The extent of contamination A safe work procedure for the remediation of the site

Engineers Licenced removal contractor

Dust Control

In order to remove the asbestos safely we shall be using the ldquowet methodrdquo to carry out these works The wet method includes continuously keeping the soil with asbestos fragments watered so as to eliminate the asbestos dustfibres becoming airborne An exclusion zone of 10m (or whatrsquos appropriate ndash depending on limitations) will be isolated from the rest of the site using fencing or bunting Any personnel that do not have the correct PPE or relevant training will not be allowed in this area

Supervisors Earthworks Engineers

Clearance

Following the excavation and removal of asbestos contaminated material a licenced asbestos assessor will conduct inspections and sampling (where required) in the excavation to confirm that no asbestos remains A clearance report will be issued and works can recommence in the area

Licenced Asbestos Assessor

All potential contaminated finds

Training

A toolbox must occur for all worker for unexpected contamination finds procedure They will also be informed of the Site specific controls required for management of contamination in soil Site access restrictions Correct use of PPE Decontamination procedures Use of monitoring equipment Waste handling procedures Dust control measures and performance measures

all workers

Stockpile Contingency Measures

The following contingency measures will be put in place should stockpiling of potential contaminated soils be required All potential contaminated stockpiles will be separated by lot numbers and sign posted to

avoid any cross contamination Any temporary stockpiles of asbestos contaminated soil will be maintained under moist

conditions and remain covered at all times Sediment controls will be installed downslope of all contaminated soil stockpiles In order to confirm that all contaminated soil has been removed an Environmental

Consultant (ADE) will conduct a visual inspection or sampling of the material below the

Supervisors Earthworks Engineers

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 65 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 8 ndash Contaminated Land Management Sub Plan Responsibility

stockpile and provide a clearance certificate or the like as legislated The Environmental Consultant will advise of the validation criteria dependant on the contamination of the soil

Material tracking for contaminated finds assessed as suitable for onsite reuse

Where suspected contaminated material is identified the material will be tracked from the area in which the material was identified to its location in stockpile (lot number)

For all material assessed as suitable for reuse onsite the material will be tracked from its stockpile location to final destination for reuse onsite Survey will determine the m3 and the location of the final destination

All materials movements associated with unexpected contamination finds will be recorded on the materials tracking register

Supervisors Earthworks Engineers

Waste classification for materials assessed unsuitable for onsite reuse

Waste classifications are required for any excavated soil or fill material which is to be disposed off-site Soil or fill material to be taken off-site for disposal shall be assessed in accordance with the waste classification guidelines (NSW EPA 2014) Materials excavated from the site should be tracked from lsquocradle to graversquo in order to provide detailed and accurate information about the location and quantity of all materials from the time of their excavation until their disposal For any truck or bin leaving the site the following information would be recorded origin of material material type waste classification report approximate volume truck andor bin registration number Receiving licenced facility For all soils known or having the potential to contain asbestos the following applies The POEO Act defines lsquoasbestos wastersquo as any waste that contains asbestos including

fragments or fibres It is understood that as a result the NSW EPA considers asbestos contaminated soil to be an asbestos waste In addition the Protection of the Environment Operations (Waste) Regulation 2014 provides certain requirements for the transportation of asbestos It is understood that the NSW EPA requires any management of soil containing asbestos waste on or off the site to be at least equal to controls set out by the Regulation

All asbestos contaminated soil or fill leaving site will be transported in a leak proof covered vehicle and disposed of at a licensed facility in accordance with waste classification guidelines (NSW EPA 2014)

Earthworks Engineers Licenced removal contractor ESR

Environmental Monitoring amp records

Air Monitoring

If asbestos removal work that requires a Class A licence that means it is friable then you must get the licensed asbestos assessor occupational Hygienist to undertake air monitoring of the asbestos removal area Monitoring for airborne asbestos in accordance with the Guidance Note on the Membrane Filter Method for Estimating Airborne Asbestos Fibres

Earthworks Engineers Licenced removal contractor Hygienist

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Appendix 8 ndash Contaminated Land Management Sub Plan Responsibility

[NOHSC 3003(2005)] the analysis should be carried out by a NATA accredited laboratory during the removal operations Refer to Clause 50 and 51 for the WorkCover 2011 Safety Regulation for requirements

For other contaminated soil the occupational hygienist may determine that the risks associated with their disturbance and handling requires air monitoring

Record Keeping

The records associated with management of contaminated land that should be kept include Material tracking register including lots volume and type Asbestos Removal Plan (ARP) Asbestos Register Airborne Monitoring Reports Calibration certificates for air monitors Clearance Inspection Reports or Certificates Waste classification reports Laboratory sampling results Landfill disposal dockets

Earthworks Engineers ESR HampS Manager

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Appendix 8A ndash Unexpected Contamination finds procedure

1 Introduction

The following unexpected contaminated finds procedure will be adopted in the event that potential contamination

is discovered during construction Implementation of this procedure will ensure that contamination is managed in

such a way as to avoid harm to the environment workers community and comply with relevant legislation

2 Identification of Contamination

An unexpected find of contamination is likely to comprise of any soil characteristic which is not a typical soil

material identified in previous contamination assessment reports The Golders Douglas Partners contamination

assessment report (June 2020) section 102 makes note of indicators of contamination as

Significant staining

Odours from Soils

Oily sheen on water leaving soils

Anthropogenic waste materials other than those identified in the report (ie Ash Gravels Terracotta Tile

Bricks and Glass)

Where the soil characteristics are consistent with the reports and the above indicators are not present then no

further assessment is required for onsite reuse

Examples of these indicators are shown below

Photo 1 - Significant Staining or odorous soils

Discoloured soil (soil with non-natural colouring) Pungent smelling soils - petroleum compost

putrefied sulphurous septic sweet aromatic odours

Photo 2 ndash Oily Sheen on water

Rainbow sheen on water surfaces in soil

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Photo 3 ndash Buried wastes

Buried oil drums chemical container

Photo 3 ndash Buried wastes

Buried demolition wastes (eg concrete tiles bricks asphalt timber metal

3 Potential risk areas of unexpected finds

The higher risk activities for encountering unexpected finds during construction activities are considered to be

excavation works that extend below road pavement layers and into general fill

Higher risk areas for encountering unexpected finds construction are considered to be

Areas of excavation that extend through general fill layers and into natural soils eg Stormwater trench

locations

Locations of excavation near previous Boreholes with identified contamination (see map below)

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4 Unexpected finds flow chart

If potentially contaminated soils are encountered the following steps must be followed

During excavationif visual indications of contamination are present such as significant stained soils

odorous soils sheen tarry or ashy material or unexpected anthropogenic material (other than what is

expected to be encountered on site) then

STOP EXCAVATION in the immediate affected area

Notify the Supervisor Environmental Site Rep and Client

Environmental consultant to conduct assessment on material to determine suitability for reuse onsite This

step may require sampling and lab analysis ndash undertake with quick 24hr turnaround

Suitable for onsite reuse

Provide client the results of assessment before proceeding to the next step

Appropriate geotechnical assessment

confirms the material is suitable for

proposed final land use

Yes

Maintain tracking register for the

soil from cradle to grave include

test results surveyed volume and

final destination

No Yes

Sample test and classify in

accordance with Appendix

1A ndash Sydney Metro Waste

Classification procedure

Contact environmental consultant and hygienist and provide details of the find Depending on the nature and type

of the find they may be required to attend site before any further excavation disturbance

Excavate the material to the extent of the potential contamination in 200mm thick layers and in 500mm

horizontal increments (Do not exceed design excavation extents) and move to stockpile area (Where it will be

allocated a lot number and signposted to avoid any cross contamination) For Asbestos follow specific

requirements in the unexpected Asbestos Finds Procedure Cover the stockpile and install controls around the

stockpile

Offsite disposal at licenced

landfill facility Maintain all

waste tracking and disposal

records

No

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5 Materials Tracking

A Material tracking Register will be used to ensure information is collected for unexpected finds materials

identification and traceability This register records all unexpected finds materials The material is carefully

inspected ensuring the following information is recorded

Source identification

Contamination assessment results

Waste classification report ndash if unsuitable for onsite reuse

Volume of material (survey)

Destination identification (survey)

This register will track the movement of soils between excavation and final deposition this includes stockpiling

testing and suitability classification will be recorded

In addition to this register a stockpile location map will be used to show the location and type of soil stored onsite

at the stockpile area The material class and stockpile number on the map will correspond with the information in

the register

6 Stockpile Management

The following contingency measures will be put in place should stockpiling of suspected contaminated soils be

required

All suspected contaminated stockpiles will be separated by lot numbers and sign posted to avoid any cross

contamination

Sediment controls will be installed downslope of all suspected contaminated soil stockpiles

7 Training

All site personnel (including sub-contractors) will undertake an induction to ensure that they understand the

potential contamination onsite as detailed in previous contamination assessment reports and this unexpected finds

procedure

A specific unexpected contamination finds toolbox will be conducted with all workers involved with excavation

works

Prior to commencement of each shift the Supervisor will inform all site personnel of any works involving

contaminated materials on site

8 Review

This Plan will be reviewed in the following circumstances

Following a site inspection or work review that highlights an unexpected risk associated with the

implementation of this procedure

Following a change in legislation

Following a change in construction methods

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Appendix 8B ndash Unexpected Asbestos finds procedure

1 Introduction

The following Asbestos Management procedure will be adopted in the event that potential asbestos containing

material (ACM) or actual asbestos is uncovered during construction Implementation of this procedure will ensure

that asbestos is managed in such a way as to avoid harm to site personnel visitors and the community

2 Areas of known asbestos contamination

No asbestos was identified with the footprint of the proposed road construction works However there was one

Borehole (BH 415) from previous contamination assessments adjacent to the boundary that identified asbestos at

05m bgs The laboratory result was chrysotile detected below the reporting limit of 01 gkg (see location on map

below)

3 Identification of Asbestos

Asbestos has been used in the manufacturing of various products and these products can be found in either friable

or non-friable form All products are also known as asbestos-containing material Friable asbestos products are

generally quite loose and when dry can be crumbled into fine material or dust with light pressure such as

crushing with your hand

Non-friable asbestos products are made from a bonding compound (such as cement) mixed with a small proportion

(usually less than 15) of asbestos Non-friable asbestos products are solid rigid and non-friable and cannot be

crumbled pulverised or reduced to powder by hand pressure The asbestos fibres are tightly bound in the product

and are not normally released into the air When theyre in good condition non-friable asbestos products do not

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normally release any asbestos fibres into the air They are considered a very low risk for people who are in contact

with them as long as appropriate safety precautions are used when they are disturbed Non-friable asbestos

products that have been damaged or badly weathered may also become friable for example crushed asbestos

cement sheeting Examples of non-friable and friable asbestos are shown below

Photo 1 ndash example of non-friable asbestos in soil This is Asbestos cement sheeting that although broken it is solid rigid and cannot be crumbled or pulverised by hand pressure

Photo 2 ndash example of friable asbestos ndash this was a section of Asbestos cement sheeting that is weathered and crumbles under hand pressure

Photo 3 ndash example of non - friable asbestos ndash Asbestos cement water pipe in good condition

Photo 4 ndash example of friable asbestos ndash water pipe wrapped with friable woven ACM textile

4 Unexpected Asbestos ACM finds flow chart

In the event that a person on site identifies or disturbs asbestos ACM the unexpected asbestos management

procedure during Construction is summarised below

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Discovery of suspected asbestos containing materials

STOP EXCAVATION in the immediate affected area Demarcate and isolate area from workers

Notify the Supervisor

Suitable for onsite reuse

Provide client the results of assessment before proceeding to the next

step

Appropriate geotechnical assessment

confirms the material is suitable for

proposed final land use

Yes

Maintain tracking register for the

soil from cradle to grave include

test results surveyed volume and

final destination

No

Sample test and classify

in accordance with

Appendix 1A ndash Sydney

Metro Waste Classification

procedure

Yes

Friable Non Friable

Proceed with Licenced

Asbestos removal work in

accordance with section 6 -

11 Remove to stockpile for

reuse assessment by

Environmental Consultant

No

Greater than

10m2 of non-

friable asbestos

contamination

Less than 10m2 of

non-friable

asbestos

contamination

Proceed with non-

licenced asbestos

removal and

disposal in

accordance with

section 5

Trained and competent person to identify the asbestos

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5 Non Licence Asbestos removal work

Where small fragments of ACM or suspected ACM are found and provided that

the total number of fragments is lt 20 or

the total surface area of the fragmentpiece is lt 1 m2 or

the fragments are spread over an area of lt 10 m2 and

the fragments are non-friable

If the unexpected find meets the criteria above a trained and competent person will collect any fragments and

place it in a 200 mm polythene bag for later disposal at an appropriate waste facility A detailed visual inspection

of the area will be carried out by the Environmental consultant which will involve wet raking of the areas to a

depth of 10 cm for any further fragments If no further fragments are identified works can continue

If during the visual inspection the Environmental consultant determines that the criteria described above are

exceeded or if suspected asbestos ACM continues to be identified during excavation works andor if it is thought

that any uncovered material might be considered asbestos containing and friable works will cease and the

Environmental consultant will assess the situation and determine an appropriate course of action

6 Licenced Asbestos removal work

A licensed asbestos removalist will be required for removal works where there is friable asbestos or the

contaminated area is greater than 10 m2 There are two types of asbestos removal licences Class A and Class B

The type of licence required depends on the type and quantity of asbestos or ACM to be removed as outlined

below

Licence type What asbestos can be removed

Class A Can remove any amount or quantity of asbestos or ACM including any amount of friable asbestos or ACM any amount of asbestos-contaminated dust or debris (ACD) Any amount of non-friable asbestos or ACM

Class B Can remove

any amount of non-friable asbestos or ACM Note A Class B licence is required for removal of more than 10 m2

of non-friable asbestos or ACM but the licence holder can also remove up to 10 m2 of non-friable asbestos or ACM

ACD associated with the removal of non-friable asbestos or ACM Note A Class B licence is required for removal of ACD associated

with the removal of more than 10 msup2 of non-friable asbestos or ACM but the licence holder can also remove ACD associated with removal of up to 10msup2 of non-friable asbestos or ACM

No licence required Can remove

up to 10 m2 of non-friable asbestos or ACM ACD that is associated with the removal of less than 10 m2 of non-friable

asbestos or ACM Not associated with the removal of friable or non-friable asbestos

and is only a minor contamination

The licensed asbestos removalist will prepare an Asbestos Removal Control Plan prior to the removal of any

asbestos ACM The Asbestos Removal Control Plan documents the specific control measures to be implemented to

ensure site personnel and others are not at risk when asbestos removal work is being conducted It includes how

the asbestos removal will be carried out including temporary storage the method tools equipment and PPE to be

used and the asbestos ACM to be removed including the location type and condition of the asbestos ACM

The Client will be informed prior to excavation or removal of asbestos or ACM If the removal activity is to occur in

the vicinity of any occupied residence or business the project Community Advisor will notify the affected

residents or business owners

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7 Signage and demarcation

Georgiou will install warning signs and labels to clearly identify asbestos affected areas and where asbestos related

work is being carried out Flagging will be installed to delineate the asbestos related areas and restrict

unauthorised persons from entering the asbestos removal work Stockpiles will be covered and labelled Signage

and flagging will stay in place until all licensed asbestos removal work is complete and a clearance certificate is

provided

8 Notification

Prior to the commencement of licensed asbestos removal works notification to SafeWork NSW is required

SafeWork NSW requires a minimum of 5 daysrsquo notice prior to the removal of asbestos and the notification will be

made by the licensed asbestos removalist

9 Air Monitoring

All air monitoring requirements will be determined and conducted by a licensed asbestos assessor (LAA) The

location and layout of the air monitors will be detailed within the Asbestos Removal Control Plan

Air monitoring requirements will vary depending on the type of asbestos being removed the location and position

of the asbestos The following rules should be applied when determine if air monitoring is required (extract from

Safe Work Australia ndash Code of Practice on How to Safely Remove Asbestos (2016)

For friable asbestos removal ndash Air monitoring is mandatory for all friable asbestos removal This includes prior

to dismantling an enclosure and for the purposes of the clearance inspection

For more than 10 msup2 of non-friable asbestos removal ndash Air monitoring is not required but may be considered to

be carried out by a licensed asbestos assessor or competent person to ensure compliance with the duty to

eliminate or minimise exposure to airborne asbestos and to ensure the exposure standard is not exceeded

Public Location ndash Air monitoring should be considered where the asbestos removal work is being undertaken in

or next to a public location

Exposure air monitoring ndash Air monitoring should be carried out at other times to determine a workerrsquos exposure

to airborne asbestos if based on reasonable grounds there is uncertainty as to whether the exposure standard

may be exceeded and a risk assessment by a competent person indicates it is necessary Since most uses of

asbestos are prohibited exposure monitoring should not be required frequently

The results of air monitoring will be made available as soon as possible to all workers on site The asbestos

supervisor will be notified immediately if the fibre count exceeds the recommended level in the Exposure

Standards for Asbestos as set out in the National Code of Practice How to safely remove asbestos

10 Clearance

Following removal of asbestos ACM the licensed asbestos removalist will arrange for a clearance inspection of the

area to facilitate the issue of a clearance certificate and allow construction to recommence in the affected area

The clearance inspection is conducted by

an independent licensed asbestos assessor for work that was carried out by a Class A licensed asbestos

removalist

an independent competent person for asbestos work that is not required to be carried out by a Class A licensed

asbestos removalist

To be independent the licensed asbestos assessor must not be involved in the removal of asbestos for that specific

job and is not involved in a business or undertaking involved in the removal of the asbestos for that specific job

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A clearance certificate will be issued if the independent licensed asbestos assessor or competent person is satisfied

that the asbestos removal area and the immediate area are free from visible asbestos contamination Entry to the

area will be permitted following confirmation of certification

11 Decontamination

Decontamination of site personnel PPE and tools used in asbestos removal work will minimise exposure and spread

of asbestos outside of the removal area

Personal decontamination will occur every time a worker leaves the asbestos removal work area and involves

removal of all visible asbestos dustresidue from PPE and Respiratory Protective Equipment using an asbestos

vacuum cleaner and or wet wiping with a damp cloth Disposable PPE is considered asbestos waste and will be

disposed of at an appropriate waste facility Non-disposable protective clothing will be laundered in a suitable

laundering facility that is equipped to launder asbestos-contaminated clothing

Workers must be aware of personal hygiene and ensure that they carefully wash when leaving an asbestos removal

area paying particular attention to hands fingernails face and head

Tools will be dismantled (where appropriate) cleaned under controlled conditions and decontaminated prior to

removal from the area or disposed of at a suitable off site location

12 Stockpile Management

The following contingency measures will be put in place for any temporary stockpiling of asbestos contaminated

soils

All asbestos contaminated stockpiles will be separated by lot numbers and sign posted to avoid any cross

contamination

Any temporary stockpiles of asbestos contaminated soil will be maintained under moist conditions and remain

covered at all times

Sediment controls will be installed downslope of all contaminated soil stockpiles

In order to confirm that all contaminated soil has been removed validation sampling beneath stockpiles will

occur by an Environmental Consultant

13 Asbestos contaminated soil for reuse onsite

Stockpiled asbestos containing soils will be assessed for beneficial re-use with the Site (NEPC 2013) Any soils

identified to contain asbestos with concentrations of bonded ACM less than the NEPC (2013) Health Screening Level

(HSL)-D applicable for the future commercial industrial land use could be reused onsite providing the following

Placement in a designated location preferably beneath a road alignment or other suitably capped area (min

300 mm lsquocleanrsquo (ie ENMVENM soils) to eliminate any potential airborne exposure pathway

Occupational hygienist and asbestos removalists on-site supervising relocation and placement

Maintenance of an Site Asbestos Register to record the extent nature of the ACM materials retained or

identified on-site

Any other requirements by Sydney Metro such as adherence to the CEMP etc and or land conditions

A Long-term Environmental Management Plan to manage the presence of asbestos impacted materials remaining

on-site would be required if the proposed soils to be re-used are exceeding the HSL-D limits for non-friable or

friable asbestos

If stockpiled soils are identified to contain any detectable concentrations of Friable asbestos material is

recommended to be disposed off-site given its friable nature

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14 Waste disposal

Where the ACM is assessed as non-suitable for onsite reuse the licensed asbestos removalist will classify and dispose

of the ACM at a licensed asbestos waste disposal site in accordance with NSW EPA guidelines (including Waste

Classification Guidelines (EPA 2014)) and relevant industry codes of practice

Disposal of ACM will be to an approved asbestos waste facility listed on the NSW EPA website The transportation of

asbestos waste by trucks must comply with the following requirements

Transporter must have the appropriate EPA license to transport asbestos waste

Asbestos contaminated soils are wetted down

Any part of any vehicle in which a person transports asbestos waste is covered and leak proof during

transportation

Georgiou will notify the Client prior to removal of ACM from site and will provide details of the proposed method

and location of disposal Georgiou will maintain records of all asbestos ACM disposed off site the location of the

facility at which it was disposed and any receiptcertificate issued by the facilitydisposal authority

15 Materials Tracking

A Material tracking Register will be used to ensure information is collected for the movement of all asbestos

contaminated soils The material is carefully inspected ensuring the following information is recorded

Source identification

Contamination assessment results

Waste classification report ndash if unsuitable for onsite reuse

Volume of material (survey)

Destination identification (survey)

This register will track the movement of soils between excavation and final deposition this includes stockpiling

and testing and suitability classification will be recorded

In addition to this register a stockpile location map will be used to show the location of asbestos contaminated soil

stored onsite at the stockpile area The stockpile number on the map will correspond with the information in the

register

16 Training

All site personnel (including sub-contractors) will undertake an induction to ensure that they understand the

potential risks associated with asbestos management locations of asbestos as detailed in previous contamination

assessment reports and this unexpected finds procedure

A specific unexpected contamination finds toolbox will be conducted with all workers involved with excavation

works and include the unexpected asbestos finds procedure Prior to commencement of each shift the Supervisor

will inform all site personnel of any works involving contaminated materials on site

17 Review

This Plan will be reviewed in the following circumstances

Following a site inspection or work review that highlights an unexpected risk associated with the

implementation of this procedure

Following a change in legislation

Following a change in construction methods

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Appendix 9 ndash Sydney Metro Incident and non-compliance reporting procedure

Unclassified

Unclassified

Environmental Incident and Non-

compliance Reporting Procedure SM-17-00000096

Sydney Metro Integrated Management System (IMS)

Applicable to Sydney Metro

Document Owner Manager Environment

System Owner Executive Director Safety Sustainability amp Environment

Status FINAL

Version 51

Date of issue 18 February 2019

Review date 11 February 2020

copy Sydney Metro 2019

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 2 of 19

Environmental Incident and Non-compliance Reporting Procedure

Table of contents 1 Purpose and scope 4

2 Introduction 4

3 Definitions 4

4 Accountabilities 5

5 Environmental Events 5

51 Worked Example ndash Classifying Environmental Events 7

511 Soil and Water Issue 7

512 Soil and Water Non-compliance 7

513 Soil and Water Incident 7

52 Notifiable Events 8

53 Event Types 8

6 Environmental Incident Classification and Management 10

61 Incident Classification 11

611 Class 3 Incidents 11

612 Class 2 Incidents 11

613 Class 1 Incidents 12

62 Incident Notification 12

621 Principalrsquos Representative (PR) 12

622 Environmental Lead (EL) 13

63 Incident Notification Reports 14

64 Incident Investigations 14

65 Environmental Incidents with Health and Safety Impacts 14

66 Reporting Pollution Incidents to Relevant Authorities 15

661 Maritime Related Incident Notification and Reporting 16

67 Environmental Compliance Register 16

7 Environmental Non-compliance 17

71 Non-compliance Rate 17

8 Corrective and Preventative Actions 18

81 Action Status 18

9 Related Documents and References 19

10 Superseded Documents 19

11 Document History 19

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 3 of 19

Environmental Incident and Non-compliance Reporting Procedure

Figures Figure 1 Environmental Event Classification Process 6 Figure 2 Environment Incident notification process for Class 1 and 2 Incidents 13

Tables Table 1 Examples of Notifiable Events 8 Table 2 Environmental Event Types and their descriptions 9 Table 3 Examples of Environmental Incidents 10 Table 4 Classification System for Environmental Incidents 11 Table 5 Contact details for Relevant Authorities 15

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 4 of 19

Environmental Incident and Non-compliance Reporting Procedure

1 Purpose and scope

This procedure documents the process to be used when classifying and reporting Environmental Events

This procedure applies to Sydney Metro and any contractor Sydney Metro engages to carry out works Principal Contractors must ensure their processes for managing Environmental Events is consistent with this document The requirement for consistency is documented in the Construction Environmental Management Framework (Section 33(f)) and shall be allocated as a contractual requirement to each delivery partner

2 Introduction

Sydney Metro is committed to minimising risks to the environment the rapid identification and rectification of breaches to Environmental Requirements and efficient and effective responses to Environmental Incidents that grows our ability to minimise harm and prevent future re-occurrences

This procedure defines an approach to classifying Environmental Issues Incidents and Non-compliances and establishes the immediate interim and long term actions that are taken in response to Environmental Events

3 Definitions

All terminology in this Procedure is taken to mean the generally accepted or dictionary definition with the following exceptions

Term Definition

Environment

means components of the earth including

a) land air and water and

b) any layer of the atmosphere and

c) any organic or inorganic matter and any living organism and

d) human-made or modified structures and areas and includes interacting natural ecosystems that include components referred to in (a)-(c)

Environmental Event

An occurrence that identifies actual or potential environmental impacts or non-compliances Events cans include conversations inspections incidents or failures of process

Environmental Harm Includes any direct or indirect alteration of the environment that has the effect of degrading the environment and without limiting the generality of the above includes any act or omission that results in pollution

Environmental Incident

An occurrence or set of circumstances as a consequence of which pollution (air water noise and land) or an adverse environmental impact has occurred or is likely to have occurred

Environmental Issue An occurrence or set of circumstances where Environmental Harm or Non-compliance could occur if not rectified

Environmental Non-compliance

A breach of an Environmental Requirement originating from Planning Approvals Environment Protection Licenses lease agreements and other requirements documented in environmental management plans

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 5 of 19

Environmental Incident and Non-compliance Reporting Procedure

Term Definition

Material Harm to the Environment

harm to the environment is material if

a) it involves actual or potential harm to the health or safety of human beings or to ecosystems that is not trivial or

b) it results in actual or potential loss or property damage of an amount or amounts in aggregate exceeding $10000 (or such other amount as is prescribed by the regulations) and

c) loss includes the reasonable costs and expenses that would be incurred in taking all reasonable and practicable measures to prevent mitigate or make good harm to the environment

It does not matter that harm to the environment is caused only in the premises where the pollution incident occurs

Terms and jargon specific to this procedure are defined within the Sydney Metro Glossary

4 Accountabilities

The Executive Director Safety Sustainability amp Environment is accountable for this Procedure Accountability includes authorising the document monitoring its effectiveness and performing a formal document review

Direct Reports to the Chief Executive are accountable for ensuring the requirements of this document are implemented within their area of responsibility

The Direct Reports to the Chief Executive who are accountable for specific projectsprograms are accountable for ensuring associated contractors comply with the requirements of this document if specified in the relevant contracts

5 Environmental Events

Environmental surveillance data is relied upon to inform Sydney Metro of performance trends to provide assurance that legislative requirements are being met and indicate where surveillance activities should be directed In order to rely upon environmental data for this purpose there needs to be a high degree of consistency in the manner by which it is collected and interpreted Due to the need for consistency any incidentNon-compliance procedure produced by a delivery partner to Sydney Metro is required to be consistent with the requirements of this document

The concept of Environmental Events forms a common starting point for understanding what types of occurrences should be managed and reported as Incidents and what should be reported as Non-compliances or Issues When an Environmental Event occurs a series of questions can be asked to consistently determine what type of event it is Commonly Environmental Events lead to three different processes

1 Reporting of an Environmental Incident

2 Reporting of an Environmental Non-compliance or

3 Reporting of an Environmental Issue

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 6 of 19

Environmental Incident and Non-compliance Reporting Procedure

Incidents and Non-compliances are recorded using the Environmental Incident and Non-compliance Report Form (SM ES-FT-403) and Environmental Issues are recorded through environmental inspection reports using the Environmental Inspection Information amp Summary Form (SM ES-FT-406) These paper based records are subsequently entered into the Sydney Metro Compliance Register (Section 67) which is used to disseminate the data and facilities reporting internally and externally Note where a Principal Contractor has submitted alternative processes and these have been approved by Sydney Metro they may also be used

The figure below shows the process by which Environmental Events are classified (Figure 1)

Figure 1 Environmental Event Classification Process

Where Environmental Harm has been caused the event will always be classified as an Environmental Incident regardless of whether one or more Environmental Requirements have been breached Only when an event occurs without harm being caused to the environment will it be classified as a Non-compliance or Issue It should be noted that the Incident management process still captures any breaches of Environmental Requirements and these incidents contribute towards the calculation of the NC Rate (Section 71)

This flowchart above is intended to be a guide and there may be situations where it is unclear exactly how an Environmental Event should be classified In these situations a judgement call should be made in consultation with your Manager

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 7 of 19

Environmental Incident and Non-compliance Reporting Procedure

51 Worked Example ndash Classifying Environmental Events

This Section provides a fictitious example of Environmental Events which fall into each of the three different categories The situations outlined below are provided to explain how event classifications are made The background for these worked examples is as follows

Sydney Metro is carrying out works in a newly established site and substantial earthworks are occurring to construct piers for an elevated viaduct A nearby creek contains a variety of important fish species and the local community are known to use this creek for recreational fishing The Environmental Impact Statement identified the creek as being at risk of increased sedimentation from dirty water run-off and the Conditions of Approval include a requirement to have a Progressive Erosion and Sediment Control Plan in place This plan has been produced and indicates that sediment fences must be in place at specific locations to capture dirty water run-off Regular daily inspections of the sediment controls are carried out by the contractorrsquos Environment Manager and an Independent Environmental Representative has commenced a monthly inspection on this site at 7 am on Thursday morning

511 Soil and Water Issue

The Environmental Representative notices a sediment fence has been knocked over in one of the areas indicated as requiring fencing on the ERSED plan It appears to have occurred recently and there is no record of rainfall in the last few days During the course of the inspection all other ERSED controls appeared to be in good condition and erected in accordance with the requirements of the Blue Book In this example no harm has yet been caused and no environmental requirement has been breached so the event is classified as an Environmental Issue which is raised on the inspection report with an action to reinstall the fence

512 Soil and Water Non-compliance

Alternatively the Environmental Representative might have noticed many sediment fences had been knocked down and in some areas an absence of sediment fences where the plan indicates they are required Despite there being no rain in recent days the Environmental Representative concludes that the requirements of the plan are not being followed and have been breached The event is raised as non-compliance and actions are set in place to re-enforce the requirements of the ERSED plan for that sites workforce as well as the immediate reinstatement of controls

513 Soil and Water Incident

Finally in a third scenario the Environmental Representative notices many sediment fences are down and some are absent where required by the plan However significant rainfall has occurred in recent days and the Environmental Representative determines that it is likely dirty water has escaped through the area into the nearby creek potentially causing harm to the fish population This event is classified as an Incident by the inspector and immediate notification is undertaken Similar controls are implemented as described above

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 8 of 19

Environmental Incident and Non-compliance Reporting Procedure

52 Notifiable Events

There are a number of Acts and regulations that include a specific requirement to notify a Regulatory Authority When an Environmental Event triggers one of these notification requirements we then also refer to that event as a Notifiable Event (Table 1)

The Principal Contractorrsquos Environment Manager must determine whether an event is notifiable and may rely upon advice from Sydney Metro if it is provided

Table 1 Examples of Notifiable Events

Event type Legislation Trigger for Notification

Pollution Incident

1

POEO Act 1997 Part 57 Where Material Harm has occurred contact the EPA Pollution Line as soon as practicable POEO (General)

Regulation 2009 Section 101

Land contamination

Contaminated Land Management Act 1997

Section 60(1)

As soon as practicable after becoming aware of contamination that exceeds the relevant investigation levels in the National Environment Protection Measure where a person has or will be exposed to the contamination

Discovery of an Aboriginal relic

National Parks amp Wildlife Act 1974

Section 89A

Director General of EPA in writing within a reasonable time after becoming aware Note this is not required for Projects approved under Part 52 of the Environmental Planning and Assessment Act (see section 115ZG) Notification and reporting is addressed in the relevant Infrastructure Approval

Discover Aboriginal Remains

Commonwealth Aboriginal amp Torres Strait Islanders Heritage Protection Act 1984

Section 20 Commonwealth Minister of the Environment in writing as soon as practicable after becoming aware

Discovery of a relic

Heritage Act 1977 Section 146

Heritage Council in writing within a reasonable time after becoming aware

Note -this is not required for Projects approved under Part 52 of the Environmental Planning and Assessment Act (see section 115ZG) Notification and reporting is addressed in Infrastructure Approvals

53 Event Types

Each Environmental Event is assigned a secondary classification of an Event Type for the purpose of data analysis and general environmental management They are grouped by areas of environmental management so that targeted auditing training or awareness initiatives can be initiated in response to emergent trends Each Event Type is explained in Table 2

1 Further information on reporting pollution incidents to EPA is provided in Section 66 Environmental

IncidentNon-compliance Report

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

Table 2 Environmental Event Types and their descriptions

Event Type

Applies To

Description Issue Incident

Non-compliance

Soil and Water bull bull bull

Covers the physical location chemical composition and ecology of soils and waterways Any event which changes these compositions is a Soil and Water event Within this event type all instances of contamination erosion and sedimentation of waterways is covered

Flora and Fauna bull bull bull Covers vegetation and vegetation communities as well as animals and animal habitat Any event where vegetation is felled or damaged animals are killed or injured or habitat is harmed or destroyed is covered

Waste and Spoil bull bull bull

Covers the management of Excavated Natural Material (ENM) and Virgin Excavated Natural Material (VENM) including on-site management and disposal and also the classification and management of Waste materials

Note that the transportation of spoil is covered under Traffic Transport and Access

Heritage bull bull bull Covers the management of known heritage artefacts or sites and the treatment of unexpected finds archaeological investigations and other impacts

Air Quality bull bull bull Covers the management of emissions of particulate matter odours and gasses used as air quality parameters from worksites

Noise and Vibration bull bull bull

Covers the management of airborne and ground borne noise and vibration and includes hold points on the commencement of any work where Out of Hours Works permits or Construction Noise Impact Statements are required

Community Stakeholder and Business

bull bull bull Covers the management of Community and Stakeholder requirements and includes complaint response procedure community management protocols and the maintenance of information on websites

Traffic Transport and Access bull bull bull

Covers the management of traffic inside and outside of sites including access points and parking requirements This event type also covers any requirements in relation to vehicles and vehicle maintenance or the transportation of waste and spoil

Spills and Leaks bull bull bull

Covers all instances where environmentally sensitive substances are held within a container which has the potential to leak or spill and covers pipes hoses fuel tanks storage tanks and plastic containers

Note Spills and Leaks specifically exclude anything in relation to the transport and deposition of sedimentation

Management Systems bull bull bull

Covers procedural or administrate processes that are common across all areas It specifically does not cover procedural or administrate processes which are unique to any of the other event types For example not completing a vegetation removal form prior to vegetation clearing is still a Flora and Fauna event

Note A good example of a Management Systems NC would be not reporting an Environmental Incident within required timeframes

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

6 Environmental Incident Classification and Management

Sydney Metro has defined an Environmental Incident as

An occurrence or set of circumstances as a consequence of which pollution (air water noise and land) or an adverse environmental impact has occurred or is likely to have occurred

Adverse environmental impact includes contamination harm to flora and fauna (either individual species or communities) damage to heritage items or adverse community impacts

Planning Approvals and Environment Protection Licences permit some environmental impacts and these are not intended to be captured as Environmental Incidents

Table 3 Examples of Environmental Incidents

Type Example Incident

Air Quality Odour that travels beyond the site boundary

Air Quality Dust exceeding reasonable levels without active management measures in place

Air Quality Operation or maintenance of plant in a manner that causes or has likely caused excessive air pollution

Soil and Water Discharge of water on or off site in a manner that causes or has likely caused water pollution without required approvals

Noise and Vibration Noise that travels beyond the site boundary as a result of poorly maintained plant or operation of plant in an inefficient manner

Noise and Vibration Failure to comply with the approved hours of work

Soil and Water

Where the chemical composition of soil or water has been detrimentally modified by a contaminant leading to potential or actual environmental harm For example rainfall causes a flow of water across a site that erodes soil and enters a waterway increasing the total suspended solids of that water body

Spills and Leaks

Where a substance has leaked from or spilt from a container that is designed to prevent that substance from escaping into the environment (including bunds fuels tanks chemical bottles and other containers)

Spills and Leaks specifically exclude anything in relation to the transport and deposition of sedimentation

Soil and Water Dispose of waste in a manner that harms or is likely to harm the environment

Flora and Fauna Harm or ldquopickrdquo a threatened species endangered population or endangered ecological community without required approvals

Flora and Fauna Damage to vegetation fauna or habitat including watercourses without required approvals

Heritage Damage disturbance destruction or works to heritage itemsrelics without required approvals

Heritage Damage disturbance or destruction of Aboriginal objects or places without required approvals

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

61 Incident Classification

Environmental Incidents are classified into one of three Classes that are based upon the consequence descriptors for environmental risks in the Sydney Metro Risk Matrix (refer to Sydney Metro Risk Management Standard) Each of these classifications trigger a variety of management actions andor legislative requirements depending on the severity of the consequence described where Class 3 represents minor consequences and Class 1 represents major consequences

This matrix is further sub-divided into consequence ratings ranging from C6 (low impact) to C1 (high impact) An incident transitions between a Class 3 to a Class 2 incident once material harm has been caused and transitions into a Class 1 incident once it is determined that the Environmental Harm caused in large-scale and cannot be remediated (Table 4)

Table 4 Classification System for Environmental Incidents

Class 3 Class 2 Class 1

C6 C5 C4 C3 C2 C1

No appreciable changes to

environment andor highly

localised event

Change from normal conditions

within environmental

regulatory limits and environmental effects are within site boundaries

Short-term andor well-contained environmental effects Minor

remedial actions probably required

Impacts external ecosystem and considerable

remediation is required

Long-term environmental impairment in

neighbouring or valued

ecosystems

Extensive remediation

required

Irreversible large-scale

environmental impact with loss of

valued ecosystems

611 Class 3 Incidents

These Incidents are events which cause Environmental Harm but do not cause Material Harm to the environment Normally Class 3 Incidents are not Notifiable Events and therefore a simple notification protocol is adopted whereby Sydney Metro must be notified within 48 hours verbally and in writing

In some cases it will be unclear whether Material Harm has been caused in the early stages of Incident Management If this is the case then the process for Class 2 Incidents is followed (see Section Class 2 Incidents) until it is clear that Material Harm has not been caused

A formal Incident Investigation report is not required for Class 3 Incidents however it is expected that the person responsible for completing the Incident Notification Report makes appropriate enquiries to determine the likely causal factors involved and assigns effective corrective actions

612 Class 2 Incidents

These Incidents are events which cause Material Harm to the environment and they always trigger notification of Regulatory Authorities These Incidents represent events that are far more serious than Class 3 Incidents and therefore strict communication protocols are required to ensure that effective and informed decisions are made (Figure 2)

The Environmental Lead contract Environment Manager and the Independent Environmental Representative must be notified verbally as soon as possible after the observer becomes aware of a Class 2 Incident

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

Class 2 Incidents must be investigated and the investigation must produce an investigation report containing corrective or preventative actions This investigation report must be provided to Sydney Metro within 7 days of the event unless another timeframe is agreed with the EL

Despite any arrangements for the submission of investigation reports an Incident Notification Report must be provided with all available information and submitted to Sydney Metro within 48 hours It is not expected that initial Incident Notification Reports for Incidents under investigation initially include actions as these will be informed by the findings of the investigation The report should be updated with actions resulting from the investigation when available

613 Class 1 Incidents

Class 1 Environmental Incidents are managed in the same manner as Class 2 Incidents expect where a determination is made by the Chief Executive (or delegate) that a Crisis Management Team should be activated In this situation the Sydney Metro Crisis Management Implementation Plan is followed

62 Incident Notification

When and Environmental Event occurs which causes Environmental Harm in all cases both verbal and written communication of the incident must be carried out immediately and within 48 hours respectively For Class 1 and 2 Incidents the notification process shown in Figure 2 must be followed Written communication of Environmental Incidents is via an Incident Notification Report (Section 63)

This process includes specific roles and responsibilities within Sydney Metro and our delivery Partners who are required to take notification actions in response to Incidents

This notification process has been developed to ensure that crucial information about Incidents is captured early and communicated to specific individuals who can ensure the Environmental Impacts are minimised and efficient and effective responses to the event are implemented

In particular the Principals Representative and the Environmental Lead for Sydney Metro play a crucial role in the communication of Incidents within Sydney Metro and these roles are explained in more detail below

621 Principalrsquos Representative (PR)

Each works package establishes a contractual interface for communication between the contracted party and Sydney Metro Generally this interface is between the Principal Contractors Project Director and an appointed representative of Sydney Metro called the Principals Representative

All formal written communications must pass between these two individuals electronically using TeamBinder The Principals Representative holds certain responsibilities in the Incident management Process outlined in Figure 2

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

622 Environmental Lead (EL)

Where this procedure is applied to a works package an Environmental Lead (EL) will be selected for the relevant works package The Environmental Lead must possess environmental experience and competency in managing Incidents and be a representative of Sydney Metro for those works This representative holds specific responsibilities outlined in Figure 2

Figure 2 Environment Incident notification process for Class 1 and 2 Incidents

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

63 Incident Notification Reports

For all Incidents an Incident Notification Report must be completed and submitted to Sydney Metro within 48 hours These reports satisfy the requirement for written communication to Sydney Metro and are completed using the Environmental Incident and Non-compliance Notification Report (SM ES-FT-403) or a similar and consistent form approved by Sydney Metro

64 Incident Investigations

Environmental Incident Investigations must be carried out for all Class 1 and Class 2 Incidents Investigations may also be requested for any other Environmental Event at the discretion of Sydney Metro This discretion is likely to be exercised where incidents of a similar nature are occurring repetitively

When conducting an Environmental Incident investigation they must

Be led by a lead investigator who is suitably independent investigator capable of arriving at objective findings and is experienced in conducting environmental incident investigations

Consider the need for legal privilege during the investigation process in consultation with legal counsel

Be informed by all available information that is relevant to the investigation

Analyse the timeline of events which led up to and followed the occurrence of Environmental Harm including the immediate incident response

Be conducted in a manner that is consistent with recognised investigation techniques such as ICAMS

Gather and record evidence

Seek the input of key stakeholders and

Identify Preventative and Corrective actions and document these in the Incident Notification Report

65 Environmental Incidents with Health and Safety Impacts

It is possible that where an Event occurs that causes Environmental Harm harm is also caused to the health safety or wellbeing of people In these situations there will also be a Health and Safety Incident process undertaken which is separate to the process outlined in this document

While the definition of the Environment covers people under the POEO Act the management of impacts upon them are carried out using the Health and Safety Incident Management protocols This is because Health Safety and Wellbeing requirements are governed by a range of legislation other than the POEO Act and this procedure is not comprehensive in that regard Sydney Metro has well established processes to manage impacts on people without the need for the Environmental Incident Process to intervene

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

Furthermore where Environmental Events cause harm to both the lsquoenvironmentrsquo and people it is possible that the root causes for the respective impacts are different It is also possible that differences in the severity of the impacts trigger inconsistent notification requirements and investigation levels It is prudent to identify appropriate and effective corrective actions that reduce the risk of impacts to both people and the environment therefore separate Incident Management Processes are undertaken in these situations

For more detail on the management of Health and Safety Incidents please refer to the Health amp Safety Incident Reporting amp Investigation Standard (SM-17-00000040)

66 Reporting Pollution Incidents to Relevant Authorities

If an Incident or Non-compliance is a Notifiable Event then a report must be provided to the relevant Regulatory Authority within the timeframe(s) specified by the relevant legislation Pollution Incidents which are causing or threatening Material Harm to the environment must be reported to each of the following authorities immediately after project personnel become aware of the Incident as required by Section 148 of the POEO Act 1997 The contact numbers for these authorities are listed in Table 5

Table 5 Contact details for Relevant Authorities

Type Example incident

EPA Environment Line 131 555

Local Authority Local Council (specific to area)

Ministry of Health Public Health Unit (refer to httpwwwhealthnswgovauPagesdefaultaspx to confirm local area contact details)

SafeWork NSW 131 050 or contactsafeworknswgovau

Fire and Rescue NSW 000

Relevant information required to be given to EPA when making a notification is specified in Section 150 of the POEO Act 1997 as follows

Time date nature duration and location of the incident

Location of the place where pollution is occurring or is likely to occur

Nature the estimated quantity or volume and the concentration of any pollutants involved

Circumstances in which the Incident occurred (including the cause of the Incident if known)

Action taken or proposed to be taken to deal with the Incident and any resulting pollution or threatened pollution and

Other information prescribed by the regulations

All relevant information known at the time of making the notification must be reported If the information required by (c) (d) or (e) above is not known at the time of initial notification but becomes known afterwards it must be reported to each authority immediately after it

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

becomes known Verbal notification must be followed by notification in writing within seven days of the date on which the Incident occurred

Pollution Incidents are not required to be reported if the Incident has already come to the attention of the EPA or the Incident involves only the emission of an odour

Failure to report a pollution Incident as required by the POEO Act 1997 is an offence

Where any work or activity is regulated by an Environment Protection License (EPL) notification of a pollution Incident to the EPA should be made by the licensee Thus where the contractor holds the EPL for the project notification to EPA shall be made by the contractor

For any work or activity that is not regulated by an EPL notification of pollution Incidents to EPA shall be made by Sydney Metro unless the contractor is instructed otherwise by Sydney Metro This includes pollution Incidents that occur as a result of pre-construction activities which may be undertaken prior to an EPL being required for a project Pre- construction activities are determined by the Planning Approval and may include for example geotechnical investigations or surveys

Where the Environmental Representative determines there to have been a significant off-site impact on people or the biophysical environment the program Director Sustainability Environment and Planning will notify the Secretary of the Department of Environment and Planning within 48 hours in accordance with Project Infrastructure Approval Conditions This notification will be followed by a full written report within seven days of the date on which the incident occurred

661 Maritime Related Incident Notification and Reporting

Marine Incidents involving vessels and personnel on board vessels must be reported to the Australian Maritime Safety Authority in accordance with the guidance published on their website at

Australian Maritime Safety Authority Incident Reporting and

Reporting obligations of owners and masters of domestic commercial vessels

67 Environmental Compliance Register

The Environmental Compliance Register is used to manage the information associated with reporting of Environmental Events This register is maintained by the Manager Environment and may be used by a variety of individuals to input data For access to the register or information on its use contact the Manager Environment

This register analyses the data it contains and produces environmental compliance statistics that are used to meet a range of reporting and environmental management requirements

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

7 Environmental Non-compliance

An Environmental Non-compliance is a breach of an Environmental Requirement originating from Planning Approvals Environment Protection Licenses lease agreements and other requirements documented in environmental management plans It is important to note that regardless of whether an event is classified as a Non-compliance or an Incident the process behind managing the event remains the same with the following exceptions

Non-compliances are not notifiable to Regulatory Authorities under the POEO Act

Non-compliances are reported to have occurred on the day the breach was raised as opposed to the date when the requirement was breached (this is to preserve historical reporting and analysis ndash see Section 71)

Non-compliances are not divided into severity classes (Section 52)

Non-compliances do not have the potential to trigger crisis or emergency management processes and

There is an informal notification process in the immediate timeframe following a Non-compliance being raised

When an Environmental Event occurs that causes Environmental Harm and also breaches one or more Environmental Requirements then an Incident Notification Report will be created which records what requirements were breached

If a Non-compliance is identified then it must be raised using the Environmental Incident and Non-compliance Report Form within 48 hours by the party responsible for the breach

71 Non-compliance Rate

A key environmental performance statistic used by Sydney Metro is the Non-compliance Rate This statistic provides a standardised way of comparing the performance of different projects or contractors The NC Rate is calculated using the following formula

= (119873119862119904 + 119868119899119888119894119889119890119899119905119904 119908119894119905ℎ 119887119903119890119886119888ℎ119890119904 119903119886119894119904119890119889 119894119899 119898119900119899119905ℎ) + (119874119901119890119899 119873119862119904 + 119874119901119890119899 119868119899119888119894119889119890119899119905119904 119908119894119905ℎ 119887119903119890119886119888ℎ119890119904 119891119903119900119898 119901119903119890119907119894119900119906119904 119898119900119899119905ℎ119904)

119879119900119905119886119897 119873119906119898119887119890119903 119900119891 119874119899119892119900119894119899119892 119877119890119902119906119894119903119890119898119890119899119905119904) 119883 100

Each month a count of the number of NCs raised and Incident raised where Environmental Requirements have also been breached is counted Added to this number is the number of these events which were raised in previous months that still held an Open status in the current reporting period Non-compliance and incident Events are considered Open if any of the associated Actions are Open The total is divided by the number of Environmental Requirements which are actively being complied with (Ongoing Requirements) and a multiplying factor of 100 is applied

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

8 Corrective and Preventative Actions

Whenever an Environmental Event is raised actions will be assigned to the event irrespective of whether it is an Issue Incident or Non-compliance These actions will generally be Corrective Actions which are implemented to eliminate the cause of the Incident Non-compliance or Issue and can be thought of as reactive measures in response to the Environmental Event

Preventative Actions may also be assigned to prevent the occurrence of an Incident Non-compliance or Issue and can be considered pro-active measures which may be recommended following a detailed investigation of the event

Actions must

Limit impacts as far as is reasonably practicable

eliminate risk where practicable

where is it not practicable to eliminate the risk follow the hierarchy of controls

address root causes and contributing factors and

be prioritised based on risk

The Executive Director Safety Sustainability amp Environment must ensure there are systems in place to

monitor corrective action status

escalate issues to the executive where progress on a corrective action is inadequate and

retain all corrective action responses for recording purposes

81 Action Status

Actions are allocated to a person who will take accountability for ensuring it is carried out within a timely manner and completed by the due date

Actions are either closed immediately if the Action has already been carried out and verified by Sydney Metro or are created with an open status The Action will remain in an open state until such a time as Sydney Metro verifies that the responsible person has completed the Action in a satisfactory manner Until all actions associated with an Incident Non-compliance or Issue are closed the original Environmental Event is considered to be open as well This is relevant when calculating the NC Rate as open Non-compliances and Incidents contribute toward the calculation of this statistic

Verification is determined by the Environmental Lead by sighting evidence of the Actions implementation

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

9 Related Documents and References

10 Superseded Documents

11 Document History

Related Documents and References

Environmental amp Sustainability Management Manual

Risk Management Standard

Health amp Safety Incident Reporting amp Investigation Standard (SM-17-00000040)

Crisis Management Implementation Plan

Environmental Incident and Non-compliance Notification Report

Environmental Inspection Information amp Summary

Sydney Metro Glossary

Superseded Documents

There are no documents superseded as a result of this document

Version Date of approval Notes

10 31 March 2015 New document

20 7 July 2016 IMS Review

30 7 April 2017 IMS Review

40 23 November 2018 IMS Review

50 11 February 2019 IMS Review

51 18 February 2019 Minor correction to formula

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 79 of 80

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CEMP Bays Road Relocation Works

Appendix 10 ndash Sydney Metro Environmental Inspection template

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2016 CEMP Appendix 10 - Sydney Metro Inspection template Page 1 of 1

Environmental Inspection Report Template

Contract

Contractor Date

Inspection Number Time

Location

Weather

Attendees

Site Activities

Item No

Key Issues Action Party

Priority

(L M H)

Inspection by

Name Title Signature

Date

Copy to

- All attendees

-

-

-

GC-HSE-PLA-437 Uncontrolled when saved or printed

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Page 80 of 80

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CEMP Bays Road Relocation Works

Appendix 11 ndash Georgiou Environmental Policy

COMPANY POLICY

Rob Monaci Chief Executive Officer Georgiou Group September 2020

ENVIRONMENTAL

Georgiou is committed to minimising where reasonably practicable its impact on the natural environment and social surroundings for the benefit of current and future generations while enhancing Georgioursquos environmental performance

In order to achieve this commitment Georgiou will

set environmental objectives and targets applicable to the aspects and potential impacts of projects and facilities

establish positive relationships with community and stakeholders

comply with all applicable environmental laws regulations statutory obligations and client environmental requirements

identify significant environmental aspects and develop effective and appropriate mitigation measures to minimise environmental impacts

provide measures to protect heritage biodiversity land and waterways

manage potential community impacts related to air quality noise and vibration

practice responsible resource use and waste management including the promotion of efficient use reuse and recycling of resources

implement and maintain Georgioursquos management system and practices to meet its business needs ASNZS ISO 14001 client and other obligations and

hold employees and subcontractors accountable for proactively meeting their environmental responsibilities

Achieving these commitments is fundamental to demonstrate a positive impact on the environment and communities associated with Georgioursquos activities and developments All employees and persons who work with Georgiou have a personal responsibility for implementing this Policy

SAFE

TY |

PRO

FIT

| RE

LATI

ON

SHIP

S |

PEO

PLE

| IN

NO

VAT

ION

Page 2: Environmental Management Plan - NSW - Georgiou

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CEMP Bays Road Relocation Works

Revision Date Revision Details Environmental Representative

Project Manager

A 81020 Draft for review Chloe Redman Brad Collins

B 21120 Sydney Metro 1st review Chloe Redman Brad Collins

C 101120 Sydney Metro 2nd review Chloe Redman Brad Collins

D 161120 Sydney Metro 3rd Review Chloe Redman Brad Collins

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

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TABLE OF CONTENTS

GLOSSARY ABBREVIATIONS 6

1 INTRODUCTION AND PURPOSE 8

Amendments and Authorisation 8

Communication of this Plan 8

Supporting Management Plans 8

2 SCOPE OF WORKS 9

3 LOCATION 9

4 ENVIRONMENTAL MANAGEMENT SYSTEM OVERVIEW 10

Environmental Management System 10

Policy 11

Environmental Management Plan 11

5 LEGAL AND OTHER OBLIGATIONS 12

General 12

Contractual Environmental Requirements 15

REF Determination Conditions of Approval 17

Environmental Licences and Permits 19

Infringement Improvement and Prohibition Notices 20

Availability of Statutory and Other Information 20

Objectives amp Targets 20

6 STRUCTURE AND RESPONSIBILITIES 21

Organisational Structure 21

Roles and Responsibilities and Authority 21

Communication and Acceptance of Accountabilities and Responsibilities 23

Field Leadership Visits 23

7 COMMUNICATION AND CONSULTATION 24

Internal Communication and Consultation 24

711 Inductions 24

712 HSE Notice Boards 25

713 HSE Alerts Bulletins 25

714 Site Meetings 25

Community and Stakeholder Involvement 25

721 Complaints Management 26

722 Urban Design of temporary works 26

723 Business and Property Impacts 27

8 HAZARD IDENTIFICATION AND RISK CONTROL 27

GC-HSE-PLA-437 Uncontrolled when saved or printed

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CEMP Bays Road Relocation Works

Hierarchy of Control 27

Site Environmental Risk Analysis 28

Review of Risks 28

831 Change Management 28

Operational Control 28

841 Environmental Hazard Reporting 28

842 Take 5 29

843 Job Hazard Analysis (JHA)Safe Work Method Statement (SWMS) 29

844 Permit to Work 29

845 Environmental Control Maps 29

9 SIGNIFICANT ENVIRONMENTAL ASPECTS MANAGEMENT 30

10 CLOSURE AND COMMISSIONING 30

11 TRAINING COMPETENCY AND RESOURCING 30

1111 Toolbox talks 30

1112 Recording of Training and Assessment 31

12 INCIDENT EMERGENCY PREPAREDNESS AND RESPONSE 31

EmergencyIncident Planning and Control 31

13 HSE REPORTING AND INVESTIGATION 31

Notifications and Reporting 31

1311 Internal 31

1312 Notification of Incidents to Sydney Metro 31

1313 Statutory Notifications 31

Investigations 32

Review and Communication of Incidents 32

14 ENVIRONMENTAL REPORTING 32

1411 Monthly Reports 32

Site Meetings 32

Project Performance Review 33

15 AUDITING REVIEWS AND INSPECTIONS 33

Inspections 33

1511 Environmental Inspections 33

Audits and Reviews 33

Monitoring 34

Corrective Actions 34

16 DOCUMENT AND RECORD CONTROL 34

17 APPENDICES 35

Appendix 1 - Waste Management Sub Plan 36

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

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CEMP Bays Road Relocation Works

Appendix 1A ndash Sydney Metro Waste Classification Procedure 42

Appendix 2- Soil and Water Management Sub Plan 43

Appendix 3- Hydrocarbon and Chemical Management Sub Plan 46

Appendix 4 - Flora amp Fauna Management Sub Plan 50

Appendix 5 - Cultural Heritage Management Sub Plan 53

Appendix 5A ndash Sydney Metro Unexpected Heritage Finds Procedure 55

Appendix 5B ndash Sydney Metro Exhumation Management Procedure 56

Appendix 6 - Air Quality amp Dust Management Sub Plan 57

Appendix 7- Noise Vibration and Light spill Management Sub Plan 59

Appendix 7A ndash Sydney Metro Out of Hours Application form 61

Appendix 8 ndash Contaminated Land Management Sub Plan 62

Appendix 8A ndash Unexpected Contamination finds procedure 67

Appendix 8B ndash Unexpected Asbestos finds procedure 71

Appendix 9 ndash Sydney Metro Incident and non-compliance reporting procedure 78

Appendix 10 ndash Sydney Metro Environmental Inspection template 79

Appendix 11 ndash Georgiou Environmental Policy 80

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GLOSSARY ABBREVIATIONS

Term Expanded text

AFMP Ancillary Facilities Management Plan

BC Act Biodiversity Conservation Act 2016

CoA Condition of approval

Compliance audit Verification of how implementation is proceeding with respect to an CEMP (which incorporates the relevant approval conditions)

CPESC Certified practising erosion and sediment control professional

CRM Community Relations Manager

CPESC Certified practising erosion and sediment control professional

CSSI Critical State Significant Infrastructure

DEC Department of Environment and Conservation (NSW) (former)

DIPNR Department of Infrastructure Planning and Natural Resources (former)

DoEE Commonwealth Department of the Environment and Energy

DoI - Water NSW Department of Industry - Water

DPIE NSW Department of Planning Industry and Environment

Ecologically sustainable development (ESD)

Using conserving and enhancing the communityrsquos resources so that the ecological processes on which life depends are maintained and the total quality of life now and in the future can be increased (Council of Australian Governments 1992)

EIS Environmental Impact Statement

EMS Environmental Management System

Environmental aspect

Defined by ASNZS ISO 140012015 as an element of an organisationrsquos activities products or services that can interact with the environment

Environmental impact

Defined by ASNZS ISO 140012015 as any change to the environment whether adverse or beneficial wholly or partially resulting from an organisationrsquos environmental aspects

Environmental incident

An unexpected event that has or has the potential to cause harm to the environment and requires some action to minimise the impact or restore the environment

Environmental objective

Defined by ASNZS ISO 140012015 as an overall environmental goal consistent with the environmental policy that an organisation sets itself to achieve

Environmental policy

Statement by an organisation of its intention and principles for environmental performance

Environmental target

Defined by ASNZS ISO 140012015 as a detailed performance requirement applicable to the organisation or parts thereof that arises from the environmental objectives and that needs to be set and met in order to achieve those objectives

EPA NSW Environment Protection Authority

EPampA Act NSW Environmental Planning and Assessment Act 1979

EPBC Act Commonwealth Environment Protection and Biodiversity Conservation Act 1999

EPL NSW Environment Protection Licence under the Protection of the Environment Operations Act 1997

ERG Environmental Review Group

ESCP Erosion and Sediment Control Plan

EWMS Environmental Work Method Statement

Federal-CoA Condition of the Federal Department of the Environment and Energy Approval Decision

Hold point Is a verification point that prevents work from commencing prior to approval

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LGA Local Government Area

MNES Matters of National Environmental Significance

Non-compliance Failure to comply with the requirements of the Project approval or any applicable licence permit or legal requirements

NSW-CoA Condition of the NSW DPampE Infrastructure Approval

OEH NSW Office of Environment and Heritage

OOHW Out of hours work

PIRMP Pollution Incident Response Management Plan

POEO Act Protection of the Environment Operations Act 1997 (NSW)

RAP Registered Aboriginal Party

RBL Rating background level

REF Review of Environmental Factors

ROL Road occupancy licence

SAP Sensitive Area Plan

SEPP State Environmental Planning Policy

UXO Unexploded Ordnance

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1 INTRODUCTION AND PURPOSE

The purpose of this Construction Environmental Management Plan (CEMP) is to describe how environmental aspects

are to be managed so that the site and those engaged onsite will

Comply with Georgiou Policy Client legal and other obligations

Minimise the impacts on the environment

Achieve the Company client and site objectives and targets

implement mitigation measures identified and assessed through Review of Environmental Factors (REF) under

Part 5 of the EPampA Act

Comply with the requirements of the Construction Environmental Management Framework (CEMF) February

2020 version 41 Managing Contractor Contract (MCC) Works Brief licencing and other relevant documents

This Management Plan is written in accordance with Georgioursquos health safety and environment management

system that is 3rd party certified to ASNZS ISO 14001 It has been written in accordance with the Transport for

New South Wales (TfNSW) Sydney Metro Construction Environmental Management Framework (CEMF) and the

project specific Sydney Metro General Specification ndash Plans and Reporting

Amendments and Authorisation

This Management Plan will be approved by the Project Manager their Line Manager and a Representative from the

HSE Department This Management Plan and other related documents will be reviewed annually or as a result of

Changes to Company procedures or processes

Changes to key personnel or resources

Changes in legal and other obligations

Findings from an audit or inspection

Findings from a significant incident or near miss

Significant changes to site conditions andor work methods

Instructions from Sydney Metro

Reviews will be undertaken in consultation with key stakeholders to ensure all locationsfunctions are considered

A record of the date and comments relating to any revisions of this document will be included in the revision table

The only Georgiou authorisation required to amend this document after initial approval is the Project Managerrsquos

Communication of this Plan

The Project Manager is accountable for ensuring

Location and access to the management plans is communicated at induction Management Plans have been communicated to subcontractor personnel prior to commencement of works

onsite Any changes made to the management plan are communicated to affected persons on the site

Supporting Management Plans

The following management plans have been developed to support this management plan

Emergency Response and Preparedness Plan

Georgiou Crisis Management Plan (controlled by Georgioursquos Perth Head Office and available on Company Intranet)

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2 SCOPE OF WORKS

Sydney Metro is proposing to configure the internal port road network at Rozelle to facilitate the orderly urban

renewal of the Bays West area while maintaining access to the White Bay Cruise Terminal and other port operations

at Glebe Island and White Bay This includes long-term urban renewal initiatives for the Bays West area and works

for various future developments within the locality including critical works for the proposed Sydney Metro West

The proposal also provides the opportunity to improve road safety by reducing conflicting traffic movements in the

internal port road network

Georgioursquos scope of works is described as lsquoPhase 1rsquo works in the REF and it comprises of the following key

features

A reconfigured intersection at Port Access Road Solomons Way Sommerville Road including an interim

connection with the existing Port Access Road until it is relocated (as part of Phase 2)

Establishment of one-way traffic circulation along Solomons Way and Sommerville Road around the Glebe Island

Silos

Relocation of the Cement Australia Truck Parking Licenced Area to the north prior to the construction of the

reconfigured intersection due to the direct conflict with the reconfigured intersection

3 LOCATION

The proposal is located in an established industrial and port context at Rozelle within the Inner West Council local

government area

The lsquoproposal sitersquo refers to the area that would be directly impacted by the proposal as shown in Figure 1-1 The

proposal site is largely disused with the exception of the Port Access Road and port related lease areas including a

Cement Australia Truck Parking Licenced Area to service Cement Australiarsquos operations at the Glebe Island Silos

The proposal site is under the ownership of the Port Authority of NSW

To the north of the proposal site is the existing Port Access Road that supports access to the White Bay Cruise

Terminal and other port operations at White Bay To the east of the site is the existing Cement Australia and Sugar

Australia Glebe Island Silos and the Gypsum Resources Australia facility The south-eastern border of the site is

vegetated land adjoining Victoria Road Western Distributor The proposed location for the relocated Cement

Australia Truck Parking Licenced Area is currently a hardstand laydown area used by Port Authority of NSW

Beyond the proposal site the wider locality features a mix of land uses including retail commercial and urban

services along Robert Street to the north port and maritime uses to the east (Glebe Island and White Bay) and to

the south and City West Link Road and residential dwellings to the west in Rozelle

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Figure 3-1 Site location

4 ENVIRONMENTAL MANAGEMENT SYSTEM OVERVIEW

The following documents provide further information in regards to this topic

Management System Standard

Environmental Management System

The CEMP has been prepared in accordance with the overarching environmental management system (EMS) as

detailed below

Georgiou has a certified EMS consistent with ASNZS ISO 14001 Environmental Management Systems and will

prepare CEMPs in accordance with this EMS

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Policy

This Management Plan has been prepared in accordance with Georgioursquos Environmental Policy (appendix 11) All

relevant works including those conducted by subcontractors or by other companies on Georgioursquos behalf will

conform to this Policy

Georgioursquos Environmental Policy will be communicated to all workers at their site induction and displayed at the

site Georgioursquos policies will be made available to any interested party

Environmental Management Plan

This CEMP provides the system to manage and control the environmental aspects of the Project during pre-

construction and construction It identifies all the requirements applicable to manage the activities described in

Section 2 It also provides the overall framework for the system and procedures to ensure environmental impacts

are minimised and legislative and other requirements are fulfilled The strategies defined in this CEMP have been

developed with consideration of the Project approval requirements environmental management measures

presented in the approval documents This CEMP establishes the system for implementation monitoring and

continuous improvement to minimise impacts from the Project on the environment

This CEMP is consistent with

ASNZS ISO14001 2004 lsquoEnvironmental Management Systems - requirements with guidance for usersquo

Georgiou HSEQ Management System

Environmental Policy

Georgious Management is committed to regulatory

compliance pollution prevention and continous

improvement

Planning

Identify environmental interactions and signficant

aspects identify legal and other requirements and development

environmental objectives targets and the programs in

which to achieve them

Implementation and Operation

Define structure and responsibility identify and complete training

needs establish communication procedures document the EMS

through policies plans and procedures establish document

control establish operational control implement emergency

preparedness and response

Checking

Monitor and measure environmental interactions

evaluate compliance establish a non-conformance corrective

action and preventative action system maintain records and

perform periodic internal audits of the EMS

Management Review

Management to review environmental performance

EMS performance policy priorities and objectives and recommend improvements

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5 LEGAL AND OTHER OBLIGATIONS

The following documents provide further information in regards to this topic

Management System Standard

HSE Legal and Other Obligations Directory

General

The statutory requirements for this site have been identified within the Company HSE Legal and Obligations

Directories (available on Company Intranet) and have been incorporated into this management plan Legal and

other requirements specific to this contract which are not otherwise captured in the Company HSE Legal and

Obligations Directories are as follows

Legislation Other requirement

Requirement Comment

EPBC Act 1999

Under the EPBC Act a referral to the Commonwealth Department of Agriculture Water and the Environment is required for proposed lsquoactionsrsquo that have the potential to significantly impact on any matter of national environmental significance the environment in general or the environment of Commonwealth land (including leased land)

There are no matters of national environmental significance located within the general area of the proposal as confirmed in Appendix A of the REF Therefore an EPBC Act referral is not required

EPampA Act 1979

Clause 94 of the ISEPP outlines that development for the purpose of road and road infrastructure facilities which are permissible without the need for development consent under Part 4 of the EPampA Act when carried out by a public authority

Sydney Metro is a public authority and has prepared an REF and determination report to meet the assessment requirements under the EPampA Act

EPampA Regulation 1979 Under clause 228 of the factors to take into account concerning the impact on an activity on the environment

The REF and determination report prepared by Sydney Metro has considered factors under clause 228

ISEPP 2007

Division 1 of Part 2 of the ISEPP contains provisions for public authorities to consult with local councils and other public authorities prior to the commencement of certain types of development

Sydney Metro will conduct consultation with local councils and other authorities prior to commencement of construction

Biosecurity Act 2015

Under the Biosecurity Act 2015 all plants including weeds are regulated with a general biosecurity duty to prevent eliminate or minimise any biosecurity risk they may pose Any person who deals with any plant who knows (or ought to know) of any biosecurity risk has a duty to ensure the risk is prevented eliminated or minimised so far as is reasonably practicable

The State level priority weeds and associated legal requirements relevant to the region are outlined in the Greater Sydney Regional Strategic Weed Management Plan 2017-2022 (Greater Sydney Local Land Services 2017)

As such if present priority weeds on the site would be assessed and controlled to fulfil the General Biosecurity Duty and minimise biosecurity risks

Contaminated Land Section 60 of the Contaminated Land Management Act 1997 imposes a duty on

One site (former White Bay Power Station) that is currently regulated by

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Management Act 1997 landowners to notify the NSW EPA and potentially investigate and remediate land if contamination is above NSW EPA guideline levels

the NSW EPA is located within the proposal site

Given the proposed works are predominately surficial or up to one metre below existing site levels contamination risk is considered minor and manageable

Biodiversity

Conservation Act 2016

The Biodiversity Conservation Act 2016 provides for the protection of threatened species populations and ecological communities in NSW If a threatened species population or ecological community or its habitat is likely to occur in any area that may be affected by the proposal then an assessment of significance must be prepared to determine whether the proposal would have a significant impact

The site is unlikely to contain suitable habitat for any listed threatened species or community and is unlikely to have a significant impact on any threatened species or community

Heritage Act 1977

The NSW Heritage Act 1977 (Heritage Act) provides protection for items of lsquoEnvironmental heritagersquo in NSW Items considered to be significant to the State are listed on the State Heritage Register (SHR) and cannot be demolished altered moved or damaged or their significance altered without approval from the Heritage Council of NSW

Section 170 of the Heritage Act requires government agencies to maintain a heritage and conservation register (Section 170 register) These registers provide a list of government assets which may have State or local heritage significance

Sections 139 to 145 of the Heritage Act prevent the excavation or disturbance of land known or likely to contain relics unless in accordance with an excavation permit Excavation permits are issued under Section 140 of the Heritage Act or Section 60 for sites listed on the SHR Excavation Permit Applications must be supported by an Archaeological Research Design Section 146 of the Heritage Act requires that any discovery or location of a lsquorelicrsquo is reported to the Heritage Council

The road footprint for Georgioursquos scope of works is located outside of the heritage curtilage for the SHR-listed White Bay Power Station and does not extend north to the White Bay Power Station (Inlet) Canal (Port Authority of NSW s170 4560062)

The Glebe Island Silos (Port Authority of NSW s170 4560016) and the Glebe Island Dyke Exposures (Port Authority of NSW s170 4560056) are located immediately adjacent to the road footprint

As detailed in the REF it is unlikely that archaeological relics would be impacted by the works therefore a Section 139 exception or Section 140 permit are not required for the works

National Parks and

Wildlife Act 1974

Sections 86 87 and 90 of the National Parks and Wildlife Act 1974 require consent from the Environment Energy and Science Group of the Department of Planning Industry and Environment for the destruction or damage of Aboriginal objects

The proposal is unlikely to disturb any Aboriginal objects (refer Section 77)

However if unexpected archaeological items or items of Aboriginal heritage significance are discovered during the construction of the proposal the Sydney Metro Unexpected Finds procedure would be followed

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Protection of

the Environment

Operations Act 1997

The Protection of the Environment Operations Act 1997 (POEO Act) administers environment protection licences (EPLs) for specific activities relating to air water and noise pollution and waste management The Environment Protection Authority (EPA) and local government where relevant administer the POEO Act

Development activities require an EPL under the POEO Act if those activities meet the assessment criteria outlined in Schedule 1 of the Act

The proposal does not meet the definition of a scheduled activity under Schedule 1

In addition the POEO Act would require construction to be managed to prevent and avoid the potential to cause water noise andor air pollution The Act also includes requirements in relation to the management of waste

Notification to the EPA would also be required (as the administrators of this Act) in instances where any pollution incident has the potential to lsquocause or threaten material harm to the environmentrsquo (refer to Section 148 of the Act)

Roads Act 1993

In accordance with Section 138 of the Roads Act 1993 consent from NSW Transport for NSW would be required for the carrying out of work in on or over a classified road

For works on unclassified roads Clause 5 of Schedule 2 of the Act provides that a public authority is not required to obtain a road authorityrsquos consent

Ongoing consultation would be carried out with the relevant road authority (or authorities) in relation to the potential impacts that may occur to all of the roads and to identify any potential construction activities may be require consent

Waste avoidance and

Resource Recovery

Act 2001

The purpose of the Waste Avoidance and Resource Recovery Act 2001 is to develop and support the implementation of regional and local programs to meet the outcomes of a State-wide strategy for waste avoidance and resource recovery

It also aims to lsquominimise the consumption of natural resources and final disposal of waste by encouraging the avoidance of waste and the reuse and recycling of wastersquo

Waste generation and disposal reporting would be carried out during the construction and operation of the proposal Procedures would be implemented during construction in an attempt to promote the objectives of the Act

Water Act 1912 and

Water Management

Act 2000

The Water Act 1912 and the Water Management Act 2000 are the two key pieces of legislation for the management of water in NSW and contain provisions for the licensing of water access and use

The proposal would not involve any water use water management works drainage or food works controlled activities or aquifer interference

National Greenhouse and Energy Reporting Act 2007

The Act established a framework for reporting of greenhouse gas emissions abatement actions energy consumption and production data

The project will report on greenhouse gas and energy usage data as required by the Act

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Contractual Environmental Requirements

This Management Plan has been written to comply with the following Sydney Metro CEMF requirements

Requirement Reference

Scope of Applicability (Any Sections of the CEMF not addressed in the left hand column of

this table do not apply) Addressed by

CEMF Requirements

Section 1 full applicability This document

Section 4

Section 2 full applicability Section 5

Section 23

Standards and guidelines applicable to the works including o ISO14001 Environmental Management System ndash Requirements

with Guidelines for Use o Interim Construction Noise Guidelines (Department of

Environment and Climate Change 2009) o Managing Urban Stormwater Soil and Construction (Landcom

2008) o AS42821997 Control of the Obtrusive Effect of Outdoor Lighting o Waste Classification Guidelines (Department of Environment

Climate Change and Water 2008) o Australian and New Zealand Guidelines for Fresh and Marine

Water Quality

Section 41

Appendix 7

Appendix 2

Appendix 1

Section 32

Only applies with respect to Construction for o SMP1 o SMP2 o SMP5 o SMP6 o SMP7 o SMP14 o SMP18 o SMP19 o SMP30

Separate sustainability management plan

Section 34

34(d) (x) applies only to the extent of addressing environmental inspections

34(d) (xi) does not apply

Approval by DPIE is not required under 34(e)

34(f) Applies with respect to o Unexpected Finds Procedure (Heritage) o Environmental Incident and Non-compliance Reporting Procedure o Construction Noise and Vibration Standard o Out of Hours Work Application Form o Unexpected Finds Procedure (Contamination)

This document

Appendices 1-10

Section 36 36(b) only applies with respect to the drafting of a Waste Management Procedure and an Unexpected Finds Procedure for Contamination

Appendix 1

Appendix 8

Section 39 39(a) (iii) does not apply 39(b) does not apply

39(b) does not apply Section 11

Section 310 Applies except that a Pollution Incident Response Plan is not required Section 12

Section 312 312(a)(i) does not apply

312(a)(iv) does not apply Section 6

Section 313

313(b) does not apply

313(d) does not apply

313(e) does not apply

Section 15

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CEMP Bays Road Relocation Works

Section 314 Full Applicability Section 13

Appendix 9

Section 315 315(d) does not apply with respect to internal audits carried out by the Principal Contractor

Section 16

Section 316 316(d) does not apply where the Principal Contractors works last less than 1 year

Section 15

Section 4 42(a) does not apply

45(c) does not apply Section 72

Section 5 51(c) does not apply

54 does not apply Appendix 7

Section 6 Only 61 applies

Sustainability management plan

Section 7 71 does not apply

72 does not apply

Appendix 2

Section 8

81 full applicability

A Construction Noise and Vibration sub-plan is not required however the CEMP must address

82(a) (iii) and (b) for Site Establishment Activities

Appendix 7

Section 9

91 (a) (i) is not applicable

A Heritage Management plan is not required however the CEMP must address the following requirements

92 (iii)

92 (ix)

92 (c) (iii)

Appendix 5 5A 5B

Section 10

101 (ii) does not apply

102(a) (iii) applies with respect to the relocation of fauna only

102(b) (i) applies

102 (b) (ii) applies

All other sections are not applicable

Appendix 4

Section 11 111 (ii) does not apply

112 does not apply Section 72

Section 12

A Soil and Water Management Plan is not required however the CEMP must address the following requirements

122 (vi)

Appendix 2

Section 13 131 full applicability

132 does not apply Appendix 6

Section 14

141 full applicability

A Waste Management Plan is not required however the CEMP must address the following Requirements

142 (a) (iv)

142 (a) (v)

142 (b) (i)

142 (d)

Appendix 1

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CEMP Bays Road Relocation Works

REF Determination Conditions of Approval

The project is subject to compliance with the Conditions of Approval (CoA) identified below these are from the

REF Determination Report (August 2020) These Conditions of Approval are consistent with the management and

mitigation measures in the REF (April 2020) with some amendments due to the project changes identified in the

REF determination report

CoA Requirement Addressed by

REF Determination Conditions of Approval

NV1 Receivers that would potentially be affected by noise andor vibration from the works would be appropriately notified before the relevant works start

This would include details on the nature of works to be carried out the expected noise levels duration of noise generating construction works and contact details during construction

Appendix 7

NV2 Where vibration levels are predicted to exceed the screening criteria a more detailed assessment of the structure (in consultation with the relevant asset owner and a structural engineer) and attended vibration monitoring would be carried out to ensure vibration levels remain below appropriate limits for that structure

For heritage buildings and structures the more detailed assessment would specifically consider the heritage values of the structure in consultation with a heritage specialist to ensure sensitive heritage fabric is adequately monitored and managed

Appendix 7

NV3 Condition surveys of buildings and structures near to the proposal would be undertaken in consultation with the relevant owner prior to the commencement of vibration intensive works where appropriate For heritage buildings and structures the surveys would consider the heritage values of the structure in consultation with a heritage specialist

Sydney Metro

NV4 Alternative construction methodologies would be considered where vibration intensive works (typically site clearing ndash demolition) result in exceedances of cosmetic damage screening criteria and may include the following

The use of hydraulic concrete shears jaw crushers coring and wire sawing in lieu of rockbreakers for demolition of structures

Use of smaller capacity rockbreakers or lower vibration generating rockbreakers

Isolating the vibration sensitive structure from the vibration intensive work area by severing the vibration transmission path using non-vibration intensive means such a sawing

Appendix 7

NV5 The potential vibration impacts to underground utilities and services would be reviewed as the proposal progresses in consultation with the asset owners and the Port Authority of NSW

Appendix 7

T1 Clear wayfinding and safety signage would be provided to direct and guide vehicles not related to the proposal during road construction works This would be supplemented by Variable Message Signs to advise drivers of traffic diversions speed restrictions or alternative routes

Traffic management plan (TMP) and Traffic control plans (TCPs) will address

T2 The Port Authority of NSW and lease holders would be notified in advance of any proposed road changes within the port area and the potential for short term delays

Sydney Metro

Georgiou must provide written notifications to Sydney Metro on road changes in

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CEMP Bays Road Relocation Works

advance of each relevant road change within the port area

T3 Construction site traffic would be managed to minimise movements during peak periods

Traffic management plan (TMP) and Traffic control plans (TCPs) will address

T4 Access to Cement Australia and other leased areas would be maintained in consultation with Port Authority and lease holders

Sydney Metro

Georgiou will provide required information to SM

T5 All staff parking would be provided on-site and not on surrounding local streets

Traffic management plan (TMP) and Traffic control plans (TCPs) will address

NAH1 An Archaeological Work Method Statement would be prepared and implemented where excavation is required The Archaeological Work Method Statement would outline the requirements of archaeological monitoring and recording where archaeological remains of potential local significance may be impacted

Sydney Metro

(Transferred to Georgiou under VO-003)

C1 Sampling and testing of soils in areas of potential contamination concern would be conducted to characterise the soils (with respect to contamination) and determine the appropriate waste classification (which may include hazardous wastes or special wastes) and management response Waste classification would be carried out in accordance with the Waste Classification Guidelines Part 1 Classifying Waste (NSW Environment Protection Authority 2014)

Appendix 1

Appendix 1A

C2 Soils would be managed in accordance with the Protection of the Environment Operations (Waste) Regulation 2014 and disposed of to an appropriately licensed waste management facility

Appendix 1

Appendix 1A

C3 Erosion and sediment measures would be implemented in accordance with the principles and requirements in Managing Urban Stormwater ndash Soils and Construction Volume 1 (Landcom 2004) and Volume 2D (NSW Department of Environment Climate Change and Water 2008)

Appendix 2

C4 All fuels chemicals and hazardous liquids would be stored in accordance with Australian standards and EPA Guidelines Any refuelling carried out on-site would be carried out in designated areas only and spill kits would be available as part of any worksite

Appendix 3

C5 Prior to ground disturbance in areas of potential acid sulfate soil occurrence testing would be carried out to determine the presence of actual andor potential acid sulfate soils If acid sulfate soils are encountered they would be managed in accordance with the Acid Sulfate Soil Manual (Acid Sulfate Soil Management Advisory Committee 1998)

Appendix 2

LV1 The design and maintenance of construction site fencing would aim to minimise visual amenity impact where visible from public areas

Section 722

LV2 Lighting of construction areas (if required) would be orientated to minimise glare and light spill impacts on adjacent receivers

Appendix 7

WR1 All waste would be assessed classified managed transported and disposed of in accordance with the Waste Classification Guidelines and the Protection of the Environment Operations (Waste) Regulation 2014

Appendix 1

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CEMP Bays Road Relocation Works

The waste management hierarchy principles established under the Waste Avoidance and Resource Recovery Act 2001 of avoidreducereuserecycledispose would be applied to the construction of the proposal

AQ1 The following best-practice dust management measures would be implemented during all construction works

Regularly wet-down exposed and disturbed areas including stockpiles especially during dry weather

Adjust the intensity of activities based on measured and observed dust levels and weather forecasts

Minimise the amount of materials stockpiled and position stockpiles away from surrounding receivers

Regularly inspect dust emissions and apply additional controls as required

Appendix 6

AQ2 Plant and equipment would be maintained in a proper and efficient manner Visual inspections of emissions from plant would be carried out as part of pre-acceptance checks

Appendix 6

GHG1 Opportunities to reduce greenhouse gas emissions through the increased use of recycled materials would be investigated during detailed design

Sydney Metro

CI1 The likelihood of cumulative (ie concurrent and consecutive) construction impacts would be reviewed during detailed design when detailed construction schedules are available

Co-ordination and consultation with the following stakeholders would occur where required to manage the interface of projects under construction at the same time

Transport for NSW including Transport Coordination

Department of Planning Industry and Environment

Port Authority of NSW

Sydney Motorways Corporation

Construction contractors

Co-ordination would occur between potentially interacting projects to minimise concurrent or consecutive works in the same areas where possible

Sydney Metro

Georgiou must participate in any consultation as requested by the Principal and provide the Principal with all information and documentation the Principal requires to comply with condition

Environmental Licences and Permits

The Project Environmental Site Representative will be responsible for

Checking with the local government municipality to see if there are local environmental requirements Identifying the environmental licences and or permits under which the site will operate Obtaining a copy of any client held licences permitsapprovals to determine conditions of compliance or if not

available obtaining written verification that licences and permits are held Obtaining Georgiou held licences and or permits Monitoring compliance to the conditions of the licencepermit and report on the status in the Project HSEQ

Performance Report and to the client

Permits and licences relevant to the project are as follows

Permit licence Responsibility Status

Environmental protection licences (EPL) under the Protection of the Environment Operations Act 1997 for road construction

Georgiou Not required as this project does not trigger a scheduled activity under the POEO Act 1997

Road Occupancy Licences Georgiou To be applied for as required

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CEMP Bays Road Relocation Works

Infringement Improvement and Prohibition Notices

The Project Manager or delegate will ensure any infringement improvement or prohibition notice issued by a

regulatory authority recorded as a incident in Georgioursquos Incident reporting database (Beakon) and appropriate

actions taken in a timely manner A copy of the infringement improvement or prohibition will be added to the

incident report and forwarded to the HSE Business Unit Lead

The Project Manager will notify via email their General Manager Construction Manager Operations Manager

HSE Business Unit amp Environmental Site Representative Lead when the infringement improvement or prohibitions

notice has been closed out

Availability of Statutory and Other Information

Georgioursquos HSEQ Department maintains links to current statutory documents (Acts Regulations and Codes of

Practice) in the HSE Legal and Other Obligations Directories which are located on Georgioursquos Intranet

(GENIE)Georgiou subscribes to Environmental Essentials product Envirolaw which is available to all personnel

through the intranet link Envirolaw summarises environmental legal obligations provides links to legislation and

guidelines as well as providing search capabilities

Changes in legislation are monitored by the HSEQ Department and site management will be notified where a change

affects a site The Project Manager will be responsible for communicating changes in accordance with section 7

HSE will ensure the change is reflected in this Management Plan and other relevant plans and documents as

applicable

Objectives amp Targets

Objectives and targets have been set for the site taking into account the significant hazards and environmental

aspects of the job the group objectives and client and contractual requirements These are documented in the

table below

Item Description Measurement Target

1 Successful implementation of CEMP and contract requirements

Audits inspections reporting management reviews

0 NCRs associated with CEMP implementation

2 Compliance with all legal requirements Audits reporting management reviews

0 regulatory infringements (PINs or prosecutions)

3 Engage with the affected and broader community minimise complaints and respond to any complaints within a suitable timeframe

Review complaints register reporting audits

0 NCRs associated with CCS implementation

4 Environmental incidents with the potential to cause material harm to the environment

Number of material harm incidents 0

5 Continuously improve environmental performance

Regular environmental inspections

Regular Leadership visits

Share environmental best practice and innovations across projects

1 environmental inspection per week

1 Leadership visit per month

1 NSW Environmental meeting per month

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6 Environmental Awareness for all workers

Conduct all Toolboxes and training identified in this CEMP

1 environmental toolbox per month on relevant site issues

Additional objectives and targets may be set specifically for activities identified for upcoming works Performance

against all HSE objectives will be monitored as a minimum monthly at site meetings

6 STRUCTURE AND RESPONSIBILITIES

Organisational Structure

The site organisational structure has been documented in the Site Organisational Chart The Site Organisational

Chart identifies the roles that will support the site in fulfilling their HSE responsibilities

Roles and Responsibilities and Authority

The Project Manager is accountable for the environmental performance of the project and the implementation of

the projectrsquos management plans Key personnel and their site responsibilities are detailed below

Project Manager ndash Brad Collins

The environmental responsibilities of the Project Manager include (but are not limited to) the following

Ensure all works comply with relevant regulatory and Project requirements Ensure the requirements of this CEMP are fully implemented and in particular that environmental

requirements are not secondary to other construction requirements Endorse and support the environmental policy Be aware of their environmental responsibilities as detailed in the management plans Actively ensure that subcontractors and suppliers are complying with environmental requirements Liaise with the client and other government authorities as required Participate and provide guidance in the regular review of this CEMP and supporting documentation Provide adequate resources (personnel financial and technological) to ensure effective development

implementation and maintenance of this CEMP Ensure that all personnel receive appropriate induction training including details of the environmental and

community requirements Ensure that complaints are investigated to ensure effective resolution Stop work immediately if an unacceptable impact on the environment is likely to occur Hold monthly HSEQ management meetings to review environmental performance and monitor

implementation and effectiveness of the management system Ensure their direct reports fulfil their environmental responsibilities and achievement of KPIrsquos Support workers to immediately stop any lsquoat risk behaviourrsquo identified during their work activities

Project Site Engineer ndash Richard Kelly

The environmental responsibilities of the Project engineers include (but are not limited to) the following

Provide input into the preparation of environmental planning documents as required Ensure that instructions are issued and adequate information provided to employees that relate to

environmental risks on-site Ensure that the works are carried out in accordance with the requirements of the CEMP and supporting

documentation including the implementation of all environmental controls Identify any environmental risks Identify resource needs for implementation of CEMP requirements and related documents Ensure that complaints are investigated to ensure effective resolution

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Take action in the event of an emergency and allocate the required resources to minimise the environmental impact

Report any activity that has resulted or has the potential to result in an environmental incident immediately to the Supervisor and Environmental Site Representative

Supervisor ndash Eddie Storer

The Supervisor is responsible for creating an exemplary HSE culture and ensuring adherence to the Management System on their site The Supervisor is responsible for approving the commencement of works and to allocate necessary resources to complete a job safely in accordance with the Management Plan and will

Demonstrate commitment to the Environment by monitoring the workplace to ensure work practices are adhered to by way of routine checks of the workplace compliance to the Management Plan

Demonstrating through their actions and behaviour that safety and the environment are core values Hold Supervisors and leading hands (Georgiou amp subcontractors) accountable for the fulfilment of their

Environmental responsibilities including KPIrsquos Be given the authority and independence to require reasonable steps be taken to avoid or minimise

unintended or adverse environmental impacts Allocating work to ensure appropriate supervision for those with lesser experience Ensuring appropriate and necessary plant and equipment is provided for workers to carry out their work

safely and without undue harm to the environment Stopping rejecting or quarantining materials plant and equipment Supporting workers to immediately stop any lsquoAt Risk Behaviourrsquo identified during their work activities Participating in audits investigations and constructability reviews Management and HSE performance of the subcontractors utilised on site

Environmental Site Representative ndash Chloe Redman

The environmental responsibilities of the Environmental Site Representative include (but are not limited to)

overall responsibility for the implementation of environmental matters on the Project development implementation monitoring and updating of the EMP and sub-plans in accordance with

ISO14001 report to the Project Manager on the performance and implementation of the CEMP to ensure management

reviews of the CEMP are undertaken annually documented and actions implemented ensure environmental risks of the Project are identified and appropriate mitigation measures implemented identify where environmental measures are not meeting the targets set and where improvement can be

achieved ensure environmental protocols are in place and managed ensure environmental compliance obtain and update all environmental licences approvals and permits as required liaise with the approval authorities manage environmental document control reporting inductions and training manage environmental reporting within the Project team and to the Client and regulatory authorities prepare reports on a monthly basis outlining the Project works undertaken and the achievements that have

been met as well as identifying those areas where improvements were made oversee site monitoring inspections and audits manage all sub-contractors and consultants with regard to environmental matters including assessing their

environmental capabilities and overseeing the submission of their environmental documents develop and facilitate induction toolbox talks and other training programs regarding environmental

requirements for all site personnel notify the client and relevant authorities in the event of an environmental incident and manage close-out of

these stop activities where there is an actual or immediate risk of harm to the environment or to prevent

environmental non-conformities and advise the Project Manager and Supervisor assist the Community Relations Manager to resolve environment-related complaints

undertake site inspections carry out monitoring activities and complete site checklists ensure monitoring records are appropriately maintained reviewed and any non-compliance issues addressed assist in identifying environmental risks

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advise the Project Manager of the need to stop work immediately if an unacceptable impact on the environment is likely to occur or to require other reasonable steps to be taken by the site Construction staff to avoid or minimise impacts

Environmental Consultants

Georgiou has engaged consultancy contracts with the following companies

Ade Consulting - Contaminated land and hygienist services VMS ndash Noise and Vibration Management Services ARTEFACT ndash Archaeological and Heritage Consultants

Throughout the works there may be the requirement to engage other specialist environmental consultants or change the consultants listed above All Environmental consultants engaged to provide specialist advice on environmental matters are responsible to

comply with the relevant requirements of the CEMP or other environmental management guidance as instructed by a member of the Projectrsquos management

participate in the mandatory Projectsite induction program report any environmental incidents to the Supervisor immediately or as soon as practicable if reasonable

steps can be adopted to control the incident Stop activities where there is an actual or immediate risk of harm to the environment and advise the

Supervisor Ensuring compliance with the requirements of the HSE management system Adhering to all permit requirements Complying with all statutory and regulatory requirements

All Personnel

All personnel on site are responsible for

comply with the relevant requirements of the CEMP or other environmental management guidance as instructed by a member of the Projectrsquos management

participate in the mandatory Projectsite induction program report any environmental incidents to the supervisor immediately or as soon as practicable if reasonable

steps can be adopted to control the incident undertake remedial action as required to ensure environmental controls are maintained in good working

order Stop activities where there is an actual or immediate risk of harm to the environment and advise the

Supervisor Ensuring compliance with the requirements of the HSE management system Participating and adhering to SWIrsquos and JHArsquos Adhering to all permit requirements Immediately stopping any lsquoAt Risk Behaviourrsquo identified during daily work activities Complying with statutory and regulatory requirements

Communication and Acceptance of Accountabilities and Responsibilities

The Core Site Team will acknowledge their understanding and acceptance of the site accountabilities and

responsibilities by signing Appendix 1 in this plan

Field Leadership Visits

Senior Management with an operational role or functional support will demonstrate visible and proactive commitment by visiting site to engage in discussion with site management and workers in regard to HSE issues relevant to the business which may include any of the following

Active participation and contribution in Pre-start meetings Participation in Toolbox Talks Participation in the delivery of site safety and environmental messages on-site HSE programs or initiatives Participation in work inspections One-on-one discussions

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Behavioural observations Participation in monthly meetings discussing HSEQ performance

A record of the visit and the activity undertaken by the Senior Manager will be recorded and where appropriate feedback provided to the Site team A component of the Site Leadership visit will involve an environmental inspection of the site in accordance with section 151

7 COMMUNICATION AND CONSULTATION

The following documents provide further information in regards to this topic

HSEQ Communication and Consultation Standard

Community Relationship Management Guideline

Resolution of HSE Issues Procedure

Internal Communication and Consultation

Communication and consultative arrangements will be put in place to provide workers including subcontractors

with information and an opportunity to contribute to HSE and comply with applicable legislative requirements

The Site will use the methods detailed below to communicate to employees subcontractors and visitors

information in regard to the Georgiou Management System this management plan performance and environmental

issues

711 Inductions

All personnel (including sub-contractors) are required to attend a compulsory site induction that includes an

environmental component prior to commencement on-site This is undertaken to ensure all personnel involved in

the Project are aware of the requirements of the CEMP The environmental component of the induction must cover

all elements of the CEMP and will include as a minimum

relevant details of the CEMP including all sub-plans procedures and strategies their purpose and objectives

policies and KPIs

Requirements of due diligence and duty of care

relevant legislation and conditions of environmental licences permits and approvals

Potential environmental emergencies on-site and the emergency response procedures

Reporting and notification requirements for pollution and other environmental incidents

key environmental issues

Mitigation measures for the control of environmental issues

Complaints response and reporting

Communication protocols for interactions with community and stakeholders

site specific environmental management requirements and responsibilities

Incident and emergency response and reporting requirements

Environmentally sensitive locations and no-goexclusion zones

Erosion and sediment controls water quality controls and sediment basin management

Management of contaminated material (including asbestos impacted material)

Location of identified potential contaminated land sites

Signs of contaminated soil including visual asbestos identification protocols

Procedure for unexpected finds of contaminated land asbestos

Water quality management and protection measures

Location of identified Aboriginal and non-Aboriginal archaeological heritage sites areas of cultural sensitivity

and areas of archaeological potential and the kinds of historical relics structures or deposits which may be

encountered during the Construction works

Unexpected finds procedures for heritage

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noise vibration and air quality management controls

Standard Construction hours and the process for seeking approval for out of hours works including consultation

Road occupancy and other temporary and interim traffic arrangements

Specific responsibilities for the protection of flora and fauna

A record of all environment inductions will be maintained in a Project induction and training Register and kept on-

site The training register will identify who is trained when trained the trainer and what they were trained in

712 HSE Notice Boards

All worksites that have a crib room will set up a HSE notice board to display

Project HSEQ Performance Report

Environmental BulletinsAlerts

Site HSEQ Objectives and Targets

Organisational Chart

A Site Layout Plan and Emergency Evacuation Plan Emergency contacts and First Aiders list These will also be

posted in prominent locations throughout the site as described in the site Emergency Response Management

Plan

Risk Registers

713 HSE Alerts Bulletins

Incident Alerts will be used to communicate learningrsquos and actions required to assist in ensuring incidents that have

occurred in one workplace are not repeated in others HSE Bulletins will be used to communicate environmental

information to the workplace HSE Alerts and Bulletins will be developed by the Site Team using the approved

templates and approved by the HSE Business Unit Lead prior to communication

714 Site Meetings

The following meetings will be held on site to monitor implementation of the Georgiou Management System review

performance and communicate consult with workers in regards to HSE

Site Meetings (refer to section 142) Pre-Start Meetings Toolbox Meetings

Meeting agenda and minutes will be recorded maintained and be made available when required

Community and Stakeholder Involvement

A Community Communication Strategy will be developed for the project Key elements of the Community

Communication Strategy which will be implemented at appropriate times in the construction process will include

Notification (including targeted letterbox drops and email) of any works that may disturb local residents and businesses (such as noisy activities and night works) at least seven days prior to those works commencing

Notification (including targeted letterbox drops and email) of works that may affect transport (such as road closures changes to pedestrian routes and changes to bus stops)

Traffic alerts (via email) to all key traffic and transport stakeholders advising of any changes to access and local traffic arrangements (at least seven days prior to significant events)

Print and radio advertisements regarding major traffic changes 24-hour toll-free community project information phone line Complaints management Community information sessions as required Regular updates to the Sydney Metro website (sydneymetroinfo) including uploading of all relevant

documents and contact details for the stakeholder and community relations team

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Provision of information to the Sydney Metro Community Information Centre including community newsletters information brochures and fact sheets and interactive web-based activities

Clear signage at the construction sites Newspaper advertisements in local and metropolitan papers as required Regular inter-agency group meetings Community business and stakeholder satisfaction surveys and feedback forms Translator and interpreter services and The project team will liaise with the Sydney Metro Project Communications team as the point of contact for

the community

721 Complaints Management

Community liaison and complaints handling will be undertaken in accordance with the Construction Complaints

Management System and will include

dealing with complaints in a responsive manner so that stakeholdersrsquo concerns are managed effectively and promptly and

A verbal response will be provided to the complainant as soon as possible and within a maximum of two hours from the time of the complaint (unless the complainant requests otherwise) A detailed written response will then be provided if required to the complainant within one week

A complaints register will be maintained in Georgioursquos BEAKON database and in Sydney Metrorsquos Consultation

Manager TM which will contain

Date and time of complaint Method by which the complaint was made (telephone letter meeting etc) Name address and contact telephone number of complainant (if no such details were provided a note to that

effect) Nature of complaint Action taken in response including follow up contact with the complainant Any monitoring to confirm that the complaint has been satisfactorily resolved If no action was taken the reasons why no action was taken

The project will apply an adaptive approach to ensure that corrective actions are applied in consultation with the

appropriate construction staff to allow improvements in the management of issues resulting in community

complaints

722 Urban Design of temporary works

Temporary construction works will consider urban design and visual impacts including

Minimise impacts on existing landscape features as far as feasible and reasonable Artwork graphics and images to enhance the visual appearance of temporary works in high visibility locations Project information to raise awareness on benefits explain the proposed works at each site and provide

updates on construction progress Community information including contact numbers for enquiries complaints Signage and information to mitigate impacts on local businesses which may be obscured by the construction site Sydney Metro advertising public awareness campaigns Logos branding including Sydney Metro NSW Government and Contractor branding

The design of all temporary works will require Sydney Metro approval in relation to urban design and visual impacts

and Sydney Metro will stipulate the design of hording artwork including

Sydney Metro advertising public awareness campaigns and Logos branding including Sydney Metro NSW Government and Contractor branding

Construction hoardings scaffolding and acoustic sheds will be regularly inspected and kept clean and free of dust

build up Graffiti on construction hoardings scaffolding or acoustic sheds will be removed or painted over

promptly The principles of Crime Prevention Through Environmental Design will be applied to all works including

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temporary works that have a public interface

723 Business and Property Impacts

The project footprint is within any area managed by the Port Authority of NSW and several port related facilities

are adjacent to the work including Cement Australia Gypsum Resources Australia and Sugar Australia Georgiou will

undertake works to meet the following objectives

Minimise the potential impact of the project to businesses affected by construction works Ensure businesses are kept informed of the project and consulted in advance of major works or factors that are

likely to have a direct impact Ensure that business stakeholder enquiries and complaints regarding the project are managed and resolved

effectively

Consult with all business directly affected by changes to access arrangements regarding specific requirements at least two weeks prior to those changes coming into effect

8 HAZARD IDENTIFICATION AND RISK CONTROL

The following documents provide further information in regards to this topic

HSEQ Risk and Operational Control Standard Job Hazard Analysis (JHA) Procedure Permit to Work Procedure

Hierarchy of Control

The following hierarchy of control will be applied to controlling environmental risks and environmental aspects

within Georgiou This hierarchy recognises that the best controls act on the environment not on the people in it

HazardsAspects

Waste

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Site Environmental Risk Analysis

The Site Team has undertaken a construction risk assessment workshop (CRAW) and developed a HSEQ Risk

Register based on the Master Risk Register which incorporates the Companyrsquos mandatory controls and additional

site specific hazards and controls identified in the CRAW This Management Plan and the Emergency Response

Management Plan have been based upon this HSEQ Risk Register

Works on site will be undertaken in accordance with the HSEQ Risk Register The HSEQ Risk Register will be

made available to workers

Review of Risks

The aspects within the HSEQ Risk Register will be reviewed for adequacy

At site meetings Prior to the commencement of any new construction work that involves high impact risks After a significant incident

If there is a change made to the construction methodology and associated change in the risks and controls associated with the works the Risk register and Construction Environmental Management Plan will be updated as appropriate

831 Change Management

The following documents provide further information in regards to this topic

Change Management Procedure

Where there is a change to the planned scope design or construction methodology (including plant machinery

materials or sequence) the impact of the change must be assessed and a determination on whether the Change

Management Procedure applies If so then a formal analysis of the change will be undertaken using the

Management of Change Event Design Form

Changes to the project may require an assessment to determine consistency with the REF and Environmental

Documents The assessment will include

A description of the existing surrounding environment Details of the ancillary works and construction activities required to be carried out including the hours of works An assessment of the environmental impacts of the works including but not necessarily limited to traffic

noise and vibration air quality soil and water ecology and heritage Details of mitigation measures and monitoring specific to the works that would be implemented to minimise

environmental impacts Identification of the timing for completion of the construction works and how the sites would be reinstated

(including any necessary rehabilitation)

Operational Control

Operations and activities associated with significant environmental aspects will be planned to ensure they are

carried out under specific operating conditions An Environmental Control Map (ECM) Safe Work Method

Statements Job Hazard Analysis Take Five Hazard Report or a combination of these will be used to achieve this

requirement

841 Environmental Hazard Reporting

Environmental Hazard reporting will be conducted using the Hazard Report (contained within the Hazard

ReportTake 5 booklet)

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The Supervisor is responsible for ensuring environmental hazards are addressed in a timely manner using the

hierarchy of control and communicated to those who may be potentially affected Where hazards cannot be

addressed immediately and additional controls are required they are to be reported into the Beakon system for

follow-up and close-out

842 Take 5

Take 5 booklets will be available to all workers to perform risk assessments for work that is not high risk

construction Take 5 risk assessments include environmental aspects and the identified environmental controls for

these risks are to be documented on the Take 5 form and implemented for the works

843 Job Hazard Analysis (JHA)Safe Work Method Statement (SWMS)

JHASWMS will be completed for all high risk construction work JHASWMS developed will reflect the safety and

environmental risks and controls identified in the sites risk register and supporting work instructions

Subcontractors will be provided access to the sites HSEQ Risk Register and prior to undertaking the work will be

required to submit their JHArsquosSWMS to Georgiou for review and approval using the Subcontractor JHASWMS

Assessment (available in Beakon)

844 Permit to Work

The following high risk activities require written authority in the form of a ldquopermit to workrdquo from the Georgiou Site

Team

Vegetation Clearing Permit (Georgiou form) Dewatering Permit (Georgiou form) Out of Hours application (Sydney Metro form)

Relevant environmental controls detailed in this CEMP and associated sub plans (appendices) will be included in the

environmental permits No work involving these activities will commence until the appropriate permit has been

completed Personrsquos issuing permits on the Site will be given training in the Georgiou Permit to Work system A

permit may be required for other high risk activities as determined by risk assessment the Sitersquos Manager andor

contractual requirements

845 Environmental Control Maps

To assist pre-construction planning and on-site construction management the environmental site constraints are

consolidated on a series of map-based sheets that extend the length of the Project Environmental Control maps

include information pertaining but not limited to

Noise and vibration sensitive receiverrsquos eg residential dwellings

Flora features including threatened species and endangered ecological communities

Aboriginal and non-Aboriginal heritage sites including items places objects and sites

Local waterways

Recorded threatened fauna sightings

Relevant environmental controls detailed in this CEMP and associated sub plans (appendices)

The Environmental Control maps are a working element of the CEMP and will be revised throughout construction to

reflect true ground conditions and the most up-to-date information available on sensitive sites Sensitive area maps

will be used in conjunction with EWMS and ESCPs to help identify key risk areas and to promote ongoing

communication to construction personnel during the Project

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9 SIGNIFICANT ENVIRONMENTAL ASPECTS MANAGEMENT

The following environment aspects have been identified as significant for this project Risks associated with these

significant aspects and appropriate controls have been identified during the construction risk assessment workshop

(CRAW) and included in the HSEQ Risk Register in accordance with section 82

In addition aspect specific sub-plans within this CEMP have been developed to detail how the environmental

aspects will be managed to comply with relevant legislation amp client requirements These aspect specific sub plans

include

Waste

Soil and Water

Hydrocarbon and Chemical

Cultural Heritage

Air Quality and Dust

Noise and Vibration

Contamination

10 CLOSURE AND COMMISSIONING

At completion of this project Georgiou will hand over the site in an environmentally responsible state) taking into

account the nature of the works in accordance with legislative amp contractual requirements

11 TRAINING COMPETENCY AND RESOURCING

All Georgiou personnel and contractors will undergo environmental training before commencing works on site

Training will be undertaken in the following forms

project site induction (section 711) and Environmental awareness training through regular tool box discussions Inductees will be required to sign-off that they have been informed of the environmental issues and that they

understand their responsibilities

1111 Toolbox talks

ldquoToolboxrdquo training will help to ensure that relevant information is communicated to the workforce and that

feedback can be provided on issues of interest or concern ldquoToolboxrdquo training will generally be prepared and

delivered by the Project Engineers Site Foreman or HSE Advisor Toolbox training topics are to be delivered to

provide refresher information on the environmental induction topics and associated environmental procedures In

the event of environmental near misses or incidents or changes to procedures that could result in changed levels of

environmental risks Toolbox talks may be used to deliver updates

Toolbox topics likely to be required include

work methods and efficient use of plant and materials waste management minimisation and recycling dust control protecting waterways spills and leaks emergency response procedures wet weather procedures and inspections and Legislation updates Please refer to the Toolbox schedule for a library of HSE toolboxes to deliver over the life of the project

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1112 Recording of Training and Assessment

Records of training and assessment will be maintained and will be readily available for verification Records of

induction and training will include the topic of the training carried out dates names and trainer details

12 INCIDENT EMERGENCY PREPAREDNESS AND RESPONSE

The following documents provide further information in regard to this topic

Emergency Preparedness and Response Standard

EmergencyIncident Planning and Control

The site has in place an Emergency Response Management Plan (ERMP) that addresses emergency response control

and recovery based upon credible emergency scenarios as identified in the Site Risk Register The Emergency

Response Management Plan has been developed in accordance with Emergency Preparedness and Standard

13 HSE REPORTING AND INVESTIGATION

The following documents provide further information in regard to this topic

Sydney Metro Environmental Incident and Non Compliance Reporting Procedure

Notifications and Reporting

The Project Manager is accountable for ensuring all necessary reporting and notifications take place including

Client notification Statutory notification Scheme notification Community Complaints

Notifications and reporting regarding incidents will be done in accordance with the Sydney Metro Environmental

Incident and Non Compliance Reporting Procedure

1311 Internal

The Environmental Site Representative or their delegate will be responsible for reporting all incidents into Beakon

database Incidents reported into Beakon will be reviewed by the Responsible Manager and approved within five

working days or before month end in which the incident occurred

1312 Notification of Incidents to Sydney Metro

Sydney Metro will be notified of any Georgiou environmental incident as soon as reasonably practicable Copies of

the incident reports and investigations incident will be made available to Sydney Metro within 48 hours in

accordance with the Sydney Metro Environmental Incident and Non Compliance Reporting Procedure

1313 Statutory Notifications

An incident is an uncontrolled event or violation with serious or potentially serious negative consequences to

people property reputation or the environment Under Section 148 of the Protection of the Environment

Operations Act 1997 (POEO Act) Georgiou has a duty to immediately report pollution incidents causing or

threatening material harm to the environment Material harm is defined in Section 147 of the POEO Act as

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lsquoinvolves actual or potential harm to the health or safety of human beings or to ecosystems that is not trivial or

it results in actual or potential loss or property damage of an amount or amounts in aggregate exceeding

$10000 and this loss includes the reasonable costs and expenses that would be incurred in taking all reasonable

and practicable measures to prevent mitigate or make good harm to the environmentrsquo

Investigations

Investigations regarding the incident will be completed in accordance with the Sydney Metro Environmental

Incident and Non Compliance Reporting Procedure and commence as soon as practicable (preferably

immediately) but within 24 hours

All environmental incidents would be investigated in such a manner that the following basic elements can be

established

identifying the cause extent and responsibility of the incident

identifying and implementing the necessary corrective action

identifying the personnel responsible for carrying out the corrective action

implementing or modifying controls necessary to avoid a repeat occurrence of the incident

recording any changes in written procedures required and

Advising regulatory authorities in accordance with licence conditions

Review and Communication of Incidents

Incidents will be reviewed to check that causal factors and root causes were identified and that the findings have

been effectively addressed through assignment of actions at the

Site monthly meetings Business Unit meetings OHS Committee Meeting (if established)

Actual and potential class 1 incidents will be reviewed by senior management to ensure adequacy of closeout HSE

incidents and their preventative actionslearnings will be communicated at pre-start meetings toolbox meetings

and through HSE alertsbulletins as per section 7

14 ENVIRONMENTAL REPORTING

1411 Monthly Reports

Georgiou is required to submit an Environmental Monthly Report to the client including the information specified

below as evidence of implementation of the Environmental Management Plan

Implementation of environmental management including environmental monitoring implementation of environmental controls training inspections and testing

Implementation of incident management including emergency response - details of all environmental incidents or emergencies including non-compliance with environmental procedures and near misses complaints implementation of incident and emergency response management and implementation of corrective action

Implementation of reviews - details of internal reviews audits and inspections undertaken to verify that on-site environmental processes and practices conform to the Environmental Management Plan

Waste Statistics and NGERs reporting

Site Meetings

The Site will hold a monthly HSEQ Management Meeting in accordance with the Health amp Safety Management Plan

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Project Performance Review

At completion of the Project the Project Manager is responsible for arranging a review of project performance

which will include HSE management performance and lessons learnt for the purpose of continually improving

Georgiou Management Systems This review will be in accordance with the Project Close-Out Procedure

15 AUDITING REVIEWS AND INSPECTIONS

The following documents provide further information in regards to this topic

Auditing Reviews and Inspections Standard

Inspections

1511 Environmental Inspections

The following inspections will take place on site

Environmental Weekly Inspections Detailed Hazard Inspections considering timingavailability of activities Site leadership field visits These inspections will be used a process to monitor onsite environmental performance and they will cover all applied environmental mitigation measures including water quality erosion and sediment control structures fuel and chemical storage and waste management Attendees for the inspections can include Sydney Metro Environmental and project team members Georgiou Environmental and project team members and Georgiou Senior and Executive Management when conducting a Field Leadership Visit (section 64) The Environmental Site Representative will record inspection findings on the inspection report If any maintenance andor deficiencies in environmental controls or in the standard of environmental performance are observed they will be recorded on the inspection Records will also include details of any maintenance required the nature of the deficiency any actions required and an implementation priority Any Sydney Metro Environmental Inspections will occur on the Sydney Metro Inspection record template ndash Appendix 10

Audits and Reviews

The following audits are scheduled for this site

Internal

AuditReview

Purpose Commencement On-going requirement

Site HSE Mobilisation Audit

Review achievement towards site start-up activities

8 weeks after mobilisation NA

Internal HSEQ audit

Determine compliance to the management systems and an assessment as the effectiveness of those requirements to meet our legal and other obligations

Within 6 months of project start up

6 monthly

Sydney Metro (or an independent environmental auditor) Audit

EampSMS and compliance with the environmental aspects of contract documentation including Construction Environmental Management Framework

Construction Periodic

to be confirmed

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CEMP Bays Road Relocation Works

The Project Environmental Site Representative will be the principal contact for external auditors wishing to audit

the Sitersquos environmental management systems The Project Environmental Site Representative will be responsible

for responding to any external audits findings

Monitoring

Environment monitoring will be undertaken to validate the impacts predicted for the Project The monitoring

requirements for required aspects are included in the relevant environmental management sub-plans (Appendices)

All environmental monitoring equipment shall be maintained and calibrated according to manufacturerrsquos

specifications and appropriate records kept

Where monitoring results are outside of the expected range and are directly attributable to the Project (ie are

influenced by factors under the direct control of the Project eg noise from construction equipment) the process

described below will occur

An analysis of the results by the Environmental Site Representative in more detail with a view of determining possible causes for the non-conformance

A site inspection by the Environmental Site Representative or delegate Advising relevant personnel of the problem Identifying and agreeing on actions to resolve or mitigate the non-conformance Implementing actions to rectify or mitigate the non-conformance

Corrective Actions

Corrective actions identified through hazards inspections incidents auditing will be recorded in Beakon Close out of corrective actions are monitored through Site meetings and reported to senior management through the monthly and quarterly board reports

16 DOCUMENT AND RECORD CONTROL

Georgioursquos Health Safety and Environment Policies Standards Procedures Safe Work Instructions References

Guidelines Forms Templates are all accessible via the Companyrsquos Intranet - GENIE GENIE will maintain the

current and only authorised versions for use

Environment Management documentation that has been specifically developed for the site will be controlled on site

and recorded on the Site Document Register in accordance with the Site Quality Management Plan

The Project Manager is the owner of this plan and will apply change control to ensure the most recent plans are

approved and executed

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CEMP Bays Road Relocation Works

17 APPENDICES

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Appendix 1 - Waste Management Sub Plan Responsibility

Objectives amp Targets

Refer to the Site Objectives amp Targets (section 57 of this CEMP) Minimise spoil generation where possible The project will mandate 100 reuse or recycling (on or off-site) of usable spoil Spoil will be managed with consideration to minimising adverse traffic and transport related issues Spoil will be managed to avoid contamination of land or water Spoil will be managed with consideration of the impacts on residents and other sensitive receivers Site contamination will be effectively managed to limit the potential risk to human health and the environment Minimise waste throughout the project life-cycle Avoidance of unnecessary resource consumption Resource recovery (including reuse reprocessing recycling and energy recovery) and Disposal

Project Manager

Performance Criteria

100 Compliance with Client amp legal requirements 100 achievement with Project Objectives amp targets 100 achievement of relevant Sydney Metro CEMF objectives

Project Manager

Mitigation Measures

Training and Competency

As part of the Site Induction workers will be informed of

- The types of waste generated on site

- How the wastes are to be handled stored and disposed of Personnel responsible for clean-up of spills will be provided with instruction on how to use the sites

spill kits Personnel handling hazardous materials will be provided training to read and understand the SDS

Project Manager

Unidentified Waste Wastes that cannot be positively identified (ie unlabelled liquids potential asbestos) will be tested

before handling and disposal Any material that is unknown should be considered hazardous until positively identified

Project Engineer

Handling

Where practicable dust generating rubbish and debris will be removed to minimise dust release into the atmosphere

Handling of waste will be done in accordance with relevant state or local by-laws using suitable personal protective equipment

Project Engineer

Storage

Containers used for storage are not to be opened handled transported or stored in a manner that may rupture the container

All waste will be stored in waste receptacles and removed off site by a licensed contractor on a periodic basis

Dedicated recyclable and hazardous receptacles will be labelled Wastes stored on site will be stored in a manner to prevent the attraction of vermin and native

wildlife Waste is to be stored away from access and egress routes

All

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Appendix 1 - Waste Management Sub Plan Responsibility

The quantity and volume of wastes stored on site may be minimised where reasonably practical to reduce the risk to health safety and the Environment

Project Managers will be responsible for identifying and obtaining any required licenses andor permits to store wastes

Disposal

In deciding how to dispose of waste generated on site consideration will be given to reducing reusing or recycling waste where reasonably practical to minimize the volume sent to landfill Where reuse or recycling is not a feasible option the waste will be sent to a facility capable of accepting the waste

The burning of any type of wastes will not be permitted on any Georgiou site The use of stormwater drains for the disposal of waste is prohibited The disposal of waste will be done in a manner to prevent any damage to the environment

Project Engineer

Transportation

The removal and transportation of hazardous waste controlled waste (eg asbestos hydrocarbons and sewage) for disposal will only be conducted by licensed carriers Licensed operators will be engaged in accordance with the Procurement Procedure

Before a hazardous waste controlled waste is transported off site a waste tracking receipt will be collected from the operator as verification that the waste was correctly transported off site and to identify the proposed location for disposal The receipt will be scanned and filed into the DMS and linked to the Site Waste Register A copy of the receipt will be held for a minimum of 3 years

The transportation of other wastes for disposal will only be conducted if the load is covered or there is no risk of loaddebris falling and the load is disposed of at a registered landfill

Project Manager

Spoil

Although the Project would require the importation of fill material the excess spoil would be generated including from the following sources

Soils ndash This includes any topsoil and natural subsoils (ie soils between the topsoil and underlying bedrock)

Natural rock ndash This material would be generated from excavation of sandstone bed rock if required Road construction material ndash This would include material generated from the demolition of the

existing roads such as asphalt concrete geotechnically stabilised road sub-base and base material

Project Engineer

Spoil Classification

Spoil generated during the Construction of the Project will be firstly assessed for reuse in the project Should it not be suitable for onsite reuse it will be assessed in accordance with the Sydney Metro Classification Procedure (Appendix 1A) It will firstly be assessed against the requirements for Virgin Excavated Natural Material (VENM) detailed within the Protection of the Environment Operations Act 1997(POEO Act)

Project Engineer

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CEMP Bays Road Relocation Works

Appendix 1 - Waste Management Sub Plan Responsibility

If the material is not deemed to be VENM an assessment of the suitability of any current general resource recovery exemptions issued under the Protection of the Environment Operations (Waste) Regulation 2014 will be undertaken Current general resource recovery exemptions that may apply to the Project are

The excavated natural material exemption 2014 The excavated public road material exemption 2014 Spoil that cannot be re-used onsite or offsite under any of the exemptions stated above or classified as VENM will require waste classification in accordance with the Waste Classification Guidelines Part 1 Classifying Waste (EPA 2014) prior to offsite disposal at an appropriately licensed facility

The management of spoil generated from the Project will be guided by the hierarchy detailed below

Rank Control Measure Implementation Example Potential to implement on Project

1 Avoid and reduce spoil

generation Reduce the amount of spoil being

generated through design and construction methodology

Limited

2 Prioritise reuse of contaminated

spoil onsite vs clean spoil Identify areas with lower risk of

contamination to spoil offsite as this will result in lower waste disposal costs for project

GSW and Contaminated Spoil is to

be utilised as fill on the project

prior to the use of excavated

sandstoneVENM The project will

produce excess spoil and the

priority is for this excess to be

sandstoneVENM

3 Reuse within Project Prioritise reuse of more contaminated

spoil onsite vs less contaminated spoil Reuse in the Project to fill

embankments and mounds within short haulage distance of source

Restoration of any pre-existing contaminated sites within the Project boundaries

Reuse as a feed product in Construction materials (eg concrete)

Preferred but dependant on area

available

Project Manager Project Engineer Project Engineer

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CEMP Bays Road Relocation Works

Appendix 1 - Waste Management Sub Plan Responsibility

4 Reuse for environmental works Reuse in revegetation and

rehabilitation projects Reuse in operational noise mitigation

works

Preferred as stockpiling on site is

restricted

5 Reuse on other development

projects Reuse for fill embankments and

mounds on projects within an economic transport distance from site

Preferred as stockpiling on site is

restricted

6 Reuse for land restoration Reuse for land reclamation or

remediation works Reuse to fill disused facilities eg

mines and quarries to enable ecological rehabilitation or other ecologically beneficial end use

Preferred as stockpiling on site is

restricted

7 Reuse for landfill management Reuse to cap completed landfill cells Reuse in daily covering of landfill

waste

Limited

8 Dispose offsite as waste Disposal of excess spoil as waste at an

approved facility licensed to receive that material

Potential but not preferred

Hazardous Waste - General

Hazardous wastes will be stored in sealed containers where practical and clearly labelled with waste type

Hazardous waste receptacles will be maintained in good condition to prevent leaks or spills Offensive odours should not be generated at any time when stored Hazardous wastes with a significant risk to human health and safety will be stored in containers that

comply with relevant legislation and guidelines Hazardous wastes will not be permitted to accumulate to a level that presents an unreasonable risk

to human health safety or the environment Controlled waste storage will be suitably contained to ensure debris does not travel beyond the boundary of the premise

Hazardous waste will be stored and segregated in accordance with their SDS Hazardous waste will be risk assessed to ensure they do not contaminate or interact with goods that are incompatible Where there may be a risk of fire hazardous waste will be segregated to prevent storage incompatibilities

Hazardous liquid waste will not be permitted to enter the environment

All

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CEMP Bays Road Relocation Works

Appendix 1 - Waste Management Sub Plan Responsibility

Design considerations for secondary containment will be given to the storage of liquid wastes to contain any potential spills Hazardous waste will be stored onin bunded palletsareas which will be compliant with AS1940-2004 443 (the bunded palletarea must have the capacity to contain 110 of the largest container

Hazardous waste such as batteries hydrocarbons sewage and asbestos will only be handled for final disposal recycling by certified waste removing contractors Sewage waste not plumbed directly into the main sewerage system will be contained within holding tanks on site compounds and emptied on a periodic basis or as required by a licenced contractor

Hazardous Waste - Batteries

Automotive and lead-based batteries will be stored in a manner that does not contaminate the natural surrounding environment This may include storage on bunded palletsareas on concrete hard stand or on any other sealed surface

All

Hazardous Waste - Asbestos

The disposal processes for asbestos will involve independent competent persons Identified ACM (Asbestos Contaminated Material) will be clearly marked out and controls put in place

to prevent contamination into surrounding areas

Project Manager

Hazardous Waste - Sanitary Sewage Waste

Sewage waste will either be plumbed directly into the main sewerage system or contained within holding tanks on site compounds and emptied as required

Sewage waste stored in bunded tanks underneath the toilets will be emptied by a licensed contractor on a periodic basis

Sanitary wastes will be stored in solid containers and clearly labelled for identification Sanitary wastes will not be re-handled after disposal to minimise the exposure and risk of double

handling Sanitary conveniences will be calculated based on the number of workers based on the site and meet

legislative requirements Sanitary waste will be stored away from food sources or where food is served Controls to prevent offensive odours to the public and workers will be implemented

Project Engineer

Recyclable Waste

On site paper and cardboard and scrap metal will be segregated to be collected and transported to a recycling facility

Green waste will be mulched and stockpiled with topsoil for use in revegetation Aggregate will be segregated during cut and fill operations for re-use

Project Engineer

Waste Water Any waste water or liquids must be disposed of to an approved receptacle and stored within an approved bunded location until they are removed from site

Project Engineer

Putrescible Waste Putrescibles waste will be stored into general waste containers that prevent the release of debris and leachate

Project Engineer

Clinical Waste In the event that clinical waste has been found the following control may be employed Project Engineer

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Appendix 1 - Waste Management Sub Plan Responsibility

Syringes and needles found on site will be stored in a clearly labelled solid sealed container to prevent access to contents They will be disposed of at a licenced provider

Clinical wastes will not be re-handled after disposal to minimise the exposure and risk of double handling

Concrete

Kibbles Concrete truck are to be washed out into a designated bunded area When the concrete is dried it will be disposed of with general waste

At no point will any Concrete truck or kibble be permitted to wash out at any point other than the designated area with all the associated controls in place

Project Engineer

Weekly (VisualDocumented)

DHI Environment to be completed via Beakon HSE Advisor

Reporting HSEQ Monthly Management Meeting Monitor and record the volumes of waste and the methods and locations of disposal Maintain records of all required waste dockets and receipts and provide to Sydney Metro monthly

Project Manager

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CEMP Bays Road Relocation Works

Appendix 1A ndash Sydney Metro Waste Classification Procedure

Unclassified

Unclassified

Waste Classification Procedure

SM-20-00040677

Sydney Metro Integrated Management System (IMS)

Applicable to Sydney Metro

Document Owner Hugh Chapman Associate Director Environment Operations Customer amp Place-Making

System Owner Carolyn Riley Director Environment Sustainability amp Planning

Status Final

Version 30

Date of issue Pending

Review date Pending

copy Sydney Metro 2020

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 2 of 14

SM-20-00040677 Waste Classification Procedure V30

Table of contents

1 Introduction 3

11 Purpose and scope 3

12 Definitions 3

13 Spoil Management Decision Framework 5

14 Spoil Handling and Segregation 5

15 Typical Application of the Framework 6

16 Unexpected Finds Protocol 7

17 Accountabilities 14

2 Related documents and references 14

3 Superseded documents 14

4 Document history 14

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 3 of 14

SM-20-00040677 Waste Classification Procedure V30

1 Introduction

11 Purpose and scope

This framework describes the approach to classifying spoil and demolition materials generated during works in accordance with environmental legislation and guidelines

This framework considers the reuse of materials on site the beneficial reuse of materials transported off site as waste (for example as virgin excavated natural material [VENM]) the recycling of materials at offsite facilities and the offsite disposal of materials when reuserecycling is not achievable

The framework considers only the compliance and classification elements of the spoil management process and does not consider all of the practical issues associated with construction geotechnical properties of the spoil or market forces and costs that influence the reuse potential of spoil or other wastes

Section 16 of this framework outlines an Unexpected Find Protocol (UFP) to be implemented should unexpected potential contamination be found during works

12 Definitions

All terminology in this Procedure is taken to mean the generally accepted or dictionary definition Other terms and jargon specific to this Procedure are defined within the SM-17-00000203 Sydney Metro glossary Acronyms specific to this document are listed below

Definitions

2014 Waste Regulation

Protection of the Environment Operations (Waste) Regulation 2014

CLM Act Contaminated Land Management Act 1997

Contamination

As defined in the CLM Act ldquomeans the presence in on or under the land of a substance at a concentration above the concentration at which the substance is normally presenthellipin the same localityhellipthat presents a risk of harm to human health or any other aspect of the environmentrdquo

Demolition materials

Materials such as concrete bricks and timber resulting from the demolition of buildings and structures Most demolition materials are pre-classified as General Solid Waste (non-putrescible) (see definition below) under the NSW EPA (2014) Waste Classification Guidelines However some demolition materials such as asbestos have other classifications as described below

EIS Environmental Impact Statement for the project which assesses potential environmental impacts and mitigation measures in accordance with the EPampA Act (see below)

ENM Excavated Natural Material as defined in The excavated natural material order 2014

being excavated material that is at least 98 (by weight) natural material that does not meet the definition of VENM (see below)

EPA NSW Environment Protection Authority

EPampA Act Environmental Planning amp Assessment Act 1979

EPL

Environment Protection Licence as may be held by an owner or operator of a premise licensed to receive process recover or store waste The EPL will contain a number of conditions that must be met by the holder These will specify the type(s) of waste the facility is permitted to receive process recover or store and include pollution prevention or monitoring requirements

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 4 of 14

SM-20-00040677 Waste Classification Procedure V30

Definitions

Fill Soil and any associated extraneous materials (such as demolition wastes industrial by-products and refuse) imported to and placed at the location

GSW

General Solid Waste classified in accordance with the NSW EPA (2014) Waste Classification Guidelines GSW may be classified as putrescible or non-putrescible depending on the content of putrescible organic material Spoil and demolition materials are typically non-putrescible

HW

Hazardous Waste classified in accordance with the NSW EPA (2014) Waste Classification Guidelines HW must be treated prior to disposal to landfill HW is typically

spoil that is contaminated with chemicals at concentrations that exceed all screening criteria specified in Step 5 of the Waste Classification Guidelines

Naturally Occurring Soil

Any soil which has not been significantly disturbed by human activities

NEPM National Environmental Protection (Assessment of Site Contamination) Measure 2013

POEO Act Protection of the Environment Operations Act 1997

Recycling Material that is removed from the project site (thereby becoming Waste) and is deposited at an appropriately licenced recycling facility for processing prior to reuse by others

REF Review of Environment Factors which addresses the likely environmental impacts and details protective measures to manage against any adverse effects in accordance with the EPampA Act

Remediation

As defined in the CLM Act remediation of contaminated land includes

(a) preparing a long-term management plan (if any) for the land and

(b) removing dispersing destroying reducing mitigating or containing the contamination of the land and

(c) eliminating or reducing any hazard arising from the contamination of the land (including by preventing the entry of persons or animals on the land)rdquo

Remediation is the act of mitigating exposure to contamination in its original location The process of remediation can generate spoil that may be subject to reuse within the project area (where that reuse is adequately controlled in order to mitigate exposure risks) or the removal of contaminated spoil for treatment andor disposal off site

Reuse offsite

Material to be reused by application to land at a location outside of the project site without the need for processing prior to reuse Material meeting the definition of VENM or ENM or material that is subject to an RRO and RRO are suitable (from an environmental perspective) for reuse at remote sites where all requirements of the POEO Act and CLM Act are met

Reuse onsite

Material that is excavated on the project site and reused on the project site Material to be reused onsite is not defined as Waste and does not require classification in accordance with NSW EPA (2014) Waste Classification Guidelines The material must be suitable for the final land use at the placement location in accordance with EPA guidelines made or approved under the CLM Act and must not cause pollution under the POEO Act If transport to another part of the project area requires material to be taken outside the site boundary temporarily this must be undertaken in accordance with the EIS or following consultation with relevant regulators

RRE Resource Recovery Exemption contains the conditions that must be met by consumers of a waste type to allow its exempt reuse as granted by the EPA under the 2014 Waste Regulation

RRO Resource Recovery Order contains the conditions that must be met by generators and processors of a waste type to allow its exempt reuse as granted by the EPA under the 2014 Waste Regulation

RSW Restricted Solid Waste classified in accordance with the NSW EPA (2014) Waste Classification Guidelines An example of RSW is spoil that is contaminated with chemicals above the criteria specified in Step 5 of the Waste Classification Guidelines

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 5 of 14

SM-20-00040677 Waste Classification Procedure V30

Definitions

Special Waste

As defined in the NSW EPA (2014) Waste Classification Guidelines a class of waste with

unique regulatory requirements Asbestos or any waste containing asbestos (eg spoil containing any fragments of asbestos cement sheeting) is Special Waste If Special Waste is mixed with RSW or HW (eg spoil classified as RSW that also contains asbestos) then the waste must be managed in accordance with both classifications

Spoil Soil or rock material generated from excavation activities

UFP Unexpected Find Protocol

VENM Virgin Excavated Natural Material as defined in Schedule 1 of the POEO Act being excavated natural material not mixed with any other waste and not from a contaminated area

WARR Act Waste Avoidance and Resource Recovery Act 2001

Waste Spoil or demolition material that has been taken off site which may be classified as Special Waste GSW RSW or HW

13 Spoil Management Decision Framework

Figure 1 provides a high-level flowchart for decisions regarding the fate of spoil generated on the site As reflected in Figure 1 the preferred spoil management hierarchy for the project listed from most preferred to least preferred is as follows

1 Spoil is reused within the project boundary

2 Spoil is beneficially reused at an appropriate offsite location

3 Spoil is recycled at an offsite licenced facility

4 Spoil is disposed to landfill

The approach to spoil classification is further detailed in Table 1 Table 1 describes the criteria information inputs and control measures required to be applied when reusing spoil on site reusing spoil offsite recycling spoil offsite or disposing of spoil

The framework does not account for the practical site based engineering or financial constraints associated with the hierarchy These must be addressed during delivery and the most appropriate efficient and sustainable method of spoil management adopted

14 Spoil Handling and Segregation

Careful excavation handling and segregation of spoil is critical to ensuring that materials with varying classifications are not mixed (cross-contaminated) and are not reused recycled or disposed in a manner inconsistent with their classifications

Appropriate segregation is also important in controlling the costs of spoil disposal to landfill noting that the inadvertent mixing of materials with low concentrations of contaminants with materials containing higher concentrations typically results in a higher classification and higher disposal rate (financial) being applied to all of the materials

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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SM-20-00040677 Waste Classification Procedure V30

The following processes are to be applied when excavating handling and segregating all spoil (for clarity a reference to a ldquogeological unitrdquo includes units or different layerstypes of Fill)

Spoil from each geological unit should be classified separately using sampling data that relates only to that unit Classification sampling may be performed in-situ (prior to excavation) or ex-situ (following excavation)

Spoil from each geological unit (as described in Part 4 below) should be excavated segregated and stored separately from spoil arising from other geological units

Excavations should be carefully monitored for visual indications of contamination such as stained soils odorous soils or the presence of anthropogenic waste materials Any spoil containing visual indicators of contamination will be excavated segregated and stored separately from other spoil Where unexpected contamination is identified an appropriate unexpected finds procedure must be implemented to manage potential human health or environmental risk (refer to Part 5)

Each spoil stockpile should be treated as a ldquobatchrdquo with its classification data clearly identifiable and will be handled stored transported and reusedrecycleddisposed as a batch Spoil stockpiles will not be managed in a ldquocontinuousrdquo manner with portions added taken away or mixed over a period of time and

Spoil should be tracked from cradle to grave to ensure a complete and accurate record of movement from the point of excavation to the final point of placement For clarity this includes tracking of spoil movement on the site as well as off the site

Tracking of spoil movement (whether the spoil is waste or not) requires must include written records of spoil excavation handling transport storage and placement via a centralised tracking system Personnel must be suitably trained in the use of the system and sufficient detail must be recorded and retained such that material typesclassifications volumes and location are tracked from the time the material is excavated until it is placed permanently (onsite or offsite) This includes accurate records of any interim handling or placement (such as stockpiling or treatment) Stockpiles onsite are to be clearly labelled at all times Tracking information is to be kept on-site and be available on request

15 Typical Application of the Framework

This section provides some practical guidance in implementing the spoil classification framework (further detailed in the attached Figure 1 and Table 1

An explanation of the likely classification of spoil excavated during works based on typical geological units is provided below

Fill ndash Fill is imported materials which have been placed on the site at some time in the past Fill generally exists at depths ranging up to 3m below ground surface on developed areas and brownfield sites Fill may exist to depths exceeding 20m in reclaimed lands landfill sites former brick pits footings and similar Fill cannot be classified as VENM Fill has an increased likelihood of being contaminated (compared to natural soils) and will predominantly be classifiable for offsite disposal as GSW Special Waste RSW or HW Some materials such as road base or crushed concrete may be recoverable under generic or specific RRERRO arrangements

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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SM-20-00040677 Waste Classification Procedure V30

Naturally Occuring Soils ndash Soil which has not been significantly disturbed by human activities Naturally occurring soils may be residual soil sediments aeolian or other In the majority of cases naturally occurring soils will be classifiable as VENM or ENM for offsite reuse However where overlying contamination in Fill has leached and caused contamination of underlying natural soils where point sources of contamination are present (such as industrial facilities or fuel storage facilities) or where significant groundwater contamination has migrated into the area offsite reuse may not be appropriate and other classifications such as GSW RSW or HW may be applicable Where evidence of potential contamination exists spoil is required to be sampled and classified in accordance with NSW EPA (2014) Waste Classification Guidelines

Rock ndash Rock in-situ will in the majority of scenarios be classifiable as VENM or ENM unless significant contamination is present in overlying soils or significant contamination has migrated to the rock within groundwater Where the excavation of rock involves the use of additives (for example to facilitate tunnel boring) the material would no longer be classifiable as VENM or ENM and would instead likely be classifiable as GSW A project specific RRERRO would then be required to allow for offsite reuse

The type of material (ie geological unit) excavated during works will provide guidance on implementing the spoil classification framework in regard to reuse opportunities

Reuse Onsite ndash Any of the material excavated which is Fill a Natural Occurring Soil or Rock may be suitable for reuse on the project site Wherever reuse onsite is to occur the material does not require classification in accordance with the NSW EPA (2014) Waste Classification Guidelines Instead the material must be validated as being suitable for the final land use at the placement location in accordance with EPA guidelines made or approved under the CLM Act and the material must not cause pollution under the POEO Act For clarity the classifications GSW RSW and HW have no direct relationship to the potential for reuse of materials on the project site

Reuse Offsite ndash With the exception of Fill it is likely that the majority of spoil will be suitable from an environmental perspective for reuse off-site Specifically all VENM ENM and material to which an RRERRO apply will be suitable (from a legislative and environmental perspective) for reuse at an offsite location

16 Unexpected Finds Protocol

This section provides guidance on implementing the Unexpected Finds Protocol (UFP) which is detailed in the attached Figure 2 The purpose of the UFP is to provide a clear procedure in the event of an unexpected find of contamination or potential contamination The UFP is only to be implemented following an unexpected find The handling of known contamination should already be addressed in construction and environmental management plans

Key indicators of potential contamination include (but are not limited to)

Fibrous cement or other asbestos containing materials

Discolouration of soil

Odours from soil andor groundwater

Buried drums or underground storage tanks and

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 8 of 14

SM-20-00040677 Waste Classification Procedure V30

Oily sheen on water

Should any of the above be discovered and is considered to be unexpected then the UFP in Figure 2 will need to be implemented

An explanation of key actions within the UFP is provided below

Notifying the Site Supervisor ndash Site Supervisor or an appropriate delegate are to be made aware of the find immediately

Securing the affected area ndash This includes restricting access to the area and implementing appropriate environmental controls around affected area in minimise risk to the environment and human health Examples of controls include barricading the affected area the diversion of water to minimise potential spread via surface water runoff covering the area re-burying andor wet-down Environmental controls are to be implemented appropriately in regard to the contamination source and site conditions

Emergency Response ndash In the event that the find presents andor creates health or environmental concerns which would require an emergency response call 000 andor implement the projects incident response and reporting process

Notify Principal or Sydney Metro ndash The Principalrsquos Representative and the Environmental Representative must be notified of the unexpected find

Recommence works ndash Works can be recommenced in an alternate area where practicable and where it is safe to do so

Assessment ndash The potential for any ongoing risk to the environment or human health during construction or operation of the site and whether or not the agreed scope appropriately manages the contamination will need to be assessed by a competent and qualified person (ie a contaminated land specialist or in the case of asbestos a hygienist or asbestos assessor)

Material Classification ndash Contaminated materials which are to be removed from the site are to be classified in accordance with the NSW EPA Waste Classification Guidelines and the Spoil Classification Framework detailed in this document See Figure 1 and Table 1

An unexpected find may result in additional works being required for the remediation of contaminated materials which fall outside of the current scope of the project Any such works will need to comply will all relevant legislation and guidelines and will require appropriately qualified persons to prepare the methodology and controls Any such works will require approval from Sydney Metro

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 9 of 14

SM-20-00040677 Waste Classification Procedure V30

Spoil classification process flow

Syd

ne

y M

etr

oN

SW

EP

A W

aste

Gu

ide

line

s C

lassific

ation

ndash P

art

1 (

20

14)

Syd

ne

y M

etr

o

Additional inputs or information requirementsProcess

Is there an opportunity to re-use the spoil

on site

Is there an opportunity to use the spoil at

an offsite locat ion

Can the spoil be recycled

The spoil must be classif ied in accordance with the NSW Environmental Protection Authority (EPA) Waste Classification

Guidelines

1) Is the waste Special Waste ie does the waste contain asbestos Refer to the Protection of the Environment Operations

(POEO) Act and Waste Regulation Part 4 Management of Special Waste

2) Is the waste Liquid Waste

3) Is the waste pre-classified

4) Does the waste have hazardous

characteristics

5) Classify by chemical assessment Waste generators must chemically assess their waste in accordance with Step 5 of the Waste

Classification Guidelines to determine the waste s classification where it has not been classified under Steps 1 to 4 of the Guidelines

Re-use onsite Cost time and engineering requirements to be

considered as well as environmental risks before placement

Re-use offsite To allow offsite use the material mist be classifiable

VENM ENM or be subject to Resource Recovery Exemption and Order

No matter the classification the offsite location must conf irm it can legally

accept the spoil

Recycle offsite The spoil must go to a licenced treatment facility and

must meet the specific requirements of that facilities licence

Liquid waste The waste is not spadable andor becomes free-flowing

at or below 60 degrees Celsius or when it is transported

Pre-classified waste Refer to NSW EPA Waste Classif ication guidelines

for pre-classificat ions of Hazardous Wastes General Solid Waste

Dangerous goods Meets Dangerous Goods Classificat ion for classes 1

2 41 42 43 5 61 and 8

The waste has been classified in accordance with the Waste Guidelines and is ready to be transported offsite Prior to transport

the following must be confirmed and all relevant requirements met

Is the landfill or facility licenced to accept the type of waste

Is the waste subject to waste tracking requirements under the POEO Act or any other regulation

Is the transport contractor licenced to carry the waste as classified

6) Is the waste putrescible

Sampling under Step 5 must meet the requirements of the NSW Waste Classification Guidelines

Sampling can be in-situ (ie prior to excavat ion) or ex-situ (from stockpiles after excavation) but in both

scenarios

Sampling density is to as a minimum meet the sampling densities recommended in the Victorian

EPA soil sampling guidance

httpsrefepavicgovau~mediaPublicationsIWRG702pdf

Analytes must reflect the contaminants of concern likely to be present at the site and as a

minimum consider Asbestos Metals TPH BTEX PAHs and PFAS Other side specific

contaminants may include hexavalent chromium PCBs pesticides etc

If retained onsite the Waste Classif ications Guidelines do not apply BUT the material must be suitable

from a human health and environment perspective to remain This requires assessment against the

NEPM and may include visual inspections or sampling and analysis The input of an appropriately

qualified professional is required prior to the re-use of any fill or potentially contaminated spoil

Once the spoil is removed from the site it becomes Waste All waste must be transported to a facility

that is licenced to accept it VENM ENM andor Resource Recovery ExemptionsOrders impart specific

requirements regarding assessment sampling analysis classificat ion and use of these types of spoil

The requirements regarding sampling and record retention must be adhered to

Once spoil is removed from the site it becomes Waste All Waste must be classified in accordance with

the NSW EPA Waste Classification Guidelines and be transported to a facility licenced to accept it

Note that whether or not the asbestos is present further classif ication is required under Steps 2 to 6 of

the EPA Waste Classification Guidelines

Yes or No

General solid waste restricted waste or hazardous waste

No

Yes

Yes

Yes

Yes or No

Yes

Yes

Yes

No

No

No

No

No

Figure 1 Spoil Classification process flow

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 10 of 14

SM-20-00040677 Waste Classification Procedure V30

Table 1 Spoil Classification process flow

Decision Criteria InputsData ControlsReview

Reuse of the material on or within the approved project area

Most preferred option under WARR Act and Sydney Metro environment and sustainability policy

Suitable placement locations have been identified

The material is suitable for the final land use at the placement location in accordance with EPA guidelines made or approved under the CLM Act and will not cause pollution under the POEO Act

The spoil meets engineering requirements for placement locations

Where spoil or demolition materials require treatment or processing onsite to treat contaminants or to amend engineering properties the need for an EPL must be assessed and resulting conditions met

If transport to another project area is required and such transport requires material to be taken outside the site boundary temporarily this will need to be appropriately address in the projectrsquos environmental approvals (eg EIS or REF)

Appropriate risk-based assessment confirms the material is suitable for proposed final land use from a contamination perspective

Appropriate geotechnical assessment confirms the material is suitable for proposed final land use

EPL if required for onsite processing

Complete material tracking record including documentation of final placement location

Environmental controls to prevent cross-contamination of material prior to placement and pollution during placement

Training of relevant personnel in spoil reuse framework and underlying management plans

Audits of sampling data tracking and placement information and reuse locationssites

Long-term management plan and monitoring andor Environmental Protection Licence under the POEO Act (if required)

Reuse of the material off site

Spoil becomes waste under POEO Act once removed from site

Material meets VENM definition

Suitable off site reuse locations have been identified and sites have the necessary approvals to accept the material

Assessment confirms material is VENM Sampling may be required depending on nature of material and source

Receival site provides confirmation that waste can be accepted

Approval under EPampA Act or EPL

Section 143 certificate

Material tracking record from the Metro site to the receival site

Environmental controls to prevent pollution during transport

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 11 of 14

SM-20-00040677 Waste Classification Procedure V30

Decision Criteria InputsData ControlsReview

Material meets ENM definition

Suitable off site reuse locations have been identified and sites have the necessary approvals to accept the material

Sampling conducted in accordance with ENM RRO prior to transport off site and results meet criteria

Statement of RRO compliance provided to each receival site

Receival site provides confirmation that waste can be accepted

Approval under EPampA Act or EPL

Section 143 certificate

Meets RRE conditions

Material tracking record from the Metro site to the receival site

Environmental controls to prevent pollution during transport

RRO records maintained for six years including details of sampling plan sampling results quantities supplied and receival sites

Material does not meet VENM or ENM definitions but has potential for reuse under a specific RRORRE An example is tunnel spoil containing additives

Suitable off site reuse locations have been identified and sites have the necessary approvals to accept the material

Consult with the EPA prepare and submit application for specific RRORRE Characterisation data will be required for the application

Once specific RRORRE is granted obtain sampling data (and meet any other specific obligations) in accordance with conditions and confirm results meet criteria prior to transport off site

Statement of compliance provided to each receival site

Receival site provides confirmation that waste can be accepted

Approval under EPampA Act or EPL

Section 143 certificate

Meets RRE conditions

As for reuse on site plus

Statement of compliance provided to each receival site

RRO records maintained for six years

Recycling off site

Material (spoil and demolition materials) becomes waste under POEO Act once removed from site

Material meets the EPL andor planning approval requirements for the receival facility and has value for recycling

Suitable receival facilities have been identified and sites have the necessary approvals to accept the material

Assessmentsampling confirms the material meets the receival facility EPL conditions (typically GSW)

Appropriate EPL held by receival facility

Receival facility has confirmed waste can be accepted

As for reuse on site plus

Waste tracking documentation depending on waste type

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 12 of 14

SM-20-00040677 Waste Classification Procedure V30

Decision Criteria InputsData ControlsReview

Disposal off site

Material does not fit one of the above categories andor suitable reuse or recycling locations could not be identified

Least preferred option

Waste is classified as GSW RSW or Special Waste

Suitable receival facilities have been identified and sites have the necessary approvals to accept the material

Pre-classification or sampling results to classify material in accordance with NSW EPA (2014) Waste Classification Guidelines

Appropriate EPL held by receival facilities

Receival facility has confirmed waste can be accepted

As for reuse on site plus

Waste tracking documentation depending on waste type

Waste is classified as HW

Suitable treatment facilities have been identified and sites have the necessary approvals to accept the material

Pre-classification or sampling results to classify material in accordance with NSW EPA (2014) Waste Classification Guidelines

Appropriate EPL held by treatment facilities

Treatment facility has confirmed waste can be accepted

As for reuse on site plus

Waste tracking treatment and disposal documentation

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 13 of 14

SM-20-00040677 Waste Classification Procedure V30

Unexpected find process flow

Flo

w

Process Additional information

Unexpected potential

contamination find1 Immediate ly stop works

2 Notify the Site supervisor 3 Secure the affected area

Is an emergency

response required for any

health or environment

concerns

4b Notify Principal s Rep and

Environmenta l Rep

4a Trigger pro ject incident response and

reporting mechanism andor call 000

5b Inform the

Principal s Rep

Does the

contamination

present and ongoing risk to

environment or human

health dur ing

construction or

operation

Will the

agreed scope result in the

complete removal of the

contamination

Does the

disposal of the unexpected

find result in addi tional costs

to the Principa l

5a Materials to be classified in

accordance with the NSW EPA Waste

Classification Guidel ines (2014) (see

Figure 1 Spoil classification flow)

6a Inform the

Principal s Rep

6b Dispose of the material in

accordance with all relevant legislation

the project Spoil Classification amp

Management Framework and any

relevant directions from Sydney Metro

6c Develop

appropriate

methodology

plans to

manage the

contamination

and implement

Indicators of potentia l

contamination include

Fibre cement or other asbestos

containing materials

Discolouration of the so il

including staining andor

discolouration

Odours from soil or

groundwaterseepage

Bur ied drums and storage tanks

Oily sheen on water

Note this does not include on-

site contamination

Securing of the area should restrict

access to the affected area This

should include as a min imum

environmenta l controls around the

affected area to contain

contaminated material including

diversion of water to minimise

potential spread via surface water

runoff

Where contaminants are likely to

result in odours vapours or

airborne asbestos fibres immediate

action should be taken to prevent

their release (eg cover re-bury or

wet-down

Recommence works in alternate

area where practicable and safe

Assessment to be conducted by

suitably qualified and experienced

person

Methodology controls and p lans

are to be prepared by a sui tab ly

qualified and experienced person

and approved by Sydney Metro

prior to being actioned

Works may continue in the affected

area when it is safe and where

works will not exacerbate

contamination or hinder future

remediation works

Note Remediation of contaminated

materials may include (but not be

limited to) capping of

contaminating treatment andor off-

site disposal All associated

activities with the remediation of

contaminated materials such as

excavation handling stockpiling

and transport are to be addressed

an prepared methodology and

controls

Yes

No

Yes or unsure

No

No or unsure

Yes

Yes

No

Figure 2 Unexpected find process flow

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 14 of 14

SM-20-00040677 Waste Classification Procedure V30

17 Accountabilities

The Director Program Sustainability Environment amp Planning is accountable for this document including approving the document monitoring its effectiveness and performing a formal document review

Direct Reports to the Chief Executive are accountable for ensuring the requirements of this document are implemented within their area of responsibility

Direct Reports to the Chief Executive who are accountable for specific projectsprograms are accountable for ensuring associated contractors comply with the requirements of this document

2 Related documents and references

3 Superseded documents

4 Document history

Related documents and references

Entries should be formatted with IMSiCentral number followed by correct title and hyperlinked eg

SM-17-00000203 Sydney Metro glossary

Superseded Documents

There are no documents superseded as a result of this document

Version Date of approval Notes

02 Pending New IMS document

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Appendix 2- Soil and Water Management Sub Plan Responsibility

Objectives amp Targets

Refer to the Site Objectives amp Targets (section 57 of this CEMP) Minimise pollution of surface water through appropriate erosion and sediment control Minimise leaks and spills from construction activities Maintain existing water quality of surrounding surface watercourses Source construction water from non-potable sources where feasible and reasonable

Project Manager

Performance Criteria

100 Compliance with Client amp legal requirements 100 achievement with Site Objectives amp Targets 100 achievement of relevant Sydney Metro CEMF objectives

Project Manager

Mitigation Measures

General Erosion and sediment measures would be implemented in accordance with the principles and

requirements in Managing Urban Stormwater ndash Soils and Construction Volume 1 (Landcom 2004) and Volume 2D (NSW Department of Environment Climate Change and Water 2008)

Project Manager

Training and Competency

As part of the Site Induction workers will be informed of any significant water aspects and Site specific controls to minimise potential impacts

Emergency Management Team members will be provided training to respond to a discharge of contaminated water or hazardous substances into the environment

Project Manager

Notification The Site will not modify or remove any water utility assets without their approval Notification

of approval will be received by Sydney Water with a copy of authorisation Notification to the asset owner will be given as per their conditions of compliance

Project Engineer

ESCP

ESCPrsquos will be developed by construction staff with demonstrated skills and experience in preparing the ESCP in accordance with the Blue Book Guidelines ESCPrsquos plans will include but not be limited to

Title date and revision number Contours and clean and dirty water drainage paths Site layout including the location of access roads ancillary infrastructure Sediment basins and designated pump out locations Limit of disturbance Location and type of control measures Timing and order of control installation in sequence with work activities Specific construction details

Environmental Site Representative

Erosion and sediment control

The following key principals will apply to all areas and stages of construction on the Project

Minimise extent and duration of disturbance Control stormwater flows onto through and from the site

Project Engineer Supervisor

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Appendix 2- Soil and Water Management Sub Plan Responsibility

Erosion control strategies to prevent on-site damage Sediment control strategies to prevent off-site damage Progressive stabilisation following completion of work areas Inspection Maintenance and Improvement of control measures throughout the site construction

until the site is successfully stabilised

Dewatering

Sediment laden water accumulated in trenches or excavations must not be discharged directly or indirectly to any stormwater natural watercourse or offsite

A suitable location to discharge will be identified considering site slope proximity to drainage lines soil permeability and ground cover ie well established existing vegetation

The water must be tested prior to any discharge by the Environmental Site Representative and may require treatment prior to discharge

Project Engineer Environmental Site Representative

Groundwater

Groundwater is unlikely to be intercepted during any excavation within the road footprint Deeper excavations for stormwater trenching may intercept groundwater however a method of pipe installation during low tide will removed the need for dewatering

If groundwater dewatering is required then a dewatering management plan should be developed

PlantVehicle Maintenance

The maintenance and cleaning of any vehicles plant or equipment must not be carried out in areas from which contaminants can be released into stormwater or natural watercourses

All

Acid Sulfate Soils

Prior to excavation for the Stormwater trench which will occur approximately 25m bgs testing would be carried out to determine the presence of actual andor potential acid sulfate soils

Testing for the presence of ASS shall be undertaken at proposed excavation locations and shall apply the following methodology Dig holes to the proposed depth of excavation conduct ASS pH field tests on material from the hole at 05m depth intervals and then conduct a SPOCAS plus or chromium suites on the most acidic ASS pH field test sample from the hole The testing and sampling to be undertaken in accordance with ASSMAC Laboratory method Guideline Aug 1998

If actual andor potential acid sulfate soils are present within the proposed area of excavation then an Acid Sulfate Management Plan will be developed in accordance with the Acid Sulfate Soil Manual (Acid Sulfate Soil Management Advisory Committee 1998)

Project Engineer Environmental Site Representative

Water Discharge requirements

An Environmental Protection Licence (EPL) is not required for the project however Georgiou will test any water to be discharged offsite in accordance with the water quality parameters specified in the Blue Book (Landcom 2004) and ANZECCARMCANZ (2000) guidelines prior to discharge to ensure an incident of pollution to surrounding environment does not occur from the Project

Environmental Site Representative

Monitoring of Discharges

Waters released from site must be sampled prior to release The samples taken must be representative of the water being discharged

Project Engineer HSE Advisor

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CEMP Bays Road Relocation Works

Appendix 2- Soil and Water Management Sub Plan Responsibility

Environmental Inspections amp Monitoring

The results of monitoring shall be recorded Environmental Site Representative

Daily (Visual) and weekly (documented)

Daily visual observation for evidence of water quality impacts including turbidity or hydrocarbon spills

Weekly inspections using Georgiou Beakon inspection form

Supervisor HSE Advisor

Reporting HSEQ Monthly Management Meeting Monthly Environmental Performance Report Dewatering records including all water quality test results

Project Manager

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CEMP Bays Road Relocation Works

Appendix 3- Hydrocarbon and Chemical Management Sub Plan Responsibility

Objectives and Targets

Refer to the Site Objectives amp Targets (section 57 of this CEMP) Minimise leaks and spills from construction activities All chemicals correctly stored and bunded in accordance with legislative requirements Any spills are controlled contained cleaned up and reported

Project Manager

Performance Criteria

100 Compliance with Client amp legal requirements 100 achievement with Site Objectives amp targets 100 achievement of relevant Sydney Metro CEMF objectives

Project Manager

Mitigation Measures

General All fuels chemicals and hazardous liquids would be stored in accordance with Australian

standards and EPA Guidelines Any refuelling carried out on-site would be carried out in designated areas only and spill kits would be available as part of any worksite

Project Manager

Training and Competency

As part of the Site Induction workers will be informed of the Site specific controls required to

manage hydrocarbon and chemical storage and use including

- Use and understanding of safety data sheets (SDS) - Use of personal protective equipment (PPE)

Emergency Management Team members will be provided training to respond to a hazardous substance spill

Project Manager

Register

All dangerous goods or hazardous substances must be approved by HSE Advisor prior to use on the site

ChemAlert will be used to register all site dangerous goods and hazardous substances manage electronic SDS and conduct and record product risk assessments

Consideration will be given to substitute products assessed as a high risk with a product of lesser risk

Project ManagerSupervisor

Transportation Containers holding hazardous substances or dangerous goods will be stored upright and secured

during transport Containers are not to be dropped tip or rolled sides The transportation of dangerous goods will be by licenced carriers

Project Engineer

Handling amp Use

Handling of products will be subject to the following requirements Hazardous substances and dangerous goods will be clearly labelled Current SDS (no older than 5 years) will be readily available when handling Controls stipulated in the SDS to be applied when handling and using Used oily rags oil filters and other left over hydrocarbon and chemical products hall be stored in

a designated area and removed by licensed carriers to either recycle or otherwise dispose of

All

Refuelling Refuelling of plant and vehicles must be monitored continually and conducted in designated areas

away from sensitive receptors

All in field refuelling must have a spill kits available to contain and clean up any spills

All

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CEMP Bays Road Relocation Works

Appendix 3- Hydrocarbon and Chemical Management Sub Plan Responsibility

Spill kits shall be stored in designated amp labelled containers and include a stock control register

All refuelling areas must be signed to prevent smoking or naked flame

Vehicles must be switched off when refuelling and the use of mobile phones prohibited

Fixed refuelling areas must have a plastic lined refuelling area

Fuel storage containers must be of a double bund construction

Site layout

Georgiou will develop a site plan (ie a diagram) showing the location of storage areas spill kit locations muster points firefighting equipment and 1st aid equipment including eye washflush locations

This site plan must be current and displayed at the work site at all times throughout construction

In the event of an emergency that involves the need for emergency services this site plan along with a product manifest must be provided to the emergency services

Project Manager

Storage of Hazardous Materials

Any Dangerous Goods andor Hazardous Substance must be stored in designated areas compliant

with statutory and industry codes of practice

Quantities of hazardous materials should be kept to a minimum commensurate with their usage

and shelf life

Safety Data Sheets of stored hazardous materials will be readily accessible at the place of

storagesite office

Permanent and temporary containers that hold hazardous materials must be labelled with the

appropriate signage

The volume and types of hazardous materials stored must be known current and documented and

must not exceed the design capacity of the storage area

Storage and containment areas (including secondary containment) must be inspected for signs of

loss or damage and any deficiencies must be addressed These areas must be inspected at least

monthly as part of the workplace inspection

Hazardous materials no longer in use must be identified and assessed to determine if they should

be removed from site

Hazardous materials storage areas must be kept clear of combustible material vegetation and refuse by a minimum of three metres

All

SpillEmergency Response

In the event of a spill the following generic procedure must be followed

1 Do not put yourself at risk 2 Notify personnel in the immediate area and remove yourself and others from danger 3 Report ALL SPILLS immediately to the Supervisor and Environmental Site Representative

(report location type and extent of incident)

All

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CEMP Bays Road Relocation Works

Appendix 3- Hydrocarbon and Chemical Management Sub Plan Responsibility

Once safety has been considered spills should be contained and cleaned up with material from the spill kit All contaminated soil caused by leaks or spills to be disposed of in accordance with legal requirements Any uncontrolled release of hazardous substances which cause actual or threatens potential serious or material environmental harm will be reported to the EPA pollution hotline

Workplace Inspections

Hazardous Materials storage and use will be inspected monthly as part of workplace inspections amp within the DHI Environmental Inspections checklist

Supervisors

Concrete

Designated concrete washout should be constructed and designated to be impermeable and securely fastened

Placed away from waterways drainage lines and stormwater inlets Sufficient storage to handle concrete works occurring onsite When the concrete is dried it will be disposed of with general waste mixed into fill layers (if

approved by client) or recycled At no point will any Concrete truck or kibble be permitted to wash out at any point other than the

designated area with all the associated controls in place (unless approved by the environmental site representative)

Excess concrete should be scraped off equipment prior to washing (allow excess to set and recycle offsite or reuse in fill if itrsquos not contaminated with black plastic)

Set concrete should be removed from the washout to restore storage capacity and prevent overflows

Use of a high pressure low volume water spray nozzle may reduce water use All wastewater must be disposed of in accordance with the project CEMP dewatering conditions

Maintenance of the washout Monitoring and maintenance of concrete washouts is essential to ensure the washout is functional no evidence of damage or wear and tear is evident and that adequate storage capacity remains In addition to daily inspections washout areas should be inspected

During dry weather and

Prior to during and after rainfall and storm events

SupervisorEnvironmental Site Representative

Environmental Inspections amp Monitoring

Daily (Visual) and weekly (documented)

General observation for evidence of spills or poor storage practice with potential to lead environmental incident

Hazardous goods storage area inspection for adequacy of bunding and product loss Weekly inspections using Georgiou Beakon inspection form

All staff

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CEMP Bays Road Relocation Works

Appendix 3- Hydrocarbon and Chemical Management Sub Plan Responsibility

Reporting HSEQ Monthly Management Meeting Monthly Environmental Performance Report

Project Manager

GC-HSE-PLA-437 Uncontrolled when saved or printed

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CEMP Bays Road Relocation Works

Appendix 4 - Flora amp Fauna Management Sub Plan Responsibility

Objectives

and Targets

Refer to the Site Objectives amp Targets (section 57 of this CEMP) Minimise impacts on flora and fauna Retain and enhance existing flora and fauna habitat wherever possible Appropriately manage the spread of weeds and plant pathogens

Project Manager

Performance

Criteria

100 compliance with Client amp legal requirements

100 achievement with Site Objectives amp Targets

100 achievement of relevant Sydney Metro CEMF objectives

Project Manager

Mitigation

Measures

General Vehicles equipment plant materials and personnel are to remain within the designated construction

area at all times and not breach established environmentally sensitive exclusion zones All

Training and

Competency

As part of the Site Induction workers will be informed of the Site specific controls required to minimise potential impacts and protect flora and fauna including - the requirement to work within the designated disturbance zones - requirement to recognise protected flora or fauna species identified to be found on the site - tree protection zones - Specific licence conditions applicable to the Site

Project Manager

Fauna habitat

Prior to clearing pre-clearance surveys are to occur to identify individual trees to be retained and any hollow bearing trees and logs

Where possible clearance should avoid hollow bearing trees Where unavoidable hollow bearing trees should be flagged and left standing at least 24 hours

after clearing all other vegetation Excavator operator to lsquotaprsquo tree prior to felling hollow bearing trees to allow for fauna to escape Ecologist (or similar) to be present onside during clearing of hollow bearing trees to handle any

displaced fauna In the event of injury to fauna WIRES or similar to be contacted and suitable arrangements made

NOTE Handling of any active animal breeding place is only permitted to be conducted by an authorised fauna handler operating under a current permit granted in accordance with legislative requirements

All

Authorisation amp Compliance

Georgiou will not clear vegetation without written permission from the Client local Shire or relevant Regulatory Authority All clearing works under a permit approval or licence will be compliant with the conditions of permit approvals or licence and within the predetermined area

In the event of any unauthorised clearing works will cease immediately and the Project Manager client will be notified Unauthorised clearing of areas will be investigated immediately

Project Engineer

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Appendix 4 - Flora amp Fauna Management Sub Plan Responsibility

Marking

The Project Engineer will ensure the area to be cleared is clearly marked (eg pegging) and areas of vegetation or trees nominated to be excluded from the clearing works are to be visually identifiable to all personnel involved in the works

The method of marking is to be communicated to all persons involved in the clearing process All control measures are to be communicated to personnel involved in the tasks

All

Flora

Flora that is to be protected will be clearly marked using a method that will not harm or damage A Tree protection Zone (TPZ) is to be established for any trees on a construction site that are to

be protected This is to be fenced off or barricaded to ensure construction activities do not cause damage to the root plate of the tree

Native vegetation should be protected where reasonably possible Large areas that are to be protected from Site works will be demarcated to prevent intrusion and disturbance This requirement is to be communicated to personnel involved within the site area

When the pruning of trees is to be undertaken that are to be protected it will be done by suitably qualified personnel only Where branches are trimmed an assessment of the trees ability to survive should be conducted by a suitably qualified person and adequate area around the tree in accordance with AS49702009 Protection of trees of development sites

Trees should be felled into the construction site or in slots between stands of trees where practical to minimise damage to other trees during the clearing process Machinery contact with standing trees on vegetated margins is to be avoided

The clearing of vegetation outside the construction area will not be permitted except in the event of an emergency or as directed by emergency services

All

Fauna

If fauna are confirmed to be present onsite during clearing clearing works should proceed with care to enable the fauna to relocate freely Clearing is to be conducted in a sequential manner and in a way that encourages escaping wildlife away from the activity into adjacent natural areas and not across roads or into other areas of threat (eg trench)

All

Trenches

All open excavations and trenches will be visually inspected on a daily basis for trapped fauna Surveillance must occur along the entire length of the trench or excavated area and not merely those areas described as fauna habitats or sensitive areas Open trenches are to be checked for fauna immediately prior to backfill and any trapped animals removed by authorised fauna handlers

All

Fauna Handling

Fauna will not be intentionally harmed or maimed under State wildlife protection legislation This includes aquatic and terrestrial fauna (land and air animals)

Workers are not authorised handleto be in possession of native fauna The trapping and handling of fauna in particular dangerous species will only be undertaken by a competent qualified fauna handler

All

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CEMP Bays Road Relocation Works

Appendix 4 - Flora amp Fauna Management Sub Plan Responsibility

Fire Management

Georgiou will not set fire to bush or use spark generating machinery (eg graders) during a prohibited or restricted burning time

If safe to do so Georgiou will extinguish any bush fire within the site boundary and request help from authorities if necessary Fire breaks will be established as requested by authorities

Project Manager

Environmental

Inspections amp

Monitoring

Daily (Visual) and weekly

(documented)

General observation for clearing boundary demarcation Weekly inspections using Georgiou Beakon inspection form

All staff

Reporting HSEQ Monthly Management Meeting Monthly Environmental Performance Report

Project Manager

GC-HSE-PLA-437 Uncontrolled when saved or printed

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CEMP Bays Road Relocation Works

Appendix 5 - Cultural Heritage Management Sub Plan Responsibility

Objectives amp Targets

Refer to the Site Objectives amp Targets (section 57 of this CEMP) Minimise impacts on items or places of heritage value Avoid accidental impacts on heritage items Maximise workerrsquos awareness of indigenous and non-indigenous heritage

Project Manager

Performance Criteria

100 Compliance with Client amp legal requirements 100 achievement with Site Objectives amp targets 100 achievement of relevant Sydney Metro CEMF objectives

Project Manager

Mitigation Measures

General Maintain the integrity of the cultural (European amp Indigenous) aspects of the Site

Project Manager

Training and Competency

As part of the Site Induction workers will be informed of any identified cultural or heritage aspects on the Site and any specific controls to be adhered including - Management practices when working near protected areas - Respecting Heritage Sites - Reporting requirements

Georgiou personnel will participate in the Companyrsquos cross cultural awareness training for employees

Project Manager

Heritage Sites There are s170 heritage listed Glebe Island silos (Port Authority of NSW s170 4560056) that are approximately 5m from the edge of works

Project Engineer

Method statement

In accordance with the REF an Archaeological Work Method Statement would be prepared and implemented where excavation is required The Archaeological Work Method Statement would outline the requirements of archaeological monitoring and recording where archaeological remains of potential local significance may be impacted

Sydney Metro

Unexpected heritage finds

In the event that an artefact or remains are found the Sydney Metro Unexpected Heritage Finds procedure (Appendix 5A) will be followed this includes - The works in that area will cease immediately - The Project Manager and Sydney Metro must be notified - The site must be made secure a buffer zone of ten meters is recommended - Sydney Metro to provide management recommendations

Georgiou will notify all site personnel of the object andor area and proposed treatment of that object andor area as soon as possible but prior to commencing work on the next working day

Works will not continue until written approval has been received from the client

All

discovery of human remains

In the event that human remains are found the Sydney Metro Exhumation Management procedure will be followed (Appendix 5B)

All

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Environmental Inspections amp Monitoring

Building condition inspections Building condition inspections will be undertaken in accordance with REF condition NV3 Sydney Metro

Vibration Monitoring

Continuous vibration monitoring will occur during any vibratory works in close proximity to the Glebe Island silos in accordance with the Sydney Metro Construction Noise and Vibration Standard

Environmental Site Representative

Daily (Visual) and weekly (documented)

General observation for that protection measures and methods are being applied Weekly inspections using Georgiou Beakon inspection form

All staff

Reporting HSEQ Monthly Management Meeting Monthly Environmental Performance Report

Project Manager

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 55 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 5A ndash Sydney Metro Unexpected Heritage Finds Procedure

Sydney Metro Unexpected

Heritage Finds Procedure [SM-18-00105232]

Sydney Metro Integrated Management System (IMS)

Applicable to Sydney Metro

Document Owner Senior Heritage Advisor

System Owner Environment Sustainability and Planning

Status Final

Version 33

Date of issue June 2020

Review date June 2021

copy Sydney Metro 2018

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Document history

Version Date of approval Notes

11 Incorporates ER comments 210617

12 Amends p13 step 8 reference to s146 added

13 Incorporates Planning Mods 1-4 including amended CoA E20

14 Incorporates ER comments 210318

20 Removes SSI 15-7400 COA reference

30 Revises definition

31 Revises flow chart

32 Revises roles and responsibilities

33 General edits and corrections

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Table of contents

1 Purpose 3

11 Legislation that does not apply 3

2 Scope 4

3 Definitions 4

4 Types of unexpected heritage items and corresponding statutory protections 5

41 Aboriginal objects 5

42 Historic heritage items 6

43 Human skeletal remains 7

5 Legislative Requirements 7

6 Unexpected heritage finds protocol 9

7 Responsibilities 15

8 Seeking Advice 16

9 Related documents and references 16

10 List of appendices 16

11 Document history 17

Appendix 1 Examples of finds encountered during construction works 18

Appendix 2 - Unexpected heritage item recording form 24

Appendix 3 - Photographing unexpected heritage items 26

Appendix 4 - Uncovering bones 29

Appendix 5 - Archaeologicalheritage advice checklist 33

Appendix 6 - Template notification letter 34

Tables

Table 1 Legislation and guidelines for management of unexpected heritage finds 8 Table 2 Specific tasks to be implemented following the discovery of an unexpected heritage item 10 Table 3 Roles and Responsibilities 15

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1 Purpose

This procedure is applicable to the Sydney Metro program of works including major projects delivered under Critical State Significant Infrastructure (CSSI) Planning Approvals early CSSI minor and enabling works and works that are subject to the NSW Heritage Act (1977) including s57139 and s60140 exemptions and permit approvals and the National Parks and Wildlife (NPW) Act 1974

This procedure has been prepared for Sydney Metro programs to provide a method for managing unexpected heritage items (both Aboriginal and non-Aboriginal) that are discovered during preconstruction (pre-Construction Heritage Management Plan approval) construction phases (post Construction Heritage Management Plan approval) and for works subject to the NSW Heritage Act (1977)

In NSW there are strict laws to protect and manage heritage objects and relics As a result appropriate heritage management measures need to be implemented to minimise impacts on heritage values ensure compliance with relevant heritage notification and other obligations and to minimise the risk of penalties to individuals Sydney Metro and its contractors This procedure includes Sydney Metrorsquos heritage notification obligations under the Heritage Act NPW Act and the Coronerrsquos Act 2009 and the requirements of the conditions of approval(CoA) issued by NSW Department of Planning Industry and Environment Note that a Contractor must not amend the Sydney Metro Unexpected Finds Procedure or use a different procedure without the prior approval of Sydney Metro

This procedure must be read in conjunction with the relevant CCSI conditions of approval (if applicable) the contract documents and other plans and procedures including the Sydney Metro Exhumation Procedure in addition to any other relevant documents as developed by the contractor during the delivery of the Sydney Metro works

2 Definitions and Abbreviations

An unexpected heritage find is

any unanticipated discovery of an actual or potential heritage item which Sydney Metro does not have approval to disturb andor does not have an existing management process in place

a find that has not been previously identified or assessed

a find that is not referenced in an Archaeological Research Design (ARD) Archaeological Method Statement (AMS) or other project document relating to heritage and archaeology

not covered by an existing approval under the Heritage Act 1977 (Heritage Act) or National Parks and Wildlife Act 1974 (NPW Act)

Note that locally significant areas of historical archaeological potential identified in an Archaeological Method Statement but not identified in an Archaeological Research Design would be managed as an ldquoexpectedrdquo find

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All terminology in this procedure is taken to mean the generally accepted or dictionary definition with the exception of the following terms which have a specifically defined meaning

Definitions

AHIP Aboriginal Heritage Impact Permit

Aboriginal object An Aboriginal object is any deposit object or material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of the area being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction and includes Aboriginal remains An Aboriginal object may include a shell midden stone tools bones rock art Aboriginal-built fences and stockyards scarred trees and the remains of fringe camps

ARD Archaeological Research Design

AMS Archaeological Method Statement

CEMP Construction Environmental Management Plan

CoA Conditions of Approval

CSSD Critical State Significant Development

CSSI Critical State Significant Infrastructure

EPampA Act NSW Environmental Planning and Assessment Act 1979

Disturbance Disturbance is considered to be any physical interference to an item that results in it

being destroyed defaced damaged harmed impacted or altered in any way (this

includes archaeological investigation activities)

Excavation Director

A person that has been determined by the NSW Heritage Division to meet the Heritage Council of NSWrsquos Criteria for Assessment of Excavation Directors (4 September 2019 and as updated) and can therefore competently archaeologically investigate a site of either local andor state significance

Heritage Act NSW Heritage Act 1977

NPW Act NSW National Parks and Wildlife Act 1974

Heritage NSW Formerly Office of Environment and Heritage (OEH) Now Heritage NSW as part of PNSW Premier and Cabinet

SM Sydney Metro

Relic (non- Aboriginal heritage)

A relic means any deposit artefact object or material evidence that

a) relates to the settlement of the area that comprises NSW not being Aboriginal settlement and

b) is of State or local significance

A relic may include items such as bottles utensils remnants of clothing crockery

personal effects tools machinery and domestic or industrial refuse

TfNSW Transport for New South Wales

Work (non- Aboriginal heritage)

Archaeological features such as historic utilities or buried infrastructure that provide evidence of prior occupations such as former rail or tram tracks timber sleepers kerbing historic road pavement fences culverts historic pavement buried retaining walls cisterns conduits sheds or building foundations but are also subject to assessment by the Excavation Director to determine its classification

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21 Legislation that does not apply

The following authorisations are not required for Sydney Metro approved Critical State Significant Infrastructure (and accordingly the provisions of any Act that prohibits an activity without such an authority do not apply)

Division 8 of Part 6 of the Heritage Act 1977 does not apply to prevent or interfere with the carrying out of approved State significant infrastructure

An approval under Part 4 or an excavation permit under section 139 of the Heritage Act 1977 and

An Aboriginal heritage impact permit under section 90 of the National Parks and Wildlife Act 1974

This document provides relevant background information in Section 4 followed by the technical procedure in Sections 6 and 7 Associated guidance referred to in the procedure can be found in Appendices 1-6

3 Scope

Even with early investigations unexpected finds may still occur during works on a Sydney Metro site When this happens this procedure must be followed This procedure provides direction on when to stop work where to seek technical advice how to notify the regulator if required and when works can recommence This procedure applies to the discovery of any unexpected heritage item relic or object where the find is not anticipated in an approved ARD or AMS or other project specific document related to archaeology

This procedure must be followed by all Sydney Metro staff contractors subcontractors or any person undertaking works for Sydney Metro It includes references to some of the relevant legislative and regulatory requirements but is not intended to replace them This procedure does not apply to

the discovery and disturbance of heritage items as a result of investigations being undertaken in accordance with the Code of Practice for Archaeological Investigations of Aboriginal Objects in NSW4376 20101 an Aboriginal Heritage Impact Permit (AHIP) issued under the NPW Act or a permit approval issued under the Heritage Act

the discovery and disturbance of heritage items as a result of construction related activities where the disturbance is permissible in accordance with an AHIP or an approval issued under the Heritage Act or CSSI CSSD planning approval or

locally significant non-Aboriginal archaeology identified in an AMS and not in an ARD

1 An act carried out in accordance with the Code of Practice for Archaeological Investigation of Aboriginal Objects

in NSW as published by the Department in the Gazette on 24 September 2010 is excluded from the definition of harm an object or place in section 5 (1) of the NPW Act

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4 Types of unexpected heritage finds and corresponding statutory protections

Project field and environmental personnel (including construction contractors) are critical to the early identification and protection of unexpected finds

Appendix 1 illustrates the wide range of heritage items uncovered to date during Sydney Metro projects and gives an indicative guide to what unexpected finds may look like

These discoveries are categorised as either

(a) Aboriginal objects

(b) Historic (non-Aboriginal) heritage items or

(c) Human skeletal remains

The relevant legislation that applies to each of these categories is described below

41 Aboriginal objects

The NPW Act protects Aboriginal objects which are defined as

ldquoany deposit object or material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of the area that comprises New South Wales being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction and includes Aboriginal remainsrdquo2

Examples of Aboriginal objects include stone tool artefacts shell middens axe grinding grooves pigment or engraved rock art burials and scarred trees

42 Historic heritage items

Historic (non-Aboriginal) heritage items may include

Archaeological lsquorelicsrsquo or

Other historic items (ie works structures buildings or movable objects)

2 Section 5(1) NPW Act 3 This is required under section 89(A) of the NPW Act and applies to all Sydney Metro projects

IMPORTANT

All Aboriginal objects regardless of significance are protected under law

If any impact is expected to an Aboriginal object an AHIP is usually required from Heritage NSW When a person becomes aware of an Aboriginal object they must notify the Director-

General of Heritage NSW about its location3 Assistance on how to do this is provided in Section 7 (Step 5)

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421 Archaeological relics

The Heritage Act protects relics which are defined as ldquoany deposit artefact object or material evidence that relates to the settlement of the area that comprises NSW not being Aboriginal settlement and is of State or local heritage significancerdquo4

Relics are archaeological items of local or state significance which may relate to past domestic industrial or agricultural activities in NSW and can include bottles remnants of clothing pottery building materials and general refuse

422 Other historic items

Some historic heritage items are not considered to be lsquorelicsrsquo but are instead referred to as works buildings structures or movable objects Examples of these items that may be encountered include culverts historic pavements retaining walls tramlines rail tracks turn tables timber sleepers cisterns fences sheds buildings and conduits Although an approval under the Heritage Act may not be required to disturb these items their discovery must be managed in accordance with this procedure

Usually archaeological relics are uncovered via a process of excavation or soil removal When an unexpected find is uncovered an archaeological excavation permit under section 140 or section 60 of the Heritage Act may be required to further investigate or remove it if investigation is not covered by an existing approval In contrast lsquoother historic itemsrsquo either exist above the ground surface (for example a shed) or they are designed to operate and exist beneath the ground surface (for example a culvert)They may also need a permit to alter disturb or remove them if there is not an approval already in place

4 Section 4(1) Heritage Act

5 This is required under section 146 of the Heritage Act and applies to all Sydney Metro projects

IMPORTANT

All relics are subject to statutory controls and protections

If a relic is likely to be disturbed a heritage approval is usually required from the NSW Heritage Council When a person discovers a relic they must notify the NSW Heritage

Council of its location5

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43 Human skeletal remains

The Sydney Metro Exhumation Procedure provides a more detailed explanation of the approval processes related to human remains

Human skeletal remains can be identified as either an Aboriginal object or non-Aboriginal relic depending on the ancestry of the individual (Aboriginal or non-Aboriginal) and the burial context (archaeological or non-archaeological) Remains are considered to be archaeological when the time elapsed since death is suspected of being 100 years or more Depending on ancestry and context different legislation applies

As a simple example a pre-European settlement archaeological Aboriginal burial would be protected under the NPW Act while a historic (non-Aboriginal) archaeological burial within a cemetery would be protected under the Heritage Act For a non-Aboriginal archaeological burial the relevant heritage approval and notification requirement described in Appendix 4 would apply In addition to the NPW Act finding Aboriginal human remains also triggers notification requirements to the Commonwealth Minister for the Environment under section 20(1) of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Commonwealth)

Where it is suspected that less than 100 years has elapsed since death the human skeletal remains come under the jurisdiction of the State Coroner and the NSW Coroners Act 2009 Such cases are lsquoreportable deathsrsquo and under legal notification obligations set out in section 35(2) a person must report the death to a police officer a coroner or an assistant coroner as soon as possible This applies to all human remains less than 100 years old regardless of ancestry (whether Aboriginal or non-Aboriginal remains) Public health controls may also apply6

Guidance on what to do when suspected human remains are found is provided in Appendix 5

IMPORTANT

All human skeletal remains are subject to statutory controls and protections

All bones must be treated as potential human skeletal remains and work around them must stop while they are appropriately protected and investigated the relevant authorities advised and approvals received This includes skeletal material found during any phase of work including

geotechnical works early works construction works and any other site works

6 Under section 19 of the Coroners Act 2009 the coroner has no jurisdiction to conduct an inquest into reportable

death unless it appears to the coroner that (or that there is reasonable cause to suspect that) the death or suspected death occurred within the last 100 years

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5 Legislative Requirements Table 1 identifies some of the relevant legislationregulations for the protection of heritage and the management of unexpected heritage finds in NSW It should be noted that significant penalties exist for breaches of the legislation which result in unauthorised impacts to heritage items

To avoid breaches of legislation it is important that Sydney Metro and its contractors are aware of their statutory obligations under relevant legislation and that appropriate control measures are in place to ensure that unexpected finds are appropriately managed during all project phases Contractors will need to ensure that they undertake their own due diligence to identify any other legislative requirements that may apply for a given project

Table 1 Legislation and guidelines for management of unexpected heritage finds

Relevant Requirement Objectives and offences

Environmental Planning and Assessment Act 1979 (EPampA Act)

Part 5 Division 52 Subdivision 2 Section 519

Requires heritage to be considered within the environmental impact assessment of projects

Heritage Act 1977 (Heritage Act)

The Heritage Act provides for the care protection and management of heritage items in NSW Under section 139 it is an offence to disturb or excavate any land knowing or having reasonable cause to suspect that the disturbance or excavation will or is likely to result in a relic being discovered exposed moved damaged or destroyed unless the disturbance or excavation is carried out in accordance with an excavation permit issued by the Heritage NSW under the Act a relic is defined as lsquoany deposit artefact object or material evidence that (a) relates to the settlement of the area that comprises New South Wales not being Aboriginal settlement and (b) is of State or local heritage significancersquo

A person must notify the Heritage NSW if a person is aware or believes that they have discovered or located a relic (section 146) Penalties for offences under the Heritage Act can include six months imprisonment andor a fine of up to $11million

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Relevant Requirement Objectives and offences

National Parks and Wildlife Act 1974 (NPW Act)

The NPW Act provides the basis for the care protection and management of Aboriginal objects and places in NSW

An Aboriginal object is defined as lsquoany deposit object or material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of the area that comprises New South Wales being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction and includes Aboriginal remainsrsquo

An lsquoAboriginal placersquo is an area declared by the Minister administering the Act to be of special significance with respect to Aboriginal culture An Aboriginal place does not have to contain physical evidence of occupation (such as Aboriginal objects)

Under section 87 of the Act it is an offence to harm or desecrate an Aboriginal object or place There are strict liability offences An offence cannot be upheld where the harm or desecration was authorised by an AHIP and the permitrsquos conditions were not contravened Defences and exemptions to the offence of harming an Aboriginal object or Aboriginal place are provided in section 87 87A and 87B of the Act A person must notify Heritage NSW if a person is aware of the location of an Aboriginal object

Penalties for some of the offences can include two years imprisonment andor up to $550000 (for individuals) and a maximum penalty of $11 million (for corporations)

6 Unexpected heritage finds protocol

61 What is an unexpected heritage find

An lsquounexpected heritage findrsquo can be defined as any unanticipated archaeological discovery that has not been identified during a previous assessment or is not covered by an existing permit under the Heritage Act The find may have potential cultural heritage value which may require a heritage permit or notification if any interference of the heritage item is proposed or anticipated

The range of potential unexpected finds can include but is not limited to

remains of rail infrastructure including buildings footings stations signal boxes rail lines bridges and culverts

remains of other infrastructure including sandstone or brick buildings wells cisterns drainage services conduits old kerbing and pavement former road surfaces timber and stone culverts bridge footings and retaining walls

artefact scatters including clustering of broken and complete bottles glass ceramics animal bones and clay pipes and

archaeological human skeletal remains

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62 Managing unexpected finds

In the event that an unexpected find is encountered on a Sydney Metro site the steps detailed in Table 2 must be followed There are seven steps in the procedure

Table 2 Specific tasks to be implemented following the discovery of an unexpected heritage item

Step Task Responsibility Guidance and tools

1 Stop work and protect the item

11 Stop all work including geotechnical investigations in the immediate area of the item and notify the Project Manager

Contractor Supervisor

Appendix 1

Identifying Unexpected Heritage items

12 Establish a lsquono-go zonersquo around the item Use high visibility fencing where practical No work is to be undertaken within this zone until further investigations are completed and if required appropriate approvals are obtained

Inform all site personnel about the no-go zone

Project Manager Contractor Supervisor

2 Engage an Archaeologist

21 If you have Excavation Director or an archaeologist andor Aboriginal heritage consultant has been previously appointed for the project contact them to discuss the location and nature of the item and arrange a site inspection The project Construction Environmental Management Plan (CEMP) may contain contact details of the archaeologistAboriginal heritage consultant

Provide as much information as possible including photos and completed recording form

Inform the Sydney Metro Environmental Manager and keep them involved in the process The Environmental Manager will inform the Sydney Metro Senior Heritage Advisor

Contractors Project Manager

Appendix 2

Unexpected Heritage Item Recording Form

22 Where there is no project archaeologist engaged for the works engage a suitably qualified consultant to assess the find

If the find is a non-Aboriginal item engage a suitably qualified and experienced historical archaeological consultant

If the find is likely to be an Aboriginal object engage an Aboriginal heritage consultant

Contractorrsquos Project Manager

IMPORTANT

Sydney Metro may have approval to impact certain heritage items during construction If you think that you may have discovered a heritage item and you are unsure whether an

approval is in place or not STOP works and follow this procedure

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Step Task Responsibility Guidance and tools

23 ArchaeologistExcavation Director and Sydney Metro Environmental Manager to advise the Project Manager whether Sydney Metro has approval to impact the lsquoitemrsquo

If yes work may recommence in accordance with that approval or permit There is no further requirement to follow this procedure

If no continue to next step

Contractorrsquos Project Manager

3 Arrange site access

31 Arrange site access for the archaeologistAboriginal heritage consultant to inspect the item as soon as practicable In most cases a site inspection is required to conduct a preliminary assessment

Contractorrsquo s Project Manager Excavation Director

32 Subject to the archaeologistAboriginal heritage consultantrsquos assessment work may recommence at a set distance from the item This is to protect any other archaeological material that may exist in the vicinity which may have not yet been uncovered Existing protective fencing established in Step 12 may need to be adjusted to reflect the extent of the newly assessed protective area No works are to take place within this area once established

Archaeologist Aboriginal heritage consultant Contractorrsquos Project Manager Excavation Director

33 Occasionally the archaeologistAboriginal heritage consultant may determine from the photographs provided at Step 21 that no site inspection is required because no heritage constraint exists for the project (for example the item is not a lsquorelicrsquo a lsquoheritage itemrsquo or an lsquoAboriginal objectrsquo) Any such advice should be provided in writing (for example via email or letter with the consultantrsquos name and company details clearly identifiable) to the Sydney Metro Project Manager Environment Manager and Senior Heritage Advisor

Archaeologist Aboriginal heritage consultant Excavation Director

Proceed to Step 8

4 Undertake Preliminary assessment and recording of the find

41 Has the lsquofindrsquo been damaged or harmed

If yes record the incident in the Incident

Management System Implement any additional reporting requirements related to the planning approval and CEMP where relevant

Contractors Project Manager Archaeologist and or Excavation Director

42 Can the works avoid further disturbance to the item Project Manager to confirm with Sydney Metro Environment Manager

Complete the remaining tasks

Contractorrsquos Project Manager

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Step Task Responsibility Guidance and tools

43 Inspect document and photograph the item Archaeologist and or Excavation Director

Appendix 2

Unexpected Heritage Item Recording Form

Appendix 3

Photographing Unexpected Heritage items

44 Is the item likely to be bone

If yes follow the steps in Appendix 4 ndash lsquoUncovering bonesrsquo Where it is obvious that the bones are human remains you must notify the local police by telephone immediately They may take command of all or part of the site Also refer to the Sydney Metro Exhumation Procedure

If no proceed to next step

Archaeologist and or Excavation Director

Appendix 4

Uncovering Bones

45 The archaeologistAboriginal heritage consultant may provide advice after the site inspection and preliminary assessment that no heritage constraint exists for the project (for example the item is not a lsquorelicrsquo or a lsquoheritage itemrsquo or an lsquoAboriginal itemrsquo) Any such advice should be provided in writing (for example via email or letter with the consultantrsquos name and company details clearly identifiable) to the Metro Project Manager

Archaeologist Aboriginal heritage consultant Contractorrsquos Project Manager Excavation Director

Proceed to Step 7

Refer to Appendix 1

Examples of finds encountered during construction worksrsquo

46 Where required seek additional specialist technical advice (such as a forensic or physical anthropologist to identify skeletal remains) The archaeologistAboriginal heritage consultant can provide contacts for such specialist consultants

Excavation Director Archaeologist

47 Where the item has been identified as a lsquorelicrsquo or lsquoheritage itemrsquo or an lsquoAboriginal objectrsquo the archaeologist should formally record it

Archaeologist Aboriginal heritage consultant

48 NSW Heritage for non-Aboriginal relics and NSW Department of Planning Industry and Environment for Aboriginal objects can be notified informally by telephone at this stage by the Sydney Metro Senior Heritage Advisor Any verbal conversations with regulators must be noted on the project file for future reference

Contractors Project Manager Excavation Director

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Unclassified

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Step Task Responsibility Guidance and tools

5 Notify the regulator if required

51 Based on the findings of the archaeological or heritage management plan and corresponding legislative requirements is notification of Heritage NSW and the Secretary required

If no proceed directly to Step 6

If yes proceed to next step

Sydney Metro Environmental Manager Contractorrsquos Excavation Director

52 If notification is required complete the template notification letter including the archaeological heritage management plan and other relevant supporting information and forward to the Sydney Metro Environmental Manager The Environmental Manager will seek the approval of the Sydney Metro Senior Heritage Advisor and the signature of the Principal Manager Sustainability Environment and Planning (Program)

Sydney Metro Environmental Manager Excavation Director

Appendix 6

Template Notification Letter

53 Forward the signed notification letter to Heritage NSW and the Secretary

Informal notification (via a phone call or email) to Heritage NSW prior to sending the letter is appropriate The archaeological or heritage management plan and the completed Unexpected Heritage Item Recording Form (Appendix 2) must be submitted with the notification letter (for both Aboriginal objects and non-Aboriginal relics)

The Department of Planning Industry and Environment may also need to be notified

54 A copy of the final signed notification letter archaeological or heritage management plan and the site recording form is to be kept on file and a copy sent to the Sydney Metro Project Manager

Contractorrsquos Project Manager Excavation Director

6 Implement archaeological or heritage management plan

61 Modify the archaeological or heritage management plan to take into account any additional advice resulting from notification and discussions with regulator

Contractorrsquos Project Manager Excavation Director

62 Implement the archaeological or heritage management plan Where impact is expected this may include a formal assessment of significance and heritage impact assessment preparation of excavation or recording methodologies consultation with Registered Aboriginal Parties obtaining heritage approvals etc if required

Contractorrsquos Project Manager Excavation Director

63 Where heritage approval is required contact the Sydney Metro Environment Manager for further advice and support material Please note there are time constraints associated with heritage approval preparation and processing

Contractorrsquos Project Manager Excavation Director

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Unclassified

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64 Assess whether heritage impact is consistent with the project approval or if project approval modification is required from the Department of Planning Industry and Environment

Excavation Director Sydney Metro Environmental Manager

65 Where statutory approvals (or project approval modifications) are required impact upon relics andor Aboriginal objects must not occur until heritage approvals are issued by the appropriate regulator

Contractorrsquos Project Manager Excavation Director

66 Where statutory approval is not required but where recording is recommended by the archaeologistAboriginal heritage consultant sufficient time must be allowed for this to occur

Contractorrsquos Project Manager Excavation Director

67 Ensure short term and permanent storage locations are identified for archaeological material or other heritage material removed from site where required Interested third parties (for example museums local Aboriginal land councils or local councils) should be consulted on this issue Contact the archaeologist or Aboriginal heritage consultant for advice on this matter if required

Contractorrsquos Project Manager Excavation Director

7 Resume work

71 Seek written clearance to resume project work from the project Excavation Director Archaeologist Aboriginal heritage consultant

Clearance would only be given once all archaeological excavation andor heritage recommendations and approvals (where required) are complete Resumption of project work must be in accordance with the all relevant projectheritage approvalsdeterminations

Contractorrsquos Project Manager Excavation Director

72 If required ensure archaeological excavationheritage reporting and other heritage approval conditions are completed in the required timeframes This includes artefact retention repositories conservation andor disposal strategies

Contractorrsquos Project Manager Excavation Director

73 If additional unexpected items are discovered this procedure must begin again from Step 1

All

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Unclassified

Sydney Metro ndash Integrated Management System (IMS)

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7 Responsibilities

Table 3 Roles and Responsibilities

Role Responsibility or role under this guideline

Contractor Supervisor

Stop work immediately when an unexpected heritage find is encountered Cordon off area until Environmental Manager Excavation Director advises that work can recommence

Manage the process of identifying protecting and mitigating impacts on the lsquofindrsquo

Liaise with Sydney Metro Project Manager Environment Manager and Senior Heritage Advisor

Assist the archaeologistAboriginal heritage consultant with mitigation and regulatory requirements

Complete Incident Report and review CEMP for any changes required Propose amendments to the CEMP if any changes are required

Contractors Project Manager

Ensures all aspects of this procedure are implemented Advise Contractor Supervisor to recommence work if all applicable requirements have been satisfied and the Excavation Director

Project Archaeologist has approved recommend of work

Contractorrsquos or Project Heritage Advisor or Consultant

Provide expert advice to the Sydney Metro Environment Manager on find identification significance mitigation legislative procedures and regulatory requirements

Environmental Representative

Ensure compliance with relevant approvals (new and existing)

Sydney Metro Environment Manager

Notify the Sydney Metro Principal Manager Environmental Management of find and manage Incident Reporting once completed by Environmental Manager

Sydney Metro Senior Heritage Advisor

Provide expert advice to Sydney Metro Environment Manager and project as required

8 Seeking Advice

Advice on this procedure should be sought from the Sydney Metro Environment Manager in the first instance Contractors and delivery partners should ensure their own project environment managers are aware of and understand this procedure

Technical archaeological or heritage advice regarding an unexpected heritage item should be sought from a suitably qualified and experienced archaeologistAboriginal heritage consultant

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Unclassified

Sydney Metro ndash Integrated Management System (IMS)

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9 Related documents and references

Sydney Metro Environmental Incident Classification and Reporting ndash SM-17-00000096

Transport for NSW Guide to Environmental Control Map ndash 3TP-SD-01570

NSW Heritage Office (1998) Skeletal remains guidelines for the management of human skeletal remains

Roads and Maritime Services (2015) Standard Management Procedure Unexpected Heritage Items

Department of Environment and Conservation NSW (2006) Manual for the identification of Aboriginal remains

Sydney Metro Exhumation Procedure ndash SM ES-PW-31510

10 List of appendices

The following appendices are included to support this procedure

Appendix 1 Examples of finds encountered during construction works

Appendix 2 Unexpected Heritage Item Recording Form

Appendix 3 Photographing Unexpected Heritage Items

Appendix 4 Uncovering Bones

Appendix 5 Archaeological Advice Checklist

Appendix 6 Template Notification Letter

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Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Appendix 1 Examples of finds encountered during construction works

Photo 1 - Aboriginal artefacts found at the Wickham Transport Interchange 2015

Photo 2 ndash Aboriginal artefacts (shell material) found at the Wickham Transport Interchange 2015

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Unclassified

Sydney Metro ndash Integrated Management System (IMS)

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Photo 3 1840s seawall and 1880s retaining wall uncovered at Balmain East 2016

Photo 4 Sandstone pavers uncovered at Balmain East 2016

Unclassified

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Photo 5 - Platform structure at Hamilton Railway Station classified as a lsquoworkrsquo by the project archaeologist - Wickham Transport Interchange project 2015

Photo 6 - Platform structure at Hamilton Railway Station classified as a lsquoworkrsquo by the project archaeologist - Wickham Transport Interchange project 2015

Photo 7 - Sandstone flagging and cesspit - Wynyard Walk project 2014

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Photo 8 - Chinese Ming Dynasty pottery and English porcelainpottery dating back to early 19th century - Wynyard Walk project 2014

Photo 9 - Pottery made by convict potter Thomas Ball during the early settlement - Wynyard Walk project 2014

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(Uncontrolled when printed)

The following images obtained from the Roads and Maritime Servicesrsquo Standard Management Procedure for Unexpected Heritage items 2015 can be used to assist in the preliminary identification of potential unexpected items during construction and maintenance works Photo 10 - Top left hand picture continuing clockwise Stock camp remnants (Hume Highway Bypass at

Tarcutta) Linear archaeological feature with post holes (Hume Highway Duplication) Animal bones (Hume Highway Bypass at Woomargama) Cut wooden stake Glass jars bottles spoon and fork recovered from refuse pit associated with a Newcastle Hotel (Pacific Highway Adamstown Heights Newcastle area) (RMS 2015)

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Photo 11 - Top left hand picture continuing clockwise Stock camp remnants (Hume Highway Bypass at

Tarcutta) Linear archaeological feature with post holes (Hume Highway Duplication) Animal bones

(Hume Highway Bypass at Woomargama) Cut wooden stake Glass jars bottles spoon and fork

recovered from refuse pit associated with a Newcastle Hotel (Pacific Highway Adamstown Heights

Newcastle area) (RMS 2015)

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Appendix 2 - Unexpected Heritage Find Recording Form

Example of unexpected heritage item recording form

This form is to be completed Excavation Director on the discovery of an archaeological heritage find during construction or maintenance works

Date Recorded by

(include name and position)

Project name

Description of works

being undertaken

Description of exact

location of item

Description of item

found

(What type of item is it likely

to be Tick the relevant

boxes)

A A relic A lsquorelicrsquo is evidence of a past human activity

relating to the settlement of NSW with local

or state heritage significance A relic might

include bottle utensils plates cups

household items tools implements and

similar items

B A lsquoworkrsquo building or

structurersquo A lsquoworkrsquo can generally be defined as a form

infrastructure such as track or rail tracks

timber sleepers a culvert road base a

bridge pier kerbing and similar items

C An Aboriginal object An lsquoAboriginal objectrsquo may include stone

tools stone flakes shell middens rock art

scarred trees and human bones

D Bone Bones can either be human or animal

remains

Remember that you must contact the local

police immediately by telephone if you are

certain that the bone(s) are human

remains

E Other

Provide a short

description of the item

(Eg metal rail tracks

running parallel to the rail

corridor Good condition

Tracks set in concrete

approximately 10 cm below

the current ground surface)

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Sketch

(Provide a sketch of the

itemrsquos general location in

relation to other road

features so its approximate

location can be mapped

without having to re-

excavate it In addition

please include details of the

location and direction of any

photographs of the item

taken)

Action taken (Tick either

A or B)

A Unexpected item

would not be further

impacts on by the

works

Describe how works would avoid impact

on the item (Eg the rail tracks would be left in

situ and recovered with paving)

B Unexpected item

would be further

impacted by the works

Describe how works would impact on the

item (Eg milling is required to be continued to a

depth of 200 mm depth to ensure the pavement

requirements are met Rail tracks would need to

be removed)

Excavation Director Signature

Signature

It is a statutory offence to disturb Aboriginal objects and historic relics (including human

remains) without an approval All works affecting objects and relics must cease until an

approval is sought

Approvals may also be required to impact on certain works

Important

Unclassified

Appendix 3 - Photographing unexpected heritage finds

Photographs of unexpected finds in their current context (in situ) may assist archaeologistsAboriginal heritage consultants to better identify the heritage values of the item Emailing good quality photographs to specialists can allow for better quality and faster heritage advice The key elements that must be captured in photographs of the item include its position the item itself and any distinguishing features All photographs must have a scale (ruler scale bar mobile phone coin etc) and a note describing the direction of the photograph

Context and detailed photographs

It is important to take a general photograph (Figure 1) to convey the location and setting of the item This will add value to the subsequent detailed photographs also required (Figure 2)

Figure 1 Telford road uncovered on the Great Western Highway (Leura) in 2008 (RMS 2015)

Photographing distinguishing features

Where unexpected items have a distinguishing feature close up detailed photographs must be taken of these features where practicable In the case of a building or bridge this may include diagnostic details architectural or technical features See Figures 3 and 4 for examples

Unclassified

Removal of the item from its context (eg excavating from the ground) for

photographic purposes is not permitted

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Photographing bones

The majority of bones found on site will be animal bones often requiring no further assessment (unless they are in archaeological context) However if bones are human the police must be contacted immediately (see Appendix 5 for detailed guidance) Taking quality photographs of the bones can often resolve this issue quickly The project archaeologist can confirm if bones are human or non-human if provided with appropriate photographs

Ensure that photographs of bones are not concealed by foliage (Figure 5) as this makes it difficult to identify Minor hand removal of foliage can be undertaken as long as disturbance of the bone does not occur Excavation of the ground to remove bone(s) should not occur nor should they be pulled out of the ground if partially exposed

Where sediment (adhering to a bone found on the ground surface) conceals portions of a bone (Figure 6) ensure the photograph is taken of the bone (if any) that is not concealed by sediment

Ensure that all close up photographs include the whole bone and then specific details of the bone (especially the ends of long bones the epiphysis which is critical for species identification) Figures 7 and 8 are examples of good photographs of bones that can easily

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be identified from the photograph alone They show sufficient detail of the complete bone and the epiphysis

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Appendix 4 - Uncovering bones

This appendix provides advice regarding

what to do on first discovering bones

the range of human skeletal notification pathways and

additional considerations and requirements when managing the discovery of human remains

1 First uncovering bones

Refer to the Sydney Metro Exhumation Procedure

Stop all work in the vicinity of the find All bones uncovered during project works should be treated with care and urgency as they have the potential to be human remains The bones must be identified as either human or non-human as soon as possible by a qualified forensic or physical anthropologist

On the very rare occasion where it is immediately obvious from the remains that they are human the Project Manager (or a delegate) should inform the police by telephone prior to seeking specialist advice It will be obvious that it is human skeletal remains where there is no doubt as demonstrated by the example in Figure 17 Often skeletal elements in isolation (such as a skull) can also clearly be identified as human Note it may also be obvious that human remains have been uncovered when soft tissue andor clothing are present

7

After Department of Environment and Conservation NSW (2006) Manual for the identification of Aboriginal

Remains 17

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This preliminary phone call is to let the police know that a specialist skeletal assessment to determine the approximate date of death which will inform legal jurisdiction The police may wish to take control of the site at this stage If not a forensic or physical anthropologist must be requested to make an on-site assessment of the skeletal remains

Where it is not immediately obvious that the bones are human (in the majority of cases illustrated by Figure 2) specialist assessment is required to identify the bones Photographs of the bones can assist this assessment if they are clear and taken in accordance with guidance provided in Appendix 3 Good photographs often result in the bones being identified by a specialist without requiring a site visit noting they are nearly always non-human In these cases non-human skeletal remains must be treated like any other unexpected archaeological find

If the bones are identified as human (either by photographs or an on-site inspection) a technical specialist must determine the likely ancestry (Aboriginal or non-Aboriginal) and burial context (archaeological or forensic) This assessment is required to identify the legal regulator of the human remains so urgent notification (as below) can occur

Preliminary telephone or verbal notification by the archaeologist to the Sydney Metro Senior Heritage Advisor is appropriate This must be followed up later by a formal letter notification to the relevant regulator when a management plan has been developed and agreed to by the relevant parties

2 Range of human skeletal notification pathways

The following is a summary of the different notification pathways required for human skeletal remains depending on the preliminary skeletal assessment of ancestry and burial context

A Human bones are from a recently deceased person (less than 100 years old)

B Human bones are archaeological in nature (more than 100 years old) and are likely to be Aboriginal remains

C Human bones are archaeological in nature (more than 100 years old) and likely to be non-Aboriginal remains

Figure 3 summarises the notification pathways on finding bones

Action

The Heritage NSW must be notified immediately

Action

The police must be notified immediately as per the obligations to report a death or suspected death under s35 of the Coroners Act 2009 (NSW) It should be assumed the police will then take command of the site until otherwise directed

Action

The Department of Planning Industry and Environment Aboriginal Heritage Section must be notified immediately The project Aboriginal Cultural Heritage Advisor must contact and inform the relevant Aboriginal community stakeholders who may request to be present on site

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Figure 3 Overview of steps to be undertaken on the discovery of bones

After the appropriate verbal notifications (as described in 2B and 2C above) the Project Manager must proceed through the Unexpected Heritage Items Exhumation Procedure (Step 4) It is noted that no Exhumation Procedure is required for forensic cases (2A) as all future management is a police matter Non-human skeletal remains must be treated like any other unexpected archaeological find and so must proceed to record the find

3 Additional considerations and requirements

Uncovering archaeological human remains must be managed intensively and needs to consider a number of additional specific issues These issues might include facilitating culturally appropriate processes when dealing with Aboriginal remains (such as repatriation and cultural ceremonies) Project Managers may need to consider overnight site security of any exposed remains and may need to manage the onsite attendance of a number of different external stakeholders during assessment andor investigation of remains

Project Managers may also be advised to liaise with local churchreligious groups and the media to manage community issues arising from the find Additional investigations may be required to identify living descendants particularly if the remains are to be removed and relocated

If exhumation of the remains (from a formal burial or a vault) is required Project Managers should also be aware of additional approval requirements under the NSW Public Health Act 1991 Specifically Sydney Metro may be required to apply to the Director General of NSW

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Department of Health for approval to exhume human remains as per Clause 26 of the NSW Public Health (Disposal of Bodies) Regulation 2002 8

Further the exhumation of such remains needs to consider health risks such as infectious disease control exhumation procedures and reburial approval and registration Further guidance on this matter can be found at the NSW Department of Health website

In addition due to the potential significant statutory and common law controls and prohibitions associated with interfering with a public cemetery project teams are advised when works uncover human remains adjacent to cemeteries to confirm the cemeteryrsquos exact boundaries where possible

8 This requirement is in addition to heritage approvals under the Heritage Act 1977

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Appendix 5 - Archaeologicalheritage advice checklist

The archaeologistAboriginal heritage consultant must advise the Sydney Metro Environment Manager and Senior Heritage Advisor of an appropriate archaeological or heritage management plan as soon as possible after an inspection of the site has been completed An archaeological or heritage management plan can include a range of activities and processes which differ depending on the find and its significance

In discussions with the archaeologistAboriginal heritage consultant the following checklist can be used as a prompt to ensure all relevant heritage issues are considered when developing this plan This will allow the project team to receive clear and full advice to move forward quickly Archaeological andor heritage advice on how to proceed can be received in a letter or email outlining all relevant archaeological andor heritage issues

Required Outcomenotes

Assessment and investigation

Assessment of significance YesNo

Assessment of heritage impact YesNo

Archaeological excavation YesNo

Archival photographic recording YesNo

Heritage approvals and notifications

AHIP section 140 section 139 exceptions section 60 exemptions etc

YesNo

Regulator relicsobjects notification YesNo

Notification to Sydney Trains for s170 heritage conservation register

YesNo

Compliance with CEMP or other project heritage approvals

YesNo

Stakeholder consultation

Aboriginal stakeholder consultation YesNo

Artefactheritage item management

Retention or conservation strategy (eg items may be subject to long conservation and interpretation)

YesNo

Disposal strategy YesNo

Short term and permanent storage locations (interested third parties should be consulted on this issue)

YesNo

Control Agreement for Aboriginal objects YesNo

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Appendix 6 - Template notification letter

Insert on Sydney Metro letterhead

Select and type date] [Select and type reference number]

XXX

Heritage NSW Department of Planning Industry and

Environment

xxx

Parramatta NSW 2124

[Select and type salutation and name]

Re Unexpected heritage item discovered during Sydney Metro activities

I write to inform you of an unexpected [select relic heritage item or Aboriginal object] found during Sydney Metro investigative and construction works at [insert location] on [insert date] in accordance with the notification requirement under select section 146 of the Heritage Act 1977 (NSW) [Where the regulator has been informally notified at an earlier date by telephone this should be referred to here]

[Provide a brief overview of the project background and project area Provide a summary of the description and location of the item including a map and image where possible Also include how the project was assessed under the Environmental Planning and Assessment Act 1979 (NSW) (eg Part 5) Also include any project approval number if available]

Sydney Metro [or contractor] has sought professional archaeological advice regarding the item A preliminary assessment indicates [provide a summary description and likely significance of the item] Please find additional information on the site recording form attached

Based on the preliminary findings Sydney Metro [or contractor] is proposing [provide a summary of the proposed archaeologicalheritage approach (eg develop archaeological research design (where relevant) seek heritage approvals undertake archaeological investigation or conservationinterpretation strategy) Also include preliminary justification of such heritage impact with regard to project design constraints and delivery program]

The proposed approach will be further developed in consultation with a nominated Office of Environment and Heritage staff member

Should you have any feedback on the proposed approach or if you require any further information please do not hesitate to contact [Environment and Planning Project Manager] on (02) XXXX XXXX

Yours sincerely

[Sender name]

Sydney Metro Director Environment Sustainability amp Planning [Attach the archaeologicalheritage management plan and site recording form]

NB On finding Aboriginal human skeletal remains this letter must also be sent to the Commonwealth Minister for the Environment in accordance with notification requirements under section 20(1) of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Commonwealth)

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 56 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 5B ndash Sydney Metro Exhumation Management Procedure

Unclassified

Exhumation Management

Procedure

SM ES-PW-31510

Sydney Metro Integrated Management System (IMS)

Applicable to Sydney Metro

Document Owner Senior Heritage Advisor

System Owner Environment Sustainability and Planning

Status Final issued for Implementation

Version 40

Date of issue June 2020

Review date June 2021

copy Sydney Metro 2017

Unclassified

Integrated

Management

System

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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Sydney Metro Exhumation Procedure v40 (final)

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Table of Contents

Contents 1 Introduction 3

2 Methodology 3 21 Overview of legislative requirements for dealing with human remains

4 22 Discovery of human remains and forensic cases NSW Coroners

Act 2009 (NSW) 4 23 Historic human remains Heritage Act 1977 and Guidelines for the

Management of Human Skeletal Remains under the Heritage Act 1977 5

24 Aboriginal human remains National Parks and Wildlife Act 1974 6 25 Exhumation of human remains Public Health Regulation 2012

(NSW) and the NSW Health Policy Statement ndash Exhumation of human remains (2013) 7

26 NSW Ministry of Health Policy Statement ndash Exhumation of human remains (2013) 7

27 Work Health and Safety Act 2011 7

3 Sydney Metro procedure for the discovery and management of human remains 8 31 Initial discovery of bones What do we do 8 32 Archaeological Exhumation Methodology 10

4 Excavation and post-excavation tasks 14 41 Research Questions 14 42 Process for DNA Testing Isotope Analysis and Environmental

Sampling 15 43 Reporting 16 44 Public Involvement 16 45 Temporary Storage and Permanent Repository or Resting Place for

Remains 17

5 Definitions 18

6 Related Documents and References 18

7 Superseded Documents 18

8 Document History 18

9 Schedule of Acronyms 18

Exhumation of Human Remains 20 EXHUMATION OF HUMAN REMAINS 1 MANDATORY REQUIREMENTS 1 IMPLEMENTATION 1 REVISION HISTORY 2 CONTENTS 4 APPENDIX 2 11 APPENDIX 3 12 APPENDIX 4 13 APPLICATION TO EXHUME REMAINS 16

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1 Introduction

This Exhumation Management Procedure (ExMP) has been developed to provide Sydney Metro and their contractors with guidance on managing the discovery of human skeletal remains during the course of the Sydney Metro program of works

Sydney Metro is Australiarsquos biggest public transport project From the northwest metro rail is being extended under Sydney Harbour through new underground city stations and beyond to the south west In 2024 Sydney will have 31 metro railway stations and a 66km standalone metro railway system revolutionising the way Australiarsquos biggest city travels (refer to Figure 1)

The purpose of this ExMP is to provide a clear and concise process to follow in the event of the discovery of potential human remains during Sydney Metro project works

This ExMP will be reviewed as required and prior to any future Sydney Metro project that has potential to impact on a known cemetery or burial ground A review may require amendment the ExMP to tailor additional controls or management procedures that are specific to the impacted cemetery or burial ground In addition the requirements of the relevant Planning Approval will be assessed during the review of this ExMP prior to its implementation

This procedure should be read in conjunction with the Sydney Metro Unexpected Finds Policy

2 Methodology

This ExMP outlines the procedure for the management of the discovery of human remains within the Sydney Metro program The ExMP addresses the following

Discussion of relevant legislation and guidelines (eg Coroners Act 2009 Heritage Act 1977 Guidelines for the Management of Human Skeletal Remains 1988 and the Public Health Regulations 2012)

Archaeological methodology for excavation of remains including processes for appropriately handling remains in accordance with the relevant guidelines

Preparation of a flow chart process to be used by contractors to respond to the discovery of suspected human remains

Post-exhumation management primarily around relocation processing and long- term arrangements

Process for nomination of a physical anthropologist and temporary storage location

Process for additional analysis including DNA testing isotope analysis and environmental sampling and discussion on requirements for public involvement

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Figure 1 2020 Sydney Metro Program Project overview and station locations

21 Overview of legislative requirements for dealing with human remains

The following section provides an overview of the legislation that would apply to the discovery management and relocation of human remains A discovery of suspected human remains may be subject to different Acts and requirements thereby triggering different notification pathways based on the specific circumstances involved

The first step will always be to notify the NSW Police Confirmation of the age (antiquity) and nature of the skeletal remains as well as the reasons for the disturbance will dictate which Act and provisions will be applicable

22 Discovery of human remains and forensic cases NSW Coroners Act 2009 (NSW)

For a discovery of suspected human remains less than 100 years old the remains would come under the jurisdiction of the State Coroner and the NSW Coroners Act 2009 Such a case would be considered a lsquoreportable deathrsquo and under legal notification obligations set out in s35 (2) a person must report the death to a police officer a coroner or an assistant coroner as soon as possible This applies to all human remains less than 100 years old regardless of ancestry (ie both Aboriginal and non-Aboriginal remains)

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35 Obligation to report death or suspected death

(1) This section applies to any person who has reasonable grounds to believe that a death or suspected death of another person

(a) is a reportable death or occurred in circumstances that would be examinable under Division 2 of Part 32 and

(b) has not been reported in accordance with subsection (2)

(2) A person to whom this section applies must report the death or suspected death concerned to a police officer a coroner or an assistant coroner as soon as possible after becoming aware of the grounds referred to in subsection (1)

Maximum penalty (subsection (2)) 10 penalty units

(3) A police officer to whom a death or suspected death is reported under this section is required to report the death or suspected death to a coroner or assistant coroner as soon as possible after the report is made

(4) An assistant coroner to whom a death or suspected death is reported under this section is required to report the death or suspected death to a coroner as soon as possible after the report is made

(5) A coroner to whom a death or suspected death is reported under this section is required to inform the State Coroner of the report as soon as practicable after the report is made

23 Historic human remains Heritage Act 1977 and Guidelines for the Management of Human Skeletal Remains under the Heritage Act 1977

The Heritage Act 1977 and Guidelines for the Management of Human Skeletal Remains under the Heritage Act 19771 (the Guidelines) apply to historic burials in New South Wales It should be noted that the Guidelines are outdated in terms of the current statutory framework

A relic is defined as an archaeological deposit or artefact that has heritage significance at a local or State level The guidelines Assessing Significance for Historical Archaeological Sites and `Relics2 have been endorsed by the Heritage Council and should be used to assess the level of heritage or archaeological significance of the remains With reference to burial grounds objects such as headstones grave enclosures and grave goods as well as buried human remains may be a lsquorelicrsquo

1 NSW Heritage Office 1998

2 Heritage Branch of the Department of Planning 2009

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Approval under the Heritage Act 1977 and the National Parks and Wildlife Act 1974 is not required if human remains are uncovered during a Critical State Significant Infrastructure (CSSI) project However notification to the Heritage Council under s146 of the Heritage Act and notification of an Aboriginal object under the National Parks and Wildlife Act is required if archaeological human remains are uncovered

24 Aboriginal human remains National Parks and Wildlife Act 1974

The National Parks and Wildlife Act provides statutory protection for all Aboriginal lsquoobjectsrsquo (consisting of any material evidence of the Aboriginal occupation of NSW) under Section 90 of the Act and for lsquoAboriginal Placesrsquo (areas of cultural significance to the Aboriginal community) under Section 84

Discovery of Aboriginal burials andor human remains would be addressed in the projectrsquos Aboriginal Cultural Heritage Assessment Report (ACHAR) ACHARs would be prepared in accordance with the Heritage NSW

lsquoGuidelines for Aboriginal Cultural Heritage Impact Assessment and Community Consultation3

Guide to investigating assessing and reporting on Aboriginal cultural heritage in NSW4

Aboriginal cultural heritage consultation requirements for proponents 20105

Code of Practice for Archaeological Investigation of Aboriginal Objects in New South Wales6

If suspected human skeletal remains are uncovered at any time during the archaeological management program the process outlined in this ExMP and detailed in the flow chart is to be followed Management of the remains would be guided by consultation with the nominated Registered Aboriginal Parties (RAPs) for the project in adherence to the ACHAR

3 NSW Department of Environment and Conservation 2005

4 OEH 2011

5 Department of Environment Climate Change and Water 2010

6 OEH 2010

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25 Exhumation of human remains Public Health Regulation 2012 (NSW) and the NSW Health Policy Statement ndash Exhumation of human remains (2013)

Public Health Regulation 2012 and the NSW Health Policy Statement ndash Exhumation of human remains of the Public Health Regulation 2012 provides specific regulation for the exhumation of bodies in NSW

Under Clause 70 of the Regulation an application for approval to exhume the remains of a dead person may be made to the Director-General via an approved form to the Director of the Local Public Health Unit that acts on behalf of the Director-General of NSW Health Exhumation is not to take place unless an authorised officer or a NSW Health member of staff is present at the exhumation (the grave may be excavated to the lid of the coffin but nothing must be disturbed until the arrival of the authorised officer) (Clause 72) An authorised officer must be present at the exhumation to ensure the correct interment procedure is followed and that all of the remains are exhumed and to enforce the protection of public health should this be necessary

26 NSW Ministry of Health Policy Statement ndash Exhumation of human remains (2013)

The NSW Ministry of Health Policy Statement on the exhumation of human remains provides the policy to be observed by Public Health Units located in Local Health Districts on receipt of an application to seek permission for approval of the exhumation of human remains under the Public Health Regulation 2012 Public Health Units (PHUs) of Local Health Districts (LHDs) in NSW facilitate the approval for an exhumation Under Clause 69 a person must not exhume a body unless the exhumation of the remains has been approved by the Director-General An application for permission to exhume the remains of a deceased person is to be made to the Public Health Unit on the approved form which is contained at the NSW Health website

The required form is appended to this ExMP for ease of reference

Note that the title of Director General of Health was replaced with the Secretary of Health when the Public Health Act and Public Health Regulation were amended However the Policy Directive PD2013-046 has not been amended to reflect this change

27 Work Health and Safety Act 2011

The Work Health and Safety Act 2011 provisions apply to protect personnel involved in the exhumation procedure by creating and maintaining safe and healthy work practices and are enforced by WorkCover NSW Graves crypts and vaults could be considered to be confined spaces in some circumstances under health and safety legislation More information on safe work practices is available at or by contacting SafeWork NSW via their website or directly

Health and safety aspects of working with human remains should be considered Generally working with archaeological human skeletal remains requires no extra precautions to be taken beyond normal health and safety regulations Once any necessary site health and safety precautions have been taken the exhumation of human remains can proceed

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Sydney Metro Exhumation Procedure v40 (final)

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3 Sydney Metro procedure for the discovery and management of human remains

This procedure provides project managers principal contractors and the project archaeologistExcavation Director with advice on the steps to follow upon uncovering suspected human remains Information on the potential for burials and human remains would be included in the general project induction for all personnel The induction would include the procedure to manage these finds as set out in this ExMP

31 Initial discovery of bones What do we do

To avoid doubt all suspected bone items must be treated as potential human skeletal remains and work around them must stop while they are protected and investigated as a matter of urgency

Stop Work and preliminary notification

On discovery of bone (suspected human remains) all work in the area of the find must stop and the remains must be confirmed as being human or not

The Project ArchaeologistExcavation Director must be notified

Preliminary notification must be made to the NSW Police in compliance with Section 35 of the Coroners Act 2009

What When bones are uncovered at a site all work in the area the find must stop immediately and the

site must be secured

Who The discoverer will immediately notify machinery operators so that no further disturbance of the

remains will occur as well as notify the foremansite supervisor principal contractor project archaeologistExcavation Director and Sydney Metro Environmental Manager

Preliminary notification to the NSW Police will be undertaken by the Sydney Metro Environmental Manager Notification should provide verbal description of the remains and inform the police that consultation with technical specialists is being undertaken to confirm that the remains are human as well as the burial context (archaeological or less than 100 years old refer Step 2)

How Inform all site personnel of restricted access to the area of the discovery until further notice Area must be fenced off (flagging or temporary exclusion fencing)

Actions Notify site supervisor principal contractor project archaeologist Excavation Director and Sydney Metro Environmental Manger of the find and protect the suspected remains until an initial assessment can be undertaken by a technical specialist

Preliminary notification to NSW Police by Sydney Metro Environmental Manager

Confirm the remains are human

Skeletal remains could either be articulated and in a recognisable form of burial such as a coffin or common burial position of the body (eg supine prone or flexed) or they could be disarticulated or fragmented remains Within the boundaries of a known historic burial ground there is a high probability of the remains being human In a suspected forensic case (less than 100 years old) the remains may have clothing andor human tissue Disarticulated or fragmented bones are often uncovered and these may require specialist assessment to determine legal jurisdiction

If suspected human remains are identified during the course of project works preliminary notification must be made to the NSW Police in compliance with Section 35 of the Coroners Act 1999 (refer Step 1) NSW Police would be contacted immediately upon receipt of confirmation of human provenance

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What Confirmation that the remains are human their burial context - whether they are forensic (less than 100 years) or archaeological (older than 100 years) and suspected ancestry (Aboriginal or non- Aboriginal)

Who Excavation Director and or Forensic or physical anthropologist or archaeologist with specialist skills such as an osteoarchaeologist

Notification to the NSW Police will be undertaken by the Sydney Metro Environmental Manager

How Consultation could be undertaken as either an on-site inspection or via good quality photos sent to the nominated technical specialist of 1) the remains and 2) the site general site location of the discovery

Actions Contact nominated technical specialists to confirm that the remains are a) human b) burial context (archaeological or forensic) and c) suspected ancestry (Aboriginal or non-Aboriginal)

For the duration of the Sydney Metro project the nominated technical specialists are

Forensic Anthropologist ndash TBC by contractor for project area

Nominated Excavation Director ndash TBC by contractor for project area

Sydney Metro Environmental Manager to conduct and or oversee liaison with NSW Police

The archaeologist may be able to identify the nature of remains without input from the Forensic Anthropologist The Forensic Anthropologist should be contacted as required

Notification based on jurisdiction (forensic or archaeological)

Once confirmation is received from the technical specialist that the remains are of human origin there are three possible statutory pathways to follow based on the assessment

What Forensic case remains are less than 100 years old

Who If it is determined by specialist assessment (Step 2) that the remains are forensic the remains come

under the jurisdiction of the State Coroner and the Coroners Act 2009

How The NSW Police would likely secure the site and will advise on the procedure to be followed

Actions Environmental Manager to liaise with NSW Police

What Archaeological ndash non-Aboriginal human remains -more than 100 years old

Who Follow the Archaeology Exhumation Methodology as set out in Step 4 below

How Follow the Archaeology Exhumation Methodology as set out in Step 4 below

Actions Follow the Archaeology Exhumation Methodology as set out in Step 4 below

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Unclassified

Sydney Metro Exhumation Procedure v40 (final)

copy Sydney Metro 2017 Page 10 of 24

What Archaeological ndash suspected Aboriginal human remains -more than 100 years old

Who Recording of Aboriginal ancestral remains must be undertaken by or conducted under the direct supervision of a specialist with RAPs present

How The RAPs must be present where it is reasonably suspected that Aboriginal burials or human remains have been encountered

Actions Notify RAPs and follow ACHAR Notification to Heritage NSW

Follow the Archaeology Exhumation Methodology as set out in Step 4

32 Archaeological Exhumation Methodology

The following section provides the archaeological methodology for exhumation and the appropriate handling of human remains

Securing the Site

The strategy for the excavation and removal of human remains must be sensitive to public opinion and ethical issues and exhumation activities should not be visible to the general public The site may need to be screened off from public areas not only with hoarding but also in some cases with a roof to screen the site off from overlooking buildings At all times human remains should be treated with respect and dignity The perimeter of the excavation site should be demarcated by plastic tape or flagging with only technical staff allowed within this area for the duration of exhumation activities

The site should be protected from the elements including flooding contamination with dust or debris and other disturbance These measures would be formulated by the Excavation Director in consultation with the contractor and Sydney Metro where required and may differ from site to site

Excavation Director

Archaeological investigations are to be managed by a suitably qualified Excavation Director with experience in the historical archaeology of Sydney and the excavation and management of human remains For sites with potential for locally significant remains the Excavation Director should meet the NSW Heritage Council criteria for locally significant archaeological sites For sites with potential for State significant archaeology the Excavation Director should meet the NSW Heritage Council criteria for State significant archaeological sites

Excavation and recording

Exhumation and recording is to be undertaken in accordance with best practice forensic and Heritage Council guidelines Prior to removal the remains should be fully recorded in situ to understand their surrounding archaeological context This will include recording any disturbances to the burial and the identification of bones present In some cases the deposit of bones may be a mixture of articulated and disarticulated remains Care should be taken to distinguish articulated remains and to assess if they represent commingled individuals or disturbed remains belonging to one individual and to record them accordingly

Recording

A standard context recording system would be employed

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Unclassified

Sydney Metro Exhumation Procedure v40 (final)

copy Sydney Metro 2017 Page 11 of 24

Detailed survey andor measured drawings would be prepared and include location of remains within the overall site (position of the body the direction of the burial noting any stratigraphic relationships with other archaeological features)

Any associated artefacts (potential grave goods burial furniture) would be recorded and collected by context for later analysis

Digital photography in RAW format using photographic scales and photo boards where appropriate A photographic record of all phases of the work on site would be undertaken

Registers of contexts photos samples and drawings would be kept

Excavation

Detection of the extent of the graveremains (if disarticulated)

Surface soils removed in excavation units of 100mm (site dependent) using small hand tools

Expose remains with soft paint brushes and pedestal the remains

Record position and depth of remains

Soil removed would be sieved through 3mm mesh to examine for teeth and bone fragments

Soil samples may be taken from the abdominal andor chest areas of the body (articulated remains) to retrieve further evidence

Exhumation must be under the control of the Excavation Director with the assistance of a Forensic Anthropologist if required Exhumation permits provided by NSW Ministry of Health may also require the presence of an authorised officer or a member of staff of the Ministry of Health

Further excavation of the bottom of the pit (grave) following removal to confirm the absence of further remains

Relocation of bones

Removal and collection of skeletal remains to follow standard forensic practice of labelling

Remove remains from the ground systematically and place in plastic bags according to anatomical areas of the body

Bags should not be air-tight and should have ventilation holes to prevent deterioration of fragile skeletal material Each bag should contain labels and the separate bags should then be placed in a large plastic bag crate or box labelled with the context information

The remains should be placed in a sturdy large cardboard box (approximately 600 x 300 x 200 mm) for relocation to off-site processing location

Resume work

Construction work may only recommence upon receipt of clearance certificate from the Excavation Director and may require additional NSW Ministry of Health approval If a forensic case written authorisation from the NSW Police is required

Reporting

A report would be prepared following the completion of the program of exhumation works separate to the archaeological excavation report for the project This report would include skeletal analysis catalogue comprehensively describe the process of exhumation detail

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Unclassified

Sydney Metro Exhumation Procedure v40 (final)

copy Sydney Metro 2017 Page 12 of 24

the recording of the remains and synthesise the results of any further laboratory testing An assessment of significance for the remains would be provided and interpreted within the context of the archaeological research design (response to research questions)

Unclassified

Sydney Metro Exhumation Procedure v4 (Final)

Unclassified

Figure 2 Exhumation Procedure Flow chart

Page 13 of 24

Discovery of bone

Non-human remains

Archaeologist to investigate and work not

to recommence until instrcuted by ED

Work only to recommence when clearance given by Excavation Director

Human Remains

Forensic

Sydney Metro Environmental

Manager to advise NSW POlice

Archaoelogical work not to recommence until clearance given

by NSW Police or Coroner

Aboriginal

Sydney Metro Environmental Manager to advise NSW Policye notify RAPs and follow

ACHAR

Archaoelogical work not to

recommence until clearance firven by

NSW Police or Coroner

Non Aboriginal

Sydney Metro Environmental Manager to notifiy NSW Policce Heritage NSW and DPIE

Sydney Metrocontractor to apply to Secretary of

Health to exhume

Exhumation of human remains by nominated ED Construction work not to commence until

ED issues Clearance Certificate

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

4 Excavation and post-excavation tasks

The following tasks relate to responses to the identification of human remains on site All management should be in accordance with the AARD and relevant Archaeological Method Statement (AMS) and be overseen by the Excavation Director The Excavation Director would nominate a Forensic Anthropologist where required

41 Research Questions

The following research questions should be used guide exhumations should intact burials disarticulated remain burial cuttings or associated material culture be uncovered during works

The research questions are a guide only and could be added to or amended by the Excavation Director depending on the nature of the find

Social History and Burial Practices

Does the location of the burialburial cutting correspond with historic plansdescriptions Are these sources reliable

Is there evidence of exhumation

Do graves cut into older ones What can this tell us about nineteenth century burial practices and how does this compare to other excavated cemetery sites in the region

What is the distance between burials (if multiple burials uncovered) Does this conform to known nineteenth century burial practices

What type of fill was used within grave cuttings What can this tell us about the surrounding environment and burial practices at the time

What materialstree species were used to produce coffins Can coffin manufacturing techniques or fastening methods (use of mortar screws nails tacks) be identified Does this match known burial practices of the time If alternative methods are identified what can this tell us about the manufacturer or economicsocial landscape

Can the class or rank of the individual be identified via coffin materials grave goods or clothingshrouds

Which direction is the burial orientated How does this correspond with the knownhypothesised location of denomination areas

If the burial is associated with additional individuals can a familial relationship be assessed through DNA or other genetic markers identifiable within the skeletal remains (eg impacted third molar)

Can an exchange between burial practices in Britain and colonial Sydney be identified through the burial remains Is there evidence for alternative burial practices associated with additional cultures

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Environmental Factors and Scientific Analysis

What is the condition of the bones How does their condition compare to known or nearby burials of the same age What environmental or human factors may have influenced the decomposition process

Can the health nutrition sex race stature or age be identified through the skeletal remains Is there evidence of trauma on the bones Is there evidence of pathology on the bones (eg syphilis tuberculosis tumours)

If archaeobotanical analysis is carried out what can it tell us about the surrounding environment and nearby plant species Can prepost-European landscapes be determined within the archaeobotanical record

Can stable isotope analysis address any questions regarding diet country of origin and nutrition

Can DNA testing address any questions not answerable by the skeletal remains themselves such as sex familial relationships (if buried with another individuals) or race

Is there potential for DNA to be tested against any individuals who may come forward as a descendant of the deceased

42 Process for DNA Testing Isotope Analysis and Environmental Sampling

Pre-Excavation

The Excavation Director in consultation with the Forensic Anthropologist will nominate a suitable laboratory prior to works commencing Approval for the analysis of skeletal remains soil samples and material samples from the laboratory would also be sought prior to works commencing

Excavation

In order to prevent cross-contamination the following sample collection and excavation process should be followed

The location quantity and material (bone teeth hair soil wood) of samples will be determined by the Excavation Director or Forensic Anthropologist prior to its collection

Samples would be stored in a safe secure and climate controlled location while excavations are in progress This would be chosen by the Excavation Director or Forensic Anthropologist on site

Each collected sample would be given a unique catalogue number and a sample register would be recorded throughout the excavation

ldquoClean Excavationrsquo procedures would be followed during the excavation of burials and during the sample collection process7 This would include

7 Guidelines for lsquoclean excavationrsquo are based on procedures outlined in Yang D Y amp Watt K 2005

Contamination controls when preparing archaeological remains for ancient DNA analysis Journal of Archaeological Science vol 32 pp 331ndash336 and Society for Historical Archaeology 2015-2017 Research and Analysis of Artefacts Accessed online at httpsshaorgconservation- factsfaqanalysisC on 2552017

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Latex gloves would be worn by individuals excavating andor handling bone or soil samples Gloves would be changed for each bone andor individual to prevent cross-contamination

Excavation toolsbrushes would be cleaned prior to and after the collection of each sample to prevent cross-contamination

In some cases a face mask would be worn when samples for DNA analysis are being collected

Bone samples for DNA testing would be collected with surrounding in situ soil and should not be cleaned prior to bagging

It may be necessary for individuals involved in sample collection to submit DNA for comparison in the event of cross-contamination and

All bags containing samples for analysis would be bagged and labelled appropriately to prevent cross contamination and ensure they are handled and stored correctly

Post-Excavation

On completion of excavations samples will be transported to nominated laboratories for analysis A record of their location will be kept

43 Reporting

The results of the investigation of human remains and the exhumation will be included in the archaeological reporting for the project in accordance with the project AARD

Once finalised all archaeological excavation and data analysis reports will be submitted to

The relevant local Council and Library

The Heritage Office Library

The State Library of NSW and

Made available online for public access and educational purposes

Further if significant remains are identified during excavations the results and findings would be published in academic journals and conference papers where feasible

44 Public Involvement

Archaeological excavations may uncover remains directly associated with early settlement and burial practices Such remains are likely to generate public interest

Public involvement may include

Media releases

Public Open Days

Preparation of brochures detailing the archaeological excavations

Interpretive signage and online blog posts or site diaries while excavations are taking place and

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

The preparation of a Heritage Interpretation Plan designed to provide interpretation of the site within the new development upon the completion of works

Due to sensitive nature of human skeletal remains these recommendations would be adapted and modified as appropriate under the direction of Sydney Metro and the Excavation Director

Such recommendations would also be considered and require approval from relevant Stakeholder Groups such as known or potential descendants of the deceased NSW Heritage Heritage Council local Council and interest groups

45 Temporary Storage and Permanent Repository or Resting Place for Remains

Temporary Storage

Upon the completion of archaeological excavations skeletal remains should be boxed separately and temporarily stored within a safe secure and temperature controlled environment to allow for further analysis of the remains This location would be chosen by the Excavation Director and the Forensic Anthropologist and comply with NSW legislative requirements

Permanent Repository or Resting Place for Remains

A permanent repository or resting place for remains is dependent on the nature and volume of skeletal remains As this cannot be determined prior to excavations taking place the following recommendations should act as guidelines only Final arrangements would be dictated by Sydney Metro the Excavation Director Forensic Anthropologist identified descendants of the deceased andor Stakeholder Groups upon the completion of excavations and subsequent analysis

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

5 Definitions

All terminology in this Procedure is taken to mean the generally accepted or dictionary definition Other terms and jargon specific to this Procedure are defined inhttpsicentraltdocstransportnswgovauotcscsexeappnodes3574566

6 Related Documents and References

Related Documents and References

na

7 Superseded Documents

Superseded Documents

Exhumation Management Plan Version 22

Exhumation Management Plan Version 30

8 Document History

Version Date of approval Notes

11 May 2017 New IMS document

20 July 2017 Incorporates Stage 2 (Section 3)

21

February 2019

Extended for Metro Program wide application includes changes specific Central Station management incorporates comments received from the State Coronerrsquos Office NSW Police NSW Health Sydney Metro Environmental Environmental Representatives engaged on the Central site and the Office of Environment and Heritage

22 February 2019 Incorporates comments received from Artefact Heritage and Denise Donlan issued to Health and OEH HD for consultation

30 May 2019 Incorporates Health Coroner and OEH comments

40 April 2020 Updates to remove specific references to City and South West and Central Station

Change of title to ldquoProcedurerdquo

Update to references

9 Schedule of Acronyms

Acronym Meaning

AARD Archaeological Assessment and Research Design

ACHAR Aboriginal Cultural Heritage Assessment Report

AMS Archaeological Method Statement

CSSI Critical State Significant Infrastructure

ER Environmental Representative (Independent)

ExMP Exhumation Management Plan (this plan)

OEH Office of Environment and Heritage

PHU Public Health Unit

RAPs Registered Aboriginal Parties

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Appendix 1

NSW Heath Policy Directive for Exhumation of Human Remains

Policy Directive

Ministry of Health NSW 73 Miller Street North Sydney NSW 2060

Locked Mail Bag 961 North Sydney NSW 2059 Telephone (02) 9391 9000 Fax (02) 9391 9101

httpwwwhealthnswgovaupolicies

Exhumation of Human Remains

Document Number PD2013_046

Publication date 05-Dec-2013

Functional Sub group Population Health - Environmental

Summary This document provides the policy to be observed by NSW Health in receipt of an application to seek permission for approval of the exhumation of human remains under clauses 69-72 of the Public Health Regulation 2012 This Policy Directive will provide the conditions on which approvals may be granted for exhumation of human remains

Replaces Doc No Burials - Exhumation of Human Remains [PD2008_022]

Author Branch Environmental Health

Branch contact Environmental Health 94245823

Applies to Local Health Districts Environmental Health Officers of Local Councils Ministry of Health Public Health Units Public Hospitals

Audience Authorised officers from Public Health Units and local councils

Distributed to Public Health System Environmental Health Officers of Local Councils NSW Ambulance Service Ministry of Health Public Health Units Public Hospitals

Review date 05-Dec-2018

Policy Manual Patient Matters

File No 081292

Status Active

Director-General

This Policy Directive may be varied withdrawn or replaced at any time Compliance with this directive is mandatory for NSW Health and is a condition of subsidy for public health organisations

POLICY STATEMENT

Issue date December-2013 PD2013_046 Page 1 of 2

EXHUMATION OF HUMAN REMAINS

PURPOSE

This document provides the policy to be observed by Public Health Units located in Local Health Districts on receipt of an application to seek permission for approval of the exhumation of human remains under the Public Health Regulation 2012 Common reasons for exhuming bodies include to repatriate the remains overseas or to relocate the body to another cemetery plot or vault

MANDATORY REQUIREMENTS

Under Clause 69 of the Public Health Regulation 2012 a person must not exhume a body unless the exhumation of the remains has been approved by the Director-General

An application for approval to exhume the remains of the body of a dead person may be made to the Director General by

An executor of the estate of the dead person

The nearest surviving relative of the dead person

If there is no such executor or relative available to make the application a person who in the opinion of the Director-General is a proper person may make the application

An application is to be made in the approved form and it is to be accompanied by

A certified copy of the death certificate relating to the dead person

A statutory declaration as to the relationship of the applicant to the dead person and the dead persons wishes if any regarding the disposal of his or her body

An application fee

Under Clause 71 of the Public Health Regulation 2012 the Director-General may

Grant an approval to exhume the remains of a body

Refuse the application

Under Clause 72 an exhumation cannot take place without an authorised officer or a Ministry of Health staff member present A person must not proceed with an exhumation if the authorised officer or Ministry of Health staff member who is present at the exhumation orders the exhumation to stop

Under Clause 78 if the applicant seeks to have the exhumed body cremated a separate application can be made for an exemption from providing the required cremation documentation provided the body has been buried for longer than 10 years The minimum 10 year period is strictly enforced An application under this clause is to be accompanied by a fee of $100

IMPLEMENTATION

Authorised officers in Public Health Units of Local Health Districts are responsible for assessing applications for exhumation of human remains and either approving with a set of conditions or rejecting the application Authorised officers should ensure that all of the required document has been submitted with the application fee and that an appropriate person has applied for the application The approval granted is valid for a period of three months after the approval is granted

POLICY STATEMENT

Issue date December-2013 PD2013_046 Page 2 of 2

REVISION HISTORY

Version Approved by Amendment notes

December 2013 PD2013_046

Deputy Director- General Population and Public Health

This document is an updating of the original document due to legal changes under the Public Health Regulation 2012

23 April 2008 PD2008_022

Director-General This document provided the policy to be observed by NSW Health in receipt of an application to seek permission for approval of exhumation of human remains under clauses 25 ndash 28 of the Public Health (Disposal of Bodies) Regulation 2002 It provided the conditions upon which approvals could be granted for the exhumation of human remains

ATTACHMENTS

1 Exhumation of Human Remains Procedures

Exhumation of Human Remains PROCEDURES

Issue date December-2013

PD2013_046

Exhumation of Human Remains

Issue date December-2013 PD2013_046 Contents Page

PROCEDURES

CONTENTS

1 BACKGROUND 2

11 Introduction 2

12 Key definitions 2

13 Legal and legislative framework 3

2 APPLICATION REQUIREMENTS 6

3 APPROVAL BY PUBLIC HEALTH UNITS 7

31 Delegation 7

32 Special Considerations on Exhumation Approval 7

33 Conditions of Approval 8

34 Approval Instrument 8

35 Notification of Approval 8

36 Refusals 8

37 Cremation of Remains 8

APPENDIX 1 10

APPENDIX 2 11

APPENDIX 3 12

APPENDIX 4 13

APPENDIX 5 14

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 2 of 14

1 BACKGROUND

11 Introduction

Exhumation of human remains may occur for a number of reasons including

To satisfy family wishes where the family of the deceased person may want the remains to be moved to another burial ground to another part of the state or country or abroad or even to have the remains cremated

To obey Coronial orders requiring exhumation for forensic (criminal) investigation

To enable the use of closed cemeteries for redevelopment or for the construction of new infrastructure such as a road or airport

A variety of people including authorised officers cemetery authorities and funeral directors are involved at different stages of exhumation procedures

Public Health Units (PHUs) of Local Health Districts (LHDs) in NSW facilitate the approval for an exhumation however there is no obligation to proceed with an exhumation once it has been approved

The objectives of this document are

To assist authorised officers with processing applications to exhume

To standardise the management of an exhumation so as to prevent a public health risk and protect community amenity in the handling of remains

12 Key definitions

These definitions are repeated from the Public Health Act 2010 and Public Health Regulation 2012 for clarity

Body Means the body of a dead person but does not include

the cremated remains of the person

Burial Includes putting the body in a vault

Cemetery Authority Means the person or body that directs the operations of a cemetery

Coroner Means a person who exercises or performs the functions of a coroner in accordance with the Coroners Act 2009

Dead person Includes a still-born child (see definition of Still birth)

Exhumation Means the removal of a dead personrsquos remains (not being cremated remains) from a grave or vault but does not include their removal from one vault for immediate transfer to another vault in the same cemetery or their temporary removal for the purposes of reburial in the same grave or vault

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 3 of 14

Funeral director Means a person (other than the operator of a mortuary transport service) who in the conduct of the personrsquos business engages for the purpose of burial cremation or transport in the collection transport storage preparation or embalming of bodies or engages in the conduct of exhumations

Prescribed infectious diseases

Means any one of the following diseases avian influenza in humans diphtheria plague respiratory anthrax smallpox severe acute respiratory syndrome tuberculosis and any viral haemorrhagic fever (including Lassa Marburg Ebola and Congo-Crimean fevers)

Proper person The Director General has the power to decide whether a person is a lsquoproper personrsquo to make an application to exhume the remains of a dead person

Nearest surviving relative

Means (a) In relation to a still-born child a parent or sibling at or above the age of 16 years of the child (b) In relation to a dead person who is not a still-born child ndash the spouse or de facto partner of the dead person immediately before death a parent of the dead person a child at or above the age of 16 years of the dead person or any relative of the dead person who was residing with the dead person when he or she died

Still-birth Consistent with the Births Deaths amp Marriages Act 1995 means the birth of a child that exhibits no sign of respiration or heartbeat or other sign of life after birth and that (a) Is of at least 20 weeksrsquo gestation (b) If it cannot be reliably established whether the period of gestation is more or less than 20 weeks has a body mass of at least 400 grams at birth

13 Legal and legislative framework

Public Health Regulation 2012

Division 4 of Part 8 of the Public Health Regulation 2012 provides specific regulation for the exhumation of bodies

Clause 69 Exhumation without approval prohibited

(1) A person must not exhume the remains of a body unless the exhumation of those remains has been

(a) Ordered by a coroner

(b) Approved by the Director-General

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 4 of 14

(2) However a funeral director may without a coronerrsquos order or Director-Generalrsquos approval transfer a coffin from a vault in a cemetery to a mortuary for the purpose of the coffin being immediately repaired and returned to the vault

(3) A funeral director must return the coffin to the cemetery within 24 hours of its transfer

Clause 70 Application to exhume remains

(1) An application for approval to exhume the remains of the body of a dead person may be made to the Director-General by

(a) An executor of the estate of the dead person

(b) The nearest surviving relative of the dead person

(c) If there is no such executor or relative available to make the application a person who in the opinion of the Director-General is a proper person in all the circumstances may make the application

(2) An application is to be made in the approved form and is to be accompanied by

(a) A certified copy of the death certificate relating to the dead person

(b) A statutory declaration as to the relationship of the applicant to the dead person and the dead personrsquos wishes if any regarding the disposal of his or her body (so far as any such wishes are known to the applicant)

(c) An application fee (please check with the PHU for the current fee)

(3) In this clause death certificate means a certificate given by a medical practitioner as to the cause of death or issued under the Births Deaths and Marriages Registration Act 1995

All applications to exhume remains must be made in writing using an approved form to the Director of the local Public Health Unit that acts on behalf of the Director-General of the NSW Ministry of Health The application fee may increase periodically in line with the Consumer Price Index

Clause 71 Approval to exhume remains

(1) The Director-General may

(a) Grant an approval to exhume the remains of a body subject to any conditions specified in the approval

(b) Refuse the application

(2) An approval granted under this clause remains valid for three months from the date of the approval or for a period agreed to by the Director-General

The PHU is not bound to approve the application The PHU may approve subject to conditions or refuse the application An approval is normally given for 3 calendar months and this date will be specified in a schedule of conditions attached to the approval document Any further extension of time may require re-application and re-approval An approval initially for longer than three calendar months should be negotiated with the PHU

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 5 of 14

Clause 72 Exhumation not to take place without authorised officer present

(1) A person must not proceed with an exhumation unless an authorised officer or a member of staff of the Ministry of Health is present at the exhumation

(2) A person must not proceed with an exhumation if the authorised officer or Ministry staff member who is present at the exhumation orders the exhumation to stop

The grave may be excavated to the lid of the coffin but nothing must be disturbed until the arrival of the authorised officer An authorised officer must be present at the exhumation to ensure that the correct interment is opened to ensure that all of the remains are exhumed and to enforce the protection of public health should this be necessary The authorised officer has the power to order that the exhumation be stopped immediately under adverse circumstances An example of where this may occur is where the weather is very poor with heavy rain The initial order to stop is to be given verbally and then confirmed in writing to all parties involved within 24 hours

Division 5 of Part 8 of the Public Health Regulation 2012 provides for cremation of deceased persons

Clause 78 No cremation without documentation

Clause 78 does not apply to a cremation of the body of a dead person that has been buried for at least 10 years if the cremation is carried out in accordance with an exemption granted by the Director-General following an application by

1) An executor of the estate of the dead person

2) The nearest surviving relative of the dead person

3) If there is no such executor or relative available to make the application a person who in the opinion of the Director-General is a proper person in all the circumstances to make the application

This is a new addition to the Exhumation section of the Regulation that may be used where a person makes a separate application to have the exhumed body cremated following the exhumation

Note The Director-Generalrsquos authority under Clause 78 (4) of the Public Health Regulation 2012 (Delegations Manual page 866 delegation (PH590)) is the power to decide whether a person is a ldquoproper personrdquo to make an application in the absence of an executor or surviving relative

Work Health and Safety Act 2011

The Work Health and Safety Act 2011 and Code of Practice for Excavation provisions apply to protect personnel involved in the exhumation procedure by creating and maintaining safe and healthy work practices Graves crypts and vaults could be considered to be confined spaces in some circumstances under health and safety legislation The Work Health and Safety Act 2011 makes reference to working in confined spaces

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 6 of 14

WHampS matters are enforced by WorkCover NSW More information on safe work practices is available at httpwwwworkcovernswgovaudefault or by contacting Workcover NSW direct on 13 10 50

Heritage Act 1977

The Heritage Act 1977 and Guidelines for the Management of Human Skeletal Remains under the Heritage Act 1977 applies to relic burials Any burial site over 50 years old is considered to be relic under the Heritage Act If the site is listed on the State Heritage Register then approval is required from the Heritage Council of NSW

An application must be made to the Heritage Office before any disturbance removal or work commences on the site Approval for an exhumation under the Public Health Regulation 2012 does not obviate the necessity to obtain approval under the Heritage Act 1977 For further information contact the Heritage Office of NSW or visit httpwwwheritagenswgovau

Coronerrsquos Act 2009

A coroner may order an exhumation for the purposes of forensic investigation or a criminal investigation Such an order is outside the ambit of the Public Health Regulation 2012 The Police may request that an authorised officer from the Ministry of Health or the local Public Health Unit be present at the coronial exhumation

Births Deaths and Marriages Registration Act 1995

Section 41(2) of the Births Deaths and Marriages Registration Act 1995 requires that if human remains (other than cremated remains) are removed from NSW the funeral director or other person who arranges for the removal of the remains from NSW must within 28 days of disposal of the remains outside NSW give the Registrar notice of the new location of interment The act is available at httpwwwaustliieduauaulegisnswconsol_actbdamra1995383 The Registry of Births Deaths and Marriages may be contacted via httpwwwbdmnswgovau

2 APPLICATION REQUIREMENTS

An application for permission to exhume the remains of a deceased person is to be made to the PHU on the approved form which is contained at the NSW Ministry of Health website at httpwwwhealthnswgovauenvironmentdotdDocumentsform-c70- application-to-exhumepdf

The application must be made by either

An executor of the estate of the deceased

The nearest surviving relative

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 7 of 14

If there is no such executor or relative available to make the application a person who in the opinion of the Director-General is a proper person in all the circumstances to make the application

The application must be accompanied by

A certified copy of the death certificate (death certificate issued by the Registry of Births Deaths and Marriages)

A statutory declaration that states

The relationship between the applicant and the deceased or the reason the applicant is the proper person to make the application

If the deceased left any instructions regarding the disposal of their bodyremains if known

In addition to the above an applicant should declare that he or she has consulted each nearest surviving relative and that they have no objection to the proposed exhumation

An application fee (please check with the PHU for the current fee)

Note If there is no agreement amongst nearest surviving relatives the applicant should seek independent legal advice regarding this issue The applicant should advise if there is an intention to cremate the body following the body being exhumed and the appropriate form completed

3 APPROVAL BY PUBLIC HEALTH UNITS

Approval by PHUs for an exhumation must be given by formal correspondence

31 Delegation

The Director-Generalrsquos authority under clauses 69(1) 70(1)(c) and 71 of the Public Health Regulation 2012 has been delegated to the Chief Health Officer Director Health Protection Public Health Officer or Public Health Unit Director as appointed under Section 121 of the Act (delegation PH308 PH309)

32 Special Considerations on Exhumation Approval

Special consideration should be given to the approval of an exhumation if the deceased was infected with a prescribed infectious disease For example if the deceased was infected with diphtheria or tuberculosis exhumation should not permitted in the first year of interment

Although not prohibited an exhumation of the remains of a body that was buried without a coffin will be approved only where the cemetery authority and funeral director have agreed to proceed with the exhumation especially during the first three years of interment

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 8 of 14

33 Conditions of Approval

After due consideration of the application and the statutory declaration(s) the PHU should then consider applying appropriate conditions to facilitate an approval

There are two standard sets of approval conditions which can be applied as appropriate

Appendix 2 ndash Schedule A - Conditions of Approval for Exhumation from a Grave

Appendix 3 ndash Schedule B - Conditions of Approval for Exhumation from an Above Ground Structure

Any other additional conditions that are deemed necessary to permit the exhumation may be added to schedule A or B based on the individual circumstances of the exhumation If some conditions are unwarranted they may be removed from the relevant schedule

34 Approval Instrument

An approval must be in writing and must be signed the Director General or their delegate A template to assist in the approval process can be found at Appendix 4 This template is to be completed by the Authorised Officer in order to facilitate approval by the delegate

35 Notification of Approval

The approval instrument is retained on file as a record that approval was granted by the Director General or their delegate Therefore it is necessary to advise the applicant the cemetery authority and the funeral director of the approval

The attached letter templates may be used for approval notification of the exhumation to the applicant funeral director and Cemetery Authority

Appendix 5 ndash Sample Letter to Applicant

Appendix 6 ndash Sample Letter to the Cemetery Authority and Funeral Director

36 Refusals

If after due consideration the application is to be refused then the applicant should be notified in writing specifying the reasons for refusal Ideally the applicant should consult the PHU in the first instance to discuss the requirements and possible restrictions on an application to exhume

37 Cremation of Remains

Division 5 of Part 8 of the Public Health Regulation 2012 sets out the requirements for documentation for cremations in NSW and includes the requirement for a cremation application form a cremation certificate and the cremation permit The documentation confirms the identity of the body to be cremated and the cause of death and ensures that a coronerrsquos investigation has been conducted where necessary

After the body is exhumed the next of kin may wish to have the body cremated However there may be cases whereby the body does not have the required paperwork necessary for cremation Clause 78 of the Public Health Regulation 2012 provides an exemption for

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 9 of 14

the required documentation for cremation where the body has been buried for longer than 10 years An application under this clause is to be accompanied by a fee

The Director General has the power to approve an exemption and the executor or the nearest surviving relative or another proper person may make application on form lsquoApplication for Exemption by the Director ndash General to the Requirement for Documentation for Cremation to Proceed Permission for Cremation of Exhumed Remains of a Body Buried more than 10 years ago with statutory declarationrsquo The minimum 10 year period will be strictly enforced and this matter should be clarified prior to any exhumation approval where it is planned for the remains to be subsequently cremated The application form is available at httpwwwhealthnswgovauenvironmentdotdDocumentsform-c78-application-for- exemptionpdf

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 10 of 14

APPENDIX 1

Schedule A

CONDITIONS OF APPROVAL FOR EXHUMATION FROM GRAVE

1 The exhumation is to be carried out in the presence of a Public Health Unitrsquos authorised

officer or other authorised officer of the NSW Ministry of Health or Local Council authorised Officer and person appointed by Cemetery Authority

2 At least 48 hoursrsquo notice of the exhumation arrangements shall be given to the Public Health Unit

3 Day and time of the exhumation shall be arranged by the participating parties and agreed

to by the Public Health Unit

4 The approval granted is valid for a period of three months and shall lapse on unless a further approval is granted

5 The presence of any relative of the deceased at the exhumation is strictly prohibited

6 No animals are to be permitted within the exhumation site

7 The cemetery authority and funeral director shall be responsible for the work health and safety of all persons involved in the exhumation and shall ensure that all NSW WorkCover requirements are complied with

8 If during the course of the exhumation it is determined necessary to stop the exhumation

by either the exhumation supervisor cemetery manager or authorised Officer for any valid reason eg work health and or public health risk then the exhumation must cease

9 The remains of the deceased shall be enclosed in a body bag and placed into a new coffin

with a name plate attached inscribed with the name of the deceased

10 The remains of the original coffin are to be placed in the new coffin where possible Where there is an excess of remains of the original coffin these remains should be disposed in a sanitary and agreed manner

11 Excavated soil should be back filled The soil that was removed from immediately above

and around the coffin should be replaced first

12 If the exhumed remains are to be transferred to another cemetery a funeral director shall be contracted to transfer the remains from the cemetery grounds or carry out preparatory work for the safe reinterment of the remains

13 The exhumation will not proceed during or following a period of heavy rainfall within the preceding 24 hours of the appointed time of exhumation The cemetery manager is to confirm that satisfactory conditions exist for the exhumation to proceed two hours prior to the commencement of the exhumation

14 Used disposable protective equipment and materials are to be placed in a sealed plastic

bag and disposed of in a sanitary manner

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 11 of 14

APPENDIX 2

Schedule B

CONDITIONS OF APPROVAL FOR EXHUMATION FROM ABOVE GROUND STRUCTURE

1 The exhumation is to be carried out in presence of a Public Health Unit authorised officer or other authorised officer of the NSW Ministry of Health or Local Council authorised Officer and person appointed by Cemetery Authority

2 At least 48 hoursrsquo notice of the exhumation arrangements shall be given to the Public Health Unit

3 Date and time of the exhumation shall be arranged by the participating parties and agreed to

by the Public Health Unit

4 An approval granted is valid for a period of three months and shall lapse on unless a further approval is granted

5 The cemetery authority and funeral director shall be responsible for the work health and safety of all persons involved in the exhumation and shall ensure that all NSW WorkCover requirements are complied with

6 If during the course of the exhumation it is determined necessary to stop the exhumation by

either the exhumation supervisor Cemetery Manager or authorised officer if for any valid reason eg worker health andor public health risks then the exhumation must cease

7 Used disposable protective equipment and materials are to be placed in a sealed plastic bag

and disposed in a sanitary manner

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 12 of 14

APPENDIX 3

LETTERHEAD

APPROVAL INSTRUMENT TEMPLATE

Public Health Unit Environmental Health Section

File Number [XXXXX]

PURPOSE To approve of the exhumation of the late

RECOMMENDATION

Approval is granted by the Director General pursuant to clause 71(1)(a) Public Health Regulation

2012 to [NAME OF APPLICANT] to exhume the remains of the late [NAME OF DECEASED]

KEY ISSUES

[DETAILS OF THE APPLICATION STATUTORY DECLARATION RELEVANT ISSUES

MANAGEMENT PLAN AND JUSTIFICATION OF SUGGESTED CONDITIONS ARE TO BE

INCLUDED HERE]

BACKGROUND (TO BE COMPLETED BY PHU)

CONSULTATION (TO BE COMPLETED BY PHU WHERE APPROPRIATE)

The approval be subject to compliance with the conditions specified in Schedule A Schedule B

and to expire on

Signature Authorised officer

Author Telephone Date

1 Authorised officer

2 Public Health Unit Director Public Health Officer [SIGN AND DATE]

Approved via delegation from the Director-General PH308 PH309 page 863 Public

Health Delegations Manual under clause 69(1) and 70(1) (C) Public Health Regulation

2012

3 Authorised officer

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 13 of 14

APPENDIX 4

LETTERHEAD

SAMPLE LETTER TO APPLICANT

[APPLICANTrsquoS NAME] [ADDRESS]

Dear [APPLICANTrsquoS NAME]

Reference is made to your application of [DATE] requesting approval to exhume the remains of

late [NAME OF DECEASED] from grave vault crypt No Section [NAME OF

PLACE OF INTERMENT OR CEMETERY] for the purpose of re-interment to [NAME OF PLACE

FOR RE-INTERMENT]

Approval has been granted by the Director-General pursuant to clause 71 (1) (a) Public Health

Regulation 2012 subject to compliance with the conditions specified in Schedule A Schedule B

attached

The funeral director and cemetery authority have been advised of the approval

Should you have any inquiries please contact the authorised officer [EHO] on [TELEPHONE] or (EMAIL ADDRESS)

Yours sincerely

[NAME] Public Health Unit DirectorPublic Health Officer

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 14 of 14

APPENDIX 5

LETTERHEAD

SAMPLE LETTER TO CEMETERY AUTHORITY AND FUNERAL DIRECTORS

[NAME] [ADDRESS]

[DATE]

Dear [NAME]

EXHUMATION OF THE REMAINS OF THE LATE [NAME OF DECEASED]

Approval has been granted for the exhumation of the late [NAME OF DECEASED] from grave

vault crypt No Section [NAME OF PLACE OF INTERMENT OR

CEMETERY] in accordance with clause 71(1) (a) of the Public Health Regulation 2012 and

subject to compliance with the conditions specified in Schedule A Schedule B attached

A copy of the approval letter is attached for your information

Should you have any inquiries please contact [Authorised Officer) on [TELEPHONE] or email address

Yours sincerely

[NAME] Public Health Unit DirectorPublic Health Officer

Unclassified

Sydney Metro Exhumation Procedure v40 (final)

Unclassified

Addendum 2

NSW Heath Permit Application form

copy Sydney Metro 2017 Page 23 of 24

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

APPLICATION TO EXHUME REMAINS PUBLIC HEALTH REGULATION 2012 Clause 70(2)

In accordance with the requirements of Clause 70 (2) of the Public Health Regulation 2012 I helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Full name of applicant)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby (Address)

apply for permission to exhume the remains of the late helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Name of deceased)

from Grave Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Section helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip being a single

interment within the helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCemetery for the purpose of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

I seek permission to exhume for the following reasons

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

The deceased (cross out which is not applicable)

was not known to be infected with a prescribed infectious disease as defined in clause 53 of the Public Health Regulation 2012 or

was known to be infected with a prescribed infectious disease as defined in clause 53 of the Public Health Regulation 2012

I am entitled to make this application because I am (tick one)

1 [ ] The executor of the estate of the deceased or

2 [ ] The nearest surviving relative of the deceased or

3 [ ] If there is no such executor or relative available to make the application another the proper person to make the application for the reasons set out below

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Full reasons for proper person to make application) Attached is

1 A certified copy of the death certificate of the deceased

2 A statutory declaration as to

My relationship to the deceased and

the wishes of the deceased regarding the disposal of the body (if known)

the reasons why the Director-General may consider me the proper person in all the circumstances to make the application (if applicable)

3 The application fee of $helliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicant)

The exhumation is to be supervised in strict accordance with the attached Plan of Management

by helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

employed with helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(Funeral DirectorCemetery)

in the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Form C70

Unclassified

copy Sydney Metro 2017 Unclassified Page 24 of 24

ExMP v30 (final)

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

bttp wwwshd nsw gay auQQpulat onhealthPubtic Healthhtml

NSW

Public Health Unit ll iI I

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 57 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 6 - Air Quality amp Dust Management Sub Plan Responsibility

Objectives amp Targets

Refer to the Site Objectives amp Targets (section 57 of this CEMP) Minimise gaseous and particulate pollutant emissions from construction activities as far as feasible and reasonable Identify and control potential dust and air pollutant sources

Project Manager

Performance Criteria

100 Compliance with Client amp legal requirements 100 achievement with Site Objectives amp targets 100 achievement of relevant Sydney Metro CEMF objectives

Project Manager

Mitigation Measures

General Site related dust identifiable fumes odours and vapours will not infringe beyond site boundaries where practical

Project Manager

Training and Competency

As part of the Site Induction workers will be informed of the Site specific controls required for air quality and dust management including - Correct use of PPE - Use of monitoring equipment - Methods to control dust

Project Manager

Greenhouse Gases

Regular maintenance of plant and equipment for optimum performance will be undertaken to keep emissions to a minimum and increase plant productivity

Vehicles and equipment must be fitted with appropriate emission control equipment and routinely maintained Plant should be switched off when not in use wherever practicable

All plant equipment and vehicles are to be regularly monitored and maintained and records kept of maintenance Engine tampering to increase power output is prohibited

Air emissions from plant vehicles and equipment should be visually monitored throughout construction

Comply with National Greenhouse Emission Reporting Scheme (NGERS) reporting requirements

Project Manager

Dark Smoke

All internal combustion engines will be regularly serviced to ensure optimum operation and minimise the volume of visible smoke emitted Any Plant or light vehicles emitting unreasonable smoke (concentrations higher than normal operation) will cease operation and be serviced by a trained and qualified technician

Materials on site will not be burned intentionally without consulting and obtaining the authorisation of the relevant Local Shire Fire Authority and Client The burning of any material on site should be a last option after alternative methods have been considered

All

Dust Monitoring

The following dust monitoring methods will be applied on the Site

Obtaining weather reports from the Bureau of Meteorology (BOM) website Visual inspection

Project Engineer

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 58 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 6 - Air Quality amp Dust Management Sub Plan Responsibility

Dust Control

Dust control methods to be applied on the site to keep dust generated within the site boundaries as reasonably practicable will be

- Wind fencing around the site or between the site and local residences - Application of waterdust suppressant via water carts - Hydro mulching to stabilise soils - Physical application of ground cover - Cessation of works in adverse weather conditions - Restricted speed limits on site - Reschedule dust generating activities to avoid adverse weather conditions - Communicate dust risk and mitigation measures to staff prior to commencing work

All

Fumes Odours and Vapours

The Site will endeavour to keep the generation of emission of unreasonable levels of fumes odours and vapours to a minimum Refer to the Waste Management Sub Plan and Hydrocarbon and Chemical Environmental Management Sub Plan which detail storage and handling controls that minimise fumes odours and vapours

All

Environmental Inspections amp Monitoring

Daily (Visual) and weekly (documented)

General observation for dust mitigation measures onsite Weekly inspections using Georgiou Beakon inspection form

All staff

Reporting HSEQ Monthly Management Meeting Monthly Environmental Performance Report

Project Manager

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 59 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 7- Noise Vibration and Light spill Management Sub Plan Responsibility

Objectives amp Targets

Refer to the Site Objectives amp Targets (section 57 of this CEMP) Minimise unreasonable noise and vibration impacts on residents and businesses Avoid structural damage to buildings or heritage items as a result of construction vibration Undertake active community consultation Reduce visual impact of construction to surrounding community Maintain positive cooperative relationships with schools childcare centres local residents and building owners

Project Manager

Performance Criteria

100 Compliance with Client amp legal requirements 100 achievement with Site Objectives amp targets 100 achievement of relevant Sydney Metro CEMF objectives

Project Manager

Mitigation Measures

Community

The nearest noise and vibration sensitive receivers will be notified of future works and expected levels of noise and vibration well in advance of the works occurring Notifications will be in accordance with the Community Communications Strategy

Information will be provided to the affected community before and during construction through media such as letterbox drops meetings or individual contact A website will also be established for the project to provide information

A toll-free 24hour project hotline will be provided for enquiries and complaints during the works

Sydney Metro and Georgiou Project Manager

Training and Competency

As part of the Site Induction workers will be informed of the site specific management required

for noise and vibration including

- Sensitive receivers - Hours of works - Correct use of plant and equipment - Monitoring requirements

Standard hours of construction

Approved standard hours of construction are Monday to Friday

7 am to 6 pm Saturday 8 am to 1 pm No work on Sundays or public holidays

Project Manager

Out of Hours works Any out of hourrsquos works will require a noise assessment and approval by Sydney Metro through the out of hourrsquos application (Appendix 7A)

Project Engineer Environmental Site Representative

Plant Equipment amp Vehicles

All operators of plant will comply with requirements of the Construction Traffic Management Plan in relation to parking and laydown access and egress to site haulage routes and general site traffic movements

Plant will be fitted with appropriate noise emissionvibration control equipment Plant will be fitted with adequate seat suspension

Plant Department

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 60 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 7- Noise Vibration and Light spill Management Sub Plan Responsibility

Plant should be switched off when not in use wherever practicable Tasks using equipment that causes vibration to hands will be rotated at intervals to reduce

exposure Consideration may be given to the use of anti-vibration PPE All plant equipment and vehicles are to be regularly monitored and maintained and records kept

of maintenance Any abnormalities in expected noise or vibration emissions will be recorded in the plantrsquos log

book and reported to the plant department Prioritise the use of hydraulic concrete shears jaw crushers coring and wire sawing in lieu of

rockbreakers for demolition of structures Use of smaller capacity rockbreakers or lower vibration generating rockbreakers Consider methods of isolating the vibration sensitive structure from the vibration intensive work

area by severing the vibration transmission path using non-vibration intensive means such a sawing

Lighting of construction areas (if required) would be orientated to minimise glare and light spill impacts on adjacent receivers

Monitoring

Continuous vibration monitoring will be undertaken whenever vibration generating plant will be working close to or within the recommended minimum working distances

When conducting vibration monitoring within or near the minimum working distances a warning system will be implemented including one or both of an audible andor visual warning alarm andor SMS andor email alerts to site staff

Attended noise monitoring will occur at the nearest noise sensitive receiver when - Requested by Sydney Metro - When noise levels are predicted to exceed the NML by more than 10dBA - When out of hours works continue past midnight - When noise complaints are received

Noise monitoring will determine if the predictions in the noise assessment were accurate

Project Engineer Environmental Site Representative

Environmental Inspections amp Monitoring

Daily (Visual) and weekly (documented)

General observation for noise and vibration mitigation measures onsite Weekly inspections using Georgiou Beakon inspection form

All staff

Reporting HSEQ Monthly Management Meeting Monthly Environmental Performance Report

Project Manager

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 61 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 7A ndash Sydney Metro Out of Hours Application form

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 1 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

Out of hours work application form

This form is to be used for formal review and approval of out of hours (OOH) work as it may affect Residential and non-residential receivers This form can be used in accordance with the SM-17-00005396 City amp Southwest out of hours work protocol Each OOH application and all applicable appendices must be submitted to Sydney Metro as one PDF file at least 15 business days prior to the commencement of the proposed OOH work

1 OOH Application

Sydney Metro Project

Eg City amp Southwest Greater West West etc

Contract

Contractor

Application Title

Eg lsquoSmith St service relocation worksrsquo

Application Number

Eg 1 2 3 etc

Application Date

Original submission date (resubmission date in parentheses if applicable)

Relevant Planning Approval

Environment Protection Licence (EPL)

If subject to an EPL state title and number

2 Proposed OOH Work Details

Description of works including

Work methodologies

List of plantequipment to be used (worst case scenario)

Location Map (andor Environmental Control Map) attached as Appendix 1 indicating location of works plantequipment locations and receivers (including distance to nearest receiver for noisiest plantequipment)

Traffic Management Plan andor Traffic Control Plan if applicable as Appendix 2

Timing of works

Including proposed datestimes works are planned to be undertaken outside standard hours

Worst-case number of consecutive occasions affecting the same receiver

Refer to Section 4 for definition of lsquooccasionrsquo

Justification

Demonstrate how the proposed OOH work has been scheduled in accordance with the OOH work period prioritisation list Program acceleration is generally not accepted as a justification

Unless specified otherwise in project-specific documentation the prioritisation of work time periods is as follows

Standard Hours 7am to 6pm weekdays and 8am to 1pm Saturdays (note that Standard Hours for works subject to the City amp Southwest Sydenham to Bankstown planning approval also include 1pm to 6pm Saturdays)

Daytime OOH 1pm to 6pm Saturdays and 8am to 6pm Sundays and Public Holidays

Evening OOH 6pm to 9pm every day

Night Time OOH 9pm to 7am weekday mornings and 9pm to 8am weekend and Public Holiday mornings

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 2 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

3 Assessed Noise and Vibration Impacts and Standard Mitigation Measures

Are the proposed works consistent with a prepared Construction Noise amp Vibration Impact Statement (CNVIS) (YN)

If lsquoNrsquo skip this section and move to Section 4

State the title of the CNVIS and attach the section(s) describing the noise and vibration impacts of the proposed works as Appendix 3

Quantitatively summarise the worst-case predicted noise and vibration impacts specific to the proposed OOH work for each OOH period on the nearest receivers and compare these against the respective management levels

For Night Time OOH Period works include a review of potential sleep disturbance impacts in accordance with Section 43 of the ICNG

Worst-case predicted noise impact summary

Worst-case predicted vibration impact summary

Potential sleep disturbance summary (for night time OOH periods only)

Using Table 4 and Table 5 indicate in Table 6

Which Additional Mitigation Measures (AMMs) are applicable for consideration

Which of those applicable for consideration are planned to be implemented

For AMMs that are applicable for consideration but not being implemented justify why the AMM is not being implemented

For AMMs that are being implemented provide details on how the AMM is being implemented (eg which receivers being offered respite alternative accommodation etc)

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 3 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

4 Non-Assessed Noise and Vibration Impacts

Skip this section if Section 3 has been completed in full

A quantitative noise assessment for OOH work is to be carried out in accordance with the Interim Construction Noise Guideline (DECC 2009) This section allows applicants to address these requirements through the following steps

1) Establishing Rating Background Levels (RBLs) and Noise Management Levels (NMLs)

2) Predicting the anticipated noise levels using a quantitative noise assessment

a Works that are not likely to generate high noise impacts for a significant duration may use a preliminary quantitative noise assessment (facilitated within this form) This ensures that all applications as a minimum include a preliminary quantitative noise assessment in accordance with the Interim Construction Noise Guideline (ICNG)

b Works that are likely to generate high noise impacts for a significant duration may require a detailed quantitative noise assessment (eg Construction Noise and Vibration Impact Statement) to be undertaken

c Works that are likely to generate ground-borne or structure-borne vibration andor noise require specialist advice and assessment

3) Comparing predicted noise levels against RBLsNMLs and applying standard mitigation measures as appropriate (ie implementing lsquoall feasible and reasonablersquo mitigation measures in accordance with the ICNG)

4) Considering additional mitigation measures when predicted noise levels exceed RBLsNMLs

The need for a detailed quantitative noise and vibration assessment will be considered by Sydney Metro the contractor and the Acoustic AdvisorEnvironmental Representative (if applicable) collectively when the predicted noise levels are anticipated to

Exceed an RBL at a residential receiver or an NML at a non-residential receiver by more than 10dBA AND

Affect the same receiver on 10 or more consecutive occasions An occasion is anytime works are carried out

o Between 6pm on a weekday and the start of standard hours the next day OR

o Between 1pm on a Saturday and 8am on a Sunday (or between 6pm on a Saturday and 8am on a Sunday for works subject to the Sydenham to Bankstown planning approval) OR

o Between 8am on a Sunday or public holiday and the start of standard hours the next day

A detailed quantitative noise and vibration assessment should generally include

Derivation of RBLs for residential receivers andor derivation of NMLs for non-residential receivers based on noise monitoring at representative locations and local sensitivities

Detailed noise predictions for daytime evening and night time OOH periods (as applicable) in accordance with Section 45 of the ICNG (including an outline of timing duration and predicted noise levels for each OOH period)

For Night Time OOH Period works a review of potential sleep disturbance impacts in accordance with Section 43 of the ICNG

Detailed predictions of vibration levels for sensitive receivers

Please complete the following Steps 1 to 4

Step 1

RBLsNMLs

If RBLs for residential receivers or NMLs for non-residential receivers have already been established (eg in an Environmental Impact Statement Review of Environmental Factors detailed quantitative noise assessment or Construction Noise and Vibration Impact Statement for other work activities) enter into Table 3 and attach the supporting evidence as Appendix 3

If no RBLsNMLs have been established use Table 1 to estimate and enter into Table 3

Step 2

Predicted Anticipated Noise Levels

If predicted anticipated noise levels have already been established (eg in an Environmental Impact Statement Review of Environmental Factors detailed quantitative noise assessment) enter the predicted anticipated noise levels into Table 3 and attach the supporting evidence as Appendix 3

If predicted anticipated noise levels have not already been established use Table 2 to estimate anticipated noise aspects for the noisiest plantequipment and enter into Table 3 In Table 3 use these values to calculate the anticipated predicted noise levels

Step 3

Exceedances and Mitigation Measures

Compare the anticipated predicted noise levels to the applicable RBLsNMLs calculate the exceedances and enter into Table 3 In Section 5 provide a description of the standard mitigation measures that are planned to be implemented in order to mitigate the noise impacts (and vibration impacts if relevant) as much as lsquofeasible and reasonablersquo in accordance with the ICNG

Step 4

Consideration of Additional Mitigation Measures

Use Table 4 and the exceedances in Table 3 to determine the applicable Additional Mitigation Measures for consideration Use

Table 6 to indicate which of these measures are applicable for consideration which will be implemented and provide justificationdetails accordingly

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 4 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

5 Standard Mitigation Measures

Outline the standard noise mitigation measures that will be implemented during the proposed OOH work

Ie Implementation of all lsquofeasible and reasonablersquo mitigation measures in accordance with the ICNG)

Outline the standard vibration mitigation measures that will be implemented during the proposed OOH work

Ie Implementation of all lsquofeasible and reasonablersquo mitigation measures in accordance with the ICNG)

Table 1 Noise RBLs and NMLs

Skip this section RBLs and NMLs have already been established in other documentation

Sensitive Receiver Category Estimated RBLs (dBA)

Residential Daytime OOH Evening OOH Night Time OOH

Urban (eg city hubs near busy roads near industrial activity) 55 50 45

Suburban 45 40 35

Quiet rural or isolated 40 35 30

Non-Residential ICNG NMLs (dBA)

Industrial facilities 75 (only applicable when in use)

Offices or retail 70 (only applicable when in use)

Health and educational facilities 55 (only applicable when in use)

Table 2 Predicted Noise Level Aspects

Skip this section if predicted noise levels have already been established in other documentation

Noise Aspect Select the most applicable value for each noise aspect below and enter into Table 3 dBA

1 PlantEquipment Noise Level at 10m

Including non-continuous use reduction (-5dBA) and annoying activity penalty (+5dBA) for as per ICNG (refer to ICNG Appendix B for predicted noise level data)

Underline indicates vibratory generating plantequipment

Impact sheet piling rig 100

Hand-held tamper excavator with hammer rock-breaker drivenvibratory piling concrete saw diamond saw air track drill large dozer hand-held rail grinder

95

Jackhammer rock crusher angle grinder pneumatic hammer medium dozer tracked loader impact wrench

90

Mainline tamper ballast regulator dynamic track stabiliser vibratory roller mainline rail grinder ballast train (pourfill ballast) chainsaw tub grinderlarge mulcher scraper grader super-suckervacuum truck large backhoewheeled front-end loader bored piling pavement profiler fixed crane tracked excavator

85

Small bulldozer small excavator tower crane truck-mounted crane forklift bobcat skid-steer front-end loader road trucktruck and dog dump truck concrete truckpumpmixer compressor non-vibratorylarge pad foot roller whacker packercompactor water cart pavement laying machine asphalt truck and sprayer line marking truck standard penetration testing welder pin puller

80

Concrete vibrator cherry-picker scissor liftelevated work platformFranna crane small backhoe front end loader fence post driver electric drill rig hand held rattle gun generator (dieselpetrol) spreader

75

Lighting tower medium-rigid trucksemi-trailer welding equipment small front end loader 70

Light vehicle hand-tools (no impact) small cement mixer attenuated generator (inside housing)

65

2 Multiple Plant More than one of the noisiest plant being used simultaneously at roughly the same location +5

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 5 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

3 Local Screening

Existing screening between site and receiver (buildings cuttings canopies etc) - 5

Temporary screening to be implemented near work site - 10

Acoustic shed or enclosure - 25

4 Distance Attenuation

lt 10 metres 0

10 to 20 metres - 5

20 to 35 metres - 10

35 to 60 metres - 15

60 to 100 metres - 20

100 to 180 metres - 25

180 to 350 metres - 30

350 to 1000 metres - 40

Table 3 Predicted Noise Levels and Exceedances of RBLs andor NMLs (dBA)

Skip this section if Section 3 has been completed in full

Period

(only complete as applicable for each period)

Noisiest PlantEquipm

ent

(state the noisiest

plantequipment to be used during each applicable

OOH period)

Receiver Type

(state lsquoResrsquo or lsquoNon-Resrsquo as applicable for

closest receiver to noisiest

plantequipment)

Enter the most applicable values from Table 2 then add to determine

the Predicted Noise Level

Pre

dic

ted

No

ise L

evel

(1 +

2 +

3 +

4)

RB

L (

for

Res)

NM

L (

for

Non-R

es)

Exceedance

(Predicted Noise Level minus RBL for Res or NML for

Non-Res) 1

Pla

nt

Eq

uip

me

nt

No

ise L

evel

2

Mu

ltip

le

Pla

nt

Eq

uip

me

nt

3

Lo

cal

Scre

en

ing

4

Dis

tan

ce

Att

en

ua

tio

n

Daytime OOH

Evening OOH

Night Time OOH

Refer to OOH period timings under Section 2 of this form

Table 4 Additional Mitigation Measures (AMM) requiring Consideration for Implementation

OOH Period

AMMs that must be considered for implementation

(apply the exceedances from Table 3 to the two OOH period categories below as applicable)

lt= 10 dBA Exceedance

10 to lt= 20 dBA Exceedance

20 to lt= 30 dBA Exceedance

gt 30 dBA Exceedance

Daytime OOH Period ndash LB M LB M IB LB PC RO SN

Evening and Night Time OOH Periods

ndash M LB M IB LB PC SN RO M IB LB PC SN RO AA

AA is only applicable to Night Time OOH periods

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 6 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

Table 5 List of Additional Mitigation Measures (AMM)

AMM Abbrev

AMM AMM Descriptions and Guidance

LB

Letterbox-drop

(generic to the project)

A newsletter is generally produced and distributed to the local community via letterbox-drop and the project mailing list These newsletters provide an overview of current and upcoming works across the project and other topics of interest The objective is to engage inform and provide project-specific messages The geographic extent of letterbox-drops is generally centred on the immediate surrounding community within 200 metres from the works site

For works that are subject to the Sydenham to Bankstown planning approval these will include an indicative schedule of likely OOH work for at least the upcoming two month period

M Monitoring

Where it has been identified that specific construction activities are likely to exceed the relevant Rating Background Levels (RBL) andor Noise Management Levels (NMLs) monitoring may be conducted at the affected receiver(s) or a nominated representative location (typically the nearest receiver where more than one receiver have been identified) Monitoring can be in the form of either unattended logging or operator attended surveys The purpose of monitoring is to inform the relevant personnel when the RBLNML has been exceeded so that additional management measures may be implemented

IB Individual Briefings

Individual briefings are used to inform stakeholders about the impacts of high noise activities and mitigation measures that will be implemented Communications representatives would visit identified stakeholders at least 48 hours ahead of potentially disturbing construction activities Individual briefings provide affected stakeholders with personalised contact and tailored advice with the opportunity to comment on the project

PC Phone calls

(andor emails)

Phone calls andor emails (with specific notifications attached) detailing relevant information would be made to identifiedaffected stakeholders within seven days of proposed work The objective of the phone calls andor emails is to support letterbox-drop and specific notifications Phone calls andor emails provide affected stakeholders with personalised contact and tailored advice with the opportunity to provide comments on the proposed work and specific needs

SN

Specific Notifications

(specific to the OOH work)

Specific notifications are letterbox-dropped to identified stakeholders no later than 7 days prior to out of hour construction activities commencing that are likely to exceed the RBLsNMLs Specific notifications may be produced by Sydney Trains or by Sydney Metro (or on behalf of Sydney Metro by a contractor as approved by Sydney Metro)

- Sydney Trains specific notifications cover all works being undertaken by various parties (including Sydney Metro) during designated rail possession periods These specific notifications are delivered 14 days prior to works commencing and are delivered to all properties located within 250m of the proposed works

- Sydney Metro specific notifications focus on proposed Sydney Metro works being undertaken outside of designated rail possession periods and are only produced in the absence of any Sydney Trains notifications covering the proposed works These notifications are delivered 7 days prior to works commencing and are delivered to all properties located within 100m of day works and within 200m of night works

All notifications are emailed to all registered stakeholders on site-specific email distribution lists

For works that are subject to the Sydenham to Bankstown planning approval these will include indicative information on the type of OOH work location duration expected noise characteristics expected noise level and likely mitigation and management measures

RO Respite Offer

The purpose of a project specific respite offer is to provide residents subjected to lengthy periods of noise andor vibration impacts respite during OOH periods Respite offers are offers made to affected receivers to provide a period of either no or limited noise impacts This can be in the form of stopping or limiting works onsite or offering affected receivers dinnermovie vouchers The first priority is to implement a period of no or limited noise impacts If this cannot be achieved dinnermovie vouchers may be offered on a case-by-case basis

AA Alternative

Accommodation (residential only)

Alternative accommodation options may be provided for residents living in close proximity to construction works that are likely to incur unreasonably high impacts during night time OOH periods Alternative accommodation will be considered on a case-by-case basis

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 7 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

Table 6 Consideration of Additional Mitigation Measures (AMM)

Additional Mitigation Measures

Applicable for Consideration

YN

(refer to Table 4)

To be Implemented

YN

JustificationDetails

For AMMs that are applicable for consideration but not being implemented justify why the AMM is not being implemented

For AMMs that are being implemented provide details on how the AMM is being implemented (eg which receivers being offered RO AA etc)

LB

M

IB

PC

SN

RO

AA

For OOH work that is subject to the Sydenham to Bankstown approval and RO is required for consideration include in the lsquoJustificationCommentsrsquo column how community consultation influenced the decision to implement or not implement RO in accordance with Condition E23 If RO is being implemented include how community consultation influenced the manner in which RO is being implemented

6 Consideration Against Relevant Vibration Criteria

Using Table 2 indicate whether any vibratory plantequipment is planned to be used for the proposed works (YN)

If lsquoNrsquo skip this section and move to Section 7

lsquoPeoplersquo Criterion

Are the proposed works anticipated to have any perceptible sleep disturbance impacts (YN)

lsquoStructuresrsquo Criterion

Are the proposed works anticipated to generate greater than 75mms vibration impacts on surrounding structures (generally within 25 metres of works) (YN)

lsquoSensitive Equipmentrsquo Criterion

Are the proposed works anticipated to impact sensitive equipment located in surrounding non-residential receivers (YN)

If lsquoYrsquo is answered to ANY of the above criteria AND the impacts affect the same receiver for more than one consecutive occasion (refer to Section 4 for lsquooccasionrsquo definition) the need to prepare a detailed quantitative assessment will be considered collectively by Sydney Metro the contractor and the Acoustic AdvisorEnvironmental Representative (if applicable)

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 8 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

7 City amp Southwest Construction Noise amp Vibration Strategy Addendum Mitigation Measures

If the proposed OOH work is part of the City amp Southwest project identify any mitigation measures to be implemented that have arisen from the City amp Southwest Construction Noise amp Vibration Strategy Addendum

8 Cumulative Impacts

Document the relevant details of any other OOH work (Sydney Metro or otherwise) that will impact the same receivers as those being impacted by these proposed works either concurrently or within 3 days of the start or end of these proposed works

If other works have been identified in the row above how have the proposed works been coordinated to ensure appropriate respite is provided

9 Community Consultation

What community consultation has been undertaken already

What community consultation is planned to be undertaken

If drafted already attach applicable Community Notification as Appendix 4

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 9 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

10 Contractorrsquos Signature

Contractorrsquos Identification of Risk Level

If subject to the Chatswood to Sydenham (C2S) or Sydenham to Bankstown (S2B) planning approval and not subject to an EPL provide Contractorrsquos Identification of Risk Level (refer to the City amp Southwest OOH Works StrategyProtocol for guidance)

Circle LOW or HIGH

Contractorrsquos Signature

Name

Title

Contact Number

Date

11 Contractorrsquos Contact Details

Contractor Personnel Name Mobile

Manager Environment

Manager Communications

Contractorrsquos Representative

Contractorrsquos 24hr contact person

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 10 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

C2SS2B Planning Approval Determination Page

Step 1 ndash Endorsement from Sydney Metro Director Public

Communications or Contractorrsquos Communications Manager

Step 2 ndash Risk IdentificationEndorsement from the AA under the C2S Planning Approval or from the

ER under the S2B Planning Approval

Step 3 ndash If works are under Sydney Trains EPL approval from Sydney Metro Director of Planning Environment and Sustainability

If works are not under an EPL approval from either the ER or the Secretary of the NSW Department of Planning amp Environment

Risk Level NA

If not subject to an EPL circle Risk Level as LOW or HIGH

If works are HIGH Risk Level and after 9pm Sydney Metro submits application to the Secretary of the

NSW Department of Planning amp Environment for approval

NA

Signature

Approved Road Occupancy LicenceRoad Opening Permit (if applicable) must be sighted prior to endorsement

Name

Role

Date

Comments

(including AAER Risk Level comments if applicable)

Conditions

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 11 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

Generic Determination Page (ie not subject to C2S or S2B planning approvals)

Step 1 ndash Sydney Metro Director of

Project Communications

Step 2 ndash Acoustic Advisor

(may be optional depending on planning approval or contract requirements)

Step 3 ndash Environmental Representative

(may be optional depending on planning approval or contract requirements)

Step 4 ndashSydney Metro Director of Planning Environment amp Sustainability

(only required if not approved already)

Action Endorsement Circle Endorsement or Approval Circle Endorsement or Approval Approval

Signature

Approved Road Occupancy LicenceRoad Opening Permit (if applicable) must be sighted prior to endorsement

Name

Date

Comments

Conditions

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 12 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

Appendix 1 Location Map (andor Environmental Control Map)

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 13 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

Appendix 2 Traffic Management Plan andor Traffic Control Plan

(if applicable)

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 14 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

Appendix 3 Supporting Evidence for Noise amp Vibration Impacts (eg Construction Noise amp Vibration Impact Statement noise assessment etc)

(if applicable)

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 15 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

Appendix 4 Community Notification

(if applicable and already drafted)

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 62 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 8 ndash Contaminated Land Management Sub Plan Responsibility

Objectives amp Targets

Refer to the Site Objectives amp Targets (section 57 of this CEMP) Any site contamination will be effectively managed to limit the potential risk to human health and the environment Spoil will be managed to avoid contamination of land or water Prioritise reuse of contaminated spoil into the project rather than offsite reuse or disposal

Project Manager

Performance Criteria

100 Compliance with Client amp legal requirements 100 achievement with Site Objectives amp targets 100 achievement of relevant Sydney Metro CEMF objectives

Project Manager

Planning and assessment

Planning

The Golders Douglas Partners contamination assessment report (June 2020) considered investigation results and data from previous relevant Sydney Metro West (SMW) investigations in the general area The physical characteristics of the soil on site as determined by the above report is described as ldquofill material described as containing evidence of anthropogenic materials including ash gravels terracotta tile fragments bricks and glass In addition to this sandstone bedrock was regularly encounteredsuspected to be present (eg drilling method refusal) during the pavement investigation This evidence implies that there is a wide variety of soil types and materials across the Site associated with natural and historical anthropogenic related activities The findings included elevated concentrations of heavy metals (copper nickel zinc) encountered at one location on the Site and several within close proximity to the Site However the exceedances were considered to pose a low risk to ecological receptors given that the majority of the Site is covered in asphalt hardstand with very low potential for exposure to subsurface soils Elevated concentrations of BaP were encountered in several boreholes within close proximity to the Site Once again the risks to ecological receptors from these were considered low due to the presence of asphalt hardstand at the Site Asbestos was identified at one borehole SMW_BH415 at a depth of 05 m The laboratory reported that chrysotile was detected below the reporting limit of 01 gkg The report considered due to the location access nature of the ACM (bonded) that there is a low risk of exposure to potential receptors Should the soil not be able to be reused on site further sampling assessment and waste classification must occur for any soil that is to be disposed offsite in accordance with the Sydney Metro Waste Classification Procedure (Appendix 1A)

Project Manager HampS Manager

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 63 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 8 ndash Contaminated Land Management Sub Plan Responsibility

Unexpected finds of contamination onsite

In the event that contamination is identified on site Appendix 8A will be followed for soil contamination excluding Asbestos material For unexpected Asbestos Finds Appendix 8B will be followed

Supervisors All workers

Assessment

If any potential contamination is discovered during construction the soil will be excavated and transported to the stockpile area for assessment which may include sampling by a suitably qualified environmental consultant

The assessment must consider whether the material is suitable to return to site for reuse with consideration to the final land use and pathways and receptors for the contaminants

Laboratory testing associated with the assessment will be prioritised to 24 hour turnaround to mitigate any delay where required

The assessment detailing the type extent and management options for the contaminated soil must be provided to Sydney Metro before proceeding to either reuse or dispose of material

For unexpected Asbestos finds the controls listed in the section below must be followed before any excavation and transport to stockpile or offsite

Project Manager Supervisor Environmental scientist

Asbestos management measures

Access Restrictions

Signs and barriers will be erected to warn of the danger and to prevent unauthorised people entering areas where asbestos contaminated fill material is being excavated handled

The location and extent of any access control areas will be agreed in discussion between the Project Manager Project Engineer HSE Advisor and the Environmental Coordinator and will be established in accordance with NOHSC2002 (2005) Code of Practice for the Safe Removal of Asbestos (2nd Ed) guidelines

Potential entry points to the asbestos work area should be signposted or labelled in accordance with AS 1319 (1994) Safety Signs for the Occupational Environment and NOHSC 2002 (2005b)

Earthworks Engineers Licenced removal contractor Supervisors

Asbestos Removal

For unexpected Asbestos finds the Certified Occupational Hygienist will conduct a risk assessment to demine Air monitoring requirements and any other PPE and management controls prior to removal (see air monitoring section)

All removal procedures for asbestos should be undertaken under the supervision of an appropriately licensed contractor which is either ASA or ASB depending on the material being removed The removal of material shall be monitored by a relevantly trained supervisor in accordance with the Code of Practice for the Safe Removal of Asbestos [NOHSC 2002 (2011)]

You must be licensed to remove asbestos except if removing 10 square metres or less of non-friable asbestos

Engineers Certified Occupational Hygienist Licenced removal contractor

Workcover notification Permit to Work

A permit to work authority will need to be issued to and signed by the contractor Workers engaged in the removal of asbestos on site will not be issued with a permit to work unless

Engineers Licenced removal contractor

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 64 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 8 ndash Contaminated Land Management Sub Plan Responsibility

they are employed by a company holding a removal licence issued by WorkCover NSW appropriate for the type of asbestos materials concerned

Workcover must be notified at least five days prior to commencement of asbestos removal work

Safe Work Method Statement and Asbestos Removal Plan

All notification and permit applications for removal of asbestos in soils must be accompanied by a site risk assessment (Asbestos Removal Plan) carried out by a competent or licensed person who determines If the asbestos is bonded or friable The extent of contamination A safe work procedure for the remediation of the site

Engineers Licenced removal contractor

Dust Control

In order to remove the asbestos safely we shall be using the ldquowet methodrdquo to carry out these works The wet method includes continuously keeping the soil with asbestos fragments watered so as to eliminate the asbestos dustfibres becoming airborne An exclusion zone of 10m (or whatrsquos appropriate ndash depending on limitations) will be isolated from the rest of the site using fencing or bunting Any personnel that do not have the correct PPE or relevant training will not be allowed in this area

Supervisors Earthworks Engineers

Clearance

Following the excavation and removal of asbestos contaminated material a licenced asbestos assessor will conduct inspections and sampling (where required) in the excavation to confirm that no asbestos remains A clearance report will be issued and works can recommence in the area

Licenced Asbestos Assessor

All potential contaminated finds

Training

A toolbox must occur for all worker for unexpected contamination finds procedure They will also be informed of the Site specific controls required for management of contamination in soil Site access restrictions Correct use of PPE Decontamination procedures Use of monitoring equipment Waste handling procedures Dust control measures and performance measures

all workers

Stockpile Contingency Measures

The following contingency measures will be put in place should stockpiling of potential contaminated soils be required All potential contaminated stockpiles will be separated by lot numbers and sign posted to

avoid any cross contamination Any temporary stockpiles of asbestos contaminated soil will be maintained under moist

conditions and remain covered at all times Sediment controls will be installed downslope of all contaminated soil stockpiles In order to confirm that all contaminated soil has been removed an Environmental

Consultant (ADE) will conduct a visual inspection or sampling of the material below the

Supervisors Earthworks Engineers

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 65 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 8 ndash Contaminated Land Management Sub Plan Responsibility

stockpile and provide a clearance certificate or the like as legislated The Environmental Consultant will advise of the validation criteria dependant on the contamination of the soil

Material tracking for contaminated finds assessed as suitable for onsite reuse

Where suspected contaminated material is identified the material will be tracked from the area in which the material was identified to its location in stockpile (lot number)

For all material assessed as suitable for reuse onsite the material will be tracked from its stockpile location to final destination for reuse onsite Survey will determine the m3 and the location of the final destination

All materials movements associated with unexpected contamination finds will be recorded on the materials tracking register

Supervisors Earthworks Engineers

Waste classification for materials assessed unsuitable for onsite reuse

Waste classifications are required for any excavated soil or fill material which is to be disposed off-site Soil or fill material to be taken off-site for disposal shall be assessed in accordance with the waste classification guidelines (NSW EPA 2014) Materials excavated from the site should be tracked from lsquocradle to graversquo in order to provide detailed and accurate information about the location and quantity of all materials from the time of their excavation until their disposal For any truck or bin leaving the site the following information would be recorded origin of material material type waste classification report approximate volume truck andor bin registration number Receiving licenced facility For all soils known or having the potential to contain asbestos the following applies The POEO Act defines lsquoasbestos wastersquo as any waste that contains asbestos including

fragments or fibres It is understood that as a result the NSW EPA considers asbestos contaminated soil to be an asbestos waste In addition the Protection of the Environment Operations (Waste) Regulation 2014 provides certain requirements for the transportation of asbestos It is understood that the NSW EPA requires any management of soil containing asbestos waste on or off the site to be at least equal to controls set out by the Regulation

All asbestos contaminated soil or fill leaving site will be transported in a leak proof covered vehicle and disposed of at a licensed facility in accordance with waste classification guidelines (NSW EPA 2014)

Earthworks Engineers Licenced removal contractor ESR

Environmental Monitoring amp records

Air Monitoring

If asbestos removal work that requires a Class A licence that means it is friable then you must get the licensed asbestos assessor occupational Hygienist to undertake air monitoring of the asbestos removal area Monitoring for airborne asbestos in accordance with the Guidance Note on the Membrane Filter Method for Estimating Airborne Asbestos Fibres

Earthworks Engineers Licenced removal contractor Hygienist

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 66 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 8 ndash Contaminated Land Management Sub Plan Responsibility

[NOHSC 3003(2005)] the analysis should be carried out by a NATA accredited laboratory during the removal operations Refer to Clause 50 and 51 for the WorkCover 2011 Safety Regulation for requirements

For other contaminated soil the occupational hygienist may determine that the risks associated with their disturbance and handling requires air monitoring

Record Keeping

The records associated with management of contaminated land that should be kept include Material tracking register including lots volume and type Asbestos Removal Plan (ARP) Asbestos Register Airborne Monitoring Reports Calibration certificates for air monitors Clearance Inspection Reports or Certificates Waste classification reports Laboratory sampling results Landfill disposal dockets

Earthworks Engineers ESR HampS Manager

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 67 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 8A ndash Unexpected Contamination finds procedure

1 Introduction

The following unexpected contaminated finds procedure will be adopted in the event that potential contamination

is discovered during construction Implementation of this procedure will ensure that contamination is managed in

such a way as to avoid harm to the environment workers community and comply with relevant legislation

2 Identification of Contamination

An unexpected find of contamination is likely to comprise of any soil characteristic which is not a typical soil

material identified in previous contamination assessment reports The Golders Douglas Partners contamination

assessment report (June 2020) section 102 makes note of indicators of contamination as

Significant staining

Odours from Soils

Oily sheen on water leaving soils

Anthropogenic waste materials other than those identified in the report (ie Ash Gravels Terracotta Tile

Bricks and Glass)

Where the soil characteristics are consistent with the reports and the above indicators are not present then no

further assessment is required for onsite reuse

Examples of these indicators are shown below

Photo 1 - Significant Staining or odorous soils

Discoloured soil (soil with non-natural colouring) Pungent smelling soils - petroleum compost

putrefied sulphurous septic sweet aromatic odours

Photo 2 ndash Oily Sheen on water

Rainbow sheen on water surfaces in soil

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 68 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Photo 3 ndash Buried wastes

Buried oil drums chemical container

Photo 3 ndash Buried wastes

Buried demolition wastes (eg concrete tiles bricks asphalt timber metal

3 Potential risk areas of unexpected finds

The higher risk activities for encountering unexpected finds during construction activities are considered to be

excavation works that extend below road pavement layers and into general fill

Higher risk areas for encountering unexpected finds construction are considered to be

Areas of excavation that extend through general fill layers and into natural soils eg Stormwater trench

locations

Locations of excavation near previous Boreholes with identified contamination (see map below)

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 69 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

4 Unexpected finds flow chart

If potentially contaminated soils are encountered the following steps must be followed

During excavationif visual indications of contamination are present such as significant stained soils

odorous soils sheen tarry or ashy material or unexpected anthropogenic material (other than what is

expected to be encountered on site) then

STOP EXCAVATION in the immediate affected area

Notify the Supervisor Environmental Site Rep and Client

Environmental consultant to conduct assessment on material to determine suitability for reuse onsite This

step may require sampling and lab analysis ndash undertake with quick 24hr turnaround

Suitable for onsite reuse

Provide client the results of assessment before proceeding to the next step

Appropriate geotechnical assessment

confirms the material is suitable for

proposed final land use

Yes

Maintain tracking register for the

soil from cradle to grave include

test results surveyed volume and

final destination

No Yes

Sample test and classify in

accordance with Appendix

1A ndash Sydney Metro Waste

Classification procedure

Contact environmental consultant and hygienist and provide details of the find Depending on the nature and type

of the find they may be required to attend site before any further excavation disturbance

Excavate the material to the extent of the potential contamination in 200mm thick layers and in 500mm

horizontal increments (Do not exceed design excavation extents) and move to stockpile area (Where it will be

allocated a lot number and signposted to avoid any cross contamination) For Asbestos follow specific

requirements in the unexpected Asbestos Finds Procedure Cover the stockpile and install controls around the

stockpile

Offsite disposal at licenced

landfill facility Maintain all

waste tracking and disposal

records

No

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 70 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

5 Materials Tracking

A Material tracking Register will be used to ensure information is collected for unexpected finds materials

identification and traceability This register records all unexpected finds materials The material is carefully

inspected ensuring the following information is recorded

Source identification

Contamination assessment results

Waste classification report ndash if unsuitable for onsite reuse

Volume of material (survey)

Destination identification (survey)

This register will track the movement of soils between excavation and final deposition this includes stockpiling

testing and suitability classification will be recorded

In addition to this register a stockpile location map will be used to show the location and type of soil stored onsite

at the stockpile area The material class and stockpile number on the map will correspond with the information in

the register

6 Stockpile Management

The following contingency measures will be put in place should stockpiling of suspected contaminated soils be

required

All suspected contaminated stockpiles will be separated by lot numbers and sign posted to avoid any cross

contamination

Sediment controls will be installed downslope of all suspected contaminated soil stockpiles

7 Training

All site personnel (including sub-contractors) will undertake an induction to ensure that they understand the

potential contamination onsite as detailed in previous contamination assessment reports and this unexpected finds

procedure

A specific unexpected contamination finds toolbox will be conducted with all workers involved with excavation

works

Prior to commencement of each shift the Supervisor will inform all site personnel of any works involving

contaminated materials on site

8 Review

This Plan will be reviewed in the following circumstances

Following a site inspection or work review that highlights an unexpected risk associated with the

implementation of this procedure

Following a change in legislation

Following a change in construction methods

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Appendix 8B ndash Unexpected Asbestos finds procedure

1 Introduction

The following Asbestos Management procedure will be adopted in the event that potential asbestos containing

material (ACM) or actual asbestos is uncovered during construction Implementation of this procedure will ensure

that asbestos is managed in such a way as to avoid harm to site personnel visitors and the community

2 Areas of known asbestos contamination

No asbestos was identified with the footprint of the proposed road construction works However there was one

Borehole (BH 415) from previous contamination assessments adjacent to the boundary that identified asbestos at

05m bgs The laboratory result was chrysotile detected below the reporting limit of 01 gkg (see location on map

below)

3 Identification of Asbestos

Asbestos has been used in the manufacturing of various products and these products can be found in either friable

or non-friable form All products are also known as asbestos-containing material Friable asbestos products are

generally quite loose and when dry can be crumbled into fine material or dust with light pressure such as

crushing with your hand

Non-friable asbestos products are made from a bonding compound (such as cement) mixed with a small proportion

(usually less than 15) of asbestos Non-friable asbestos products are solid rigid and non-friable and cannot be

crumbled pulverised or reduced to powder by hand pressure The asbestos fibres are tightly bound in the product

and are not normally released into the air When theyre in good condition non-friable asbestos products do not

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normally release any asbestos fibres into the air They are considered a very low risk for people who are in contact

with them as long as appropriate safety precautions are used when they are disturbed Non-friable asbestos

products that have been damaged or badly weathered may also become friable for example crushed asbestos

cement sheeting Examples of non-friable and friable asbestos are shown below

Photo 1 ndash example of non-friable asbestos in soil This is Asbestos cement sheeting that although broken it is solid rigid and cannot be crumbled or pulverised by hand pressure

Photo 2 ndash example of friable asbestos ndash this was a section of Asbestos cement sheeting that is weathered and crumbles under hand pressure

Photo 3 ndash example of non - friable asbestos ndash Asbestos cement water pipe in good condition

Photo 4 ndash example of friable asbestos ndash water pipe wrapped with friable woven ACM textile

4 Unexpected Asbestos ACM finds flow chart

In the event that a person on site identifies or disturbs asbestos ACM the unexpected asbestos management

procedure during Construction is summarised below

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Discovery of suspected asbestos containing materials

STOP EXCAVATION in the immediate affected area Demarcate and isolate area from workers

Notify the Supervisor

Suitable for onsite reuse

Provide client the results of assessment before proceeding to the next

step

Appropriate geotechnical assessment

confirms the material is suitable for

proposed final land use

Yes

Maintain tracking register for the

soil from cradle to grave include

test results surveyed volume and

final destination

No

Sample test and classify

in accordance with

Appendix 1A ndash Sydney

Metro Waste Classification

procedure

Yes

Friable Non Friable

Proceed with Licenced

Asbestos removal work in

accordance with section 6 -

11 Remove to stockpile for

reuse assessment by

Environmental Consultant

No

Greater than

10m2 of non-

friable asbestos

contamination

Less than 10m2 of

non-friable

asbestos

contamination

Proceed with non-

licenced asbestos

removal and

disposal in

accordance with

section 5

Trained and competent person to identify the asbestos

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5 Non Licence Asbestos removal work

Where small fragments of ACM or suspected ACM are found and provided that

the total number of fragments is lt 20 or

the total surface area of the fragmentpiece is lt 1 m2 or

the fragments are spread over an area of lt 10 m2 and

the fragments are non-friable

If the unexpected find meets the criteria above a trained and competent person will collect any fragments and

place it in a 200 mm polythene bag for later disposal at an appropriate waste facility A detailed visual inspection

of the area will be carried out by the Environmental consultant which will involve wet raking of the areas to a

depth of 10 cm for any further fragments If no further fragments are identified works can continue

If during the visual inspection the Environmental consultant determines that the criteria described above are

exceeded or if suspected asbestos ACM continues to be identified during excavation works andor if it is thought

that any uncovered material might be considered asbestos containing and friable works will cease and the

Environmental consultant will assess the situation and determine an appropriate course of action

6 Licenced Asbestos removal work

A licensed asbestos removalist will be required for removal works where there is friable asbestos or the

contaminated area is greater than 10 m2 There are two types of asbestos removal licences Class A and Class B

The type of licence required depends on the type and quantity of asbestos or ACM to be removed as outlined

below

Licence type What asbestos can be removed

Class A Can remove any amount or quantity of asbestos or ACM including any amount of friable asbestos or ACM any amount of asbestos-contaminated dust or debris (ACD) Any amount of non-friable asbestos or ACM

Class B Can remove

any amount of non-friable asbestos or ACM Note A Class B licence is required for removal of more than 10 m2

of non-friable asbestos or ACM but the licence holder can also remove up to 10 m2 of non-friable asbestos or ACM

ACD associated with the removal of non-friable asbestos or ACM Note A Class B licence is required for removal of ACD associated

with the removal of more than 10 msup2 of non-friable asbestos or ACM but the licence holder can also remove ACD associated with removal of up to 10msup2 of non-friable asbestos or ACM

No licence required Can remove

up to 10 m2 of non-friable asbestos or ACM ACD that is associated with the removal of less than 10 m2 of non-friable

asbestos or ACM Not associated with the removal of friable or non-friable asbestos

and is only a minor contamination

The licensed asbestos removalist will prepare an Asbestos Removal Control Plan prior to the removal of any

asbestos ACM The Asbestos Removal Control Plan documents the specific control measures to be implemented to

ensure site personnel and others are not at risk when asbestos removal work is being conducted It includes how

the asbestos removal will be carried out including temporary storage the method tools equipment and PPE to be

used and the asbestos ACM to be removed including the location type and condition of the asbestos ACM

The Client will be informed prior to excavation or removal of asbestos or ACM If the removal activity is to occur in

the vicinity of any occupied residence or business the project Community Advisor will notify the affected

residents or business owners

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7 Signage and demarcation

Georgiou will install warning signs and labels to clearly identify asbestos affected areas and where asbestos related

work is being carried out Flagging will be installed to delineate the asbestos related areas and restrict

unauthorised persons from entering the asbestos removal work Stockpiles will be covered and labelled Signage

and flagging will stay in place until all licensed asbestos removal work is complete and a clearance certificate is

provided

8 Notification

Prior to the commencement of licensed asbestos removal works notification to SafeWork NSW is required

SafeWork NSW requires a minimum of 5 daysrsquo notice prior to the removal of asbestos and the notification will be

made by the licensed asbestos removalist

9 Air Monitoring

All air monitoring requirements will be determined and conducted by a licensed asbestos assessor (LAA) The

location and layout of the air monitors will be detailed within the Asbestos Removal Control Plan

Air monitoring requirements will vary depending on the type of asbestos being removed the location and position

of the asbestos The following rules should be applied when determine if air monitoring is required (extract from

Safe Work Australia ndash Code of Practice on How to Safely Remove Asbestos (2016)

For friable asbestos removal ndash Air monitoring is mandatory for all friable asbestos removal This includes prior

to dismantling an enclosure and for the purposes of the clearance inspection

For more than 10 msup2 of non-friable asbestos removal ndash Air monitoring is not required but may be considered to

be carried out by a licensed asbestos assessor or competent person to ensure compliance with the duty to

eliminate or minimise exposure to airborne asbestos and to ensure the exposure standard is not exceeded

Public Location ndash Air monitoring should be considered where the asbestos removal work is being undertaken in

or next to a public location

Exposure air monitoring ndash Air monitoring should be carried out at other times to determine a workerrsquos exposure

to airborne asbestos if based on reasonable grounds there is uncertainty as to whether the exposure standard

may be exceeded and a risk assessment by a competent person indicates it is necessary Since most uses of

asbestos are prohibited exposure monitoring should not be required frequently

The results of air monitoring will be made available as soon as possible to all workers on site The asbestos

supervisor will be notified immediately if the fibre count exceeds the recommended level in the Exposure

Standards for Asbestos as set out in the National Code of Practice How to safely remove asbestos

10 Clearance

Following removal of asbestos ACM the licensed asbestos removalist will arrange for a clearance inspection of the

area to facilitate the issue of a clearance certificate and allow construction to recommence in the affected area

The clearance inspection is conducted by

an independent licensed asbestos assessor for work that was carried out by a Class A licensed asbestos

removalist

an independent competent person for asbestos work that is not required to be carried out by a Class A licensed

asbestos removalist

To be independent the licensed asbestos assessor must not be involved in the removal of asbestos for that specific

job and is not involved in a business or undertaking involved in the removal of the asbestos for that specific job

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A clearance certificate will be issued if the independent licensed asbestos assessor or competent person is satisfied

that the asbestos removal area and the immediate area are free from visible asbestos contamination Entry to the

area will be permitted following confirmation of certification

11 Decontamination

Decontamination of site personnel PPE and tools used in asbestos removal work will minimise exposure and spread

of asbestos outside of the removal area

Personal decontamination will occur every time a worker leaves the asbestos removal work area and involves

removal of all visible asbestos dustresidue from PPE and Respiratory Protective Equipment using an asbestos

vacuum cleaner and or wet wiping with a damp cloth Disposable PPE is considered asbestos waste and will be

disposed of at an appropriate waste facility Non-disposable protective clothing will be laundered in a suitable

laundering facility that is equipped to launder asbestos-contaminated clothing

Workers must be aware of personal hygiene and ensure that they carefully wash when leaving an asbestos removal

area paying particular attention to hands fingernails face and head

Tools will be dismantled (where appropriate) cleaned under controlled conditions and decontaminated prior to

removal from the area or disposed of at a suitable off site location

12 Stockpile Management

The following contingency measures will be put in place for any temporary stockpiling of asbestos contaminated

soils

All asbestos contaminated stockpiles will be separated by lot numbers and sign posted to avoid any cross

contamination

Any temporary stockpiles of asbestos contaminated soil will be maintained under moist conditions and remain

covered at all times

Sediment controls will be installed downslope of all contaminated soil stockpiles

In order to confirm that all contaminated soil has been removed validation sampling beneath stockpiles will

occur by an Environmental Consultant

13 Asbestos contaminated soil for reuse onsite

Stockpiled asbestos containing soils will be assessed for beneficial re-use with the Site (NEPC 2013) Any soils

identified to contain asbestos with concentrations of bonded ACM less than the NEPC (2013) Health Screening Level

(HSL)-D applicable for the future commercial industrial land use could be reused onsite providing the following

Placement in a designated location preferably beneath a road alignment or other suitably capped area (min

300 mm lsquocleanrsquo (ie ENMVENM soils) to eliminate any potential airborne exposure pathway

Occupational hygienist and asbestos removalists on-site supervising relocation and placement

Maintenance of an Site Asbestos Register to record the extent nature of the ACM materials retained or

identified on-site

Any other requirements by Sydney Metro such as adherence to the CEMP etc and or land conditions

A Long-term Environmental Management Plan to manage the presence of asbestos impacted materials remaining

on-site would be required if the proposed soils to be re-used are exceeding the HSL-D limits for non-friable or

friable asbestos

If stockpiled soils are identified to contain any detectable concentrations of Friable asbestos material is

recommended to be disposed off-site given its friable nature

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14 Waste disposal

Where the ACM is assessed as non-suitable for onsite reuse the licensed asbestos removalist will classify and dispose

of the ACM at a licensed asbestos waste disposal site in accordance with NSW EPA guidelines (including Waste

Classification Guidelines (EPA 2014)) and relevant industry codes of practice

Disposal of ACM will be to an approved asbestos waste facility listed on the NSW EPA website The transportation of

asbestos waste by trucks must comply with the following requirements

Transporter must have the appropriate EPA license to transport asbestos waste

Asbestos contaminated soils are wetted down

Any part of any vehicle in which a person transports asbestos waste is covered and leak proof during

transportation

Georgiou will notify the Client prior to removal of ACM from site and will provide details of the proposed method

and location of disposal Georgiou will maintain records of all asbestos ACM disposed off site the location of the

facility at which it was disposed and any receiptcertificate issued by the facilitydisposal authority

15 Materials Tracking

A Material tracking Register will be used to ensure information is collected for the movement of all asbestos

contaminated soils The material is carefully inspected ensuring the following information is recorded

Source identification

Contamination assessment results

Waste classification report ndash if unsuitable for onsite reuse

Volume of material (survey)

Destination identification (survey)

This register will track the movement of soils between excavation and final deposition this includes stockpiling

and testing and suitability classification will be recorded

In addition to this register a stockpile location map will be used to show the location of asbestos contaminated soil

stored onsite at the stockpile area The stockpile number on the map will correspond with the information in the

register

16 Training

All site personnel (including sub-contractors) will undertake an induction to ensure that they understand the

potential risks associated with asbestos management locations of asbestos as detailed in previous contamination

assessment reports and this unexpected finds procedure

A specific unexpected contamination finds toolbox will be conducted with all workers involved with excavation

works and include the unexpected asbestos finds procedure Prior to commencement of each shift the Supervisor

will inform all site personnel of any works involving contaminated materials on site

17 Review

This Plan will be reviewed in the following circumstances

Following a site inspection or work review that highlights an unexpected risk associated with the

implementation of this procedure

Following a change in legislation

Following a change in construction methods

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Appendix 9 ndash Sydney Metro Incident and non-compliance reporting procedure

Unclassified

Unclassified

Environmental Incident and Non-

compliance Reporting Procedure SM-17-00000096

Sydney Metro Integrated Management System (IMS)

Applicable to Sydney Metro

Document Owner Manager Environment

System Owner Executive Director Safety Sustainability amp Environment

Status FINAL

Version 51

Date of issue 18 February 2019

Review date 11 February 2020

copy Sydney Metro 2019

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

Table of contents 1 Purpose and scope 4

2 Introduction 4

3 Definitions 4

4 Accountabilities 5

5 Environmental Events 5

51 Worked Example ndash Classifying Environmental Events 7

511 Soil and Water Issue 7

512 Soil and Water Non-compliance 7

513 Soil and Water Incident 7

52 Notifiable Events 8

53 Event Types 8

6 Environmental Incident Classification and Management 10

61 Incident Classification 11

611 Class 3 Incidents 11

612 Class 2 Incidents 11

613 Class 1 Incidents 12

62 Incident Notification 12

621 Principalrsquos Representative (PR) 12

622 Environmental Lead (EL) 13

63 Incident Notification Reports 14

64 Incident Investigations 14

65 Environmental Incidents with Health and Safety Impacts 14

66 Reporting Pollution Incidents to Relevant Authorities 15

661 Maritime Related Incident Notification and Reporting 16

67 Environmental Compliance Register 16

7 Environmental Non-compliance 17

71 Non-compliance Rate 17

8 Corrective and Preventative Actions 18

81 Action Status 18

9 Related Documents and References 19

10 Superseded Documents 19

11 Document History 19

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

Figures Figure 1 Environmental Event Classification Process 6 Figure 2 Environment Incident notification process for Class 1 and 2 Incidents 13

Tables Table 1 Examples of Notifiable Events 8 Table 2 Environmental Event Types and their descriptions 9 Table 3 Examples of Environmental Incidents 10 Table 4 Classification System for Environmental Incidents 11 Table 5 Contact details for Relevant Authorities 15

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

1 Purpose and scope

This procedure documents the process to be used when classifying and reporting Environmental Events

This procedure applies to Sydney Metro and any contractor Sydney Metro engages to carry out works Principal Contractors must ensure their processes for managing Environmental Events is consistent with this document The requirement for consistency is documented in the Construction Environmental Management Framework (Section 33(f)) and shall be allocated as a contractual requirement to each delivery partner

2 Introduction

Sydney Metro is committed to minimising risks to the environment the rapid identification and rectification of breaches to Environmental Requirements and efficient and effective responses to Environmental Incidents that grows our ability to minimise harm and prevent future re-occurrences

This procedure defines an approach to classifying Environmental Issues Incidents and Non-compliances and establishes the immediate interim and long term actions that are taken in response to Environmental Events

3 Definitions

All terminology in this Procedure is taken to mean the generally accepted or dictionary definition with the following exceptions

Term Definition

Environment

means components of the earth including

a) land air and water and

b) any layer of the atmosphere and

c) any organic or inorganic matter and any living organism and

d) human-made or modified structures and areas and includes interacting natural ecosystems that include components referred to in (a)-(c)

Environmental Event

An occurrence that identifies actual or potential environmental impacts or non-compliances Events cans include conversations inspections incidents or failures of process

Environmental Harm Includes any direct or indirect alteration of the environment that has the effect of degrading the environment and without limiting the generality of the above includes any act or omission that results in pollution

Environmental Incident

An occurrence or set of circumstances as a consequence of which pollution (air water noise and land) or an adverse environmental impact has occurred or is likely to have occurred

Environmental Issue An occurrence or set of circumstances where Environmental Harm or Non-compliance could occur if not rectified

Environmental Non-compliance

A breach of an Environmental Requirement originating from Planning Approvals Environment Protection Licenses lease agreements and other requirements documented in environmental management plans

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

Term Definition

Material Harm to the Environment

harm to the environment is material if

a) it involves actual or potential harm to the health or safety of human beings or to ecosystems that is not trivial or

b) it results in actual or potential loss or property damage of an amount or amounts in aggregate exceeding $10000 (or such other amount as is prescribed by the regulations) and

c) loss includes the reasonable costs and expenses that would be incurred in taking all reasonable and practicable measures to prevent mitigate or make good harm to the environment

It does not matter that harm to the environment is caused only in the premises where the pollution incident occurs

Terms and jargon specific to this procedure are defined within the Sydney Metro Glossary

4 Accountabilities

The Executive Director Safety Sustainability amp Environment is accountable for this Procedure Accountability includes authorising the document monitoring its effectiveness and performing a formal document review

Direct Reports to the Chief Executive are accountable for ensuring the requirements of this document are implemented within their area of responsibility

The Direct Reports to the Chief Executive who are accountable for specific projectsprograms are accountable for ensuring associated contractors comply with the requirements of this document if specified in the relevant contracts

5 Environmental Events

Environmental surveillance data is relied upon to inform Sydney Metro of performance trends to provide assurance that legislative requirements are being met and indicate where surveillance activities should be directed In order to rely upon environmental data for this purpose there needs to be a high degree of consistency in the manner by which it is collected and interpreted Due to the need for consistency any incidentNon-compliance procedure produced by a delivery partner to Sydney Metro is required to be consistent with the requirements of this document

The concept of Environmental Events forms a common starting point for understanding what types of occurrences should be managed and reported as Incidents and what should be reported as Non-compliances or Issues When an Environmental Event occurs a series of questions can be asked to consistently determine what type of event it is Commonly Environmental Events lead to three different processes

1 Reporting of an Environmental Incident

2 Reporting of an Environmental Non-compliance or

3 Reporting of an Environmental Issue

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

Incidents and Non-compliances are recorded using the Environmental Incident and Non-compliance Report Form (SM ES-FT-403) and Environmental Issues are recorded through environmental inspection reports using the Environmental Inspection Information amp Summary Form (SM ES-FT-406) These paper based records are subsequently entered into the Sydney Metro Compliance Register (Section 67) which is used to disseminate the data and facilities reporting internally and externally Note where a Principal Contractor has submitted alternative processes and these have been approved by Sydney Metro they may also be used

The figure below shows the process by which Environmental Events are classified (Figure 1)

Figure 1 Environmental Event Classification Process

Where Environmental Harm has been caused the event will always be classified as an Environmental Incident regardless of whether one or more Environmental Requirements have been breached Only when an event occurs without harm being caused to the environment will it be classified as a Non-compliance or Issue It should be noted that the Incident management process still captures any breaches of Environmental Requirements and these incidents contribute towards the calculation of the NC Rate (Section 71)

This flowchart above is intended to be a guide and there may be situations where it is unclear exactly how an Environmental Event should be classified In these situations a judgement call should be made in consultation with your Manager

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

51 Worked Example ndash Classifying Environmental Events

This Section provides a fictitious example of Environmental Events which fall into each of the three different categories The situations outlined below are provided to explain how event classifications are made The background for these worked examples is as follows

Sydney Metro is carrying out works in a newly established site and substantial earthworks are occurring to construct piers for an elevated viaduct A nearby creek contains a variety of important fish species and the local community are known to use this creek for recreational fishing The Environmental Impact Statement identified the creek as being at risk of increased sedimentation from dirty water run-off and the Conditions of Approval include a requirement to have a Progressive Erosion and Sediment Control Plan in place This plan has been produced and indicates that sediment fences must be in place at specific locations to capture dirty water run-off Regular daily inspections of the sediment controls are carried out by the contractorrsquos Environment Manager and an Independent Environmental Representative has commenced a monthly inspection on this site at 7 am on Thursday morning

511 Soil and Water Issue

The Environmental Representative notices a sediment fence has been knocked over in one of the areas indicated as requiring fencing on the ERSED plan It appears to have occurred recently and there is no record of rainfall in the last few days During the course of the inspection all other ERSED controls appeared to be in good condition and erected in accordance with the requirements of the Blue Book In this example no harm has yet been caused and no environmental requirement has been breached so the event is classified as an Environmental Issue which is raised on the inspection report with an action to reinstall the fence

512 Soil and Water Non-compliance

Alternatively the Environmental Representative might have noticed many sediment fences had been knocked down and in some areas an absence of sediment fences where the plan indicates they are required Despite there being no rain in recent days the Environmental Representative concludes that the requirements of the plan are not being followed and have been breached The event is raised as non-compliance and actions are set in place to re-enforce the requirements of the ERSED plan for that sites workforce as well as the immediate reinstatement of controls

513 Soil and Water Incident

Finally in a third scenario the Environmental Representative notices many sediment fences are down and some are absent where required by the plan However significant rainfall has occurred in recent days and the Environmental Representative determines that it is likely dirty water has escaped through the area into the nearby creek potentially causing harm to the fish population This event is classified as an Incident by the inspector and immediate notification is undertaken Similar controls are implemented as described above

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

52 Notifiable Events

There are a number of Acts and regulations that include a specific requirement to notify a Regulatory Authority When an Environmental Event triggers one of these notification requirements we then also refer to that event as a Notifiable Event (Table 1)

The Principal Contractorrsquos Environment Manager must determine whether an event is notifiable and may rely upon advice from Sydney Metro if it is provided

Table 1 Examples of Notifiable Events

Event type Legislation Trigger for Notification

Pollution Incident

1

POEO Act 1997 Part 57 Where Material Harm has occurred contact the EPA Pollution Line as soon as practicable POEO (General)

Regulation 2009 Section 101

Land contamination

Contaminated Land Management Act 1997

Section 60(1)

As soon as practicable after becoming aware of contamination that exceeds the relevant investigation levels in the National Environment Protection Measure where a person has or will be exposed to the contamination

Discovery of an Aboriginal relic

National Parks amp Wildlife Act 1974

Section 89A

Director General of EPA in writing within a reasonable time after becoming aware Note this is not required for Projects approved under Part 52 of the Environmental Planning and Assessment Act (see section 115ZG) Notification and reporting is addressed in the relevant Infrastructure Approval

Discover Aboriginal Remains

Commonwealth Aboriginal amp Torres Strait Islanders Heritage Protection Act 1984

Section 20 Commonwealth Minister of the Environment in writing as soon as practicable after becoming aware

Discovery of a relic

Heritage Act 1977 Section 146

Heritage Council in writing within a reasonable time after becoming aware

Note -this is not required for Projects approved under Part 52 of the Environmental Planning and Assessment Act (see section 115ZG) Notification and reporting is addressed in Infrastructure Approvals

53 Event Types

Each Environmental Event is assigned a secondary classification of an Event Type for the purpose of data analysis and general environmental management They are grouped by areas of environmental management so that targeted auditing training or awareness initiatives can be initiated in response to emergent trends Each Event Type is explained in Table 2

1 Further information on reporting pollution incidents to EPA is provided in Section 66 Environmental

IncidentNon-compliance Report

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

Table 2 Environmental Event Types and their descriptions

Event Type

Applies To

Description Issue Incident

Non-compliance

Soil and Water bull bull bull

Covers the physical location chemical composition and ecology of soils and waterways Any event which changes these compositions is a Soil and Water event Within this event type all instances of contamination erosion and sedimentation of waterways is covered

Flora and Fauna bull bull bull Covers vegetation and vegetation communities as well as animals and animal habitat Any event where vegetation is felled or damaged animals are killed or injured or habitat is harmed or destroyed is covered

Waste and Spoil bull bull bull

Covers the management of Excavated Natural Material (ENM) and Virgin Excavated Natural Material (VENM) including on-site management and disposal and also the classification and management of Waste materials

Note that the transportation of spoil is covered under Traffic Transport and Access

Heritage bull bull bull Covers the management of known heritage artefacts or sites and the treatment of unexpected finds archaeological investigations and other impacts

Air Quality bull bull bull Covers the management of emissions of particulate matter odours and gasses used as air quality parameters from worksites

Noise and Vibration bull bull bull

Covers the management of airborne and ground borne noise and vibration and includes hold points on the commencement of any work where Out of Hours Works permits or Construction Noise Impact Statements are required

Community Stakeholder and Business

bull bull bull Covers the management of Community and Stakeholder requirements and includes complaint response procedure community management protocols and the maintenance of information on websites

Traffic Transport and Access bull bull bull

Covers the management of traffic inside and outside of sites including access points and parking requirements This event type also covers any requirements in relation to vehicles and vehicle maintenance or the transportation of waste and spoil

Spills and Leaks bull bull bull

Covers all instances where environmentally sensitive substances are held within a container which has the potential to leak or spill and covers pipes hoses fuel tanks storage tanks and plastic containers

Note Spills and Leaks specifically exclude anything in relation to the transport and deposition of sedimentation

Management Systems bull bull bull

Covers procedural or administrate processes that are common across all areas It specifically does not cover procedural or administrate processes which are unique to any of the other event types For example not completing a vegetation removal form prior to vegetation clearing is still a Flora and Fauna event

Note A good example of a Management Systems NC would be not reporting an Environmental Incident within required timeframes

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

6 Environmental Incident Classification and Management

Sydney Metro has defined an Environmental Incident as

An occurrence or set of circumstances as a consequence of which pollution (air water noise and land) or an adverse environmental impact has occurred or is likely to have occurred

Adverse environmental impact includes contamination harm to flora and fauna (either individual species or communities) damage to heritage items or adverse community impacts

Planning Approvals and Environment Protection Licences permit some environmental impacts and these are not intended to be captured as Environmental Incidents

Table 3 Examples of Environmental Incidents

Type Example Incident

Air Quality Odour that travels beyond the site boundary

Air Quality Dust exceeding reasonable levels without active management measures in place

Air Quality Operation or maintenance of plant in a manner that causes or has likely caused excessive air pollution

Soil and Water Discharge of water on or off site in a manner that causes or has likely caused water pollution without required approvals

Noise and Vibration Noise that travels beyond the site boundary as a result of poorly maintained plant or operation of plant in an inefficient manner

Noise and Vibration Failure to comply with the approved hours of work

Soil and Water

Where the chemical composition of soil or water has been detrimentally modified by a contaminant leading to potential or actual environmental harm For example rainfall causes a flow of water across a site that erodes soil and enters a waterway increasing the total suspended solids of that water body

Spills and Leaks

Where a substance has leaked from or spilt from a container that is designed to prevent that substance from escaping into the environment (including bunds fuels tanks chemical bottles and other containers)

Spills and Leaks specifically exclude anything in relation to the transport and deposition of sedimentation

Soil and Water Dispose of waste in a manner that harms or is likely to harm the environment

Flora and Fauna Harm or ldquopickrdquo a threatened species endangered population or endangered ecological community without required approvals

Flora and Fauna Damage to vegetation fauna or habitat including watercourses without required approvals

Heritage Damage disturbance destruction or works to heritage itemsrelics without required approvals

Heritage Damage disturbance or destruction of Aboriginal objects or places without required approvals

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 11 of 19

Environmental Incident and Non-compliance Reporting Procedure

61 Incident Classification

Environmental Incidents are classified into one of three Classes that are based upon the consequence descriptors for environmental risks in the Sydney Metro Risk Matrix (refer to Sydney Metro Risk Management Standard) Each of these classifications trigger a variety of management actions andor legislative requirements depending on the severity of the consequence described where Class 3 represents minor consequences and Class 1 represents major consequences

This matrix is further sub-divided into consequence ratings ranging from C6 (low impact) to C1 (high impact) An incident transitions between a Class 3 to a Class 2 incident once material harm has been caused and transitions into a Class 1 incident once it is determined that the Environmental Harm caused in large-scale and cannot be remediated (Table 4)

Table 4 Classification System for Environmental Incidents

Class 3 Class 2 Class 1

C6 C5 C4 C3 C2 C1

No appreciable changes to

environment andor highly

localised event

Change from normal conditions

within environmental

regulatory limits and environmental effects are within site boundaries

Short-term andor well-contained environmental effects Minor

remedial actions probably required

Impacts external ecosystem and considerable

remediation is required

Long-term environmental impairment in

neighbouring or valued

ecosystems

Extensive remediation

required

Irreversible large-scale

environmental impact with loss of

valued ecosystems

611 Class 3 Incidents

These Incidents are events which cause Environmental Harm but do not cause Material Harm to the environment Normally Class 3 Incidents are not Notifiable Events and therefore a simple notification protocol is adopted whereby Sydney Metro must be notified within 48 hours verbally and in writing

In some cases it will be unclear whether Material Harm has been caused in the early stages of Incident Management If this is the case then the process for Class 2 Incidents is followed (see Section Class 2 Incidents) until it is clear that Material Harm has not been caused

A formal Incident Investigation report is not required for Class 3 Incidents however it is expected that the person responsible for completing the Incident Notification Report makes appropriate enquiries to determine the likely causal factors involved and assigns effective corrective actions

612 Class 2 Incidents

These Incidents are events which cause Material Harm to the environment and they always trigger notification of Regulatory Authorities These Incidents represent events that are far more serious than Class 3 Incidents and therefore strict communication protocols are required to ensure that effective and informed decisions are made (Figure 2)

The Environmental Lead contract Environment Manager and the Independent Environmental Representative must be notified verbally as soon as possible after the observer becomes aware of a Class 2 Incident

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

Class 2 Incidents must be investigated and the investigation must produce an investigation report containing corrective or preventative actions This investigation report must be provided to Sydney Metro within 7 days of the event unless another timeframe is agreed with the EL

Despite any arrangements for the submission of investigation reports an Incident Notification Report must be provided with all available information and submitted to Sydney Metro within 48 hours It is not expected that initial Incident Notification Reports for Incidents under investigation initially include actions as these will be informed by the findings of the investigation The report should be updated with actions resulting from the investigation when available

613 Class 1 Incidents

Class 1 Environmental Incidents are managed in the same manner as Class 2 Incidents expect where a determination is made by the Chief Executive (or delegate) that a Crisis Management Team should be activated In this situation the Sydney Metro Crisis Management Implementation Plan is followed

62 Incident Notification

When and Environmental Event occurs which causes Environmental Harm in all cases both verbal and written communication of the incident must be carried out immediately and within 48 hours respectively For Class 1 and 2 Incidents the notification process shown in Figure 2 must be followed Written communication of Environmental Incidents is via an Incident Notification Report (Section 63)

This process includes specific roles and responsibilities within Sydney Metro and our delivery Partners who are required to take notification actions in response to Incidents

This notification process has been developed to ensure that crucial information about Incidents is captured early and communicated to specific individuals who can ensure the Environmental Impacts are minimised and efficient and effective responses to the event are implemented

In particular the Principals Representative and the Environmental Lead for Sydney Metro play a crucial role in the communication of Incidents within Sydney Metro and these roles are explained in more detail below

621 Principalrsquos Representative (PR)

Each works package establishes a contractual interface for communication between the contracted party and Sydney Metro Generally this interface is between the Principal Contractors Project Director and an appointed representative of Sydney Metro called the Principals Representative

All formal written communications must pass between these two individuals electronically using TeamBinder The Principals Representative holds certain responsibilities in the Incident management Process outlined in Figure 2

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

622 Environmental Lead (EL)

Where this procedure is applied to a works package an Environmental Lead (EL) will be selected for the relevant works package The Environmental Lead must possess environmental experience and competency in managing Incidents and be a representative of Sydney Metro for those works This representative holds specific responsibilities outlined in Figure 2

Figure 2 Environment Incident notification process for Class 1 and 2 Incidents

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 14 of 19

Environmental Incident and Non-compliance Reporting Procedure

63 Incident Notification Reports

For all Incidents an Incident Notification Report must be completed and submitted to Sydney Metro within 48 hours These reports satisfy the requirement for written communication to Sydney Metro and are completed using the Environmental Incident and Non-compliance Notification Report (SM ES-FT-403) or a similar and consistent form approved by Sydney Metro

64 Incident Investigations

Environmental Incident Investigations must be carried out for all Class 1 and Class 2 Incidents Investigations may also be requested for any other Environmental Event at the discretion of Sydney Metro This discretion is likely to be exercised where incidents of a similar nature are occurring repetitively

When conducting an Environmental Incident investigation they must

Be led by a lead investigator who is suitably independent investigator capable of arriving at objective findings and is experienced in conducting environmental incident investigations

Consider the need for legal privilege during the investigation process in consultation with legal counsel

Be informed by all available information that is relevant to the investigation

Analyse the timeline of events which led up to and followed the occurrence of Environmental Harm including the immediate incident response

Be conducted in a manner that is consistent with recognised investigation techniques such as ICAMS

Gather and record evidence

Seek the input of key stakeholders and

Identify Preventative and Corrective actions and document these in the Incident Notification Report

65 Environmental Incidents with Health and Safety Impacts

It is possible that where an Event occurs that causes Environmental Harm harm is also caused to the health safety or wellbeing of people In these situations there will also be a Health and Safety Incident process undertaken which is separate to the process outlined in this document

While the definition of the Environment covers people under the POEO Act the management of impacts upon them are carried out using the Health and Safety Incident Management protocols This is because Health Safety and Wellbeing requirements are governed by a range of legislation other than the POEO Act and this procedure is not comprehensive in that regard Sydney Metro has well established processes to manage impacts on people without the need for the Environmental Incident Process to intervene

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 15 of 19

Environmental Incident and Non-compliance Reporting Procedure

Furthermore where Environmental Events cause harm to both the lsquoenvironmentrsquo and people it is possible that the root causes for the respective impacts are different It is also possible that differences in the severity of the impacts trigger inconsistent notification requirements and investigation levels It is prudent to identify appropriate and effective corrective actions that reduce the risk of impacts to both people and the environment therefore separate Incident Management Processes are undertaken in these situations

For more detail on the management of Health and Safety Incidents please refer to the Health amp Safety Incident Reporting amp Investigation Standard (SM-17-00000040)

66 Reporting Pollution Incidents to Relevant Authorities

If an Incident or Non-compliance is a Notifiable Event then a report must be provided to the relevant Regulatory Authority within the timeframe(s) specified by the relevant legislation Pollution Incidents which are causing or threatening Material Harm to the environment must be reported to each of the following authorities immediately after project personnel become aware of the Incident as required by Section 148 of the POEO Act 1997 The contact numbers for these authorities are listed in Table 5

Table 5 Contact details for Relevant Authorities

Type Example incident

EPA Environment Line 131 555

Local Authority Local Council (specific to area)

Ministry of Health Public Health Unit (refer to httpwwwhealthnswgovauPagesdefaultaspx to confirm local area contact details)

SafeWork NSW 131 050 or contactsafeworknswgovau

Fire and Rescue NSW 000

Relevant information required to be given to EPA when making a notification is specified in Section 150 of the POEO Act 1997 as follows

Time date nature duration and location of the incident

Location of the place where pollution is occurring or is likely to occur

Nature the estimated quantity or volume and the concentration of any pollutants involved

Circumstances in which the Incident occurred (including the cause of the Incident if known)

Action taken or proposed to be taken to deal with the Incident and any resulting pollution or threatened pollution and

Other information prescribed by the regulations

All relevant information known at the time of making the notification must be reported If the information required by (c) (d) or (e) above is not known at the time of initial notification but becomes known afterwards it must be reported to each authority immediately after it

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

becomes known Verbal notification must be followed by notification in writing within seven days of the date on which the Incident occurred

Pollution Incidents are not required to be reported if the Incident has already come to the attention of the EPA or the Incident involves only the emission of an odour

Failure to report a pollution Incident as required by the POEO Act 1997 is an offence

Where any work or activity is regulated by an Environment Protection License (EPL) notification of a pollution Incident to the EPA should be made by the licensee Thus where the contractor holds the EPL for the project notification to EPA shall be made by the contractor

For any work or activity that is not regulated by an EPL notification of pollution Incidents to EPA shall be made by Sydney Metro unless the contractor is instructed otherwise by Sydney Metro This includes pollution Incidents that occur as a result of pre-construction activities which may be undertaken prior to an EPL being required for a project Pre- construction activities are determined by the Planning Approval and may include for example geotechnical investigations or surveys

Where the Environmental Representative determines there to have been a significant off-site impact on people or the biophysical environment the program Director Sustainability Environment and Planning will notify the Secretary of the Department of Environment and Planning within 48 hours in accordance with Project Infrastructure Approval Conditions This notification will be followed by a full written report within seven days of the date on which the incident occurred

661 Maritime Related Incident Notification and Reporting

Marine Incidents involving vessels and personnel on board vessels must be reported to the Australian Maritime Safety Authority in accordance with the guidance published on their website at

Australian Maritime Safety Authority Incident Reporting and

Reporting obligations of owners and masters of domestic commercial vessels

67 Environmental Compliance Register

The Environmental Compliance Register is used to manage the information associated with reporting of Environmental Events This register is maintained by the Manager Environment and may be used by a variety of individuals to input data For access to the register or information on its use contact the Manager Environment

This register analyses the data it contains and produces environmental compliance statistics that are used to meet a range of reporting and environmental management requirements

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 17 of 19

Environmental Incident and Non-compliance Reporting Procedure

7 Environmental Non-compliance

An Environmental Non-compliance is a breach of an Environmental Requirement originating from Planning Approvals Environment Protection Licenses lease agreements and other requirements documented in environmental management plans It is important to note that regardless of whether an event is classified as a Non-compliance or an Incident the process behind managing the event remains the same with the following exceptions

Non-compliances are not notifiable to Regulatory Authorities under the POEO Act

Non-compliances are reported to have occurred on the day the breach was raised as opposed to the date when the requirement was breached (this is to preserve historical reporting and analysis ndash see Section 71)

Non-compliances are not divided into severity classes (Section 52)

Non-compliances do not have the potential to trigger crisis or emergency management processes and

There is an informal notification process in the immediate timeframe following a Non-compliance being raised

When an Environmental Event occurs that causes Environmental Harm and also breaches one or more Environmental Requirements then an Incident Notification Report will be created which records what requirements were breached

If a Non-compliance is identified then it must be raised using the Environmental Incident and Non-compliance Report Form within 48 hours by the party responsible for the breach

71 Non-compliance Rate

A key environmental performance statistic used by Sydney Metro is the Non-compliance Rate This statistic provides a standardised way of comparing the performance of different projects or contractors The NC Rate is calculated using the following formula

= (119873119862119904 + 119868119899119888119894119889119890119899119905119904 119908119894119905ℎ 119887119903119890119886119888ℎ119890119904 119903119886119894119904119890119889 119894119899 119898119900119899119905ℎ) + (119874119901119890119899 119873119862119904 + 119874119901119890119899 119868119899119888119894119889119890119899119905119904 119908119894119905ℎ 119887119903119890119886119888ℎ119890119904 119891119903119900119898 119901119903119890119907119894119900119906119904 119898119900119899119905ℎ119904)

119879119900119905119886119897 119873119906119898119887119890119903 119900119891 119874119899119892119900119894119899119892 119877119890119902119906119894119903119890119898119890119899119905119904) 119883 100

Each month a count of the number of NCs raised and Incident raised where Environmental Requirements have also been breached is counted Added to this number is the number of these events which were raised in previous months that still held an Open status in the current reporting period Non-compliance and incident Events are considered Open if any of the associated Actions are Open The total is divided by the number of Environmental Requirements which are actively being complied with (Ongoing Requirements) and a multiplying factor of 100 is applied

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 18 of 19

Environmental Incident and Non-compliance Reporting Procedure

8 Corrective and Preventative Actions

Whenever an Environmental Event is raised actions will be assigned to the event irrespective of whether it is an Issue Incident or Non-compliance These actions will generally be Corrective Actions which are implemented to eliminate the cause of the Incident Non-compliance or Issue and can be thought of as reactive measures in response to the Environmental Event

Preventative Actions may also be assigned to prevent the occurrence of an Incident Non-compliance or Issue and can be considered pro-active measures which may be recommended following a detailed investigation of the event

Actions must

Limit impacts as far as is reasonably practicable

eliminate risk where practicable

where is it not practicable to eliminate the risk follow the hierarchy of controls

address root causes and contributing factors and

be prioritised based on risk

The Executive Director Safety Sustainability amp Environment must ensure there are systems in place to

monitor corrective action status

escalate issues to the executive where progress on a corrective action is inadequate and

retain all corrective action responses for recording purposes

81 Action Status

Actions are allocated to a person who will take accountability for ensuring it is carried out within a timely manner and completed by the due date

Actions are either closed immediately if the Action has already been carried out and verified by Sydney Metro or are created with an open status The Action will remain in an open state until such a time as Sydney Metro verifies that the responsible person has completed the Action in a satisfactory manner Until all actions associated with an Incident Non-compliance or Issue are closed the original Environmental Event is considered to be open as well This is relevant when calculating the NC Rate as open Non-compliances and Incidents contribute toward the calculation of this statistic

Verification is determined by the Environmental Lead by sighting evidence of the Actions implementation

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 19 of 19

Environmental Incident and Non-compliance Reporting Procedure

9 Related Documents and References

10 Superseded Documents

11 Document History

Related Documents and References

Environmental amp Sustainability Management Manual

Risk Management Standard

Health amp Safety Incident Reporting amp Investigation Standard (SM-17-00000040)

Crisis Management Implementation Plan

Environmental Incident and Non-compliance Notification Report

Environmental Inspection Information amp Summary

Sydney Metro Glossary

Superseded Documents

There are no documents superseded as a result of this document

Version Date of approval Notes

10 31 March 2015 New document

20 7 July 2016 IMS Review

30 7 April 2017 IMS Review

40 23 November 2018 IMS Review

50 11 February 2019 IMS Review

51 18 February 2019 Minor correction to formula

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

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CEMP Bays Road Relocation Works

Appendix 10 ndash Sydney Metro Environmental Inspection template

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2016 CEMP Appendix 10 - Sydney Metro Inspection template Page 1 of 1

Environmental Inspection Report Template

Contract

Contractor Date

Inspection Number Time

Location

Weather

Attendees

Site Activities

Item No

Key Issues Action Party

Priority

(L M H)

Inspection by

Name Title Signature

Date

Copy to

- All attendees

-

-

-

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CEMP Bays Road Relocation Works

Appendix 11 ndash Georgiou Environmental Policy

COMPANY POLICY

Rob Monaci Chief Executive Officer Georgiou Group September 2020

ENVIRONMENTAL

Georgiou is committed to minimising where reasonably practicable its impact on the natural environment and social surroundings for the benefit of current and future generations while enhancing Georgioursquos environmental performance

In order to achieve this commitment Georgiou will

set environmental objectives and targets applicable to the aspects and potential impacts of projects and facilities

establish positive relationships with community and stakeholders

comply with all applicable environmental laws regulations statutory obligations and client environmental requirements

identify significant environmental aspects and develop effective and appropriate mitigation measures to minimise environmental impacts

provide measures to protect heritage biodiversity land and waterways

manage potential community impacts related to air quality noise and vibration

practice responsible resource use and waste management including the promotion of efficient use reuse and recycling of resources

implement and maintain Georgioursquos management system and practices to meet its business needs ASNZS ISO 14001 client and other obligations and

hold employees and subcontractors accountable for proactively meeting their environmental responsibilities

Achieving these commitments is fundamental to demonstrate a positive impact on the environment and communities associated with Georgioursquos activities and developments All employees and persons who work with Georgiou have a personal responsibility for implementing this Policy

SAFE

TY |

PRO

FIT

| RE

LATI

ON

SHIP

S |

PEO

PLE

| IN

NO

VAT

ION

Page 3: Environmental Management Plan - NSW - Georgiou

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CEMP Bays Road Relocation Works

TABLE OF CONTENTS

GLOSSARY ABBREVIATIONS 6

1 INTRODUCTION AND PURPOSE 8

Amendments and Authorisation 8

Communication of this Plan 8

Supporting Management Plans 8

2 SCOPE OF WORKS 9

3 LOCATION 9

4 ENVIRONMENTAL MANAGEMENT SYSTEM OVERVIEW 10

Environmental Management System 10

Policy 11

Environmental Management Plan 11

5 LEGAL AND OTHER OBLIGATIONS 12

General 12

Contractual Environmental Requirements 15

REF Determination Conditions of Approval 17

Environmental Licences and Permits 19

Infringement Improvement and Prohibition Notices 20

Availability of Statutory and Other Information 20

Objectives amp Targets 20

6 STRUCTURE AND RESPONSIBILITIES 21

Organisational Structure 21

Roles and Responsibilities and Authority 21

Communication and Acceptance of Accountabilities and Responsibilities 23

Field Leadership Visits 23

7 COMMUNICATION AND CONSULTATION 24

Internal Communication and Consultation 24

711 Inductions 24

712 HSE Notice Boards 25

713 HSE Alerts Bulletins 25

714 Site Meetings 25

Community and Stakeholder Involvement 25

721 Complaints Management 26

722 Urban Design of temporary works 26

723 Business and Property Impacts 27

8 HAZARD IDENTIFICATION AND RISK CONTROL 27

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CEMP Bays Road Relocation Works

Hierarchy of Control 27

Site Environmental Risk Analysis 28

Review of Risks 28

831 Change Management 28

Operational Control 28

841 Environmental Hazard Reporting 28

842 Take 5 29

843 Job Hazard Analysis (JHA)Safe Work Method Statement (SWMS) 29

844 Permit to Work 29

845 Environmental Control Maps 29

9 SIGNIFICANT ENVIRONMENTAL ASPECTS MANAGEMENT 30

10 CLOSURE AND COMMISSIONING 30

11 TRAINING COMPETENCY AND RESOURCING 30

1111 Toolbox talks 30

1112 Recording of Training and Assessment 31

12 INCIDENT EMERGENCY PREPAREDNESS AND RESPONSE 31

EmergencyIncident Planning and Control 31

13 HSE REPORTING AND INVESTIGATION 31

Notifications and Reporting 31

1311 Internal 31

1312 Notification of Incidents to Sydney Metro 31

1313 Statutory Notifications 31

Investigations 32

Review and Communication of Incidents 32

14 ENVIRONMENTAL REPORTING 32

1411 Monthly Reports 32

Site Meetings 32

Project Performance Review 33

15 AUDITING REVIEWS AND INSPECTIONS 33

Inspections 33

1511 Environmental Inspections 33

Audits and Reviews 33

Monitoring 34

Corrective Actions 34

16 DOCUMENT AND RECORD CONTROL 34

17 APPENDICES 35

Appendix 1 - Waste Management Sub Plan 36

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CEMP Bays Road Relocation Works

Appendix 1A ndash Sydney Metro Waste Classification Procedure 42

Appendix 2- Soil and Water Management Sub Plan 43

Appendix 3- Hydrocarbon and Chemical Management Sub Plan 46

Appendix 4 - Flora amp Fauna Management Sub Plan 50

Appendix 5 - Cultural Heritage Management Sub Plan 53

Appendix 5A ndash Sydney Metro Unexpected Heritage Finds Procedure 55

Appendix 5B ndash Sydney Metro Exhumation Management Procedure 56

Appendix 6 - Air Quality amp Dust Management Sub Plan 57

Appendix 7- Noise Vibration and Light spill Management Sub Plan 59

Appendix 7A ndash Sydney Metro Out of Hours Application form 61

Appendix 8 ndash Contaminated Land Management Sub Plan 62

Appendix 8A ndash Unexpected Contamination finds procedure 67

Appendix 8B ndash Unexpected Asbestos finds procedure 71

Appendix 9 ndash Sydney Metro Incident and non-compliance reporting procedure 78

Appendix 10 ndash Sydney Metro Environmental Inspection template 79

Appendix 11 ndash Georgiou Environmental Policy 80

GC-HSE-PLA-437 Uncontrolled when saved or printed

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GLOSSARY ABBREVIATIONS

Term Expanded text

AFMP Ancillary Facilities Management Plan

BC Act Biodiversity Conservation Act 2016

CoA Condition of approval

Compliance audit Verification of how implementation is proceeding with respect to an CEMP (which incorporates the relevant approval conditions)

CPESC Certified practising erosion and sediment control professional

CRM Community Relations Manager

CPESC Certified practising erosion and sediment control professional

CSSI Critical State Significant Infrastructure

DEC Department of Environment and Conservation (NSW) (former)

DIPNR Department of Infrastructure Planning and Natural Resources (former)

DoEE Commonwealth Department of the Environment and Energy

DoI - Water NSW Department of Industry - Water

DPIE NSW Department of Planning Industry and Environment

Ecologically sustainable development (ESD)

Using conserving and enhancing the communityrsquos resources so that the ecological processes on which life depends are maintained and the total quality of life now and in the future can be increased (Council of Australian Governments 1992)

EIS Environmental Impact Statement

EMS Environmental Management System

Environmental aspect

Defined by ASNZS ISO 140012015 as an element of an organisationrsquos activities products or services that can interact with the environment

Environmental impact

Defined by ASNZS ISO 140012015 as any change to the environment whether adverse or beneficial wholly or partially resulting from an organisationrsquos environmental aspects

Environmental incident

An unexpected event that has or has the potential to cause harm to the environment and requires some action to minimise the impact or restore the environment

Environmental objective

Defined by ASNZS ISO 140012015 as an overall environmental goal consistent with the environmental policy that an organisation sets itself to achieve

Environmental policy

Statement by an organisation of its intention and principles for environmental performance

Environmental target

Defined by ASNZS ISO 140012015 as a detailed performance requirement applicable to the organisation or parts thereof that arises from the environmental objectives and that needs to be set and met in order to achieve those objectives

EPA NSW Environment Protection Authority

EPampA Act NSW Environmental Planning and Assessment Act 1979

EPBC Act Commonwealth Environment Protection and Biodiversity Conservation Act 1999

EPL NSW Environment Protection Licence under the Protection of the Environment Operations Act 1997

ERG Environmental Review Group

ESCP Erosion and Sediment Control Plan

EWMS Environmental Work Method Statement

Federal-CoA Condition of the Federal Department of the Environment and Energy Approval Decision

Hold point Is a verification point that prevents work from commencing prior to approval

GC-HSE-PLA-437 Uncontrolled when saved or printed

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CEMP Bays Road Relocation Works

LGA Local Government Area

MNES Matters of National Environmental Significance

Non-compliance Failure to comply with the requirements of the Project approval or any applicable licence permit or legal requirements

NSW-CoA Condition of the NSW DPampE Infrastructure Approval

OEH NSW Office of Environment and Heritage

OOHW Out of hours work

PIRMP Pollution Incident Response Management Plan

POEO Act Protection of the Environment Operations Act 1997 (NSW)

RAP Registered Aboriginal Party

RBL Rating background level

REF Review of Environmental Factors

ROL Road occupancy licence

SAP Sensitive Area Plan

SEPP State Environmental Planning Policy

UXO Unexploded Ordnance

GC-HSE-PLA-437 Uncontrolled when saved or printed

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CEMP Bays Road Relocation Works

1 INTRODUCTION AND PURPOSE

The purpose of this Construction Environmental Management Plan (CEMP) is to describe how environmental aspects

are to be managed so that the site and those engaged onsite will

Comply with Georgiou Policy Client legal and other obligations

Minimise the impacts on the environment

Achieve the Company client and site objectives and targets

implement mitigation measures identified and assessed through Review of Environmental Factors (REF) under

Part 5 of the EPampA Act

Comply with the requirements of the Construction Environmental Management Framework (CEMF) February

2020 version 41 Managing Contractor Contract (MCC) Works Brief licencing and other relevant documents

This Management Plan is written in accordance with Georgioursquos health safety and environment management

system that is 3rd party certified to ASNZS ISO 14001 It has been written in accordance with the Transport for

New South Wales (TfNSW) Sydney Metro Construction Environmental Management Framework (CEMF) and the

project specific Sydney Metro General Specification ndash Plans and Reporting

Amendments and Authorisation

This Management Plan will be approved by the Project Manager their Line Manager and a Representative from the

HSE Department This Management Plan and other related documents will be reviewed annually or as a result of

Changes to Company procedures or processes

Changes to key personnel or resources

Changes in legal and other obligations

Findings from an audit or inspection

Findings from a significant incident or near miss

Significant changes to site conditions andor work methods

Instructions from Sydney Metro

Reviews will be undertaken in consultation with key stakeholders to ensure all locationsfunctions are considered

A record of the date and comments relating to any revisions of this document will be included in the revision table

The only Georgiou authorisation required to amend this document after initial approval is the Project Managerrsquos

Communication of this Plan

The Project Manager is accountable for ensuring

Location and access to the management plans is communicated at induction Management Plans have been communicated to subcontractor personnel prior to commencement of works

onsite Any changes made to the management plan are communicated to affected persons on the site

Supporting Management Plans

The following management plans have been developed to support this management plan

Emergency Response and Preparedness Plan

Georgiou Crisis Management Plan (controlled by Georgioursquos Perth Head Office and available on Company Intranet)

GC-HSE-PLA-437 Uncontrolled when saved or printed

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CEMP Bays Road Relocation Works

2 SCOPE OF WORKS

Sydney Metro is proposing to configure the internal port road network at Rozelle to facilitate the orderly urban

renewal of the Bays West area while maintaining access to the White Bay Cruise Terminal and other port operations

at Glebe Island and White Bay This includes long-term urban renewal initiatives for the Bays West area and works

for various future developments within the locality including critical works for the proposed Sydney Metro West

The proposal also provides the opportunity to improve road safety by reducing conflicting traffic movements in the

internal port road network

Georgioursquos scope of works is described as lsquoPhase 1rsquo works in the REF and it comprises of the following key

features

A reconfigured intersection at Port Access Road Solomons Way Sommerville Road including an interim

connection with the existing Port Access Road until it is relocated (as part of Phase 2)

Establishment of one-way traffic circulation along Solomons Way and Sommerville Road around the Glebe Island

Silos

Relocation of the Cement Australia Truck Parking Licenced Area to the north prior to the construction of the

reconfigured intersection due to the direct conflict with the reconfigured intersection

3 LOCATION

The proposal is located in an established industrial and port context at Rozelle within the Inner West Council local

government area

The lsquoproposal sitersquo refers to the area that would be directly impacted by the proposal as shown in Figure 1-1 The

proposal site is largely disused with the exception of the Port Access Road and port related lease areas including a

Cement Australia Truck Parking Licenced Area to service Cement Australiarsquos operations at the Glebe Island Silos

The proposal site is under the ownership of the Port Authority of NSW

To the north of the proposal site is the existing Port Access Road that supports access to the White Bay Cruise

Terminal and other port operations at White Bay To the east of the site is the existing Cement Australia and Sugar

Australia Glebe Island Silos and the Gypsum Resources Australia facility The south-eastern border of the site is

vegetated land adjoining Victoria Road Western Distributor The proposed location for the relocated Cement

Australia Truck Parking Licenced Area is currently a hardstand laydown area used by Port Authority of NSW

Beyond the proposal site the wider locality features a mix of land uses including retail commercial and urban

services along Robert Street to the north port and maritime uses to the east (Glebe Island and White Bay) and to

the south and City West Link Road and residential dwellings to the west in Rozelle

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Figure 3-1 Site location

4 ENVIRONMENTAL MANAGEMENT SYSTEM OVERVIEW

The following documents provide further information in regards to this topic

Management System Standard

Environmental Management System

The CEMP has been prepared in accordance with the overarching environmental management system (EMS) as

detailed below

Georgiou has a certified EMS consistent with ASNZS ISO 14001 Environmental Management Systems and will

prepare CEMPs in accordance with this EMS

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Policy

This Management Plan has been prepared in accordance with Georgioursquos Environmental Policy (appendix 11) All

relevant works including those conducted by subcontractors or by other companies on Georgioursquos behalf will

conform to this Policy

Georgioursquos Environmental Policy will be communicated to all workers at their site induction and displayed at the

site Georgioursquos policies will be made available to any interested party

Environmental Management Plan

This CEMP provides the system to manage and control the environmental aspects of the Project during pre-

construction and construction It identifies all the requirements applicable to manage the activities described in

Section 2 It also provides the overall framework for the system and procedures to ensure environmental impacts

are minimised and legislative and other requirements are fulfilled The strategies defined in this CEMP have been

developed with consideration of the Project approval requirements environmental management measures

presented in the approval documents This CEMP establishes the system for implementation monitoring and

continuous improvement to minimise impacts from the Project on the environment

This CEMP is consistent with

ASNZS ISO14001 2004 lsquoEnvironmental Management Systems - requirements with guidance for usersquo

Georgiou HSEQ Management System

Environmental Policy

Georgious Management is committed to regulatory

compliance pollution prevention and continous

improvement

Planning

Identify environmental interactions and signficant

aspects identify legal and other requirements and development

environmental objectives targets and the programs in

which to achieve them

Implementation and Operation

Define structure and responsibility identify and complete training

needs establish communication procedures document the EMS

through policies plans and procedures establish document

control establish operational control implement emergency

preparedness and response

Checking

Monitor and measure environmental interactions

evaluate compliance establish a non-conformance corrective

action and preventative action system maintain records and

perform periodic internal audits of the EMS

Management Review

Management to review environmental performance

EMS performance policy priorities and objectives and recommend improvements

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5 LEGAL AND OTHER OBLIGATIONS

The following documents provide further information in regards to this topic

Management System Standard

HSE Legal and Other Obligations Directory

General

The statutory requirements for this site have been identified within the Company HSE Legal and Obligations

Directories (available on Company Intranet) and have been incorporated into this management plan Legal and

other requirements specific to this contract which are not otherwise captured in the Company HSE Legal and

Obligations Directories are as follows

Legislation Other requirement

Requirement Comment

EPBC Act 1999

Under the EPBC Act a referral to the Commonwealth Department of Agriculture Water and the Environment is required for proposed lsquoactionsrsquo that have the potential to significantly impact on any matter of national environmental significance the environment in general or the environment of Commonwealth land (including leased land)

There are no matters of national environmental significance located within the general area of the proposal as confirmed in Appendix A of the REF Therefore an EPBC Act referral is not required

EPampA Act 1979

Clause 94 of the ISEPP outlines that development for the purpose of road and road infrastructure facilities which are permissible without the need for development consent under Part 4 of the EPampA Act when carried out by a public authority

Sydney Metro is a public authority and has prepared an REF and determination report to meet the assessment requirements under the EPampA Act

EPampA Regulation 1979 Under clause 228 of the factors to take into account concerning the impact on an activity on the environment

The REF and determination report prepared by Sydney Metro has considered factors under clause 228

ISEPP 2007

Division 1 of Part 2 of the ISEPP contains provisions for public authorities to consult with local councils and other public authorities prior to the commencement of certain types of development

Sydney Metro will conduct consultation with local councils and other authorities prior to commencement of construction

Biosecurity Act 2015

Under the Biosecurity Act 2015 all plants including weeds are regulated with a general biosecurity duty to prevent eliminate or minimise any biosecurity risk they may pose Any person who deals with any plant who knows (or ought to know) of any biosecurity risk has a duty to ensure the risk is prevented eliminated or minimised so far as is reasonably practicable

The State level priority weeds and associated legal requirements relevant to the region are outlined in the Greater Sydney Regional Strategic Weed Management Plan 2017-2022 (Greater Sydney Local Land Services 2017)

As such if present priority weeds on the site would be assessed and controlled to fulfil the General Biosecurity Duty and minimise biosecurity risks

Contaminated Land Section 60 of the Contaminated Land Management Act 1997 imposes a duty on

One site (former White Bay Power Station) that is currently regulated by

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Management Act 1997 landowners to notify the NSW EPA and potentially investigate and remediate land if contamination is above NSW EPA guideline levels

the NSW EPA is located within the proposal site

Given the proposed works are predominately surficial or up to one metre below existing site levels contamination risk is considered minor and manageable

Biodiversity

Conservation Act 2016

The Biodiversity Conservation Act 2016 provides for the protection of threatened species populations and ecological communities in NSW If a threatened species population or ecological community or its habitat is likely to occur in any area that may be affected by the proposal then an assessment of significance must be prepared to determine whether the proposal would have a significant impact

The site is unlikely to contain suitable habitat for any listed threatened species or community and is unlikely to have a significant impact on any threatened species or community

Heritage Act 1977

The NSW Heritage Act 1977 (Heritage Act) provides protection for items of lsquoEnvironmental heritagersquo in NSW Items considered to be significant to the State are listed on the State Heritage Register (SHR) and cannot be demolished altered moved or damaged or their significance altered without approval from the Heritage Council of NSW

Section 170 of the Heritage Act requires government agencies to maintain a heritage and conservation register (Section 170 register) These registers provide a list of government assets which may have State or local heritage significance

Sections 139 to 145 of the Heritage Act prevent the excavation or disturbance of land known or likely to contain relics unless in accordance with an excavation permit Excavation permits are issued under Section 140 of the Heritage Act or Section 60 for sites listed on the SHR Excavation Permit Applications must be supported by an Archaeological Research Design Section 146 of the Heritage Act requires that any discovery or location of a lsquorelicrsquo is reported to the Heritage Council

The road footprint for Georgioursquos scope of works is located outside of the heritage curtilage for the SHR-listed White Bay Power Station and does not extend north to the White Bay Power Station (Inlet) Canal (Port Authority of NSW s170 4560062)

The Glebe Island Silos (Port Authority of NSW s170 4560016) and the Glebe Island Dyke Exposures (Port Authority of NSW s170 4560056) are located immediately adjacent to the road footprint

As detailed in the REF it is unlikely that archaeological relics would be impacted by the works therefore a Section 139 exception or Section 140 permit are not required for the works

National Parks and

Wildlife Act 1974

Sections 86 87 and 90 of the National Parks and Wildlife Act 1974 require consent from the Environment Energy and Science Group of the Department of Planning Industry and Environment for the destruction or damage of Aboriginal objects

The proposal is unlikely to disturb any Aboriginal objects (refer Section 77)

However if unexpected archaeological items or items of Aboriginal heritage significance are discovered during the construction of the proposal the Sydney Metro Unexpected Finds procedure would be followed

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Protection of

the Environment

Operations Act 1997

The Protection of the Environment Operations Act 1997 (POEO Act) administers environment protection licences (EPLs) for specific activities relating to air water and noise pollution and waste management The Environment Protection Authority (EPA) and local government where relevant administer the POEO Act

Development activities require an EPL under the POEO Act if those activities meet the assessment criteria outlined in Schedule 1 of the Act

The proposal does not meet the definition of a scheduled activity under Schedule 1

In addition the POEO Act would require construction to be managed to prevent and avoid the potential to cause water noise andor air pollution The Act also includes requirements in relation to the management of waste

Notification to the EPA would also be required (as the administrators of this Act) in instances where any pollution incident has the potential to lsquocause or threaten material harm to the environmentrsquo (refer to Section 148 of the Act)

Roads Act 1993

In accordance with Section 138 of the Roads Act 1993 consent from NSW Transport for NSW would be required for the carrying out of work in on or over a classified road

For works on unclassified roads Clause 5 of Schedule 2 of the Act provides that a public authority is not required to obtain a road authorityrsquos consent

Ongoing consultation would be carried out with the relevant road authority (or authorities) in relation to the potential impacts that may occur to all of the roads and to identify any potential construction activities may be require consent

Waste avoidance and

Resource Recovery

Act 2001

The purpose of the Waste Avoidance and Resource Recovery Act 2001 is to develop and support the implementation of regional and local programs to meet the outcomes of a State-wide strategy for waste avoidance and resource recovery

It also aims to lsquominimise the consumption of natural resources and final disposal of waste by encouraging the avoidance of waste and the reuse and recycling of wastersquo

Waste generation and disposal reporting would be carried out during the construction and operation of the proposal Procedures would be implemented during construction in an attempt to promote the objectives of the Act

Water Act 1912 and

Water Management

Act 2000

The Water Act 1912 and the Water Management Act 2000 are the two key pieces of legislation for the management of water in NSW and contain provisions for the licensing of water access and use

The proposal would not involve any water use water management works drainage or food works controlled activities or aquifer interference

National Greenhouse and Energy Reporting Act 2007

The Act established a framework for reporting of greenhouse gas emissions abatement actions energy consumption and production data

The project will report on greenhouse gas and energy usage data as required by the Act

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Contractual Environmental Requirements

This Management Plan has been written to comply with the following Sydney Metro CEMF requirements

Requirement Reference

Scope of Applicability (Any Sections of the CEMF not addressed in the left hand column of

this table do not apply) Addressed by

CEMF Requirements

Section 1 full applicability This document

Section 4

Section 2 full applicability Section 5

Section 23

Standards and guidelines applicable to the works including o ISO14001 Environmental Management System ndash Requirements

with Guidelines for Use o Interim Construction Noise Guidelines (Department of

Environment and Climate Change 2009) o Managing Urban Stormwater Soil and Construction (Landcom

2008) o AS42821997 Control of the Obtrusive Effect of Outdoor Lighting o Waste Classification Guidelines (Department of Environment

Climate Change and Water 2008) o Australian and New Zealand Guidelines for Fresh and Marine

Water Quality

Section 41

Appendix 7

Appendix 2

Appendix 1

Section 32

Only applies with respect to Construction for o SMP1 o SMP2 o SMP5 o SMP6 o SMP7 o SMP14 o SMP18 o SMP19 o SMP30

Separate sustainability management plan

Section 34

34(d) (x) applies only to the extent of addressing environmental inspections

34(d) (xi) does not apply

Approval by DPIE is not required under 34(e)

34(f) Applies with respect to o Unexpected Finds Procedure (Heritage) o Environmental Incident and Non-compliance Reporting Procedure o Construction Noise and Vibration Standard o Out of Hours Work Application Form o Unexpected Finds Procedure (Contamination)

This document

Appendices 1-10

Section 36 36(b) only applies with respect to the drafting of a Waste Management Procedure and an Unexpected Finds Procedure for Contamination

Appendix 1

Appendix 8

Section 39 39(a) (iii) does not apply 39(b) does not apply

39(b) does not apply Section 11

Section 310 Applies except that a Pollution Incident Response Plan is not required Section 12

Section 312 312(a)(i) does not apply

312(a)(iv) does not apply Section 6

Section 313

313(b) does not apply

313(d) does not apply

313(e) does not apply

Section 15

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Section 314 Full Applicability Section 13

Appendix 9

Section 315 315(d) does not apply with respect to internal audits carried out by the Principal Contractor

Section 16

Section 316 316(d) does not apply where the Principal Contractors works last less than 1 year

Section 15

Section 4 42(a) does not apply

45(c) does not apply Section 72

Section 5 51(c) does not apply

54 does not apply Appendix 7

Section 6 Only 61 applies

Sustainability management plan

Section 7 71 does not apply

72 does not apply

Appendix 2

Section 8

81 full applicability

A Construction Noise and Vibration sub-plan is not required however the CEMP must address

82(a) (iii) and (b) for Site Establishment Activities

Appendix 7

Section 9

91 (a) (i) is not applicable

A Heritage Management plan is not required however the CEMP must address the following requirements

92 (iii)

92 (ix)

92 (c) (iii)

Appendix 5 5A 5B

Section 10

101 (ii) does not apply

102(a) (iii) applies with respect to the relocation of fauna only

102(b) (i) applies

102 (b) (ii) applies

All other sections are not applicable

Appendix 4

Section 11 111 (ii) does not apply

112 does not apply Section 72

Section 12

A Soil and Water Management Plan is not required however the CEMP must address the following requirements

122 (vi)

Appendix 2

Section 13 131 full applicability

132 does not apply Appendix 6

Section 14

141 full applicability

A Waste Management Plan is not required however the CEMP must address the following Requirements

142 (a) (iv)

142 (a) (v)

142 (b) (i)

142 (d)

Appendix 1

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REF Determination Conditions of Approval

The project is subject to compliance with the Conditions of Approval (CoA) identified below these are from the

REF Determination Report (August 2020) These Conditions of Approval are consistent with the management and

mitigation measures in the REF (April 2020) with some amendments due to the project changes identified in the

REF determination report

CoA Requirement Addressed by

REF Determination Conditions of Approval

NV1 Receivers that would potentially be affected by noise andor vibration from the works would be appropriately notified before the relevant works start

This would include details on the nature of works to be carried out the expected noise levels duration of noise generating construction works and contact details during construction

Appendix 7

NV2 Where vibration levels are predicted to exceed the screening criteria a more detailed assessment of the structure (in consultation with the relevant asset owner and a structural engineer) and attended vibration monitoring would be carried out to ensure vibration levels remain below appropriate limits for that structure

For heritage buildings and structures the more detailed assessment would specifically consider the heritage values of the structure in consultation with a heritage specialist to ensure sensitive heritage fabric is adequately monitored and managed

Appendix 7

NV3 Condition surveys of buildings and structures near to the proposal would be undertaken in consultation with the relevant owner prior to the commencement of vibration intensive works where appropriate For heritage buildings and structures the surveys would consider the heritage values of the structure in consultation with a heritage specialist

Sydney Metro

NV4 Alternative construction methodologies would be considered where vibration intensive works (typically site clearing ndash demolition) result in exceedances of cosmetic damage screening criteria and may include the following

The use of hydraulic concrete shears jaw crushers coring and wire sawing in lieu of rockbreakers for demolition of structures

Use of smaller capacity rockbreakers or lower vibration generating rockbreakers

Isolating the vibration sensitive structure from the vibration intensive work area by severing the vibration transmission path using non-vibration intensive means such a sawing

Appendix 7

NV5 The potential vibration impacts to underground utilities and services would be reviewed as the proposal progresses in consultation with the asset owners and the Port Authority of NSW

Appendix 7

T1 Clear wayfinding and safety signage would be provided to direct and guide vehicles not related to the proposal during road construction works This would be supplemented by Variable Message Signs to advise drivers of traffic diversions speed restrictions or alternative routes

Traffic management plan (TMP) and Traffic control plans (TCPs) will address

T2 The Port Authority of NSW and lease holders would be notified in advance of any proposed road changes within the port area and the potential for short term delays

Sydney Metro

Georgiou must provide written notifications to Sydney Metro on road changes in

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CEMP Bays Road Relocation Works

advance of each relevant road change within the port area

T3 Construction site traffic would be managed to minimise movements during peak periods

Traffic management plan (TMP) and Traffic control plans (TCPs) will address

T4 Access to Cement Australia and other leased areas would be maintained in consultation with Port Authority and lease holders

Sydney Metro

Georgiou will provide required information to SM

T5 All staff parking would be provided on-site and not on surrounding local streets

Traffic management plan (TMP) and Traffic control plans (TCPs) will address

NAH1 An Archaeological Work Method Statement would be prepared and implemented where excavation is required The Archaeological Work Method Statement would outline the requirements of archaeological monitoring and recording where archaeological remains of potential local significance may be impacted

Sydney Metro

(Transferred to Georgiou under VO-003)

C1 Sampling and testing of soils in areas of potential contamination concern would be conducted to characterise the soils (with respect to contamination) and determine the appropriate waste classification (which may include hazardous wastes or special wastes) and management response Waste classification would be carried out in accordance with the Waste Classification Guidelines Part 1 Classifying Waste (NSW Environment Protection Authority 2014)

Appendix 1

Appendix 1A

C2 Soils would be managed in accordance with the Protection of the Environment Operations (Waste) Regulation 2014 and disposed of to an appropriately licensed waste management facility

Appendix 1

Appendix 1A

C3 Erosion and sediment measures would be implemented in accordance with the principles and requirements in Managing Urban Stormwater ndash Soils and Construction Volume 1 (Landcom 2004) and Volume 2D (NSW Department of Environment Climate Change and Water 2008)

Appendix 2

C4 All fuels chemicals and hazardous liquids would be stored in accordance with Australian standards and EPA Guidelines Any refuelling carried out on-site would be carried out in designated areas only and spill kits would be available as part of any worksite

Appendix 3

C5 Prior to ground disturbance in areas of potential acid sulfate soil occurrence testing would be carried out to determine the presence of actual andor potential acid sulfate soils If acid sulfate soils are encountered they would be managed in accordance with the Acid Sulfate Soil Manual (Acid Sulfate Soil Management Advisory Committee 1998)

Appendix 2

LV1 The design and maintenance of construction site fencing would aim to minimise visual amenity impact where visible from public areas

Section 722

LV2 Lighting of construction areas (if required) would be orientated to minimise glare and light spill impacts on adjacent receivers

Appendix 7

WR1 All waste would be assessed classified managed transported and disposed of in accordance with the Waste Classification Guidelines and the Protection of the Environment Operations (Waste) Regulation 2014

Appendix 1

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The waste management hierarchy principles established under the Waste Avoidance and Resource Recovery Act 2001 of avoidreducereuserecycledispose would be applied to the construction of the proposal

AQ1 The following best-practice dust management measures would be implemented during all construction works

Regularly wet-down exposed and disturbed areas including stockpiles especially during dry weather

Adjust the intensity of activities based on measured and observed dust levels and weather forecasts

Minimise the amount of materials stockpiled and position stockpiles away from surrounding receivers

Regularly inspect dust emissions and apply additional controls as required

Appendix 6

AQ2 Plant and equipment would be maintained in a proper and efficient manner Visual inspections of emissions from plant would be carried out as part of pre-acceptance checks

Appendix 6

GHG1 Opportunities to reduce greenhouse gas emissions through the increased use of recycled materials would be investigated during detailed design

Sydney Metro

CI1 The likelihood of cumulative (ie concurrent and consecutive) construction impacts would be reviewed during detailed design when detailed construction schedules are available

Co-ordination and consultation with the following stakeholders would occur where required to manage the interface of projects under construction at the same time

Transport for NSW including Transport Coordination

Department of Planning Industry and Environment

Port Authority of NSW

Sydney Motorways Corporation

Construction contractors

Co-ordination would occur between potentially interacting projects to minimise concurrent or consecutive works in the same areas where possible

Sydney Metro

Georgiou must participate in any consultation as requested by the Principal and provide the Principal with all information and documentation the Principal requires to comply with condition

Environmental Licences and Permits

The Project Environmental Site Representative will be responsible for

Checking with the local government municipality to see if there are local environmental requirements Identifying the environmental licences and or permits under which the site will operate Obtaining a copy of any client held licences permitsapprovals to determine conditions of compliance or if not

available obtaining written verification that licences and permits are held Obtaining Georgiou held licences and or permits Monitoring compliance to the conditions of the licencepermit and report on the status in the Project HSEQ

Performance Report and to the client

Permits and licences relevant to the project are as follows

Permit licence Responsibility Status

Environmental protection licences (EPL) under the Protection of the Environment Operations Act 1997 for road construction

Georgiou Not required as this project does not trigger a scheduled activity under the POEO Act 1997

Road Occupancy Licences Georgiou To be applied for as required

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Infringement Improvement and Prohibition Notices

The Project Manager or delegate will ensure any infringement improvement or prohibition notice issued by a

regulatory authority recorded as a incident in Georgioursquos Incident reporting database (Beakon) and appropriate

actions taken in a timely manner A copy of the infringement improvement or prohibition will be added to the

incident report and forwarded to the HSE Business Unit Lead

The Project Manager will notify via email their General Manager Construction Manager Operations Manager

HSE Business Unit amp Environmental Site Representative Lead when the infringement improvement or prohibitions

notice has been closed out

Availability of Statutory and Other Information

Georgioursquos HSEQ Department maintains links to current statutory documents (Acts Regulations and Codes of

Practice) in the HSE Legal and Other Obligations Directories which are located on Georgioursquos Intranet

(GENIE)Georgiou subscribes to Environmental Essentials product Envirolaw which is available to all personnel

through the intranet link Envirolaw summarises environmental legal obligations provides links to legislation and

guidelines as well as providing search capabilities

Changes in legislation are monitored by the HSEQ Department and site management will be notified where a change

affects a site The Project Manager will be responsible for communicating changes in accordance with section 7

HSE will ensure the change is reflected in this Management Plan and other relevant plans and documents as

applicable

Objectives amp Targets

Objectives and targets have been set for the site taking into account the significant hazards and environmental

aspects of the job the group objectives and client and contractual requirements These are documented in the

table below

Item Description Measurement Target

1 Successful implementation of CEMP and contract requirements

Audits inspections reporting management reviews

0 NCRs associated with CEMP implementation

2 Compliance with all legal requirements Audits reporting management reviews

0 regulatory infringements (PINs or prosecutions)

3 Engage with the affected and broader community minimise complaints and respond to any complaints within a suitable timeframe

Review complaints register reporting audits

0 NCRs associated with CCS implementation

4 Environmental incidents with the potential to cause material harm to the environment

Number of material harm incidents 0

5 Continuously improve environmental performance

Regular environmental inspections

Regular Leadership visits

Share environmental best practice and innovations across projects

1 environmental inspection per week

1 Leadership visit per month

1 NSW Environmental meeting per month

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6 Environmental Awareness for all workers

Conduct all Toolboxes and training identified in this CEMP

1 environmental toolbox per month on relevant site issues

Additional objectives and targets may be set specifically for activities identified for upcoming works Performance

against all HSE objectives will be monitored as a minimum monthly at site meetings

6 STRUCTURE AND RESPONSIBILITIES

Organisational Structure

The site organisational structure has been documented in the Site Organisational Chart The Site Organisational

Chart identifies the roles that will support the site in fulfilling their HSE responsibilities

Roles and Responsibilities and Authority

The Project Manager is accountable for the environmental performance of the project and the implementation of

the projectrsquos management plans Key personnel and their site responsibilities are detailed below

Project Manager ndash Brad Collins

The environmental responsibilities of the Project Manager include (but are not limited to) the following

Ensure all works comply with relevant regulatory and Project requirements Ensure the requirements of this CEMP are fully implemented and in particular that environmental

requirements are not secondary to other construction requirements Endorse and support the environmental policy Be aware of their environmental responsibilities as detailed in the management plans Actively ensure that subcontractors and suppliers are complying with environmental requirements Liaise with the client and other government authorities as required Participate and provide guidance in the regular review of this CEMP and supporting documentation Provide adequate resources (personnel financial and technological) to ensure effective development

implementation and maintenance of this CEMP Ensure that all personnel receive appropriate induction training including details of the environmental and

community requirements Ensure that complaints are investigated to ensure effective resolution Stop work immediately if an unacceptable impact on the environment is likely to occur Hold monthly HSEQ management meetings to review environmental performance and monitor

implementation and effectiveness of the management system Ensure their direct reports fulfil their environmental responsibilities and achievement of KPIrsquos Support workers to immediately stop any lsquoat risk behaviourrsquo identified during their work activities

Project Site Engineer ndash Richard Kelly

The environmental responsibilities of the Project engineers include (but are not limited to) the following

Provide input into the preparation of environmental planning documents as required Ensure that instructions are issued and adequate information provided to employees that relate to

environmental risks on-site Ensure that the works are carried out in accordance with the requirements of the CEMP and supporting

documentation including the implementation of all environmental controls Identify any environmental risks Identify resource needs for implementation of CEMP requirements and related documents Ensure that complaints are investigated to ensure effective resolution

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Take action in the event of an emergency and allocate the required resources to minimise the environmental impact

Report any activity that has resulted or has the potential to result in an environmental incident immediately to the Supervisor and Environmental Site Representative

Supervisor ndash Eddie Storer

The Supervisor is responsible for creating an exemplary HSE culture and ensuring adherence to the Management System on their site The Supervisor is responsible for approving the commencement of works and to allocate necessary resources to complete a job safely in accordance with the Management Plan and will

Demonstrate commitment to the Environment by monitoring the workplace to ensure work practices are adhered to by way of routine checks of the workplace compliance to the Management Plan

Demonstrating through their actions and behaviour that safety and the environment are core values Hold Supervisors and leading hands (Georgiou amp subcontractors) accountable for the fulfilment of their

Environmental responsibilities including KPIrsquos Be given the authority and independence to require reasonable steps be taken to avoid or minimise

unintended or adverse environmental impacts Allocating work to ensure appropriate supervision for those with lesser experience Ensuring appropriate and necessary plant and equipment is provided for workers to carry out their work

safely and without undue harm to the environment Stopping rejecting or quarantining materials plant and equipment Supporting workers to immediately stop any lsquoAt Risk Behaviourrsquo identified during their work activities Participating in audits investigations and constructability reviews Management and HSE performance of the subcontractors utilised on site

Environmental Site Representative ndash Chloe Redman

The environmental responsibilities of the Environmental Site Representative include (but are not limited to)

overall responsibility for the implementation of environmental matters on the Project development implementation monitoring and updating of the EMP and sub-plans in accordance with

ISO14001 report to the Project Manager on the performance and implementation of the CEMP to ensure management

reviews of the CEMP are undertaken annually documented and actions implemented ensure environmental risks of the Project are identified and appropriate mitigation measures implemented identify where environmental measures are not meeting the targets set and where improvement can be

achieved ensure environmental protocols are in place and managed ensure environmental compliance obtain and update all environmental licences approvals and permits as required liaise with the approval authorities manage environmental document control reporting inductions and training manage environmental reporting within the Project team and to the Client and regulatory authorities prepare reports on a monthly basis outlining the Project works undertaken and the achievements that have

been met as well as identifying those areas where improvements were made oversee site monitoring inspections and audits manage all sub-contractors and consultants with regard to environmental matters including assessing their

environmental capabilities and overseeing the submission of their environmental documents develop and facilitate induction toolbox talks and other training programs regarding environmental

requirements for all site personnel notify the client and relevant authorities in the event of an environmental incident and manage close-out of

these stop activities where there is an actual or immediate risk of harm to the environment or to prevent

environmental non-conformities and advise the Project Manager and Supervisor assist the Community Relations Manager to resolve environment-related complaints

undertake site inspections carry out monitoring activities and complete site checklists ensure monitoring records are appropriately maintained reviewed and any non-compliance issues addressed assist in identifying environmental risks

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CEMP Bays Road Relocation Works

advise the Project Manager of the need to stop work immediately if an unacceptable impact on the environment is likely to occur or to require other reasonable steps to be taken by the site Construction staff to avoid or minimise impacts

Environmental Consultants

Georgiou has engaged consultancy contracts with the following companies

Ade Consulting - Contaminated land and hygienist services VMS ndash Noise and Vibration Management Services ARTEFACT ndash Archaeological and Heritage Consultants

Throughout the works there may be the requirement to engage other specialist environmental consultants or change the consultants listed above All Environmental consultants engaged to provide specialist advice on environmental matters are responsible to

comply with the relevant requirements of the CEMP or other environmental management guidance as instructed by a member of the Projectrsquos management

participate in the mandatory Projectsite induction program report any environmental incidents to the Supervisor immediately or as soon as practicable if reasonable

steps can be adopted to control the incident Stop activities where there is an actual or immediate risk of harm to the environment and advise the

Supervisor Ensuring compliance with the requirements of the HSE management system Adhering to all permit requirements Complying with all statutory and regulatory requirements

All Personnel

All personnel on site are responsible for

comply with the relevant requirements of the CEMP or other environmental management guidance as instructed by a member of the Projectrsquos management

participate in the mandatory Projectsite induction program report any environmental incidents to the supervisor immediately or as soon as practicable if reasonable

steps can be adopted to control the incident undertake remedial action as required to ensure environmental controls are maintained in good working

order Stop activities where there is an actual or immediate risk of harm to the environment and advise the

Supervisor Ensuring compliance with the requirements of the HSE management system Participating and adhering to SWIrsquos and JHArsquos Adhering to all permit requirements Immediately stopping any lsquoAt Risk Behaviourrsquo identified during daily work activities Complying with statutory and regulatory requirements

Communication and Acceptance of Accountabilities and Responsibilities

The Core Site Team will acknowledge their understanding and acceptance of the site accountabilities and

responsibilities by signing Appendix 1 in this plan

Field Leadership Visits

Senior Management with an operational role or functional support will demonstrate visible and proactive commitment by visiting site to engage in discussion with site management and workers in regard to HSE issues relevant to the business which may include any of the following

Active participation and contribution in Pre-start meetings Participation in Toolbox Talks Participation in the delivery of site safety and environmental messages on-site HSE programs or initiatives Participation in work inspections One-on-one discussions

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Behavioural observations Participation in monthly meetings discussing HSEQ performance

A record of the visit and the activity undertaken by the Senior Manager will be recorded and where appropriate feedback provided to the Site team A component of the Site Leadership visit will involve an environmental inspection of the site in accordance with section 151

7 COMMUNICATION AND CONSULTATION

The following documents provide further information in regards to this topic

HSEQ Communication and Consultation Standard

Community Relationship Management Guideline

Resolution of HSE Issues Procedure

Internal Communication and Consultation

Communication and consultative arrangements will be put in place to provide workers including subcontractors

with information and an opportunity to contribute to HSE and comply with applicable legislative requirements

The Site will use the methods detailed below to communicate to employees subcontractors and visitors

information in regard to the Georgiou Management System this management plan performance and environmental

issues

711 Inductions

All personnel (including sub-contractors) are required to attend a compulsory site induction that includes an

environmental component prior to commencement on-site This is undertaken to ensure all personnel involved in

the Project are aware of the requirements of the CEMP The environmental component of the induction must cover

all elements of the CEMP and will include as a minimum

relevant details of the CEMP including all sub-plans procedures and strategies their purpose and objectives

policies and KPIs

Requirements of due diligence and duty of care

relevant legislation and conditions of environmental licences permits and approvals

Potential environmental emergencies on-site and the emergency response procedures

Reporting and notification requirements for pollution and other environmental incidents

key environmental issues

Mitigation measures for the control of environmental issues

Complaints response and reporting

Communication protocols for interactions with community and stakeholders

site specific environmental management requirements and responsibilities

Incident and emergency response and reporting requirements

Environmentally sensitive locations and no-goexclusion zones

Erosion and sediment controls water quality controls and sediment basin management

Management of contaminated material (including asbestos impacted material)

Location of identified potential contaminated land sites

Signs of contaminated soil including visual asbestos identification protocols

Procedure for unexpected finds of contaminated land asbestos

Water quality management and protection measures

Location of identified Aboriginal and non-Aboriginal archaeological heritage sites areas of cultural sensitivity

and areas of archaeological potential and the kinds of historical relics structures or deposits which may be

encountered during the Construction works

Unexpected finds procedures for heritage

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noise vibration and air quality management controls

Standard Construction hours and the process for seeking approval for out of hours works including consultation

Road occupancy and other temporary and interim traffic arrangements

Specific responsibilities for the protection of flora and fauna

A record of all environment inductions will be maintained in a Project induction and training Register and kept on-

site The training register will identify who is trained when trained the trainer and what they were trained in

712 HSE Notice Boards

All worksites that have a crib room will set up a HSE notice board to display

Project HSEQ Performance Report

Environmental BulletinsAlerts

Site HSEQ Objectives and Targets

Organisational Chart

A Site Layout Plan and Emergency Evacuation Plan Emergency contacts and First Aiders list These will also be

posted in prominent locations throughout the site as described in the site Emergency Response Management

Plan

Risk Registers

713 HSE Alerts Bulletins

Incident Alerts will be used to communicate learningrsquos and actions required to assist in ensuring incidents that have

occurred in one workplace are not repeated in others HSE Bulletins will be used to communicate environmental

information to the workplace HSE Alerts and Bulletins will be developed by the Site Team using the approved

templates and approved by the HSE Business Unit Lead prior to communication

714 Site Meetings

The following meetings will be held on site to monitor implementation of the Georgiou Management System review

performance and communicate consult with workers in regards to HSE

Site Meetings (refer to section 142) Pre-Start Meetings Toolbox Meetings

Meeting agenda and minutes will be recorded maintained and be made available when required

Community and Stakeholder Involvement

A Community Communication Strategy will be developed for the project Key elements of the Community

Communication Strategy which will be implemented at appropriate times in the construction process will include

Notification (including targeted letterbox drops and email) of any works that may disturb local residents and businesses (such as noisy activities and night works) at least seven days prior to those works commencing

Notification (including targeted letterbox drops and email) of works that may affect transport (such as road closures changes to pedestrian routes and changes to bus stops)

Traffic alerts (via email) to all key traffic and transport stakeholders advising of any changes to access and local traffic arrangements (at least seven days prior to significant events)

Print and radio advertisements regarding major traffic changes 24-hour toll-free community project information phone line Complaints management Community information sessions as required Regular updates to the Sydney Metro website (sydneymetroinfo) including uploading of all relevant

documents and contact details for the stakeholder and community relations team

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Provision of information to the Sydney Metro Community Information Centre including community newsletters information brochures and fact sheets and interactive web-based activities

Clear signage at the construction sites Newspaper advertisements in local and metropolitan papers as required Regular inter-agency group meetings Community business and stakeholder satisfaction surveys and feedback forms Translator and interpreter services and The project team will liaise with the Sydney Metro Project Communications team as the point of contact for

the community

721 Complaints Management

Community liaison and complaints handling will be undertaken in accordance with the Construction Complaints

Management System and will include

dealing with complaints in a responsive manner so that stakeholdersrsquo concerns are managed effectively and promptly and

A verbal response will be provided to the complainant as soon as possible and within a maximum of two hours from the time of the complaint (unless the complainant requests otherwise) A detailed written response will then be provided if required to the complainant within one week

A complaints register will be maintained in Georgioursquos BEAKON database and in Sydney Metrorsquos Consultation

Manager TM which will contain

Date and time of complaint Method by which the complaint was made (telephone letter meeting etc) Name address and contact telephone number of complainant (if no such details were provided a note to that

effect) Nature of complaint Action taken in response including follow up contact with the complainant Any monitoring to confirm that the complaint has been satisfactorily resolved If no action was taken the reasons why no action was taken

The project will apply an adaptive approach to ensure that corrective actions are applied in consultation with the

appropriate construction staff to allow improvements in the management of issues resulting in community

complaints

722 Urban Design of temporary works

Temporary construction works will consider urban design and visual impacts including

Minimise impacts on existing landscape features as far as feasible and reasonable Artwork graphics and images to enhance the visual appearance of temporary works in high visibility locations Project information to raise awareness on benefits explain the proposed works at each site and provide

updates on construction progress Community information including contact numbers for enquiries complaints Signage and information to mitigate impacts on local businesses which may be obscured by the construction site Sydney Metro advertising public awareness campaigns Logos branding including Sydney Metro NSW Government and Contractor branding

The design of all temporary works will require Sydney Metro approval in relation to urban design and visual impacts

and Sydney Metro will stipulate the design of hording artwork including

Sydney Metro advertising public awareness campaigns and Logos branding including Sydney Metro NSW Government and Contractor branding

Construction hoardings scaffolding and acoustic sheds will be regularly inspected and kept clean and free of dust

build up Graffiti on construction hoardings scaffolding or acoustic sheds will be removed or painted over

promptly The principles of Crime Prevention Through Environmental Design will be applied to all works including

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temporary works that have a public interface

723 Business and Property Impacts

The project footprint is within any area managed by the Port Authority of NSW and several port related facilities

are adjacent to the work including Cement Australia Gypsum Resources Australia and Sugar Australia Georgiou will

undertake works to meet the following objectives

Minimise the potential impact of the project to businesses affected by construction works Ensure businesses are kept informed of the project and consulted in advance of major works or factors that are

likely to have a direct impact Ensure that business stakeholder enquiries and complaints regarding the project are managed and resolved

effectively

Consult with all business directly affected by changes to access arrangements regarding specific requirements at least two weeks prior to those changes coming into effect

8 HAZARD IDENTIFICATION AND RISK CONTROL

The following documents provide further information in regards to this topic

HSEQ Risk and Operational Control Standard Job Hazard Analysis (JHA) Procedure Permit to Work Procedure

Hierarchy of Control

The following hierarchy of control will be applied to controlling environmental risks and environmental aspects

within Georgiou This hierarchy recognises that the best controls act on the environment not on the people in it

HazardsAspects

Waste

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Site Environmental Risk Analysis

The Site Team has undertaken a construction risk assessment workshop (CRAW) and developed a HSEQ Risk

Register based on the Master Risk Register which incorporates the Companyrsquos mandatory controls and additional

site specific hazards and controls identified in the CRAW This Management Plan and the Emergency Response

Management Plan have been based upon this HSEQ Risk Register

Works on site will be undertaken in accordance with the HSEQ Risk Register The HSEQ Risk Register will be

made available to workers

Review of Risks

The aspects within the HSEQ Risk Register will be reviewed for adequacy

At site meetings Prior to the commencement of any new construction work that involves high impact risks After a significant incident

If there is a change made to the construction methodology and associated change in the risks and controls associated with the works the Risk register and Construction Environmental Management Plan will be updated as appropriate

831 Change Management

The following documents provide further information in regards to this topic

Change Management Procedure

Where there is a change to the planned scope design or construction methodology (including plant machinery

materials or sequence) the impact of the change must be assessed and a determination on whether the Change

Management Procedure applies If so then a formal analysis of the change will be undertaken using the

Management of Change Event Design Form

Changes to the project may require an assessment to determine consistency with the REF and Environmental

Documents The assessment will include

A description of the existing surrounding environment Details of the ancillary works and construction activities required to be carried out including the hours of works An assessment of the environmental impacts of the works including but not necessarily limited to traffic

noise and vibration air quality soil and water ecology and heritage Details of mitigation measures and monitoring specific to the works that would be implemented to minimise

environmental impacts Identification of the timing for completion of the construction works and how the sites would be reinstated

(including any necessary rehabilitation)

Operational Control

Operations and activities associated with significant environmental aspects will be planned to ensure they are

carried out under specific operating conditions An Environmental Control Map (ECM) Safe Work Method

Statements Job Hazard Analysis Take Five Hazard Report or a combination of these will be used to achieve this

requirement

841 Environmental Hazard Reporting

Environmental Hazard reporting will be conducted using the Hazard Report (contained within the Hazard

ReportTake 5 booklet)

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The Supervisor is responsible for ensuring environmental hazards are addressed in a timely manner using the

hierarchy of control and communicated to those who may be potentially affected Where hazards cannot be

addressed immediately and additional controls are required they are to be reported into the Beakon system for

follow-up and close-out

842 Take 5

Take 5 booklets will be available to all workers to perform risk assessments for work that is not high risk

construction Take 5 risk assessments include environmental aspects and the identified environmental controls for

these risks are to be documented on the Take 5 form and implemented for the works

843 Job Hazard Analysis (JHA)Safe Work Method Statement (SWMS)

JHASWMS will be completed for all high risk construction work JHASWMS developed will reflect the safety and

environmental risks and controls identified in the sites risk register and supporting work instructions

Subcontractors will be provided access to the sites HSEQ Risk Register and prior to undertaking the work will be

required to submit their JHArsquosSWMS to Georgiou for review and approval using the Subcontractor JHASWMS

Assessment (available in Beakon)

844 Permit to Work

The following high risk activities require written authority in the form of a ldquopermit to workrdquo from the Georgiou Site

Team

Vegetation Clearing Permit (Georgiou form) Dewatering Permit (Georgiou form) Out of Hours application (Sydney Metro form)

Relevant environmental controls detailed in this CEMP and associated sub plans (appendices) will be included in the

environmental permits No work involving these activities will commence until the appropriate permit has been

completed Personrsquos issuing permits on the Site will be given training in the Georgiou Permit to Work system A

permit may be required for other high risk activities as determined by risk assessment the Sitersquos Manager andor

contractual requirements

845 Environmental Control Maps

To assist pre-construction planning and on-site construction management the environmental site constraints are

consolidated on a series of map-based sheets that extend the length of the Project Environmental Control maps

include information pertaining but not limited to

Noise and vibration sensitive receiverrsquos eg residential dwellings

Flora features including threatened species and endangered ecological communities

Aboriginal and non-Aboriginal heritage sites including items places objects and sites

Local waterways

Recorded threatened fauna sightings

Relevant environmental controls detailed in this CEMP and associated sub plans (appendices)

The Environmental Control maps are a working element of the CEMP and will be revised throughout construction to

reflect true ground conditions and the most up-to-date information available on sensitive sites Sensitive area maps

will be used in conjunction with EWMS and ESCPs to help identify key risk areas and to promote ongoing

communication to construction personnel during the Project

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9 SIGNIFICANT ENVIRONMENTAL ASPECTS MANAGEMENT

The following environment aspects have been identified as significant for this project Risks associated with these

significant aspects and appropriate controls have been identified during the construction risk assessment workshop

(CRAW) and included in the HSEQ Risk Register in accordance with section 82

In addition aspect specific sub-plans within this CEMP have been developed to detail how the environmental

aspects will be managed to comply with relevant legislation amp client requirements These aspect specific sub plans

include

Waste

Soil and Water

Hydrocarbon and Chemical

Cultural Heritage

Air Quality and Dust

Noise and Vibration

Contamination

10 CLOSURE AND COMMISSIONING

At completion of this project Georgiou will hand over the site in an environmentally responsible state) taking into

account the nature of the works in accordance with legislative amp contractual requirements

11 TRAINING COMPETENCY AND RESOURCING

All Georgiou personnel and contractors will undergo environmental training before commencing works on site

Training will be undertaken in the following forms

project site induction (section 711) and Environmental awareness training through regular tool box discussions Inductees will be required to sign-off that they have been informed of the environmental issues and that they

understand their responsibilities

1111 Toolbox talks

ldquoToolboxrdquo training will help to ensure that relevant information is communicated to the workforce and that

feedback can be provided on issues of interest or concern ldquoToolboxrdquo training will generally be prepared and

delivered by the Project Engineers Site Foreman or HSE Advisor Toolbox training topics are to be delivered to

provide refresher information on the environmental induction topics and associated environmental procedures In

the event of environmental near misses or incidents or changes to procedures that could result in changed levels of

environmental risks Toolbox talks may be used to deliver updates

Toolbox topics likely to be required include

work methods and efficient use of plant and materials waste management minimisation and recycling dust control protecting waterways spills and leaks emergency response procedures wet weather procedures and inspections and Legislation updates Please refer to the Toolbox schedule for a library of HSE toolboxes to deliver over the life of the project

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1112 Recording of Training and Assessment

Records of training and assessment will be maintained and will be readily available for verification Records of

induction and training will include the topic of the training carried out dates names and trainer details

12 INCIDENT EMERGENCY PREPAREDNESS AND RESPONSE

The following documents provide further information in regard to this topic

Emergency Preparedness and Response Standard

EmergencyIncident Planning and Control

The site has in place an Emergency Response Management Plan (ERMP) that addresses emergency response control

and recovery based upon credible emergency scenarios as identified in the Site Risk Register The Emergency

Response Management Plan has been developed in accordance with Emergency Preparedness and Standard

13 HSE REPORTING AND INVESTIGATION

The following documents provide further information in regard to this topic

Sydney Metro Environmental Incident and Non Compliance Reporting Procedure

Notifications and Reporting

The Project Manager is accountable for ensuring all necessary reporting and notifications take place including

Client notification Statutory notification Scheme notification Community Complaints

Notifications and reporting regarding incidents will be done in accordance with the Sydney Metro Environmental

Incident and Non Compliance Reporting Procedure

1311 Internal

The Environmental Site Representative or their delegate will be responsible for reporting all incidents into Beakon

database Incidents reported into Beakon will be reviewed by the Responsible Manager and approved within five

working days or before month end in which the incident occurred

1312 Notification of Incidents to Sydney Metro

Sydney Metro will be notified of any Georgiou environmental incident as soon as reasonably practicable Copies of

the incident reports and investigations incident will be made available to Sydney Metro within 48 hours in

accordance with the Sydney Metro Environmental Incident and Non Compliance Reporting Procedure

1313 Statutory Notifications

An incident is an uncontrolled event or violation with serious or potentially serious negative consequences to

people property reputation or the environment Under Section 148 of the Protection of the Environment

Operations Act 1997 (POEO Act) Georgiou has a duty to immediately report pollution incidents causing or

threatening material harm to the environment Material harm is defined in Section 147 of the POEO Act as

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lsquoinvolves actual or potential harm to the health or safety of human beings or to ecosystems that is not trivial or

it results in actual or potential loss or property damage of an amount or amounts in aggregate exceeding

$10000 and this loss includes the reasonable costs and expenses that would be incurred in taking all reasonable

and practicable measures to prevent mitigate or make good harm to the environmentrsquo

Investigations

Investigations regarding the incident will be completed in accordance with the Sydney Metro Environmental

Incident and Non Compliance Reporting Procedure and commence as soon as practicable (preferably

immediately) but within 24 hours

All environmental incidents would be investigated in such a manner that the following basic elements can be

established

identifying the cause extent and responsibility of the incident

identifying and implementing the necessary corrective action

identifying the personnel responsible for carrying out the corrective action

implementing or modifying controls necessary to avoid a repeat occurrence of the incident

recording any changes in written procedures required and

Advising regulatory authorities in accordance with licence conditions

Review and Communication of Incidents

Incidents will be reviewed to check that causal factors and root causes were identified and that the findings have

been effectively addressed through assignment of actions at the

Site monthly meetings Business Unit meetings OHS Committee Meeting (if established)

Actual and potential class 1 incidents will be reviewed by senior management to ensure adequacy of closeout HSE

incidents and their preventative actionslearnings will be communicated at pre-start meetings toolbox meetings

and through HSE alertsbulletins as per section 7

14 ENVIRONMENTAL REPORTING

1411 Monthly Reports

Georgiou is required to submit an Environmental Monthly Report to the client including the information specified

below as evidence of implementation of the Environmental Management Plan

Implementation of environmental management including environmental monitoring implementation of environmental controls training inspections and testing

Implementation of incident management including emergency response - details of all environmental incidents or emergencies including non-compliance with environmental procedures and near misses complaints implementation of incident and emergency response management and implementation of corrective action

Implementation of reviews - details of internal reviews audits and inspections undertaken to verify that on-site environmental processes and practices conform to the Environmental Management Plan

Waste Statistics and NGERs reporting

Site Meetings

The Site will hold a monthly HSEQ Management Meeting in accordance with the Health amp Safety Management Plan

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Project Performance Review

At completion of the Project the Project Manager is responsible for arranging a review of project performance

which will include HSE management performance and lessons learnt for the purpose of continually improving

Georgiou Management Systems This review will be in accordance with the Project Close-Out Procedure

15 AUDITING REVIEWS AND INSPECTIONS

The following documents provide further information in regards to this topic

Auditing Reviews and Inspections Standard

Inspections

1511 Environmental Inspections

The following inspections will take place on site

Environmental Weekly Inspections Detailed Hazard Inspections considering timingavailability of activities Site leadership field visits These inspections will be used a process to monitor onsite environmental performance and they will cover all applied environmental mitigation measures including water quality erosion and sediment control structures fuel and chemical storage and waste management Attendees for the inspections can include Sydney Metro Environmental and project team members Georgiou Environmental and project team members and Georgiou Senior and Executive Management when conducting a Field Leadership Visit (section 64) The Environmental Site Representative will record inspection findings on the inspection report If any maintenance andor deficiencies in environmental controls or in the standard of environmental performance are observed they will be recorded on the inspection Records will also include details of any maintenance required the nature of the deficiency any actions required and an implementation priority Any Sydney Metro Environmental Inspections will occur on the Sydney Metro Inspection record template ndash Appendix 10

Audits and Reviews

The following audits are scheduled for this site

Internal

AuditReview

Purpose Commencement On-going requirement

Site HSE Mobilisation Audit

Review achievement towards site start-up activities

8 weeks after mobilisation NA

Internal HSEQ audit

Determine compliance to the management systems and an assessment as the effectiveness of those requirements to meet our legal and other obligations

Within 6 months of project start up

6 monthly

Sydney Metro (or an independent environmental auditor) Audit

EampSMS and compliance with the environmental aspects of contract documentation including Construction Environmental Management Framework

Construction Periodic

to be confirmed

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The Project Environmental Site Representative will be the principal contact for external auditors wishing to audit

the Sitersquos environmental management systems The Project Environmental Site Representative will be responsible

for responding to any external audits findings

Monitoring

Environment monitoring will be undertaken to validate the impacts predicted for the Project The monitoring

requirements for required aspects are included in the relevant environmental management sub-plans (Appendices)

All environmental monitoring equipment shall be maintained and calibrated according to manufacturerrsquos

specifications and appropriate records kept

Where monitoring results are outside of the expected range and are directly attributable to the Project (ie are

influenced by factors under the direct control of the Project eg noise from construction equipment) the process

described below will occur

An analysis of the results by the Environmental Site Representative in more detail with a view of determining possible causes for the non-conformance

A site inspection by the Environmental Site Representative or delegate Advising relevant personnel of the problem Identifying and agreeing on actions to resolve or mitigate the non-conformance Implementing actions to rectify or mitigate the non-conformance

Corrective Actions

Corrective actions identified through hazards inspections incidents auditing will be recorded in Beakon Close out of corrective actions are monitored through Site meetings and reported to senior management through the monthly and quarterly board reports

16 DOCUMENT AND RECORD CONTROL

Georgioursquos Health Safety and Environment Policies Standards Procedures Safe Work Instructions References

Guidelines Forms Templates are all accessible via the Companyrsquos Intranet - GENIE GENIE will maintain the

current and only authorised versions for use

Environment Management documentation that has been specifically developed for the site will be controlled on site

and recorded on the Site Document Register in accordance with the Site Quality Management Plan

The Project Manager is the owner of this plan and will apply change control to ensure the most recent plans are

approved and executed

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17 APPENDICES

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Appendix 1 - Waste Management Sub Plan Responsibility

Objectives amp Targets

Refer to the Site Objectives amp Targets (section 57 of this CEMP) Minimise spoil generation where possible The project will mandate 100 reuse or recycling (on or off-site) of usable spoil Spoil will be managed with consideration to minimising adverse traffic and transport related issues Spoil will be managed to avoid contamination of land or water Spoil will be managed with consideration of the impacts on residents and other sensitive receivers Site contamination will be effectively managed to limit the potential risk to human health and the environment Minimise waste throughout the project life-cycle Avoidance of unnecessary resource consumption Resource recovery (including reuse reprocessing recycling and energy recovery) and Disposal

Project Manager

Performance Criteria

100 Compliance with Client amp legal requirements 100 achievement with Project Objectives amp targets 100 achievement of relevant Sydney Metro CEMF objectives

Project Manager

Mitigation Measures

Training and Competency

As part of the Site Induction workers will be informed of

- The types of waste generated on site

- How the wastes are to be handled stored and disposed of Personnel responsible for clean-up of spills will be provided with instruction on how to use the sites

spill kits Personnel handling hazardous materials will be provided training to read and understand the SDS

Project Manager

Unidentified Waste Wastes that cannot be positively identified (ie unlabelled liquids potential asbestos) will be tested

before handling and disposal Any material that is unknown should be considered hazardous until positively identified

Project Engineer

Handling

Where practicable dust generating rubbish and debris will be removed to minimise dust release into the atmosphere

Handling of waste will be done in accordance with relevant state or local by-laws using suitable personal protective equipment

Project Engineer

Storage

Containers used for storage are not to be opened handled transported or stored in a manner that may rupture the container

All waste will be stored in waste receptacles and removed off site by a licensed contractor on a periodic basis

Dedicated recyclable and hazardous receptacles will be labelled Wastes stored on site will be stored in a manner to prevent the attraction of vermin and native

wildlife Waste is to be stored away from access and egress routes

All

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Appendix 1 - Waste Management Sub Plan Responsibility

The quantity and volume of wastes stored on site may be minimised where reasonably practical to reduce the risk to health safety and the Environment

Project Managers will be responsible for identifying and obtaining any required licenses andor permits to store wastes

Disposal

In deciding how to dispose of waste generated on site consideration will be given to reducing reusing or recycling waste where reasonably practical to minimize the volume sent to landfill Where reuse or recycling is not a feasible option the waste will be sent to a facility capable of accepting the waste

The burning of any type of wastes will not be permitted on any Georgiou site The use of stormwater drains for the disposal of waste is prohibited The disposal of waste will be done in a manner to prevent any damage to the environment

Project Engineer

Transportation

The removal and transportation of hazardous waste controlled waste (eg asbestos hydrocarbons and sewage) for disposal will only be conducted by licensed carriers Licensed operators will be engaged in accordance with the Procurement Procedure

Before a hazardous waste controlled waste is transported off site a waste tracking receipt will be collected from the operator as verification that the waste was correctly transported off site and to identify the proposed location for disposal The receipt will be scanned and filed into the DMS and linked to the Site Waste Register A copy of the receipt will be held for a minimum of 3 years

The transportation of other wastes for disposal will only be conducted if the load is covered or there is no risk of loaddebris falling and the load is disposed of at a registered landfill

Project Manager

Spoil

Although the Project would require the importation of fill material the excess spoil would be generated including from the following sources

Soils ndash This includes any topsoil and natural subsoils (ie soils between the topsoil and underlying bedrock)

Natural rock ndash This material would be generated from excavation of sandstone bed rock if required Road construction material ndash This would include material generated from the demolition of the

existing roads such as asphalt concrete geotechnically stabilised road sub-base and base material

Project Engineer

Spoil Classification

Spoil generated during the Construction of the Project will be firstly assessed for reuse in the project Should it not be suitable for onsite reuse it will be assessed in accordance with the Sydney Metro Classification Procedure (Appendix 1A) It will firstly be assessed against the requirements for Virgin Excavated Natural Material (VENM) detailed within the Protection of the Environment Operations Act 1997(POEO Act)

Project Engineer

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Appendix 1 - Waste Management Sub Plan Responsibility

If the material is not deemed to be VENM an assessment of the suitability of any current general resource recovery exemptions issued under the Protection of the Environment Operations (Waste) Regulation 2014 will be undertaken Current general resource recovery exemptions that may apply to the Project are

The excavated natural material exemption 2014 The excavated public road material exemption 2014 Spoil that cannot be re-used onsite or offsite under any of the exemptions stated above or classified as VENM will require waste classification in accordance with the Waste Classification Guidelines Part 1 Classifying Waste (EPA 2014) prior to offsite disposal at an appropriately licensed facility

The management of spoil generated from the Project will be guided by the hierarchy detailed below

Rank Control Measure Implementation Example Potential to implement on Project

1 Avoid and reduce spoil

generation Reduce the amount of spoil being

generated through design and construction methodology

Limited

2 Prioritise reuse of contaminated

spoil onsite vs clean spoil Identify areas with lower risk of

contamination to spoil offsite as this will result in lower waste disposal costs for project

GSW and Contaminated Spoil is to

be utilised as fill on the project

prior to the use of excavated

sandstoneVENM The project will

produce excess spoil and the

priority is for this excess to be

sandstoneVENM

3 Reuse within Project Prioritise reuse of more contaminated

spoil onsite vs less contaminated spoil Reuse in the Project to fill

embankments and mounds within short haulage distance of source

Restoration of any pre-existing contaminated sites within the Project boundaries

Reuse as a feed product in Construction materials (eg concrete)

Preferred but dependant on area

available

Project Manager Project Engineer Project Engineer

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 39 of 80

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Appendix 1 - Waste Management Sub Plan Responsibility

4 Reuse for environmental works Reuse in revegetation and

rehabilitation projects Reuse in operational noise mitigation

works

Preferred as stockpiling on site is

restricted

5 Reuse on other development

projects Reuse for fill embankments and

mounds on projects within an economic transport distance from site

Preferred as stockpiling on site is

restricted

6 Reuse for land restoration Reuse for land reclamation or

remediation works Reuse to fill disused facilities eg

mines and quarries to enable ecological rehabilitation or other ecologically beneficial end use

Preferred as stockpiling on site is

restricted

7 Reuse for landfill management Reuse to cap completed landfill cells Reuse in daily covering of landfill

waste

Limited

8 Dispose offsite as waste Disposal of excess spoil as waste at an

approved facility licensed to receive that material

Potential but not preferred

Hazardous Waste - General

Hazardous wastes will be stored in sealed containers where practical and clearly labelled with waste type

Hazardous waste receptacles will be maintained in good condition to prevent leaks or spills Offensive odours should not be generated at any time when stored Hazardous wastes with a significant risk to human health and safety will be stored in containers that

comply with relevant legislation and guidelines Hazardous wastes will not be permitted to accumulate to a level that presents an unreasonable risk

to human health safety or the environment Controlled waste storage will be suitably contained to ensure debris does not travel beyond the boundary of the premise

Hazardous waste will be stored and segregated in accordance with their SDS Hazardous waste will be risk assessed to ensure they do not contaminate or interact with goods that are incompatible Where there may be a risk of fire hazardous waste will be segregated to prevent storage incompatibilities

Hazardous liquid waste will not be permitted to enter the environment

All

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 40 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 1 - Waste Management Sub Plan Responsibility

Design considerations for secondary containment will be given to the storage of liquid wastes to contain any potential spills Hazardous waste will be stored onin bunded palletsareas which will be compliant with AS1940-2004 443 (the bunded palletarea must have the capacity to contain 110 of the largest container

Hazardous waste such as batteries hydrocarbons sewage and asbestos will only be handled for final disposal recycling by certified waste removing contractors Sewage waste not plumbed directly into the main sewerage system will be contained within holding tanks on site compounds and emptied on a periodic basis or as required by a licenced contractor

Hazardous Waste - Batteries

Automotive and lead-based batteries will be stored in a manner that does not contaminate the natural surrounding environment This may include storage on bunded palletsareas on concrete hard stand or on any other sealed surface

All

Hazardous Waste - Asbestos

The disposal processes for asbestos will involve independent competent persons Identified ACM (Asbestos Contaminated Material) will be clearly marked out and controls put in place

to prevent contamination into surrounding areas

Project Manager

Hazardous Waste - Sanitary Sewage Waste

Sewage waste will either be plumbed directly into the main sewerage system or contained within holding tanks on site compounds and emptied as required

Sewage waste stored in bunded tanks underneath the toilets will be emptied by a licensed contractor on a periodic basis

Sanitary wastes will be stored in solid containers and clearly labelled for identification Sanitary wastes will not be re-handled after disposal to minimise the exposure and risk of double

handling Sanitary conveniences will be calculated based on the number of workers based on the site and meet

legislative requirements Sanitary waste will be stored away from food sources or where food is served Controls to prevent offensive odours to the public and workers will be implemented

Project Engineer

Recyclable Waste

On site paper and cardboard and scrap metal will be segregated to be collected and transported to a recycling facility

Green waste will be mulched and stockpiled with topsoil for use in revegetation Aggregate will be segregated during cut and fill operations for re-use

Project Engineer

Waste Water Any waste water or liquids must be disposed of to an approved receptacle and stored within an approved bunded location until they are removed from site

Project Engineer

Putrescible Waste Putrescibles waste will be stored into general waste containers that prevent the release of debris and leachate

Project Engineer

Clinical Waste In the event that clinical waste has been found the following control may be employed Project Engineer

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CEMP Bays Road Relocation Works

Appendix 1 - Waste Management Sub Plan Responsibility

Syringes and needles found on site will be stored in a clearly labelled solid sealed container to prevent access to contents They will be disposed of at a licenced provider

Clinical wastes will not be re-handled after disposal to minimise the exposure and risk of double handling

Concrete

Kibbles Concrete truck are to be washed out into a designated bunded area When the concrete is dried it will be disposed of with general waste

At no point will any Concrete truck or kibble be permitted to wash out at any point other than the designated area with all the associated controls in place

Project Engineer

Weekly (VisualDocumented)

DHI Environment to be completed via Beakon HSE Advisor

Reporting HSEQ Monthly Management Meeting Monitor and record the volumes of waste and the methods and locations of disposal Maintain records of all required waste dockets and receipts and provide to Sydney Metro monthly

Project Manager

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 42 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 1A ndash Sydney Metro Waste Classification Procedure

Unclassified

Unclassified

Waste Classification Procedure

SM-20-00040677

Sydney Metro Integrated Management System (IMS)

Applicable to Sydney Metro

Document Owner Hugh Chapman Associate Director Environment Operations Customer amp Place-Making

System Owner Carolyn Riley Director Environment Sustainability amp Planning

Status Final

Version 30

Date of issue Pending

Review date Pending

copy Sydney Metro 2020

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 2 of 14

SM-20-00040677 Waste Classification Procedure V30

Table of contents

1 Introduction 3

11 Purpose and scope 3

12 Definitions 3

13 Spoil Management Decision Framework 5

14 Spoil Handling and Segregation 5

15 Typical Application of the Framework 6

16 Unexpected Finds Protocol 7

17 Accountabilities 14

2 Related documents and references 14

3 Superseded documents 14

4 Document history 14

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 3 of 14

SM-20-00040677 Waste Classification Procedure V30

1 Introduction

11 Purpose and scope

This framework describes the approach to classifying spoil and demolition materials generated during works in accordance with environmental legislation and guidelines

This framework considers the reuse of materials on site the beneficial reuse of materials transported off site as waste (for example as virgin excavated natural material [VENM]) the recycling of materials at offsite facilities and the offsite disposal of materials when reuserecycling is not achievable

The framework considers only the compliance and classification elements of the spoil management process and does not consider all of the practical issues associated with construction geotechnical properties of the spoil or market forces and costs that influence the reuse potential of spoil or other wastes

Section 16 of this framework outlines an Unexpected Find Protocol (UFP) to be implemented should unexpected potential contamination be found during works

12 Definitions

All terminology in this Procedure is taken to mean the generally accepted or dictionary definition Other terms and jargon specific to this Procedure are defined within the SM-17-00000203 Sydney Metro glossary Acronyms specific to this document are listed below

Definitions

2014 Waste Regulation

Protection of the Environment Operations (Waste) Regulation 2014

CLM Act Contaminated Land Management Act 1997

Contamination

As defined in the CLM Act ldquomeans the presence in on or under the land of a substance at a concentration above the concentration at which the substance is normally presenthellipin the same localityhellipthat presents a risk of harm to human health or any other aspect of the environmentrdquo

Demolition materials

Materials such as concrete bricks and timber resulting from the demolition of buildings and structures Most demolition materials are pre-classified as General Solid Waste (non-putrescible) (see definition below) under the NSW EPA (2014) Waste Classification Guidelines However some demolition materials such as asbestos have other classifications as described below

EIS Environmental Impact Statement for the project which assesses potential environmental impacts and mitigation measures in accordance with the EPampA Act (see below)

ENM Excavated Natural Material as defined in The excavated natural material order 2014

being excavated material that is at least 98 (by weight) natural material that does not meet the definition of VENM (see below)

EPA NSW Environment Protection Authority

EPampA Act Environmental Planning amp Assessment Act 1979

EPL

Environment Protection Licence as may be held by an owner or operator of a premise licensed to receive process recover or store waste The EPL will contain a number of conditions that must be met by the holder These will specify the type(s) of waste the facility is permitted to receive process recover or store and include pollution prevention or monitoring requirements

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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SM-20-00040677 Waste Classification Procedure V30

Definitions

Fill Soil and any associated extraneous materials (such as demolition wastes industrial by-products and refuse) imported to and placed at the location

GSW

General Solid Waste classified in accordance with the NSW EPA (2014) Waste Classification Guidelines GSW may be classified as putrescible or non-putrescible depending on the content of putrescible organic material Spoil and demolition materials are typically non-putrescible

HW

Hazardous Waste classified in accordance with the NSW EPA (2014) Waste Classification Guidelines HW must be treated prior to disposal to landfill HW is typically

spoil that is contaminated with chemicals at concentrations that exceed all screening criteria specified in Step 5 of the Waste Classification Guidelines

Naturally Occurring Soil

Any soil which has not been significantly disturbed by human activities

NEPM National Environmental Protection (Assessment of Site Contamination) Measure 2013

POEO Act Protection of the Environment Operations Act 1997

Recycling Material that is removed from the project site (thereby becoming Waste) and is deposited at an appropriately licenced recycling facility for processing prior to reuse by others

REF Review of Environment Factors which addresses the likely environmental impacts and details protective measures to manage against any adverse effects in accordance with the EPampA Act

Remediation

As defined in the CLM Act remediation of contaminated land includes

(a) preparing a long-term management plan (if any) for the land and

(b) removing dispersing destroying reducing mitigating or containing the contamination of the land and

(c) eliminating or reducing any hazard arising from the contamination of the land (including by preventing the entry of persons or animals on the land)rdquo

Remediation is the act of mitigating exposure to contamination in its original location The process of remediation can generate spoil that may be subject to reuse within the project area (where that reuse is adequately controlled in order to mitigate exposure risks) or the removal of contaminated spoil for treatment andor disposal off site

Reuse offsite

Material to be reused by application to land at a location outside of the project site without the need for processing prior to reuse Material meeting the definition of VENM or ENM or material that is subject to an RRO and RRO are suitable (from an environmental perspective) for reuse at remote sites where all requirements of the POEO Act and CLM Act are met

Reuse onsite

Material that is excavated on the project site and reused on the project site Material to be reused onsite is not defined as Waste and does not require classification in accordance with NSW EPA (2014) Waste Classification Guidelines The material must be suitable for the final land use at the placement location in accordance with EPA guidelines made or approved under the CLM Act and must not cause pollution under the POEO Act If transport to another part of the project area requires material to be taken outside the site boundary temporarily this must be undertaken in accordance with the EIS or following consultation with relevant regulators

RRE Resource Recovery Exemption contains the conditions that must be met by consumers of a waste type to allow its exempt reuse as granted by the EPA under the 2014 Waste Regulation

RRO Resource Recovery Order contains the conditions that must be met by generators and processors of a waste type to allow its exempt reuse as granted by the EPA under the 2014 Waste Regulation

RSW Restricted Solid Waste classified in accordance with the NSW EPA (2014) Waste Classification Guidelines An example of RSW is spoil that is contaminated with chemicals above the criteria specified in Step 5 of the Waste Classification Guidelines

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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SM-20-00040677 Waste Classification Procedure V30

Definitions

Special Waste

As defined in the NSW EPA (2014) Waste Classification Guidelines a class of waste with

unique regulatory requirements Asbestos or any waste containing asbestos (eg spoil containing any fragments of asbestos cement sheeting) is Special Waste If Special Waste is mixed with RSW or HW (eg spoil classified as RSW that also contains asbestos) then the waste must be managed in accordance with both classifications

Spoil Soil or rock material generated from excavation activities

UFP Unexpected Find Protocol

VENM Virgin Excavated Natural Material as defined in Schedule 1 of the POEO Act being excavated natural material not mixed with any other waste and not from a contaminated area

WARR Act Waste Avoidance and Resource Recovery Act 2001

Waste Spoil or demolition material that has been taken off site which may be classified as Special Waste GSW RSW or HW

13 Spoil Management Decision Framework

Figure 1 provides a high-level flowchart for decisions regarding the fate of spoil generated on the site As reflected in Figure 1 the preferred spoil management hierarchy for the project listed from most preferred to least preferred is as follows

1 Spoil is reused within the project boundary

2 Spoil is beneficially reused at an appropriate offsite location

3 Spoil is recycled at an offsite licenced facility

4 Spoil is disposed to landfill

The approach to spoil classification is further detailed in Table 1 Table 1 describes the criteria information inputs and control measures required to be applied when reusing spoil on site reusing spoil offsite recycling spoil offsite or disposing of spoil

The framework does not account for the practical site based engineering or financial constraints associated with the hierarchy These must be addressed during delivery and the most appropriate efficient and sustainable method of spoil management adopted

14 Spoil Handling and Segregation

Careful excavation handling and segregation of spoil is critical to ensuring that materials with varying classifications are not mixed (cross-contaminated) and are not reused recycled or disposed in a manner inconsistent with their classifications

Appropriate segregation is also important in controlling the costs of spoil disposal to landfill noting that the inadvertent mixing of materials with low concentrations of contaminants with materials containing higher concentrations typically results in a higher classification and higher disposal rate (financial) being applied to all of the materials

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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SM-20-00040677 Waste Classification Procedure V30

The following processes are to be applied when excavating handling and segregating all spoil (for clarity a reference to a ldquogeological unitrdquo includes units or different layerstypes of Fill)

Spoil from each geological unit should be classified separately using sampling data that relates only to that unit Classification sampling may be performed in-situ (prior to excavation) or ex-situ (following excavation)

Spoil from each geological unit (as described in Part 4 below) should be excavated segregated and stored separately from spoil arising from other geological units

Excavations should be carefully monitored for visual indications of contamination such as stained soils odorous soils or the presence of anthropogenic waste materials Any spoil containing visual indicators of contamination will be excavated segregated and stored separately from other spoil Where unexpected contamination is identified an appropriate unexpected finds procedure must be implemented to manage potential human health or environmental risk (refer to Part 5)

Each spoil stockpile should be treated as a ldquobatchrdquo with its classification data clearly identifiable and will be handled stored transported and reusedrecycleddisposed as a batch Spoil stockpiles will not be managed in a ldquocontinuousrdquo manner with portions added taken away or mixed over a period of time and

Spoil should be tracked from cradle to grave to ensure a complete and accurate record of movement from the point of excavation to the final point of placement For clarity this includes tracking of spoil movement on the site as well as off the site

Tracking of spoil movement (whether the spoil is waste or not) requires must include written records of spoil excavation handling transport storage and placement via a centralised tracking system Personnel must be suitably trained in the use of the system and sufficient detail must be recorded and retained such that material typesclassifications volumes and location are tracked from the time the material is excavated until it is placed permanently (onsite or offsite) This includes accurate records of any interim handling or placement (such as stockpiling or treatment) Stockpiles onsite are to be clearly labelled at all times Tracking information is to be kept on-site and be available on request

15 Typical Application of the Framework

This section provides some practical guidance in implementing the spoil classification framework (further detailed in the attached Figure 1 and Table 1

An explanation of the likely classification of spoil excavated during works based on typical geological units is provided below

Fill ndash Fill is imported materials which have been placed on the site at some time in the past Fill generally exists at depths ranging up to 3m below ground surface on developed areas and brownfield sites Fill may exist to depths exceeding 20m in reclaimed lands landfill sites former brick pits footings and similar Fill cannot be classified as VENM Fill has an increased likelihood of being contaminated (compared to natural soils) and will predominantly be classifiable for offsite disposal as GSW Special Waste RSW or HW Some materials such as road base or crushed concrete may be recoverable under generic or specific RRERRO arrangements

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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SM-20-00040677 Waste Classification Procedure V30

Naturally Occuring Soils ndash Soil which has not been significantly disturbed by human activities Naturally occurring soils may be residual soil sediments aeolian or other In the majority of cases naturally occurring soils will be classifiable as VENM or ENM for offsite reuse However where overlying contamination in Fill has leached and caused contamination of underlying natural soils where point sources of contamination are present (such as industrial facilities or fuel storage facilities) or where significant groundwater contamination has migrated into the area offsite reuse may not be appropriate and other classifications such as GSW RSW or HW may be applicable Where evidence of potential contamination exists spoil is required to be sampled and classified in accordance with NSW EPA (2014) Waste Classification Guidelines

Rock ndash Rock in-situ will in the majority of scenarios be classifiable as VENM or ENM unless significant contamination is present in overlying soils or significant contamination has migrated to the rock within groundwater Where the excavation of rock involves the use of additives (for example to facilitate tunnel boring) the material would no longer be classifiable as VENM or ENM and would instead likely be classifiable as GSW A project specific RRERRO would then be required to allow for offsite reuse

The type of material (ie geological unit) excavated during works will provide guidance on implementing the spoil classification framework in regard to reuse opportunities

Reuse Onsite ndash Any of the material excavated which is Fill a Natural Occurring Soil or Rock may be suitable for reuse on the project site Wherever reuse onsite is to occur the material does not require classification in accordance with the NSW EPA (2014) Waste Classification Guidelines Instead the material must be validated as being suitable for the final land use at the placement location in accordance with EPA guidelines made or approved under the CLM Act and the material must not cause pollution under the POEO Act For clarity the classifications GSW RSW and HW have no direct relationship to the potential for reuse of materials on the project site

Reuse Offsite ndash With the exception of Fill it is likely that the majority of spoil will be suitable from an environmental perspective for reuse off-site Specifically all VENM ENM and material to which an RRERRO apply will be suitable (from a legislative and environmental perspective) for reuse at an offsite location

16 Unexpected Finds Protocol

This section provides guidance on implementing the Unexpected Finds Protocol (UFP) which is detailed in the attached Figure 2 The purpose of the UFP is to provide a clear procedure in the event of an unexpected find of contamination or potential contamination The UFP is only to be implemented following an unexpected find The handling of known contamination should already be addressed in construction and environmental management plans

Key indicators of potential contamination include (but are not limited to)

Fibrous cement or other asbestos containing materials

Discolouration of soil

Odours from soil andor groundwater

Buried drums or underground storage tanks and

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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SM-20-00040677 Waste Classification Procedure V30

Oily sheen on water

Should any of the above be discovered and is considered to be unexpected then the UFP in Figure 2 will need to be implemented

An explanation of key actions within the UFP is provided below

Notifying the Site Supervisor ndash Site Supervisor or an appropriate delegate are to be made aware of the find immediately

Securing the affected area ndash This includes restricting access to the area and implementing appropriate environmental controls around affected area in minimise risk to the environment and human health Examples of controls include barricading the affected area the diversion of water to minimise potential spread via surface water runoff covering the area re-burying andor wet-down Environmental controls are to be implemented appropriately in regard to the contamination source and site conditions

Emergency Response ndash In the event that the find presents andor creates health or environmental concerns which would require an emergency response call 000 andor implement the projects incident response and reporting process

Notify Principal or Sydney Metro ndash The Principalrsquos Representative and the Environmental Representative must be notified of the unexpected find

Recommence works ndash Works can be recommenced in an alternate area where practicable and where it is safe to do so

Assessment ndash The potential for any ongoing risk to the environment or human health during construction or operation of the site and whether or not the agreed scope appropriately manages the contamination will need to be assessed by a competent and qualified person (ie a contaminated land specialist or in the case of asbestos a hygienist or asbestos assessor)

Material Classification ndash Contaminated materials which are to be removed from the site are to be classified in accordance with the NSW EPA Waste Classification Guidelines and the Spoil Classification Framework detailed in this document See Figure 1 and Table 1

An unexpected find may result in additional works being required for the remediation of contaminated materials which fall outside of the current scope of the project Any such works will need to comply will all relevant legislation and guidelines and will require appropriately qualified persons to prepare the methodology and controls Any such works will require approval from Sydney Metro

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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SM-20-00040677 Waste Classification Procedure V30

Spoil classification process flow

Syd

ne

y M

etr

oN

SW

EP

A W

aste

Gu

ide

line

s C

lassific

ation

ndash P

art

1 (

20

14)

Syd

ne

y M

etr

o

Additional inputs or information requirementsProcess

Is there an opportunity to re-use the spoil

on site

Is there an opportunity to use the spoil at

an offsite locat ion

Can the spoil be recycled

The spoil must be classif ied in accordance with the NSW Environmental Protection Authority (EPA) Waste Classification

Guidelines

1) Is the waste Special Waste ie does the waste contain asbestos Refer to the Protection of the Environment Operations

(POEO) Act and Waste Regulation Part 4 Management of Special Waste

2) Is the waste Liquid Waste

3) Is the waste pre-classified

4) Does the waste have hazardous

characteristics

5) Classify by chemical assessment Waste generators must chemically assess their waste in accordance with Step 5 of the Waste

Classification Guidelines to determine the waste s classification where it has not been classified under Steps 1 to 4 of the Guidelines

Re-use onsite Cost time and engineering requirements to be

considered as well as environmental risks before placement

Re-use offsite To allow offsite use the material mist be classifiable

VENM ENM or be subject to Resource Recovery Exemption and Order

No matter the classification the offsite location must conf irm it can legally

accept the spoil

Recycle offsite The spoil must go to a licenced treatment facility and

must meet the specific requirements of that facilities licence

Liquid waste The waste is not spadable andor becomes free-flowing

at or below 60 degrees Celsius or when it is transported

Pre-classified waste Refer to NSW EPA Waste Classif ication guidelines

for pre-classificat ions of Hazardous Wastes General Solid Waste

Dangerous goods Meets Dangerous Goods Classificat ion for classes 1

2 41 42 43 5 61 and 8

The waste has been classified in accordance with the Waste Guidelines and is ready to be transported offsite Prior to transport

the following must be confirmed and all relevant requirements met

Is the landfill or facility licenced to accept the type of waste

Is the waste subject to waste tracking requirements under the POEO Act or any other regulation

Is the transport contractor licenced to carry the waste as classified

6) Is the waste putrescible

Sampling under Step 5 must meet the requirements of the NSW Waste Classification Guidelines

Sampling can be in-situ (ie prior to excavat ion) or ex-situ (from stockpiles after excavation) but in both

scenarios

Sampling density is to as a minimum meet the sampling densities recommended in the Victorian

EPA soil sampling guidance

httpsrefepavicgovau~mediaPublicationsIWRG702pdf

Analytes must reflect the contaminants of concern likely to be present at the site and as a

minimum consider Asbestos Metals TPH BTEX PAHs and PFAS Other side specific

contaminants may include hexavalent chromium PCBs pesticides etc

If retained onsite the Waste Classif ications Guidelines do not apply BUT the material must be suitable

from a human health and environment perspective to remain This requires assessment against the

NEPM and may include visual inspections or sampling and analysis The input of an appropriately

qualified professional is required prior to the re-use of any fill or potentially contaminated spoil

Once the spoil is removed from the site it becomes Waste All waste must be transported to a facility

that is licenced to accept it VENM ENM andor Resource Recovery ExemptionsOrders impart specific

requirements regarding assessment sampling analysis classificat ion and use of these types of spoil

The requirements regarding sampling and record retention must be adhered to

Once spoil is removed from the site it becomes Waste All Waste must be classified in accordance with

the NSW EPA Waste Classification Guidelines and be transported to a facility licenced to accept it

Note that whether or not the asbestos is present further classif ication is required under Steps 2 to 6 of

the EPA Waste Classification Guidelines

Yes or No

General solid waste restricted waste or hazardous waste

No

Yes

Yes

Yes

Yes or No

Yes

Yes

Yes

No

No

No

No

No

Figure 1 Spoil Classification process flow

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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SM-20-00040677 Waste Classification Procedure V30

Table 1 Spoil Classification process flow

Decision Criteria InputsData ControlsReview

Reuse of the material on or within the approved project area

Most preferred option under WARR Act and Sydney Metro environment and sustainability policy

Suitable placement locations have been identified

The material is suitable for the final land use at the placement location in accordance with EPA guidelines made or approved under the CLM Act and will not cause pollution under the POEO Act

The spoil meets engineering requirements for placement locations

Where spoil or demolition materials require treatment or processing onsite to treat contaminants or to amend engineering properties the need for an EPL must be assessed and resulting conditions met

If transport to another project area is required and such transport requires material to be taken outside the site boundary temporarily this will need to be appropriately address in the projectrsquos environmental approvals (eg EIS or REF)

Appropriate risk-based assessment confirms the material is suitable for proposed final land use from a contamination perspective

Appropriate geotechnical assessment confirms the material is suitable for proposed final land use

EPL if required for onsite processing

Complete material tracking record including documentation of final placement location

Environmental controls to prevent cross-contamination of material prior to placement and pollution during placement

Training of relevant personnel in spoil reuse framework and underlying management plans

Audits of sampling data tracking and placement information and reuse locationssites

Long-term management plan and monitoring andor Environmental Protection Licence under the POEO Act (if required)

Reuse of the material off site

Spoil becomes waste under POEO Act once removed from site

Material meets VENM definition

Suitable off site reuse locations have been identified and sites have the necessary approvals to accept the material

Assessment confirms material is VENM Sampling may be required depending on nature of material and source

Receival site provides confirmation that waste can be accepted

Approval under EPampA Act or EPL

Section 143 certificate

Material tracking record from the Metro site to the receival site

Environmental controls to prevent pollution during transport

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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SM-20-00040677 Waste Classification Procedure V30

Decision Criteria InputsData ControlsReview

Material meets ENM definition

Suitable off site reuse locations have been identified and sites have the necessary approvals to accept the material

Sampling conducted in accordance with ENM RRO prior to transport off site and results meet criteria

Statement of RRO compliance provided to each receival site

Receival site provides confirmation that waste can be accepted

Approval under EPampA Act or EPL

Section 143 certificate

Meets RRE conditions

Material tracking record from the Metro site to the receival site

Environmental controls to prevent pollution during transport

RRO records maintained for six years including details of sampling plan sampling results quantities supplied and receival sites

Material does not meet VENM or ENM definitions but has potential for reuse under a specific RRORRE An example is tunnel spoil containing additives

Suitable off site reuse locations have been identified and sites have the necessary approvals to accept the material

Consult with the EPA prepare and submit application for specific RRORRE Characterisation data will be required for the application

Once specific RRORRE is granted obtain sampling data (and meet any other specific obligations) in accordance with conditions and confirm results meet criteria prior to transport off site

Statement of compliance provided to each receival site

Receival site provides confirmation that waste can be accepted

Approval under EPampA Act or EPL

Section 143 certificate

Meets RRE conditions

As for reuse on site plus

Statement of compliance provided to each receival site

RRO records maintained for six years

Recycling off site

Material (spoil and demolition materials) becomes waste under POEO Act once removed from site

Material meets the EPL andor planning approval requirements for the receival facility and has value for recycling

Suitable receival facilities have been identified and sites have the necessary approvals to accept the material

Assessmentsampling confirms the material meets the receival facility EPL conditions (typically GSW)

Appropriate EPL held by receival facility

Receival facility has confirmed waste can be accepted

As for reuse on site plus

Waste tracking documentation depending on waste type

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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SM-20-00040677 Waste Classification Procedure V30

Decision Criteria InputsData ControlsReview

Disposal off site

Material does not fit one of the above categories andor suitable reuse or recycling locations could not be identified

Least preferred option

Waste is classified as GSW RSW or Special Waste

Suitable receival facilities have been identified and sites have the necessary approvals to accept the material

Pre-classification or sampling results to classify material in accordance with NSW EPA (2014) Waste Classification Guidelines

Appropriate EPL held by receival facilities

Receival facility has confirmed waste can be accepted

As for reuse on site plus

Waste tracking documentation depending on waste type

Waste is classified as HW

Suitable treatment facilities have been identified and sites have the necessary approvals to accept the material

Pre-classification or sampling results to classify material in accordance with NSW EPA (2014) Waste Classification Guidelines

Appropriate EPL held by treatment facilities

Treatment facility has confirmed waste can be accepted

As for reuse on site plus

Waste tracking treatment and disposal documentation

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 13 of 14

SM-20-00040677 Waste Classification Procedure V30

Unexpected find process flow

Flo

w

Process Additional information

Unexpected potential

contamination find1 Immediate ly stop works

2 Notify the Site supervisor 3 Secure the affected area

Is an emergency

response required for any

health or environment

concerns

4b Notify Principal s Rep and

Environmenta l Rep

4a Trigger pro ject incident response and

reporting mechanism andor call 000

5b Inform the

Principal s Rep

Does the

contamination

present and ongoing risk to

environment or human

health dur ing

construction or

operation

Will the

agreed scope result in the

complete removal of the

contamination

Does the

disposal of the unexpected

find result in addi tional costs

to the Principa l

5a Materials to be classified in

accordance with the NSW EPA Waste

Classification Guidel ines (2014) (see

Figure 1 Spoil classification flow)

6a Inform the

Principal s Rep

6b Dispose of the material in

accordance with all relevant legislation

the project Spoil Classification amp

Management Framework and any

relevant directions from Sydney Metro

6c Develop

appropriate

methodology

plans to

manage the

contamination

and implement

Indicators of potentia l

contamination include

Fibre cement or other asbestos

containing materials

Discolouration of the so il

including staining andor

discolouration

Odours from soil or

groundwaterseepage

Bur ied drums and storage tanks

Oily sheen on water

Note this does not include on-

site contamination

Securing of the area should restrict

access to the affected area This

should include as a min imum

environmenta l controls around the

affected area to contain

contaminated material including

diversion of water to minimise

potential spread via surface water

runoff

Where contaminants are likely to

result in odours vapours or

airborne asbestos fibres immediate

action should be taken to prevent

their release (eg cover re-bury or

wet-down

Recommence works in alternate

area where practicable and safe

Assessment to be conducted by

suitably qualified and experienced

person

Methodology controls and p lans

are to be prepared by a sui tab ly

qualified and experienced person

and approved by Sydney Metro

prior to being actioned

Works may continue in the affected

area when it is safe and where

works will not exacerbate

contamination or hinder future

remediation works

Note Remediation of contaminated

materials may include (but not be

limited to) capping of

contaminating treatment andor off-

site disposal All associated

activities with the remediation of

contaminated materials such as

excavation handling stockpiling

and transport are to be addressed

an prepared methodology and

controls

Yes

No

Yes or unsure

No

No or unsure

Yes

Yes

No

Figure 2 Unexpected find process flow

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 14 of 14

SM-20-00040677 Waste Classification Procedure V30

17 Accountabilities

The Director Program Sustainability Environment amp Planning is accountable for this document including approving the document monitoring its effectiveness and performing a formal document review

Direct Reports to the Chief Executive are accountable for ensuring the requirements of this document are implemented within their area of responsibility

Direct Reports to the Chief Executive who are accountable for specific projectsprograms are accountable for ensuring associated contractors comply with the requirements of this document

2 Related documents and references

3 Superseded documents

4 Document history

Related documents and references

Entries should be formatted with IMSiCentral number followed by correct title and hyperlinked eg

SM-17-00000203 Sydney Metro glossary

Superseded Documents

There are no documents superseded as a result of this document

Version Date of approval Notes

02 Pending New IMS document

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CEMP Bays Road Relocation Works

Appendix 2- Soil and Water Management Sub Plan Responsibility

Objectives amp Targets

Refer to the Site Objectives amp Targets (section 57 of this CEMP) Minimise pollution of surface water through appropriate erosion and sediment control Minimise leaks and spills from construction activities Maintain existing water quality of surrounding surface watercourses Source construction water from non-potable sources where feasible and reasonable

Project Manager

Performance Criteria

100 Compliance with Client amp legal requirements 100 achievement with Site Objectives amp Targets 100 achievement of relevant Sydney Metro CEMF objectives

Project Manager

Mitigation Measures

General Erosion and sediment measures would be implemented in accordance with the principles and

requirements in Managing Urban Stormwater ndash Soils and Construction Volume 1 (Landcom 2004) and Volume 2D (NSW Department of Environment Climate Change and Water 2008)

Project Manager

Training and Competency

As part of the Site Induction workers will be informed of any significant water aspects and Site specific controls to minimise potential impacts

Emergency Management Team members will be provided training to respond to a discharge of contaminated water or hazardous substances into the environment

Project Manager

Notification The Site will not modify or remove any water utility assets without their approval Notification

of approval will be received by Sydney Water with a copy of authorisation Notification to the asset owner will be given as per their conditions of compliance

Project Engineer

ESCP

ESCPrsquos will be developed by construction staff with demonstrated skills and experience in preparing the ESCP in accordance with the Blue Book Guidelines ESCPrsquos plans will include but not be limited to

Title date and revision number Contours and clean and dirty water drainage paths Site layout including the location of access roads ancillary infrastructure Sediment basins and designated pump out locations Limit of disturbance Location and type of control measures Timing and order of control installation in sequence with work activities Specific construction details

Environmental Site Representative

Erosion and sediment control

The following key principals will apply to all areas and stages of construction on the Project

Minimise extent and duration of disturbance Control stormwater flows onto through and from the site

Project Engineer Supervisor

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CEMP Bays Road Relocation Works

Appendix 2- Soil and Water Management Sub Plan Responsibility

Erosion control strategies to prevent on-site damage Sediment control strategies to prevent off-site damage Progressive stabilisation following completion of work areas Inspection Maintenance and Improvement of control measures throughout the site construction

until the site is successfully stabilised

Dewatering

Sediment laden water accumulated in trenches or excavations must not be discharged directly or indirectly to any stormwater natural watercourse or offsite

A suitable location to discharge will be identified considering site slope proximity to drainage lines soil permeability and ground cover ie well established existing vegetation

The water must be tested prior to any discharge by the Environmental Site Representative and may require treatment prior to discharge

Project Engineer Environmental Site Representative

Groundwater

Groundwater is unlikely to be intercepted during any excavation within the road footprint Deeper excavations for stormwater trenching may intercept groundwater however a method of pipe installation during low tide will removed the need for dewatering

If groundwater dewatering is required then a dewatering management plan should be developed

PlantVehicle Maintenance

The maintenance and cleaning of any vehicles plant or equipment must not be carried out in areas from which contaminants can be released into stormwater or natural watercourses

All

Acid Sulfate Soils

Prior to excavation for the Stormwater trench which will occur approximately 25m bgs testing would be carried out to determine the presence of actual andor potential acid sulfate soils

Testing for the presence of ASS shall be undertaken at proposed excavation locations and shall apply the following methodology Dig holes to the proposed depth of excavation conduct ASS pH field tests on material from the hole at 05m depth intervals and then conduct a SPOCAS plus or chromium suites on the most acidic ASS pH field test sample from the hole The testing and sampling to be undertaken in accordance with ASSMAC Laboratory method Guideline Aug 1998

If actual andor potential acid sulfate soils are present within the proposed area of excavation then an Acid Sulfate Management Plan will be developed in accordance with the Acid Sulfate Soil Manual (Acid Sulfate Soil Management Advisory Committee 1998)

Project Engineer Environmental Site Representative

Water Discharge requirements

An Environmental Protection Licence (EPL) is not required for the project however Georgiou will test any water to be discharged offsite in accordance with the water quality parameters specified in the Blue Book (Landcom 2004) and ANZECCARMCANZ (2000) guidelines prior to discharge to ensure an incident of pollution to surrounding environment does not occur from the Project

Environmental Site Representative

Monitoring of Discharges

Waters released from site must be sampled prior to release The samples taken must be representative of the water being discharged

Project Engineer HSE Advisor

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CEMP Bays Road Relocation Works

Appendix 2- Soil and Water Management Sub Plan Responsibility

Environmental Inspections amp Monitoring

The results of monitoring shall be recorded Environmental Site Representative

Daily (Visual) and weekly (documented)

Daily visual observation for evidence of water quality impacts including turbidity or hydrocarbon spills

Weekly inspections using Georgiou Beakon inspection form

Supervisor HSE Advisor

Reporting HSEQ Monthly Management Meeting Monthly Environmental Performance Report Dewatering records including all water quality test results

Project Manager

GC-HSE-PLA-437 Uncontrolled when saved or printed

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CEMP Bays Road Relocation Works

Appendix 3- Hydrocarbon and Chemical Management Sub Plan Responsibility

Objectives and Targets

Refer to the Site Objectives amp Targets (section 57 of this CEMP) Minimise leaks and spills from construction activities All chemicals correctly stored and bunded in accordance with legislative requirements Any spills are controlled contained cleaned up and reported

Project Manager

Performance Criteria

100 Compliance with Client amp legal requirements 100 achievement with Site Objectives amp targets 100 achievement of relevant Sydney Metro CEMF objectives

Project Manager

Mitigation Measures

General All fuels chemicals and hazardous liquids would be stored in accordance with Australian

standards and EPA Guidelines Any refuelling carried out on-site would be carried out in designated areas only and spill kits would be available as part of any worksite

Project Manager

Training and Competency

As part of the Site Induction workers will be informed of the Site specific controls required to

manage hydrocarbon and chemical storage and use including

- Use and understanding of safety data sheets (SDS) - Use of personal protective equipment (PPE)

Emergency Management Team members will be provided training to respond to a hazardous substance spill

Project Manager

Register

All dangerous goods or hazardous substances must be approved by HSE Advisor prior to use on the site

ChemAlert will be used to register all site dangerous goods and hazardous substances manage electronic SDS and conduct and record product risk assessments

Consideration will be given to substitute products assessed as a high risk with a product of lesser risk

Project ManagerSupervisor

Transportation Containers holding hazardous substances or dangerous goods will be stored upright and secured

during transport Containers are not to be dropped tip or rolled sides The transportation of dangerous goods will be by licenced carriers

Project Engineer

Handling amp Use

Handling of products will be subject to the following requirements Hazardous substances and dangerous goods will be clearly labelled Current SDS (no older than 5 years) will be readily available when handling Controls stipulated in the SDS to be applied when handling and using Used oily rags oil filters and other left over hydrocarbon and chemical products hall be stored in

a designated area and removed by licensed carriers to either recycle or otherwise dispose of

All

Refuelling Refuelling of plant and vehicles must be monitored continually and conducted in designated areas

away from sensitive receptors

All in field refuelling must have a spill kits available to contain and clean up any spills

All

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CEMP Bays Road Relocation Works

Appendix 3- Hydrocarbon and Chemical Management Sub Plan Responsibility

Spill kits shall be stored in designated amp labelled containers and include a stock control register

All refuelling areas must be signed to prevent smoking or naked flame

Vehicles must be switched off when refuelling and the use of mobile phones prohibited

Fixed refuelling areas must have a plastic lined refuelling area

Fuel storage containers must be of a double bund construction

Site layout

Georgiou will develop a site plan (ie a diagram) showing the location of storage areas spill kit locations muster points firefighting equipment and 1st aid equipment including eye washflush locations

This site plan must be current and displayed at the work site at all times throughout construction

In the event of an emergency that involves the need for emergency services this site plan along with a product manifest must be provided to the emergency services

Project Manager

Storage of Hazardous Materials

Any Dangerous Goods andor Hazardous Substance must be stored in designated areas compliant

with statutory and industry codes of practice

Quantities of hazardous materials should be kept to a minimum commensurate with their usage

and shelf life

Safety Data Sheets of stored hazardous materials will be readily accessible at the place of

storagesite office

Permanent and temporary containers that hold hazardous materials must be labelled with the

appropriate signage

The volume and types of hazardous materials stored must be known current and documented and

must not exceed the design capacity of the storage area

Storage and containment areas (including secondary containment) must be inspected for signs of

loss or damage and any deficiencies must be addressed These areas must be inspected at least

monthly as part of the workplace inspection

Hazardous materials no longer in use must be identified and assessed to determine if they should

be removed from site

Hazardous materials storage areas must be kept clear of combustible material vegetation and refuse by a minimum of three metres

All

SpillEmergency Response

In the event of a spill the following generic procedure must be followed

1 Do not put yourself at risk 2 Notify personnel in the immediate area and remove yourself and others from danger 3 Report ALL SPILLS immediately to the Supervisor and Environmental Site Representative

(report location type and extent of incident)

All

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CEMP Bays Road Relocation Works

Appendix 3- Hydrocarbon and Chemical Management Sub Plan Responsibility

Once safety has been considered spills should be contained and cleaned up with material from the spill kit All contaminated soil caused by leaks or spills to be disposed of in accordance with legal requirements Any uncontrolled release of hazardous substances which cause actual or threatens potential serious or material environmental harm will be reported to the EPA pollution hotline

Workplace Inspections

Hazardous Materials storage and use will be inspected monthly as part of workplace inspections amp within the DHI Environmental Inspections checklist

Supervisors

Concrete

Designated concrete washout should be constructed and designated to be impermeable and securely fastened

Placed away from waterways drainage lines and stormwater inlets Sufficient storage to handle concrete works occurring onsite When the concrete is dried it will be disposed of with general waste mixed into fill layers (if

approved by client) or recycled At no point will any Concrete truck or kibble be permitted to wash out at any point other than the

designated area with all the associated controls in place (unless approved by the environmental site representative)

Excess concrete should be scraped off equipment prior to washing (allow excess to set and recycle offsite or reuse in fill if itrsquos not contaminated with black plastic)

Set concrete should be removed from the washout to restore storage capacity and prevent overflows

Use of a high pressure low volume water spray nozzle may reduce water use All wastewater must be disposed of in accordance with the project CEMP dewatering conditions

Maintenance of the washout Monitoring and maintenance of concrete washouts is essential to ensure the washout is functional no evidence of damage or wear and tear is evident and that adequate storage capacity remains In addition to daily inspections washout areas should be inspected

During dry weather and

Prior to during and after rainfall and storm events

SupervisorEnvironmental Site Representative

Environmental Inspections amp Monitoring

Daily (Visual) and weekly (documented)

General observation for evidence of spills or poor storage practice with potential to lead environmental incident

Hazardous goods storage area inspection for adequacy of bunding and product loss Weekly inspections using Georgiou Beakon inspection form

All staff

GC-HSE-PLA-437 Uncontrolled when saved or printed

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CEMP Bays Road Relocation Works

Appendix 3- Hydrocarbon and Chemical Management Sub Plan Responsibility

Reporting HSEQ Monthly Management Meeting Monthly Environmental Performance Report

Project Manager

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 50 of 80

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CEMP Bays Road Relocation Works

Appendix 4 - Flora amp Fauna Management Sub Plan Responsibility

Objectives

and Targets

Refer to the Site Objectives amp Targets (section 57 of this CEMP) Minimise impacts on flora and fauna Retain and enhance existing flora and fauna habitat wherever possible Appropriately manage the spread of weeds and plant pathogens

Project Manager

Performance

Criteria

100 compliance with Client amp legal requirements

100 achievement with Site Objectives amp Targets

100 achievement of relevant Sydney Metro CEMF objectives

Project Manager

Mitigation

Measures

General Vehicles equipment plant materials and personnel are to remain within the designated construction

area at all times and not breach established environmentally sensitive exclusion zones All

Training and

Competency

As part of the Site Induction workers will be informed of the Site specific controls required to minimise potential impacts and protect flora and fauna including - the requirement to work within the designated disturbance zones - requirement to recognise protected flora or fauna species identified to be found on the site - tree protection zones - Specific licence conditions applicable to the Site

Project Manager

Fauna habitat

Prior to clearing pre-clearance surveys are to occur to identify individual trees to be retained and any hollow bearing trees and logs

Where possible clearance should avoid hollow bearing trees Where unavoidable hollow bearing trees should be flagged and left standing at least 24 hours

after clearing all other vegetation Excavator operator to lsquotaprsquo tree prior to felling hollow bearing trees to allow for fauna to escape Ecologist (or similar) to be present onside during clearing of hollow bearing trees to handle any

displaced fauna In the event of injury to fauna WIRES or similar to be contacted and suitable arrangements made

NOTE Handling of any active animal breeding place is only permitted to be conducted by an authorised fauna handler operating under a current permit granted in accordance with legislative requirements

All

Authorisation amp Compliance

Georgiou will not clear vegetation without written permission from the Client local Shire or relevant Regulatory Authority All clearing works under a permit approval or licence will be compliant with the conditions of permit approvals or licence and within the predetermined area

In the event of any unauthorised clearing works will cease immediately and the Project Manager client will be notified Unauthorised clearing of areas will be investigated immediately

Project Engineer

GC-HSE-PLA-437 Uncontrolled when saved or printed

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CEMP Bays Road Relocation Works

Appendix 4 - Flora amp Fauna Management Sub Plan Responsibility

Marking

The Project Engineer will ensure the area to be cleared is clearly marked (eg pegging) and areas of vegetation or trees nominated to be excluded from the clearing works are to be visually identifiable to all personnel involved in the works

The method of marking is to be communicated to all persons involved in the clearing process All control measures are to be communicated to personnel involved in the tasks

All

Flora

Flora that is to be protected will be clearly marked using a method that will not harm or damage A Tree protection Zone (TPZ) is to be established for any trees on a construction site that are to

be protected This is to be fenced off or barricaded to ensure construction activities do not cause damage to the root plate of the tree

Native vegetation should be protected where reasonably possible Large areas that are to be protected from Site works will be demarcated to prevent intrusion and disturbance This requirement is to be communicated to personnel involved within the site area

When the pruning of trees is to be undertaken that are to be protected it will be done by suitably qualified personnel only Where branches are trimmed an assessment of the trees ability to survive should be conducted by a suitably qualified person and adequate area around the tree in accordance with AS49702009 Protection of trees of development sites

Trees should be felled into the construction site or in slots between stands of trees where practical to minimise damage to other trees during the clearing process Machinery contact with standing trees on vegetated margins is to be avoided

The clearing of vegetation outside the construction area will not be permitted except in the event of an emergency or as directed by emergency services

All

Fauna

If fauna are confirmed to be present onsite during clearing clearing works should proceed with care to enable the fauna to relocate freely Clearing is to be conducted in a sequential manner and in a way that encourages escaping wildlife away from the activity into adjacent natural areas and not across roads or into other areas of threat (eg trench)

All

Trenches

All open excavations and trenches will be visually inspected on a daily basis for trapped fauna Surveillance must occur along the entire length of the trench or excavated area and not merely those areas described as fauna habitats or sensitive areas Open trenches are to be checked for fauna immediately prior to backfill and any trapped animals removed by authorised fauna handlers

All

Fauna Handling

Fauna will not be intentionally harmed or maimed under State wildlife protection legislation This includes aquatic and terrestrial fauna (land and air animals)

Workers are not authorised handleto be in possession of native fauna The trapping and handling of fauna in particular dangerous species will only be undertaken by a competent qualified fauna handler

All

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Always refer to GENIE for latest version

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CEMP Bays Road Relocation Works

Appendix 4 - Flora amp Fauna Management Sub Plan Responsibility

Fire Management

Georgiou will not set fire to bush or use spark generating machinery (eg graders) during a prohibited or restricted burning time

If safe to do so Georgiou will extinguish any bush fire within the site boundary and request help from authorities if necessary Fire breaks will be established as requested by authorities

Project Manager

Environmental

Inspections amp

Monitoring

Daily (Visual) and weekly

(documented)

General observation for clearing boundary demarcation Weekly inspections using Georgiou Beakon inspection form

All staff

Reporting HSEQ Monthly Management Meeting Monthly Environmental Performance Report

Project Manager

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

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CEMP Bays Road Relocation Works

Appendix 5 - Cultural Heritage Management Sub Plan Responsibility

Objectives amp Targets

Refer to the Site Objectives amp Targets (section 57 of this CEMP) Minimise impacts on items or places of heritage value Avoid accidental impacts on heritage items Maximise workerrsquos awareness of indigenous and non-indigenous heritage

Project Manager

Performance Criteria

100 Compliance with Client amp legal requirements 100 achievement with Site Objectives amp targets 100 achievement of relevant Sydney Metro CEMF objectives

Project Manager

Mitigation Measures

General Maintain the integrity of the cultural (European amp Indigenous) aspects of the Site

Project Manager

Training and Competency

As part of the Site Induction workers will be informed of any identified cultural or heritage aspects on the Site and any specific controls to be adhered including - Management practices when working near protected areas - Respecting Heritage Sites - Reporting requirements

Georgiou personnel will participate in the Companyrsquos cross cultural awareness training for employees

Project Manager

Heritage Sites There are s170 heritage listed Glebe Island silos (Port Authority of NSW s170 4560056) that are approximately 5m from the edge of works

Project Engineer

Method statement

In accordance with the REF an Archaeological Work Method Statement would be prepared and implemented where excavation is required The Archaeological Work Method Statement would outline the requirements of archaeological monitoring and recording where archaeological remains of potential local significance may be impacted

Sydney Metro

Unexpected heritage finds

In the event that an artefact or remains are found the Sydney Metro Unexpected Heritage Finds procedure (Appendix 5A) will be followed this includes - The works in that area will cease immediately - The Project Manager and Sydney Metro must be notified - The site must be made secure a buffer zone of ten meters is recommended - Sydney Metro to provide management recommendations

Georgiou will notify all site personnel of the object andor area and proposed treatment of that object andor area as soon as possible but prior to commencing work on the next working day

Works will not continue until written approval has been received from the client

All

discovery of human remains

In the event that human remains are found the Sydney Metro Exhumation Management procedure will be followed (Appendix 5B)

All

GC-HSE-PLA-437 Uncontrolled when saved or printed

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CEMP Bays Road Relocation Works

Environmental Inspections amp Monitoring

Building condition inspections Building condition inspections will be undertaken in accordance with REF condition NV3 Sydney Metro

Vibration Monitoring

Continuous vibration monitoring will occur during any vibratory works in close proximity to the Glebe Island silos in accordance with the Sydney Metro Construction Noise and Vibration Standard

Environmental Site Representative

Daily (Visual) and weekly (documented)

General observation for that protection measures and methods are being applied Weekly inspections using Georgiou Beakon inspection form

All staff

Reporting HSEQ Monthly Management Meeting Monthly Environmental Performance Report

Project Manager

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

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CEMP Bays Road Relocation Works

Appendix 5A ndash Sydney Metro Unexpected Heritage Finds Procedure

Sydney Metro Unexpected

Heritage Finds Procedure [SM-18-00105232]

Sydney Metro Integrated Management System (IMS)

Applicable to Sydney Metro

Document Owner Senior Heritage Advisor

System Owner Environment Sustainability and Planning

Status Final

Version 33

Date of issue June 2020

Review date June 2021

copy Sydney Metro 2018

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Unclassified

Sydney Metro Unexpected Finds Procedure V20

copy Sydney Metro 2018 Page 2 of 34

Document history

Version Date of approval Notes

11 Incorporates ER comments 210617

12 Amends p13 step 8 reference to s146 added

13 Incorporates Planning Mods 1-4 including amended CoA E20

14 Incorporates ER comments 210318

20 Removes SSI 15-7400 COA reference

30 Revises definition

31 Revises flow chart

32 Revises roles and responsibilities

33 General edits and corrections

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Unclassified

Sydney Metro Unexpected Finds Procedure V20

copy Sydney Metro 2018 Page 3 of 34

Table of contents

1 Purpose 3

11 Legislation that does not apply 3

2 Scope 4

3 Definitions 4

4 Types of unexpected heritage items and corresponding statutory protections 5

41 Aboriginal objects 5

42 Historic heritage items 6

43 Human skeletal remains 7

5 Legislative Requirements 7

6 Unexpected heritage finds protocol 9

7 Responsibilities 15

8 Seeking Advice 16

9 Related documents and references 16

10 List of appendices 16

11 Document history 17

Appendix 1 Examples of finds encountered during construction works 18

Appendix 2 - Unexpected heritage item recording form 24

Appendix 3 - Photographing unexpected heritage items 26

Appendix 4 - Uncovering bones 29

Appendix 5 - Archaeologicalheritage advice checklist 33

Appendix 6 - Template notification letter 34

Tables

Table 1 Legislation and guidelines for management of unexpected heritage finds 8 Table 2 Specific tasks to be implemented following the discovery of an unexpected heritage item 10 Table 3 Roles and Responsibilities 15

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Unclassified

Sydney Metro Unexpected Finds Procedure V20

copy Sydney Metro 2018 Page 4 of 34

1 Purpose

This procedure is applicable to the Sydney Metro program of works including major projects delivered under Critical State Significant Infrastructure (CSSI) Planning Approvals early CSSI minor and enabling works and works that are subject to the NSW Heritage Act (1977) including s57139 and s60140 exemptions and permit approvals and the National Parks and Wildlife (NPW) Act 1974

This procedure has been prepared for Sydney Metro programs to provide a method for managing unexpected heritage items (both Aboriginal and non-Aboriginal) that are discovered during preconstruction (pre-Construction Heritage Management Plan approval) construction phases (post Construction Heritage Management Plan approval) and for works subject to the NSW Heritage Act (1977)

In NSW there are strict laws to protect and manage heritage objects and relics As a result appropriate heritage management measures need to be implemented to minimise impacts on heritage values ensure compliance with relevant heritage notification and other obligations and to minimise the risk of penalties to individuals Sydney Metro and its contractors This procedure includes Sydney Metrorsquos heritage notification obligations under the Heritage Act NPW Act and the Coronerrsquos Act 2009 and the requirements of the conditions of approval(CoA) issued by NSW Department of Planning Industry and Environment Note that a Contractor must not amend the Sydney Metro Unexpected Finds Procedure or use a different procedure without the prior approval of Sydney Metro

This procedure must be read in conjunction with the relevant CCSI conditions of approval (if applicable) the contract documents and other plans and procedures including the Sydney Metro Exhumation Procedure in addition to any other relevant documents as developed by the contractor during the delivery of the Sydney Metro works

2 Definitions and Abbreviations

An unexpected heritage find is

any unanticipated discovery of an actual or potential heritage item which Sydney Metro does not have approval to disturb andor does not have an existing management process in place

a find that has not been previously identified or assessed

a find that is not referenced in an Archaeological Research Design (ARD) Archaeological Method Statement (AMS) or other project document relating to heritage and archaeology

not covered by an existing approval under the Heritage Act 1977 (Heritage Act) or National Parks and Wildlife Act 1974 (NPW Act)

Note that locally significant areas of historical archaeological potential identified in an Archaeological Method Statement but not identified in an Archaeological Research Design would be managed as an ldquoexpectedrdquo find

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Unclassified

Sydney Metro Unexpected Finds Procedure V20

copy Sydney Metro 2018 Page 5 of 34

All terminology in this procedure is taken to mean the generally accepted or dictionary definition with the exception of the following terms which have a specifically defined meaning

Definitions

AHIP Aboriginal Heritage Impact Permit

Aboriginal object An Aboriginal object is any deposit object or material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of the area being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction and includes Aboriginal remains An Aboriginal object may include a shell midden stone tools bones rock art Aboriginal-built fences and stockyards scarred trees and the remains of fringe camps

ARD Archaeological Research Design

AMS Archaeological Method Statement

CEMP Construction Environmental Management Plan

CoA Conditions of Approval

CSSD Critical State Significant Development

CSSI Critical State Significant Infrastructure

EPampA Act NSW Environmental Planning and Assessment Act 1979

Disturbance Disturbance is considered to be any physical interference to an item that results in it

being destroyed defaced damaged harmed impacted or altered in any way (this

includes archaeological investigation activities)

Excavation Director

A person that has been determined by the NSW Heritage Division to meet the Heritage Council of NSWrsquos Criteria for Assessment of Excavation Directors (4 September 2019 and as updated) and can therefore competently archaeologically investigate a site of either local andor state significance

Heritage Act NSW Heritage Act 1977

NPW Act NSW National Parks and Wildlife Act 1974

Heritage NSW Formerly Office of Environment and Heritage (OEH) Now Heritage NSW as part of PNSW Premier and Cabinet

SM Sydney Metro

Relic (non- Aboriginal heritage)

A relic means any deposit artefact object or material evidence that

a) relates to the settlement of the area that comprises NSW not being Aboriginal settlement and

b) is of State or local significance

A relic may include items such as bottles utensils remnants of clothing crockery

personal effects tools machinery and domestic or industrial refuse

TfNSW Transport for New South Wales

Work (non- Aboriginal heritage)

Archaeological features such as historic utilities or buried infrastructure that provide evidence of prior occupations such as former rail or tram tracks timber sleepers kerbing historic road pavement fences culverts historic pavement buried retaining walls cisterns conduits sheds or building foundations but are also subject to assessment by the Excavation Director to determine its classification

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Unclassified

Sydney Metro Unexpected Finds Procedure V20

copy Sydney Metro 2018 Page 6 of 34

21 Legislation that does not apply

The following authorisations are not required for Sydney Metro approved Critical State Significant Infrastructure (and accordingly the provisions of any Act that prohibits an activity without such an authority do not apply)

Division 8 of Part 6 of the Heritage Act 1977 does not apply to prevent or interfere with the carrying out of approved State significant infrastructure

An approval under Part 4 or an excavation permit under section 139 of the Heritage Act 1977 and

An Aboriginal heritage impact permit under section 90 of the National Parks and Wildlife Act 1974

This document provides relevant background information in Section 4 followed by the technical procedure in Sections 6 and 7 Associated guidance referred to in the procedure can be found in Appendices 1-6

3 Scope

Even with early investigations unexpected finds may still occur during works on a Sydney Metro site When this happens this procedure must be followed This procedure provides direction on when to stop work where to seek technical advice how to notify the regulator if required and when works can recommence This procedure applies to the discovery of any unexpected heritage item relic or object where the find is not anticipated in an approved ARD or AMS or other project specific document related to archaeology

This procedure must be followed by all Sydney Metro staff contractors subcontractors or any person undertaking works for Sydney Metro It includes references to some of the relevant legislative and regulatory requirements but is not intended to replace them This procedure does not apply to

the discovery and disturbance of heritage items as a result of investigations being undertaken in accordance with the Code of Practice for Archaeological Investigations of Aboriginal Objects in NSW4376 20101 an Aboriginal Heritage Impact Permit (AHIP) issued under the NPW Act or a permit approval issued under the Heritage Act

the discovery and disturbance of heritage items as a result of construction related activities where the disturbance is permissible in accordance with an AHIP or an approval issued under the Heritage Act or CSSI CSSD planning approval or

locally significant non-Aboriginal archaeology identified in an AMS and not in an ARD

1 An act carried out in accordance with the Code of Practice for Archaeological Investigation of Aboriginal Objects

in NSW as published by the Department in the Gazette on 24 September 2010 is excluded from the definition of harm an object or place in section 5 (1) of the NPW Act

Unclassified

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(Uncontrolled when printed)

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4 Types of unexpected heritage finds and corresponding statutory protections

Project field and environmental personnel (including construction contractors) are critical to the early identification and protection of unexpected finds

Appendix 1 illustrates the wide range of heritage items uncovered to date during Sydney Metro projects and gives an indicative guide to what unexpected finds may look like

These discoveries are categorised as either

(a) Aboriginal objects

(b) Historic (non-Aboriginal) heritage items or

(c) Human skeletal remains

The relevant legislation that applies to each of these categories is described below

41 Aboriginal objects

The NPW Act protects Aboriginal objects which are defined as

ldquoany deposit object or material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of the area that comprises New South Wales being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction and includes Aboriginal remainsrdquo2

Examples of Aboriginal objects include stone tool artefacts shell middens axe grinding grooves pigment or engraved rock art burials and scarred trees

42 Historic heritage items

Historic (non-Aboriginal) heritage items may include

Archaeological lsquorelicsrsquo or

Other historic items (ie works structures buildings or movable objects)

2 Section 5(1) NPW Act 3 This is required under section 89(A) of the NPW Act and applies to all Sydney Metro projects

IMPORTANT

All Aboriginal objects regardless of significance are protected under law

If any impact is expected to an Aboriginal object an AHIP is usually required from Heritage NSW When a person becomes aware of an Aboriginal object they must notify the Director-

General of Heritage NSW about its location3 Assistance on how to do this is provided in Section 7 (Step 5)

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421 Archaeological relics

The Heritage Act protects relics which are defined as ldquoany deposit artefact object or material evidence that relates to the settlement of the area that comprises NSW not being Aboriginal settlement and is of State or local heritage significancerdquo4

Relics are archaeological items of local or state significance which may relate to past domestic industrial or agricultural activities in NSW and can include bottles remnants of clothing pottery building materials and general refuse

422 Other historic items

Some historic heritage items are not considered to be lsquorelicsrsquo but are instead referred to as works buildings structures or movable objects Examples of these items that may be encountered include culverts historic pavements retaining walls tramlines rail tracks turn tables timber sleepers cisterns fences sheds buildings and conduits Although an approval under the Heritage Act may not be required to disturb these items their discovery must be managed in accordance with this procedure

Usually archaeological relics are uncovered via a process of excavation or soil removal When an unexpected find is uncovered an archaeological excavation permit under section 140 or section 60 of the Heritage Act may be required to further investigate or remove it if investigation is not covered by an existing approval In contrast lsquoother historic itemsrsquo either exist above the ground surface (for example a shed) or they are designed to operate and exist beneath the ground surface (for example a culvert)They may also need a permit to alter disturb or remove them if there is not an approval already in place

4 Section 4(1) Heritage Act

5 This is required under section 146 of the Heritage Act and applies to all Sydney Metro projects

IMPORTANT

All relics are subject to statutory controls and protections

If a relic is likely to be disturbed a heritage approval is usually required from the NSW Heritage Council When a person discovers a relic they must notify the NSW Heritage

Council of its location5

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43 Human skeletal remains

The Sydney Metro Exhumation Procedure provides a more detailed explanation of the approval processes related to human remains

Human skeletal remains can be identified as either an Aboriginal object or non-Aboriginal relic depending on the ancestry of the individual (Aboriginal or non-Aboriginal) and the burial context (archaeological or non-archaeological) Remains are considered to be archaeological when the time elapsed since death is suspected of being 100 years or more Depending on ancestry and context different legislation applies

As a simple example a pre-European settlement archaeological Aboriginal burial would be protected under the NPW Act while a historic (non-Aboriginal) archaeological burial within a cemetery would be protected under the Heritage Act For a non-Aboriginal archaeological burial the relevant heritage approval and notification requirement described in Appendix 4 would apply In addition to the NPW Act finding Aboriginal human remains also triggers notification requirements to the Commonwealth Minister for the Environment under section 20(1) of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Commonwealth)

Where it is suspected that less than 100 years has elapsed since death the human skeletal remains come under the jurisdiction of the State Coroner and the NSW Coroners Act 2009 Such cases are lsquoreportable deathsrsquo and under legal notification obligations set out in section 35(2) a person must report the death to a police officer a coroner or an assistant coroner as soon as possible This applies to all human remains less than 100 years old regardless of ancestry (whether Aboriginal or non-Aboriginal remains) Public health controls may also apply6

Guidance on what to do when suspected human remains are found is provided in Appendix 5

IMPORTANT

All human skeletal remains are subject to statutory controls and protections

All bones must be treated as potential human skeletal remains and work around them must stop while they are appropriately protected and investigated the relevant authorities advised and approvals received This includes skeletal material found during any phase of work including

geotechnical works early works construction works and any other site works

6 Under section 19 of the Coroners Act 2009 the coroner has no jurisdiction to conduct an inquest into reportable

death unless it appears to the coroner that (or that there is reasonable cause to suspect that) the death or suspected death occurred within the last 100 years

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(Uncontrolled when printed)

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5 Legislative Requirements Table 1 identifies some of the relevant legislationregulations for the protection of heritage and the management of unexpected heritage finds in NSW It should be noted that significant penalties exist for breaches of the legislation which result in unauthorised impacts to heritage items

To avoid breaches of legislation it is important that Sydney Metro and its contractors are aware of their statutory obligations under relevant legislation and that appropriate control measures are in place to ensure that unexpected finds are appropriately managed during all project phases Contractors will need to ensure that they undertake their own due diligence to identify any other legislative requirements that may apply for a given project

Table 1 Legislation and guidelines for management of unexpected heritage finds

Relevant Requirement Objectives and offences

Environmental Planning and Assessment Act 1979 (EPampA Act)

Part 5 Division 52 Subdivision 2 Section 519

Requires heritage to be considered within the environmental impact assessment of projects

Heritage Act 1977 (Heritage Act)

The Heritage Act provides for the care protection and management of heritage items in NSW Under section 139 it is an offence to disturb or excavate any land knowing or having reasonable cause to suspect that the disturbance or excavation will or is likely to result in a relic being discovered exposed moved damaged or destroyed unless the disturbance or excavation is carried out in accordance with an excavation permit issued by the Heritage NSW under the Act a relic is defined as lsquoany deposit artefact object or material evidence that (a) relates to the settlement of the area that comprises New South Wales not being Aboriginal settlement and (b) is of State or local heritage significancersquo

A person must notify the Heritage NSW if a person is aware or believes that they have discovered or located a relic (section 146) Penalties for offences under the Heritage Act can include six months imprisonment andor a fine of up to $11million

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Relevant Requirement Objectives and offences

National Parks and Wildlife Act 1974 (NPW Act)

The NPW Act provides the basis for the care protection and management of Aboriginal objects and places in NSW

An Aboriginal object is defined as lsquoany deposit object or material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of the area that comprises New South Wales being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction and includes Aboriginal remainsrsquo

An lsquoAboriginal placersquo is an area declared by the Minister administering the Act to be of special significance with respect to Aboriginal culture An Aboriginal place does not have to contain physical evidence of occupation (such as Aboriginal objects)

Under section 87 of the Act it is an offence to harm or desecrate an Aboriginal object or place There are strict liability offences An offence cannot be upheld where the harm or desecration was authorised by an AHIP and the permitrsquos conditions were not contravened Defences and exemptions to the offence of harming an Aboriginal object or Aboriginal place are provided in section 87 87A and 87B of the Act A person must notify Heritage NSW if a person is aware of the location of an Aboriginal object

Penalties for some of the offences can include two years imprisonment andor up to $550000 (for individuals) and a maximum penalty of $11 million (for corporations)

6 Unexpected heritage finds protocol

61 What is an unexpected heritage find

An lsquounexpected heritage findrsquo can be defined as any unanticipated archaeological discovery that has not been identified during a previous assessment or is not covered by an existing permit under the Heritage Act The find may have potential cultural heritage value which may require a heritage permit or notification if any interference of the heritage item is proposed or anticipated

The range of potential unexpected finds can include but is not limited to

remains of rail infrastructure including buildings footings stations signal boxes rail lines bridges and culverts

remains of other infrastructure including sandstone or brick buildings wells cisterns drainage services conduits old kerbing and pavement former road surfaces timber and stone culverts bridge footings and retaining walls

artefact scatters including clustering of broken and complete bottles glass ceramics animal bones and clay pipes and

archaeological human skeletal remains

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62 Managing unexpected finds

In the event that an unexpected find is encountered on a Sydney Metro site the steps detailed in Table 2 must be followed There are seven steps in the procedure

Table 2 Specific tasks to be implemented following the discovery of an unexpected heritage item

Step Task Responsibility Guidance and tools

1 Stop work and protect the item

11 Stop all work including geotechnical investigations in the immediate area of the item and notify the Project Manager

Contractor Supervisor

Appendix 1

Identifying Unexpected Heritage items

12 Establish a lsquono-go zonersquo around the item Use high visibility fencing where practical No work is to be undertaken within this zone until further investigations are completed and if required appropriate approvals are obtained

Inform all site personnel about the no-go zone

Project Manager Contractor Supervisor

2 Engage an Archaeologist

21 If you have Excavation Director or an archaeologist andor Aboriginal heritage consultant has been previously appointed for the project contact them to discuss the location and nature of the item and arrange a site inspection The project Construction Environmental Management Plan (CEMP) may contain contact details of the archaeologistAboriginal heritage consultant

Provide as much information as possible including photos and completed recording form

Inform the Sydney Metro Environmental Manager and keep them involved in the process The Environmental Manager will inform the Sydney Metro Senior Heritage Advisor

Contractors Project Manager

Appendix 2

Unexpected Heritage Item Recording Form

22 Where there is no project archaeologist engaged for the works engage a suitably qualified consultant to assess the find

If the find is a non-Aboriginal item engage a suitably qualified and experienced historical archaeological consultant

If the find is likely to be an Aboriginal object engage an Aboriginal heritage consultant

Contractorrsquos Project Manager

IMPORTANT

Sydney Metro may have approval to impact certain heritage items during construction If you think that you may have discovered a heritage item and you are unsure whether an

approval is in place or not STOP works and follow this procedure

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Step Task Responsibility Guidance and tools

23 ArchaeologistExcavation Director and Sydney Metro Environmental Manager to advise the Project Manager whether Sydney Metro has approval to impact the lsquoitemrsquo

If yes work may recommence in accordance with that approval or permit There is no further requirement to follow this procedure

If no continue to next step

Contractorrsquos Project Manager

3 Arrange site access

31 Arrange site access for the archaeologistAboriginal heritage consultant to inspect the item as soon as practicable In most cases a site inspection is required to conduct a preliminary assessment

Contractorrsquo s Project Manager Excavation Director

32 Subject to the archaeologistAboriginal heritage consultantrsquos assessment work may recommence at a set distance from the item This is to protect any other archaeological material that may exist in the vicinity which may have not yet been uncovered Existing protective fencing established in Step 12 may need to be adjusted to reflect the extent of the newly assessed protective area No works are to take place within this area once established

Archaeologist Aboriginal heritage consultant Contractorrsquos Project Manager Excavation Director

33 Occasionally the archaeologistAboriginal heritage consultant may determine from the photographs provided at Step 21 that no site inspection is required because no heritage constraint exists for the project (for example the item is not a lsquorelicrsquo a lsquoheritage itemrsquo or an lsquoAboriginal objectrsquo) Any such advice should be provided in writing (for example via email or letter with the consultantrsquos name and company details clearly identifiable) to the Sydney Metro Project Manager Environment Manager and Senior Heritage Advisor

Archaeologist Aboriginal heritage consultant Excavation Director

Proceed to Step 8

4 Undertake Preliminary assessment and recording of the find

41 Has the lsquofindrsquo been damaged or harmed

If yes record the incident in the Incident

Management System Implement any additional reporting requirements related to the planning approval and CEMP where relevant

Contractors Project Manager Archaeologist and or Excavation Director

42 Can the works avoid further disturbance to the item Project Manager to confirm with Sydney Metro Environment Manager

Complete the remaining tasks

Contractorrsquos Project Manager

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Step Task Responsibility Guidance and tools

43 Inspect document and photograph the item Archaeologist and or Excavation Director

Appendix 2

Unexpected Heritage Item Recording Form

Appendix 3

Photographing Unexpected Heritage items

44 Is the item likely to be bone

If yes follow the steps in Appendix 4 ndash lsquoUncovering bonesrsquo Where it is obvious that the bones are human remains you must notify the local police by telephone immediately They may take command of all or part of the site Also refer to the Sydney Metro Exhumation Procedure

If no proceed to next step

Archaeologist and or Excavation Director

Appendix 4

Uncovering Bones

45 The archaeologistAboriginal heritage consultant may provide advice after the site inspection and preliminary assessment that no heritage constraint exists for the project (for example the item is not a lsquorelicrsquo or a lsquoheritage itemrsquo or an lsquoAboriginal itemrsquo) Any such advice should be provided in writing (for example via email or letter with the consultantrsquos name and company details clearly identifiable) to the Metro Project Manager

Archaeologist Aboriginal heritage consultant Contractorrsquos Project Manager Excavation Director

Proceed to Step 7

Refer to Appendix 1

Examples of finds encountered during construction worksrsquo

46 Where required seek additional specialist technical advice (such as a forensic or physical anthropologist to identify skeletal remains) The archaeologistAboriginal heritage consultant can provide contacts for such specialist consultants

Excavation Director Archaeologist

47 Where the item has been identified as a lsquorelicrsquo or lsquoheritage itemrsquo or an lsquoAboriginal objectrsquo the archaeologist should formally record it

Archaeologist Aboriginal heritage consultant

48 NSW Heritage for non-Aboriginal relics and NSW Department of Planning Industry and Environment for Aboriginal objects can be notified informally by telephone at this stage by the Sydney Metro Senior Heritage Advisor Any verbal conversations with regulators must be noted on the project file for future reference

Contractors Project Manager Excavation Director

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Step Task Responsibility Guidance and tools

5 Notify the regulator if required

51 Based on the findings of the archaeological or heritage management plan and corresponding legislative requirements is notification of Heritage NSW and the Secretary required

If no proceed directly to Step 6

If yes proceed to next step

Sydney Metro Environmental Manager Contractorrsquos Excavation Director

52 If notification is required complete the template notification letter including the archaeological heritage management plan and other relevant supporting information and forward to the Sydney Metro Environmental Manager The Environmental Manager will seek the approval of the Sydney Metro Senior Heritage Advisor and the signature of the Principal Manager Sustainability Environment and Planning (Program)

Sydney Metro Environmental Manager Excavation Director

Appendix 6

Template Notification Letter

53 Forward the signed notification letter to Heritage NSW and the Secretary

Informal notification (via a phone call or email) to Heritage NSW prior to sending the letter is appropriate The archaeological or heritage management plan and the completed Unexpected Heritage Item Recording Form (Appendix 2) must be submitted with the notification letter (for both Aboriginal objects and non-Aboriginal relics)

The Department of Planning Industry and Environment may also need to be notified

54 A copy of the final signed notification letter archaeological or heritage management plan and the site recording form is to be kept on file and a copy sent to the Sydney Metro Project Manager

Contractorrsquos Project Manager Excavation Director

6 Implement archaeological or heritage management plan

61 Modify the archaeological or heritage management plan to take into account any additional advice resulting from notification and discussions with regulator

Contractorrsquos Project Manager Excavation Director

62 Implement the archaeological or heritage management plan Where impact is expected this may include a formal assessment of significance and heritage impact assessment preparation of excavation or recording methodologies consultation with Registered Aboriginal Parties obtaining heritage approvals etc if required

Contractorrsquos Project Manager Excavation Director

63 Where heritage approval is required contact the Sydney Metro Environment Manager for further advice and support material Please note there are time constraints associated with heritage approval preparation and processing

Contractorrsquos Project Manager Excavation Director

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64 Assess whether heritage impact is consistent with the project approval or if project approval modification is required from the Department of Planning Industry and Environment

Excavation Director Sydney Metro Environmental Manager

65 Where statutory approvals (or project approval modifications) are required impact upon relics andor Aboriginal objects must not occur until heritage approvals are issued by the appropriate regulator

Contractorrsquos Project Manager Excavation Director

66 Where statutory approval is not required but where recording is recommended by the archaeologistAboriginal heritage consultant sufficient time must be allowed for this to occur

Contractorrsquos Project Manager Excavation Director

67 Ensure short term and permanent storage locations are identified for archaeological material or other heritage material removed from site where required Interested third parties (for example museums local Aboriginal land councils or local councils) should be consulted on this issue Contact the archaeologist or Aboriginal heritage consultant for advice on this matter if required

Contractorrsquos Project Manager Excavation Director

7 Resume work

71 Seek written clearance to resume project work from the project Excavation Director Archaeologist Aboriginal heritage consultant

Clearance would only be given once all archaeological excavation andor heritage recommendations and approvals (where required) are complete Resumption of project work must be in accordance with the all relevant projectheritage approvalsdeterminations

Contractorrsquos Project Manager Excavation Director

72 If required ensure archaeological excavationheritage reporting and other heritage approval conditions are completed in the required timeframes This includes artefact retention repositories conservation andor disposal strategies

Contractorrsquos Project Manager Excavation Director

73 If additional unexpected items are discovered this procedure must begin again from Step 1

All

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Unclassified

Sydney Metro ndash Integrated Management System (IMS)

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7 Responsibilities

Table 3 Roles and Responsibilities

Role Responsibility or role under this guideline

Contractor Supervisor

Stop work immediately when an unexpected heritage find is encountered Cordon off area until Environmental Manager Excavation Director advises that work can recommence

Manage the process of identifying protecting and mitigating impacts on the lsquofindrsquo

Liaise with Sydney Metro Project Manager Environment Manager and Senior Heritage Advisor

Assist the archaeologistAboriginal heritage consultant with mitigation and regulatory requirements

Complete Incident Report and review CEMP for any changes required Propose amendments to the CEMP if any changes are required

Contractors Project Manager

Ensures all aspects of this procedure are implemented Advise Contractor Supervisor to recommence work if all applicable requirements have been satisfied and the Excavation Director

Project Archaeologist has approved recommend of work

Contractorrsquos or Project Heritage Advisor or Consultant

Provide expert advice to the Sydney Metro Environment Manager on find identification significance mitigation legislative procedures and regulatory requirements

Environmental Representative

Ensure compliance with relevant approvals (new and existing)

Sydney Metro Environment Manager

Notify the Sydney Metro Principal Manager Environmental Management of find and manage Incident Reporting once completed by Environmental Manager

Sydney Metro Senior Heritage Advisor

Provide expert advice to Sydney Metro Environment Manager and project as required

8 Seeking Advice

Advice on this procedure should be sought from the Sydney Metro Environment Manager in the first instance Contractors and delivery partners should ensure their own project environment managers are aware of and understand this procedure

Technical archaeological or heritage advice regarding an unexpected heritage item should be sought from a suitably qualified and experienced archaeologistAboriginal heritage consultant

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Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

9 Related documents and references

Sydney Metro Environmental Incident Classification and Reporting ndash SM-17-00000096

Transport for NSW Guide to Environmental Control Map ndash 3TP-SD-01570

NSW Heritage Office (1998) Skeletal remains guidelines for the management of human skeletal remains

Roads and Maritime Services (2015) Standard Management Procedure Unexpected Heritage Items

Department of Environment and Conservation NSW (2006) Manual for the identification of Aboriginal remains

Sydney Metro Exhumation Procedure ndash SM ES-PW-31510

10 List of appendices

The following appendices are included to support this procedure

Appendix 1 Examples of finds encountered during construction works

Appendix 2 Unexpected Heritage Item Recording Form

Appendix 3 Photographing Unexpected Heritage Items

Appendix 4 Uncovering Bones

Appendix 5 Archaeological Advice Checklist

Appendix 6 Template Notification Letter

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Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Appendix 1 Examples of finds encountered during construction works

Photo 1 - Aboriginal artefacts found at the Wickham Transport Interchange 2015

Photo 2 ndash Aboriginal artefacts (shell material) found at the Wickham Transport Interchange 2015

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Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Photo 3 1840s seawall and 1880s retaining wall uncovered at Balmain East 2016

Photo 4 Sandstone pavers uncovered at Balmain East 2016

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Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Photo 5 - Platform structure at Hamilton Railway Station classified as a lsquoworkrsquo by the project archaeologist - Wickham Transport Interchange project 2015

Photo 6 - Platform structure at Hamilton Railway Station classified as a lsquoworkrsquo by the project archaeologist - Wickham Transport Interchange project 2015

Photo 7 - Sandstone flagging and cesspit - Wynyard Walk project 2014

Unclassified

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Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Photo 8 - Chinese Ming Dynasty pottery and English porcelainpottery dating back to early 19th century - Wynyard Walk project 2014

Photo 9 - Pottery made by convict potter Thomas Ball during the early settlement - Wynyard Walk project 2014

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Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

The following images obtained from the Roads and Maritime Servicesrsquo Standard Management Procedure for Unexpected Heritage items 2015 can be used to assist in the preliminary identification of potential unexpected items during construction and maintenance works Photo 10 - Top left hand picture continuing clockwise Stock camp remnants (Hume Highway Bypass at

Tarcutta) Linear archaeological feature with post holes (Hume Highway Duplication) Animal bones (Hume Highway Bypass at Woomargama) Cut wooden stake Glass jars bottles spoon and fork recovered from refuse pit associated with a Newcastle Hotel (Pacific Highway Adamstown Heights Newcastle area) (RMS 2015)

Unclassified

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Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Photo 11 - Top left hand picture continuing clockwise Stock camp remnants (Hume Highway Bypass at

Tarcutta) Linear archaeological feature with post holes (Hume Highway Duplication) Animal bones

(Hume Highway Bypass at Woomargama) Cut wooden stake Glass jars bottles spoon and fork

recovered from refuse pit associated with a Newcastle Hotel (Pacific Highway Adamstown Heights

Newcastle area) (RMS 2015)

Unclassified

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Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Appendix 2 - Unexpected Heritage Find Recording Form

Example of unexpected heritage item recording form

This form is to be completed Excavation Director on the discovery of an archaeological heritage find during construction or maintenance works

Date Recorded by

(include name and position)

Project name

Description of works

being undertaken

Description of exact

location of item

Description of item

found

(What type of item is it likely

to be Tick the relevant

boxes)

A A relic A lsquorelicrsquo is evidence of a past human activity

relating to the settlement of NSW with local

or state heritage significance A relic might

include bottle utensils plates cups

household items tools implements and

similar items

B A lsquoworkrsquo building or

structurersquo A lsquoworkrsquo can generally be defined as a form

infrastructure such as track or rail tracks

timber sleepers a culvert road base a

bridge pier kerbing and similar items

C An Aboriginal object An lsquoAboriginal objectrsquo may include stone

tools stone flakes shell middens rock art

scarred trees and human bones

D Bone Bones can either be human or animal

remains

Remember that you must contact the local

police immediately by telephone if you are

certain that the bone(s) are human

remains

E Other

Provide a short

description of the item

(Eg metal rail tracks

running parallel to the rail

corridor Good condition

Tracks set in concrete

approximately 10 cm below

the current ground surface)

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Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Sketch

(Provide a sketch of the

itemrsquos general location in

relation to other road

features so its approximate

location can be mapped

without having to re-

excavate it In addition

please include details of the

location and direction of any

photographs of the item

taken)

Action taken (Tick either

A or B)

A Unexpected item

would not be further

impacts on by the

works

Describe how works would avoid impact

on the item (Eg the rail tracks would be left in

situ and recovered with paving)

B Unexpected item

would be further

impacted by the works

Describe how works would impact on the

item (Eg milling is required to be continued to a

depth of 200 mm depth to ensure the pavement

requirements are met Rail tracks would need to

be removed)

Excavation Director Signature

Signature

It is a statutory offence to disturb Aboriginal objects and historic relics (including human

remains) without an approval All works affecting objects and relics must cease until an

approval is sought

Approvals may also be required to impact on certain works

Important

Unclassified

Appendix 3 - Photographing unexpected heritage finds

Photographs of unexpected finds in their current context (in situ) may assist archaeologistsAboriginal heritage consultants to better identify the heritage values of the item Emailing good quality photographs to specialists can allow for better quality and faster heritage advice The key elements that must be captured in photographs of the item include its position the item itself and any distinguishing features All photographs must have a scale (ruler scale bar mobile phone coin etc) and a note describing the direction of the photograph

Context and detailed photographs

It is important to take a general photograph (Figure 1) to convey the location and setting of the item This will add value to the subsequent detailed photographs also required (Figure 2)

Figure 1 Telford road uncovered on the Great Western Highway (Leura) in 2008 (RMS 2015)

Photographing distinguishing features

Where unexpected items have a distinguishing feature close up detailed photographs must be taken of these features where practicable In the case of a building or bridge this may include diagnostic details architectural or technical features See Figures 3 and 4 for examples

Unclassified

Removal of the item from its context (eg excavating from the ground) for

photographic purposes is not permitted

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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Photographing bones

The majority of bones found on site will be animal bones often requiring no further assessment (unless they are in archaeological context) However if bones are human the police must be contacted immediately (see Appendix 5 for detailed guidance) Taking quality photographs of the bones can often resolve this issue quickly The project archaeologist can confirm if bones are human or non-human if provided with appropriate photographs

Ensure that photographs of bones are not concealed by foliage (Figure 5) as this makes it difficult to identify Minor hand removal of foliage can be undertaken as long as disturbance of the bone does not occur Excavation of the ground to remove bone(s) should not occur nor should they be pulled out of the ground if partially exposed

Where sediment (adhering to a bone found on the ground surface) conceals portions of a bone (Figure 6) ensure the photograph is taken of the bone (if any) that is not concealed by sediment

Ensure that all close up photographs include the whole bone and then specific details of the bone (especially the ends of long bones the epiphysis which is critical for species identification) Figures 7 and 8 are examples of good photographs of bones that can easily

Unclassified

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be identified from the photograph alone They show sufficient detail of the complete bone and the epiphysis

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Appendix 4 - Uncovering bones

This appendix provides advice regarding

what to do on first discovering bones

the range of human skeletal notification pathways and

additional considerations and requirements when managing the discovery of human remains

1 First uncovering bones

Refer to the Sydney Metro Exhumation Procedure

Stop all work in the vicinity of the find All bones uncovered during project works should be treated with care and urgency as they have the potential to be human remains The bones must be identified as either human or non-human as soon as possible by a qualified forensic or physical anthropologist

On the very rare occasion where it is immediately obvious from the remains that they are human the Project Manager (or a delegate) should inform the police by telephone prior to seeking specialist advice It will be obvious that it is human skeletal remains where there is no doubt as demonstrated by the example in Figure 17 Often skeletal elements in isolation (such as a skull) can also clearly be identified as human Note it may also be obvious that human remains have been uncovered when soft tissue andor clothing are present

7

After Department of Environment and Conservation NSW (2006) Manual for the identification of Aboriginal

Remains 17

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This preliminary phone call is to let the police know that a specialist skeletal assessment to determine the approximate date of death which will inform legal jurisdiction The police may wish to take control of the site at this stage If not a forensic or physical anthropologist must be requested to make an on-site assessment of the skeletal remains

Where it is not immediately obvious that the bones are human (in the majority of cases illustrated by Figure 2) specialist assessment is required to identify the bones Photographs of the bones can assist this assessment if they are clear and taken in accordance with guidance provided in Appendix 3 Good photographs often result in the bones being identified by a specialist without requiring a site visit noting they are nearly always non-human In these cases non-human skeletal remains must be treated like any other unexpected archaeological find

If the bones are identified as human (either by photographs or an on-site inspection) a technical specialist must determine the likely ancestry (Aboriginal or non-Aboriginal) and burial context (archaeological or forensic) This assessment is required to identify the legal regulator of the human remains so urgent notification (as below) can occur

Preliminary telephone or verbal notification by the archaeologist to the Sydney Metro Senior Heritage Advisor is appropriate This must be followed up later by a formal letter notification to the relevant regulator when a management plan has been developed and agreed to by the relevant parties

2 Range of human skeletal notification pathways

The following is a summary of the different notification pathways required for human skeletal remains depending on the preliminary skeletal assessment of ancestry and burial context

A Human bones are from a recently deceased person (less than 100 years old)

B Human bones are archaeological in nature (more than 100 years old) and are likely to be Aboriginal remains

C Human bones are archaeological in nature (more than 100 years old) and likely to be non-Aboriginal remains

Figure 3 summarises the notification pathways on finding bones

Action

The Heritage NSW must be notified immediately

Action

The police must be notified immediately as per the obligations to report a death or suspected death under s35 of the Coroners Act 2009 (NSW) It should be assumed the police will then take command of the site until otherwise directed

Action

The Department of Planning Industry and Environment Aboriginal Heritage Section must be notified immediately The project Aboriginal Cultural Heritage Advisor must contact and inform the relevant Aboriginal community stakeholders who may request to be present on site

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Figure 3 Overview of steps to be undertaken on the discovery of bones

After the appropriate verbal notifications (as described in 2B and 2C above) the Project Manager must proceed through the Unexpected Heritage Items Exhumation Procedure (Step 4) It is noted that no Exhumation Procedure is required for forensic cases (2A) as all future management is a police matter Non-human skeletal remains must be treated like any other unexpected archaeological find and so must proceed to record the find

3 Additional considerations and requirements

Uncovering archaeological human remains must be managed intensively and needs to consider a number of additional specific issues These issues might include facilitating culturally appropriate processes when dealing with Aboriginal remains (such as repatriation and cultural ceremonies) Project Managers may need to consider overnight site security of any exposed remains and may need to manage the onsite attendance of a number of different external stakeholders during assessment andor investigation of remains

Project Managers may also be advised to liaise with local churchreligious groups and the media to manage community issues arising from the find Additional investigations may be required to identify living descendants particularly if the remains are to be removed and relocated

If exhumation of the remains (from a formal burial or a vault) is required Project Managers should also be aware of additional approval requirements under the NSW Public Health Act 1991 Specifically Sydney Metro may be required to apply to the Director General of NSW

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Department of Health for approval to exhume human remains as per Clause 26 of the NSW Public Health (Disposal of Bodies) Regulation 2002 8

Further the exhumation of such remains needs to consider health risks such as infectious disease control exhumation procedures and reburial approval and registration Further guidance on this matter can be found at the NSW Department of Health website

In addition due to the potential significant statutory and common law controls and prohibitions associated with interfering with a public cemetery project teams are advised when works uncover human remains adjacent to cemeteries to confirm the cemeteryrsquos exact boundaries where possible

8 This requirement is in addition to heritage approvals under the Heritage Act 1977

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Appendix 5 - Archaeologicalheritage advice checklist

The archaeologistAboriginal heritage consultant must advise the Sydney Metro Environment Manager and Senior Heritage Advisor of an appropriate archaeological or heritage management plan as soon as possible after an inspection of the site has been completed An archaeological or heritage management plan can include a range of activities and processes which differ depending on the find and its significance

In discussions with the archaeologistAboriginal heritage consultant the following checklist can be used as a prompt to ensure all relevant heritage issues are considered when developing this plan This will allow the project team to receive clear and full advice to move forward quickly Archaeological andor heritage advice on how to proceed can be received in a letter or email outlining all relevant archaeological andor heritage issues

Required Outcomenotes

Assessment and investigation

Assessment of significance YesNo

Assessment of heritage impact YesNo

Archaeological excavation YesNo

Archival photographic recording YesNo

Heritage approvals and notifications

AHIP section 140 section 139 exceptions section 60 exemptions etc

YesNo

Regulator relicsobjects notification YesNo

Notification to Sydney Trains for s170 heritage conservation register

YesNo

Compliance with CEMP or other project heritage approvals

YesNo

Stakeholder consultation

Aboriginal stakeholder consultation YesNo

Artefactheritage item management

Retention or conservation strategy (eg items may be subject to long conservation and interpretation)

YesNo

Disposal strategy YesNo

Short term and permanent storage locations (interested third parties should be consulted on this issue)

YesNo

Control Agreement for Aboriginal objects YesNo

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Appendix 6 - Template notification letter

Insert on Sydney Metro letterhead

Select and type date] [Select and type reference number]

XXX

Heritage NSW Department of Planning Industry and

Environment

xxx

Parramatta NSW 2124

[Select and type salutation and name]

Re Unexpected heritage item discovered during Sydney Metro activities

I write to inform you of an unexpected [select relic heritage item or Aboriginal object] found during Sydney Metro investigative and construction works at [insert location] on [insert date] in accordance with the notification requirement under select section 146 of the Heritage Act 1977 (NSW) [Where the regulator has been informally notified at an earlier date by telephone this should be referred to here]

[Provide a brief overview of the project background and project area Provide a summary of the description and location of the item including a map and image where possible Also include how the project was assessed under the Environmental Planning and Assessment Act 1979 (NSW) (eg Part 5) Also include any project approval number if available]

Sydney Metro [or contractor] has sought professional archaeological advice regarding the item A preliminary assessment indicates [provide a summary description and likely significance of the item] Please find additional information on the site recording form attached

Based on the preliminary findings Sydney Metro [or contractor] is proposing [provide a summary of the proposed archaeologicalheritage approach (eg develop archaeological research design (where relevant) seek heritage approvals undertake archaeological investigation or conservationinterpretation strategy) Also include preliminary justification of such heritage impact with regard to project design constraints and delivery program]

The proposed approach will be further developed in consultation with a nominated Office of Environment and Heritage staff member

Should you have any feedback on the proposed approach or if you require any further information please do not hesitate to contact [Environment and Planning Project Manager] on (02) XXXX XXXX

Yours sincerely

[Sender name]

Sydney Metro Director Environment Sustainability amp Planning [Attach the archaeologicalheritage management plan and site recording form]

NB On finding Aboriginal human skeletal remains this letter must also be sent to the Commonwealth Minister for the Environment in accordance with notification requirements under section 20(1) of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Commonwealth)

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 56 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 5B ndash Sydney Metro Exhumation Management Procedure

Unclassified

Exhumation Management

Procedure

SM ES-PW-31510

Sydney Metro Integrated Management System (IMS)

Applicable to Sydney Metro

Document Owner Senior Heritage Advisor

System Owner Environment Sustainability and Planning

Status Final issued for Implementation

Version 40

Date of issue June 2020

Review date June 2021

copy Sydney Metro 2017

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Integrated

Management

System

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Table of Contents

Contents 1 Introduction 3

2 Methodology 3 21 Overview of legislative requirements for dealing with human remains

4 22 Discovery of human remains and forensic cases NSW Coroners

Act 2009 (NSW) 4 23 Historic human remains Heritage Act 1977 and Guidelines for the

Management of Human Skeletal Remains under the Heritage Act 1977 5

24 Aboriginal human remains National Parks and Wildlife Act 1974 6 25 Exhumation of human remains Public Health Regulation 2012

(NSW) and the NSW Health Policy Statement ndash Exhumation of human remains (2013) 7

26 NSW Ministry of Health Policy Statement ndash Exhumation of human remains (2013) 7

27 Work Health and Safety Act 2011 7

3 Sydney Metro procedure for the discovery and management of human remains 8 31 Initial discovery of bones What do we do 8 32 Archaeological Exhumation Methodology 10

4 Excavation and post-excavation tasks 14 41 Research Questions 14 42 Process for DNA Testing Isotope Analysis and Environmental

Sampling 15 43 Reporting 16 44 Public Involvement 16 45 Temporary Storage and Permanent Repository or Resting Place for

Remains 17

5 Definitions 18

6 Related Documents and References 18

7 Superseded Documents 18

8 Document History 18

9 Schedule of Acronyms 18

Exhumation of Human Remains 20 EXHUMATION OF HUMAN REMAINS 1 MANDATORY REQUIREMENTS 1 IMPLEMENTATION 1 REVISION HISTORY 2 CONTENTS 4 APPENDIX 2 11 APPENDIX 3 12 APPENDIX 4 13 APPLICATION TO EXHUME REMAINS 16

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1 Introduction

This Exhumation Management Procedure (ExMP) has been developed to provide Sydney Metro and their contractors with guidance on managing the discovery of human skeletal remains during the course of the Sydney Metro program of works

Sydney Metro is Australiarsquos biggest public transport project From the northwest metro rail is being extended under Sydney Harbour through new underground city stations and beyond to the south west In 2024 Sydney will have 31 metro railway stations and a 66km standalone metro railway system revolutionising the way Australiarsquos biggest city travels (refer to Figure 1)

The purpose of this ExMP is to provide a clear and concise process to follow in the event of the discovery of potential human remains during Sydney Metro project works

This ExMP will be reviewed as required and prior to any future Sydney Metro project that has potential to impact on a known cemetery or burial ground A review may require amendment the ExMP to tailor additional controls or management procedures that are specific to the impacted cemetery or burial ground In addition the requirements of the relevant Planning Approval will be assessed during the review of this ExMP prior to its implementation

This procedure should be read in conjunction with the Sydney Metro Unexpected Finds Policy

2 Methodology

This ExMP outlines the procedure for the management of the discovery of human remains within the Sydney Metro program The ExMP addresses the following

Discussion of relevant legislation and guidelines (eg Coroners Act 2009 Heritage Act 1977 Guidelines for the Management of Human Skeletal Remains 1988 and the Public Health Regulations 2012)

Archaeological methodology for excavation of remains including processes for appropriately handling remains in accordance with the relevant guidelines

Preparation of a flow chart process to be used by contractors to respond to the discovery of suspected human remains

Post-exhumation management primarily around relocation processing and long- term arrangements

Process for nomination of a physical anthropologist and temporary storage location

Process for additional analysis including DNA testing isotope analysis and environmental sampling and discussion on requirements for public involvement

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Figure 1 2020 Sydney Metro Program Project overview and station locations

21 Overview of legislative requirements for dealing with human remains

The following section provides an overview of the legislation that would apply to the discovery management and relocation of human remains A discovery of suspected human remains may be subject to different Acts and requirements thereby triggering different notification pathways based on the specific circumstances involved

The first step will always be to notify the NSW Police Confirmation of the age (antiquity) and nature of the skeletal remains as well as the reasons for the disturbance will dictate which Act and provisions will be applicable

22 Discovery of human remains and forensic cases NSW Coroners Act 2009 (NSW)

For a discovery of suspected human remains less than 100 years old the remains would come under the jurisdiction of the State Coroner and the NSW Coroners Act 2009 Such a case would be considered a lsquoreportable deathrsquo and under legal notification obligations set out in s35 (2) a person must report the death to a police officer a coroner or an assistant coroner as soon as possible This applies to all human remains less than 100 years old regardless of ancestry (ie both Aboriginal and non-Aboriginal remains)

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35 Obligation to report death or suspected death

(1) This section applies to any person who has reasonable grounds to believe that a death or suspected death of another person

(a) is a reportable death or occurred in circumstances that would be examinable under Division 2 of Part 32 and

(b) has not been reported in accordance with subsection (2)

(2) A person to whom this section applies must report the death or suspected death concerned to a police officer a coroner or an assistant coroner as soon as possible after becoming aware of the grounds referred to in subsection (1)

Maximum penalty (subsection (2)) 10 penalty units

(3) A police officer to whom a death or suspected death is reported under this section is required to report the death or suspected death to a coroner or assistant coroner as soon as possible after the report is made

(4) An assistant coroner to whom a death or suspected death is reported under this section is required to report the death or suspected death to a coroner as soon as possible after the report is made

(5) A coroner to whom a death or suspected death is reported under this section is required to inform the State Coroner of the report as soon as practicable after the report is made

23 Historic human remains Heritage Act 1977 and Guidelines for the Management of Human Skeletal Remains under the Heritage Act 1977

The Heritage Act 1977 and Guidelines for the Management of Human Skeletal Remains under the Heritage Act 19771 (the Guidelines) apply to historic burials in New South Wales It should be noted that the Guidelines are outdated in terms of the current statutory framework

A relic is defined as an archaeological deposit or artefact that has heritage significance at a local or State level The guidelines Assessing Significance for Historical Archaeological Sites and `Relics2 have been endorsed by the Heritage Council and should be used to assess the level of heritage or archaeological significance of the remains With reference to burial grounds objects such as headstones grave enclosures and grave goods as well as buried human remains may be a lsquorelicrsquo

1 NSW Heritage Office 1998

2 Heritage Branch of the Department of Planning 2009

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Approval under the Heritage Act 1977 and the National Parks and Wildlife Act 1974 is not required if human remains are uncovered during a Critical State Significant Infrastructure (CSSI) project However notification to the Heritage Council under s146 of the Heritage Act and notification of an Aboriginal object under the National Parks and Wildlife Act is required if archaeological human remains are uncovered

24 Aboriginal human remains National Parks and Wildlife Act 1974

The National Parks and Wildlife Act provides statutory protection for all Aboriginal lsquoobjectsrsquo (consisting of any material evidence of the Aboriginal occupation of NSW) under Section 90 of the Act and for lsquoAboriginal Placesrsquo (areas of cultural significance to the Aboriginal community) under Section 84

Discovery of Aboriginal burials andor human remains would be addressed in the projectrsquos Aboriginal Cultural Heritage Assessment Report (ACHAR) ACHARs would be prepared in accordance with the Heritage NSW

lsquoGuidelines for Aboriginal Cultural Heritage Impact Assessment and Community Consultation3

Guide to investigating assessing and reporting on Aboriginal cultural heritage in NSW4

Aboriginal cultural heritage consultation requirements for proponents 20105

Code of Practice for Archaeological Investigation of Aboriginal Objects in New South Wales6

If suspected human skeletal remains are uncovered at any time during the archaeological management program the process outlined in this ExMP and detailed in the flow chart is to be followed Management of the remains would be guided by consultation with the nominated Registered Aboriginal Parties (RAPs) for the project in adherence to the ACHAR

3 NSW Department of Environment and Conservation 2005

4 OEH 2011

5 Department of Environment Climate Change and Water 2010

6 OEH 2010

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25 Exhumation of human remains Public Health Regulation 2012 (NSW) and the NSW Health Policy Statement ndash Exhumation of human remains (2013)

Public Health Regulation 2012 and the NSW Health Policy Statement ndash Exhumation of human remains of the Public Health Regulation 2012 provides specific regulation for the exhumation of bodies in NSW

Under Clause 70 of the Regulation an application for approval to exhume the remains of a dead person may be made to the Director-General via an approved form to the Director of the Local Public Health Unit that acts on behalf of the Director-General of NSW Health Exhumation is not to take place unless an authorised officer or a NSW Health member of staff is present at the exhumation (the grave may be excavated to the lid of the coffin but nothing must be disturbed until the arrival of the authorised officer) (Clause 72) An authorised officer must be present at the exhumation to ensure the correct interment procedure is followed and that all of the remains are exhumed and to enforce the protection of public health should this be necessary

26 NSW Ministry of Health Policy Statement ndash Exhumation of human remains (2013)

The NSW Ministry of Health Policy Statement on the exhumation of human remains provides the policy to be observed by Public Health Units located in Local Health Districts on receipt of an application to seek permission for approval of the exhumation of human remains under the Public Health Regulation 2012 Public Health Units (PHUs) of Local Health Districts (LHDs) in NSW facilitate the approval for an exhumation Under Clause 69 a person must not exhume a body unless the exhumation of the remains has been approved by the Director-General An application for permission to exhume the remains of a deceased person is to be made to the Public Health Unit on the approved form which is contained at the NSW Health website

The required form is appended to this ExMP for ease of reference

Note that the title of Director General of Health was replaced with the Secretary of Health when the Public Health Act and Public Health Regulation were amended However the Policy Directive PD2013-046 has not been amended to reflect this change

27 Work Health and Safety Act 2011

The Work Health and Safety Act 2011 provisions apply to protect personnel involved in the exhumation procedure by creating and maintaining safe and healthy work practices and are enforced by WorkCover NSW Graves crypts and vaults could be considered to be confined spaces in some circumstances under health and safety legislation More information on safe work practices is available at or by contacting SafeWork NSW via their website or directly

Health and safety aspects of working with human remains should be considered Generally working with archaeological human skeletal remains requires no extra precautions to be taken beyond normal health and safety regulations Once any necessary site health and safety precautions have been taken the exhumation of human remains can proceed

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3 Sydney Metro procedure for the discovery and management of human remains

This procedure provides project managers principal contractors and the project archaeologistExcavation Director with advice on the steps to follow upon uncovering suspected human remains Information on the potential for burials and human remains would be included in the general project induction for all personnel The induction would include the procedure to manage these finds as set out in this ExMP

31 Initial discovery of bones What do we do

To avoid doubt all suspected bone items must be treated as potential human skeletal remains and work around them must stop while they are protected and investigated as a matter of urgency

Stop Work and preliminary notification

On discovery of bone (suspected human remains) all work in the area of the find must stop and the remains must be confirmed as being human or not

The Project ArchaeologistExcavation Director must be notified

Preliminary notification must be made to the NSW Police in compliance with Section 35 of the Coroners Act 2009

What When bones are uncovered at a site all work in the area the find must stop immediately and the

site must be secured

Who The discoverer will immediately notify machinery operators so that no further disturbance of the

remains will occur as well as notify the foremansite supervisor principal contractor project archaeologistExcavation Director and Sydney Metro Environmental Manager

Preliminary notification to the NSW Police will be undertaken by the Sydney Metro Environmental Manager Notification should provide verbal description of the remains and inform the police that consultation with technical specialists is being undertaken to confirm that the remains are human as well as the burial context (archaeological or less than 100 years old refer Step 2)

How Inform all site personnel of restricted access to the area of the discovery until further notice Area must be fenced off (flagging or temporary exclusion fencing)

Actions Notify site supervisor principal contractor project archaeologist Excavation Director and Sydney Metro Environmental Manger of the find and protect the suspected remains until an initial assessment can be undertaken by a technical specialist

Preliminary notification to NSW Police by Sydney Metro Environmental Manager

Confirm the remains are human

Skeletal remains could either be articulated and in a recognisable form of burial such as a coffin or common burial position of the body (eg supine prone or flexed) or they could be disarticulated or fragmented remains Within the boundaries of a known historic burial ground there is a high probability of the remains being human In a suspected forensic case (less than 100 years old) the remains may have clothing andor human tissue Disarticulated or fragmented bones are often uncovered and these may require specialist assessment to determine legal jurisdiction

If suspected human remains are identified during the course of project works preliminary notification must be made to the NSW Police in compliance with Section 35 of the Coroners Act 1999 (refer Step 1) NSW Police would be contacted immediately upon receipt of confirmation of human provenance

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What Confirmation that the remains are human their burial context - whether they are forensic (less than 100 years) or archaeological (older than 100 years) and suspected ancestry (Aboriginal or non- Aboriginal)

Who Excavation Director and or Forensic or physical anthropologist or archaeologist with specialist skills such as an osteoarchaeologist

Notification to the NSW Police will be undertaken by the Sydney Metro Environmental Manager

How Consultation could be undertaken as either an on-site inspection or via good quality photos sent to the nominated technical specialist of 1) the remains and 2) the site general site location of the discovery

Actions Contact nominated technical specialists to confirm that the remains are a) human b) burial context (archaeological or forensic) and c) suspected ancestry (Aboriginal or non-Aboriginal)

For the duration of the Sydney Metro project the nominated technical specialists are

Forensic Anthropologist ndash TBC by contractor for project area

Nominated Excavation Director ndash TBC by contractor for project area

Sydney Metro Environmental Manager to conduct and or oversee liaison with NSW Police

The archaeologist may be able to identify the nature of remains without input from the Forensic Anthropologist The Forensic Anthropologist should be contacted as required

Notification based on jurisdiction (forensic or archaeological)

Once confirmation is received from the technical specialist that the remains are of human origin there are three possible statutory pathways to follow based on the assessment

What Forensic case remains are less than 100 years old

Who If it is determined by specialist assessment (Step 2) that the remains are forensic the remains come

under the jurisdiction of the State Coroner and the Coroners Act 2009

How The NSW Police would likely secure the site and will advise on the procedure to be followed

Actions Environmental Manager to liaise with NSW Police

What Archaeological ndash non-Aboriginal human remains -more than 100 years old

Who Follow the Archaeology Exhumation Methodology as set out in Step 4 below

How Follow the Archaeology Exhumation Methodology as set out in Step 4 below

Actions Follow the Archaeology Exhumation Methodology as set out in Step 4 below

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What Archaeological ndash suspected Aboriginal human remains -more than 100 years old

Who Recording of Aboriginal ancestral remains must be undertaken by or conducted under the direct supervision of a specialist with RAPs present

How The RAPs must be present where it is reasonably suspected that Aboriginal burials or human remains have been encountered

Actions Notify RAPs and follow ACHAR Notification to Heritage NSW

Follow the Archaeology Exhumation Methodology as set out in Step 4

32 Archaeological Exhumation Methodology

The following section provides the archaeological methodology for exhumation and the appropriate handling of human remains

Securing the Site

The strategy for the excavation and removal of human remains must be sensitive to public opinion and ethical issues and exhumation activities should not be visible to the general public The site may need to be screened off from public areas not only with hoarding but also in some cases with a roof to screen the site off from overlooking buildings At all times human remains should be treated with respect and dignity The perimeter of the excavation site should be demarcated by plastic tape or flagging with only technical staff allowed within this area for the duration of exhumation activities

The site should be protected from the elements including flooding contamination with dust or debris and other disturbance These measures would be formulated by the Excavation Director in consultation with the contractor and Sydney Metro where required and may differ from site to site

Excavation Director

Archaeological investigations are to be managed by a suitably qualified Excavation Director with experience in the historical archaeology of Sydney and the excavation and management of human remains For sites with potential for locally significant remains the Excavation Director should meet the NSW Heritage Council criteria for locally significant archaeological sites For sites with potential for State significant archaeology the Excavation Director should meet the NSW Heritage Council criteria for State significant archaeological sites

Excavation and recording

Exhumation and recording is to be undertaken in accordance with best practice forensic and Heritage Council guidelines Prior to removal the remains should be fully recorded in situ to understand their surrounding archaeological context This will include recording any disturbances to the burial and the identification of bones present In some cases the deposit of bones may be a mixture of articulated and disarticulated remains Care should be taken to distinguish articulated remains and to assess if they represent commingled individuals or disturbed remains belonging to one individual and to record them accordingly

Recording

A standard context recording system would be employed

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Detailed survey andor measured drawings would be prepared and include location of remains within the overall site (position of the body the direction of the burial noting any stratigraphic relationships with other archaeological features)

Any associated artefacts (potential grave goods burial furniture) would be recorded and collected by context for later analysis

Digital photography in RAW format using photographic scales and photo boards where appropriate A photographic record of all phases of the work on site would be undertaken

Registers of contexts photos samples and drawings would be kept

Excavation

Detection of the extent of the graveremains (if disarticulated)

Surface soils removed in excavation units of 100mm (site dependent) using small hand tools

Expose remains with soft paint brushes and pedestal the remains

Record position and depth of remains

Soil removed would be sieved through 3mm mesh to examine for teeth and bone fragments

Soil samples may be taken from the abdominal andor chest areas of the body (articulated remains) to retrieve further evidence

Exhumation must be under the control of the Excavation Director with the assistance of a Forensic Anthropologist if required Exhumation permits provided by NSW Ministry of Health may also require the presence of an authorised officer or a member of staff of the Ministry of Health

Further excavation of the bottom of the pit (grave) following removal to confirm the absence of further remains

Relocation of bones

Removal and collection of skeletal remains to follow standard forensic practice of labelling

Remove remains from the ground systematically and place in plastic bags according to anatomical areas of the body

Bags should not be air-tight and should have ventilation holes to prevent deterioration of fragile skeletal material Each bag should contain labels and the separate bags should then be placed in a large plastic bag crate or box labelled with the context information

The remains should be placed in a sturdy large cardboard box (approximately 600 x 300 x 200 mm) for relocation to off-site processing location

Resume work

Construction work may only recommence upon receipt of clearance certificate from the Excavation Director and may require additional NSW Ministry of Health approval If a forensic case written authorisation from the NSW Police is required

Reporting

A report would be prepared following the completion of the program of exhumation works separate to the archaeological excavation report for the project This report would include skeletal analysis catalogue comprehensively describe the process of exhumation detail

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the recording of the remains and synthesise the results of any further laboratory testing An assessment of significance for the remains would be provided and interpreted within the context of the archaeological research design (response to research questions)

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Sydney Metro Exhumation Procedure v4 (Final)

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Figure 2 Exhumation Procedure Flow chart

Page 13 of 24

Discovery of bone

Non-human remains

Archaeologist to investigate and work not

to recommence until instrcuted by ED

Work only to recommence when clearance given by Excavation Director

Human Remains

Forensic

Sydney Metro Environmental

Manager to advise NSW POlice

Archaoelogical work not to recommence until clearance given

by NSW Police or Coroner

Aboriginal

Sydney Metro Environmental Manager to advise NSW Policye notify RAPs and follow

ACHAR

Archaoelogical work not to

recommence until clearance firven by

NSW Police or Coroner

Non Aboriginal

Sydney Metro Environmental Manager to notifiy NSW Policce Heritage NSW and DPIE

Sydney Metrocontractor to apply to Secretary of

Health to exhume

Exhumation of human remains by nominated ED Construction work not to commence until

ED issues Clearance Certificate

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(Uncontrolled when printed)

4 Excavation and post-excavation tasks

The following tasks relate to responses to the identification of human remains on site All management should be in accordance with the AARD and relevant Archaeological Method Statement (AMS) and be overseen by the Excavation Director The Excavation Director would nominate a Forensic Anthropologist where required

41 Research Questions

The following research questions should be used guide exhumations should intact burials disarticulated remain burial cuttings or associated material culture be uncovered during works

The research questions are a guide only and could be added to or amended by the Excavation Director depending on the nature of the find

Social History and Burial Practices

Does the location of the burialburial cutting correspond with historic plansdescriptions Are these sources reliable

Is there evidence of exhumation

Do graves cut into older ones What can this tell us about nineteenth century burial practices and how does this compare to other excavated cemetery sites in the region

What is the distance between burials (if multiple burials uncovered) Does this conform to known nineteenth century burial practices

What type of fill was used within grave cuttings What can this tell us about the surrounding environment and burial practices at the time

What materialstree species were used to produce coffins Can coffin manufacturing techniques or fastening methods (use of mortar screws nails tacks) be identified Does this match known burial practices of the time If alternative methods are identified what can this tell us about the manufacturer or economicsocial landscape

Can the class or rank of the individual be identified via coffin materials grave goods or clothingshrouds

Which direction is the burial orientated How does this correspond with the knownhypothesised location of denomination areas

If the burial is associated with additional individuals can a familial relationship be assessed through DNA or other genetic markers identifiable within the skeletal remains (eg impacted third molar)

Can an exchange between burial practices in Britain and colonial Sydney be identified through the burial remains Is there evidence for alternative burial practices associated with additional cultures

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Environmental Factors and Scientific Analysis

What is the condition of the bones How does their condition compare to known or nearby burials of the same age What environmental or human factors may have influenced the decomposition process

Can the health nutrition sex race stature or age be identified through the skeletal remains Is there evidence of trauma on the bones Is there evidence of pathology on the bones (eg syphilis tuberculosis tumours)

If archaeobotanical analysis is carried out what can it tell us about the surrounding environment and nearby plant species Can prepost-European landscapes be determined within the archaeobotanical record

Can stable isotope analysis address any questions regarding diet country of origin and nutrition

Can DNA testing address any questions not answerable by the skeletal remains themselves such as sex familial relationships (if buried with another individuals) or race

Is there potential for DNA to be tested against any individuals who may come forward as a descendant of the deceased

42 Process for DNA Testing Isotope Analysis and Environmental Sampling

Pre-Excavation

The Excavation Director in consultation with the Forensic Anthropologist will nominate a suitable laboratory prior to works commencing Approval for the analysis of skeletal remains soil samples and material samples from the laboratory would also be sought prior to works commencing

Excavation

In order to prevent cross-contamination the following sample collection and excavation process should be followed

The location quantity and material (bone teeth hair soil wood) of samples will be determined by the Excavation Director or Forensic Anthropologist prior to its collection

Samples would be stored in a safe secure and climate controlled location while excavations are in progress This would be chosen by the Excavation Director or Forensic Anthropologist on site

Each collected sample would be given a unique catalogue number and a sample register would be recorded throughout the excavation

ldquoClean Excavationrsquo procedures would be followed during the excavation of burials and during the sample collection process7 This would include

7 Guidelines for lsquoclean excavationrsquo are based on procedures outlined in Yang D Y amp Watt K 2005

Contamination controls when preparing archaeological remains for ancient DNA analysis Journal of Archaeological Science vol 32 pp 331ndash336 and Society for Historical Archaeology 2015-2017 Research and Analysis of Artefacts Accessed online at httpsshaorgconservation- factsfaqanalysisC on 2552017

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Latex gloves would be worn by individuals excavating andor handling bone or soil samples Gloves would be changed for each bone andor individual to prevent cross-contamination

Excavation toolsbrushes would be cleaned prior to and after the collection of each sample to prevent cross-contamination

In some cases a face mask would be worn when samples for DNA analysis are being collected

Bone samples for DNA testing would be collected with surrounding in situ soil and should not be cleaned prior to bagging

It may be necessary for individuals involved in sample collection to submit DNA for comparison in the event of cross-contamination and

All bags containing samples for analysis would be bagged and labelled appropriately to prevent cross contamination and ensure they are handled and stored correctly

Post-Excavation

On completion of excavations samples will be transported to nominated laboratories for analysis A record of their location will be kept

43 Reporting

The results of the investigation of human remains and the exhumation will be included in the archaeological reporting for the project in accordance with the project AARD

Once finalised all archaeological excavation and data analysis reports will be submitted to

The relevant local Council and Library

The Heritage Office Library

The State Library of NSW and

Made available online for public access and educational purposes

Further if significant remains are identified during excavations the results and findings would be published in academic journals and conference papers where feasible

44 Public Involvement

Archaeological excavations may uncover remains directly associated with early settlement and burial practices Such remains are likely to generate public interest

Public involvement may include

Media releases

Public Open Days

Preparation of brochures detailing the archaeological excavations

Interpretive signage and online blog posts or site diaries while excavations are taking place and

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

The preparation of a Heritage Interpretation Plan designed to provide interpretation of the site within the new development upon the completion of works

Due to sensitive nature of human skeletal remains these recommendations would be adapted and modified as appropriate under the direction of Sydney Metro and the Excavation Director

Such recommendations would also be considered and require approval from relevant Stakeholder Groups such as known or potential descendants of the deceased NSW Heritage Heritage Council local Council and interest groups

45 Temporary Storage and Permanent Repository or Resting Place for Remains

Temporary Storage

Upon the completion of archaeological excavations skeletal remains should be boxed separately and temporarily stored within a safe secure and temperature controlled environment to allow for further analysis of the remains This location would be chosen by the Excavation Director and the Forensic Anthropologist and comply with NSW legislative requirements

Permanent Repository or Resting Place for Remains

A permanent repository or resting place for remains is dependent on the nature and volume of skeletal remains As this cannot be determined prior to excavations taking place the following recommendations should act as guidelines only Final arrangements would be dictated by Sydney Metro the Excavation Director Forensic Anthropologist identified descendants of the deceased andor Stakeholder Groups upon the completion of excavations and subsequent analysis

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

5 Definitions

All terminology in this Procedure is taken to mean the generally accepted or dictionary definition Other terms and jargon specific to this Procedure are defined inhttpsicentraltdocstransportnswgovauotcscsexeappnodes3574566

6 Related Documents and References

Related Documents and References

na

7 Superseded Documents

Superseded Documents

Exhumation Management Plan Version 22

Exhumation Management Plan Version 30

8 Document History

Version Date of approval Notes

11 May 2017 New IMS document

20 July 2017 Incorporates Stage 2 (Section 3)

21

February 2019

Extended for Metro Program wide application includes changes specific Central Station management incorporates comments received from the State Coronerrsquos Office NSW Police NSW Health Sydney Metro Environmental Environmental Representatives engaged on the Central site and the Office of Environment and Heritage

22 February 2019 Incorporates comments received from Artefact Heritage and Denise Donlan issued to Health and OEH HD for consultation

30 May 2019 Incorporates Health Coroner and OEH comments

40 April 2020 Updates to remove specific references to City and South West and Central Station

Change of title to ldquoProcedurerdquo

Update to references

9 Schedule of Acronyms

Acronym Meaning

AARD Archaeological Assessment and Research Design

ACHAR Aboriginal Cultural Heritage Assessment Report

AMS Archaeological Method Statement

CSSI Critical State Significant Infrastructure

ER Environmental Representative (Independent)

ExMP Exhumation Management Plan (this plan)

OEH Office of Environment and Heritage

PHU Public Health Unit

RAPs Registered Aboriginal Parties

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Appendix 1

NSW Heath Policy Directive for Exhumation of Human Remains

Policy Directive

Ministry of Health NSW 73 Miller Street North Sydney NSW 2060

Locked Mail Bag 961 North Sydney NSW 2059 Telephone (02) 9391 9000 Fax (02) 9391 9101

httpwwwhealthnswgovaupolicies

Exhumation of Human Remains

Document Number PD2013_046

Publication date 05-Dec-2013

Functional Sub group Population Health - Environmental

Summary This document provides the policy to be observed by NSW Health in receipt of an application to seek permission for approval of the exhumation of human remains under clauses 69-72 of the Public Health Regulation 2012 This Policy Directive will provide the conditions on which approvals may be granted for exhumation of human remains

Replaces Doc No Burials - Exhumation of Human Remains [PD2008_022]

Author Branch Environmental Health

Branch contact Environmental Health 94245823

Applies to Local Health Districts Environmental Health Officers of Local Councils Ministry of Health Public Health Units Public Hospitals

Audience Authorised officers from Public Health Units and local councils

Distributed to Public Health System Environmental Health Officers of Local Councils NSW Ambulance Service Ministry of Health Public Health Units Public Hospitals

Review date 05-Dec-2018

Policy Manual Patient Matters

File No 081292

Status Active

Director-General

This Policy Directive may be varied withdrawn or replaced at any time Compliance with this directive is mandatory for NSW Health and is a condition of subsidy for public health organisations

POLICY STATEMENT

Issue date December-2013 PD2013_046 Page 1 of 2

EXHUMATION OF HUMAN REMAINS

PURPOSE

This document provides the policy to be observed by Public Health Units located in Local Health Districts on receipt of an application to seek permission for approval of the exhumation of human remains under the Public Health Regulation 2012 Common reasons for exhuming bodies include to repatriate the remains overseas or to relocate the body to another cemetery plot or vault

MANDATORY REQUIREMENTS

Under Clause 69 of the Public Health Regulation 2012 a person must not exhume a body unless the exhumation of the remains has been approved by the Director-General

An application for approval to exhume the remains of the body of a dead person may be made to the Director General by

An executor of the estate of the dead person

The nearest surviving relative of the dead person

If there is no such executor or relative available to make the application a person who in the opinion of the Director-General is a proper person may make the application

An application is to be made in the approved form and it is to be accompanied by

A certified copy of the death certificate relating to the dead person

A statutory declaration as to the relationship of the applicant to the dead person and the dead persons wishes if any regarding the disposal of his or her body

An application fee

Under Clause 71 of the Public Health Regulation 2012 the Director-General may

Grant an approval to exhume the remains of a body

Refuse the application

Under Clause 72 an exhumation cannot take place without an authorised officer or a Ministry of Health staff member present A person must not proceed with an exhumation if the authorised officer or Ministry of Health staff member who is present at the exhumation orders the exhumation to stop

Under Clause 78 if the applicant seeks to have the exhumed body cremated a separate application can be made for an exemption from providing the required cremation documentation provided the body has been buried for longer than 10 years The minimum 10 year period is strictly enforced An application under this clause is to be accompanied by a fee of $100

IMPLEMENTATION

Authorised officers in Public Health Units of Local Health Districts are responsible for assessing applications for exhumation of human remains and either approving with a set of conditions or rejecting the application Authorised officers should ensure that all of the required document has been submitted with the application fee and that an appropriate person has applied for the application The approval granted is valid for a period of three months after the approval is granted

POLICY STATEMENT

Issue date December-2013 PD2013_046 Page 2 of 2

REVISION HISTORY

Version Approved by Amendment notes

December 2013 PD2013_046

Deputy Director- General Population and Public Health

This document is an updating of the original document due to legal changes under the Public Health Regulation 2012

23 April 2008 PD2008_022

Director-General This document provided the policy to be observed by NSW Health in receipt of an application to seek permission for approval of exhumation of human remains under clauses 25 ndash 28 of the Public Health (Disposal of Bodies) Regulation 2002 It provided the conditions upon which approvals could be granted for the exhumation of human remains

ATTACHMENTS

1 Exhumation of Human Remains Procedures

Exhumation of Human Remains PROCEDURES

Issue date December-2013

PD2013_046

Exhumation of Human Remains

Issue date December-2013 PD2013_046 Contents Page

PROCEDURES

CONTENTS

1 BACKGROUND 2

11 Introduction 2

12 Key definitions 2

13 Legal and legislative framework 3

2 APPLICATION REQUIREMENTS 6

3 APPROVAL BY PUBLIC HEALTH UNITS 7

31 Delegation 7

32 Special Considerations on Exhumation Approval 7

33 Conditions of Approval 8

34 Approval Instrument 8

35 Notification of Approval 8

36 Refusals 8

37 Cremation of Remains 8

APPENDIX 1 10

APPENDIX 2 11

APPENDIX 3 12

APPENDIX 4 13

APPENDIX 5 14

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 2 of 14

1 BACKGROUND

11 Introduction

Exhumation of human remains may occur for a number of reasons including

To satisfy family wishes where the family of the deceased person may want the remains to be moved to another burial ground to another part of the state or country or abroad or even to have the remains cremated

To obey Coronial orders requiring exhumation for forensic (criminal) investigation

To enable the use of closed cemeteries for redevelopment or for the construction of new infrastructure such as a road or airport

A variety of people including authorised officers cemetery authorities and funeral directors are involved at different stages of exhumation procedures

Public Health Units (PHUs) of Local Health Districts (LHDs) in NSW facilitate the approval for an exhumation however there is no obligation to proceed with an exhumation once it has been approved

The objectives of this document are

To assist authorised officers with processing applications to exhume

To standardise the management of an exhumation so as to prevent a public health risk and protect community amenity in the handling of remains

12 Key definitions

These definitions are repeated from the Public Health Act 2010 and Public Health Regulation 2012 for clarity

Body Means the body of a dead person but does not include

the cremated remains of the person

Burial Includes putting the body in a vault

Cemetery Authority Means the person or body that directs the operations of a cemetery

Coroner Means a person who exercises or performs the functions of a coroner in accordance with the Coroners Act 2009

Dead person Includes a still-born child (see definition of Still birth)

Exhumation Means the removal of a dead personrsquos remains (not being cremated remains) from a grave or vault but does not include their removal from one vault for immediate transfer to another vault in the same cemetery or their temporary removal for the purposes of reburial in the same grave or vault

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 3 of 14

Funeral director Means a person (other than the operator of a mortuary transport service) who in the conduct of the personrsquos business engages for the purpose of burial cremation or transport in the collection transport storage preparation or embalming of bodies or engages in the conduct of exhumations

Prescribed infectious diseases

Means any one of the following diseases avian influenza in humans diphtheria plague respiratory anthrax smallpox severe acute respiratory syndrome tuberculosis and any viral haemorrhagic fever (including Lassa Marburg Ebola and Congo-Crimean fevers)

Proper person The Director General has the power to decide whether a person is a lsquoproper personrsquo to make an application to exhume the remains of a dead person

Nearest surviving relative

Means (a) In relation to a still-born child a parent or sibling at or above the age of 16 years of the child (b) In relation to a dead person who is not a still-born child ndash the spouse or de facto partner of the dead person immediately before death a parent of the dead person a child at or above the age of 16 years of the dead person or any relative of the dead person who was residing with the dead person when he or she died

Still-birth Consistent with the Births Deaths amp Marriages Act 1995 means the birth of a child that exhibits no sign of respiration or heartbeat or other sign of life after birth and that (a) Is of at least 20 weeksrsquo gestation (b) If it cannot be reliably established whether the period of gestation is more or less than 20 weeks has a body mass of at least 400 grams at birth

13 Legal and legislative framework

Public Health Regulation 2012

Division 4 of Part 8 of the Public Health Regulation 2012 provides specific regulation for the exhumation of bodies

Clause 69 Exhumation without approval prohibited

(1) A person must not exhume the remains of a body unless the exhumation of those remains has been

(a) Ordered by a coroner

(b) Approved by the Director-General

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 4 of 14

(2) However a funeral director may without a coronerrsquos order or Director-Generalrsquos approval transfer a coffin from a vault in a cemetery to a mortuary for the purpose of the coffin being immediately repaired and returned to the vault

(3) A funeral director must return the coffin to the cemetery within 24 hours of its transfer

Clause 70 Application to exhume remains

(1) An application for approval to exhume the remains of the body of a dead person may be made to the Director-General by

(a) An executor of the estate of the dead person

(b) The nearest surviving relative of the dead person

(c) If there is no such executor or relative available to make the application a person who in the opinion of the Director-General is a proper person in all the circumstances may make the application

(2) An application is to be made in the approved form and is to be accompanied by

(a) A certified copy of the death certificate relating to the dead person

(b) A statutory declaration as to the relationship of the applicant to the dead person and the dead personrsquos wishes if any regarding the disposal of his or her body (so far as any such wishes are known to the applicant)

(c) An application fee (please check with the PHU for the current fee)

(3) In this clause death certificate means a certificate given by a medical practitioner as to the cause of death or issued under the Births Deaths and Marriages Registration Act 1995

All applications to exhume remains must be made in writing using an approved form to the Director of the local Public Health Unit that acts on behalf of the Director-General of the NSW Ministry of Health The application fee may increase periodically in line with the Consumer Price Index

Clause 71 Approval to exhume remains

(1) The Director-General may

(a) Grant an approval to exhume the remains of a body subject to any conditions specified in the approval

(b) Refuse the application

(2) An approval granted under this clause remains valid for three months from the date of the approval or for a period agreed to by the Director-General

The PHU is not bound to approve the application The PHU may approve subject to conditions or refuse the application An approval is normally given for 3 calendar months and this date will be specified in a schedule of conditions attached to the approval document Any further extension of time may require re-application and re-approval An approval initially for longer than three calendar months should be negotiated with the PHU

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 5 of 14

Clause 72 Exhumation not to take place without authorised officer present

(1) A person must not proceed with an exhumation unless an authorised officer or a member of staff of the Ministry of Health is present at the exhumation

(2) A person must not proceed with an exhumation if the authorised officer or Ministry staff member who is present at the exhumation orders the exhumation to stop

The grave may be excavated to the lid of the coffin but nothing must be disturbed until the arrival of the authorised officer An authorised officer must be present at the exhumation to ensure that the correct interment is opened to ensure that all of the remains are exhumed and to enforce the protection of public health should this be necessary The authorised officer has the power to order that the exhumation be stopped immediately under adverse circumstances An example of where this may occur is where the weather is very poor with heavy rain The initial order to stop is to be given verbally and then confirmed in writing to all parties involved within 24 hours

Division 5 of Part 8 of the Public Health Regulation 2012 provides for cremation of deceased persons

Clause 78 No cremation without documentation

Clause 78 does not apply to a cremation of the body of a dead person that has been buried for at least 10 years if the cremation is carried out in accordance with an exemption granted by the Director-General following an application by

1) An executor of the estate of the dead person

2) The nearest surviving relative of the dead person

3) If there is no such executor or relative available to make the application a person who in the opinion of the Director-General is a proper person in all the circumstances to make the application

This is a new addition to the Exhumation section of the Regulation that may be used where a person makes a separate application to have the exhumed body cremated following the exhumation

Note The Director-Generalrsquos authority under Clause 78 (4) of the Public Health Regulation 2012 (Delegations Manual page 866 delegation (PH590)) is the power to decide whether a person is a ldquoproper personrdquo to make an application in the absence of an executor or surviving relative

Work Health and Safety Act 2011

The Work Health and Safety Act 2011 and Code of Practice for Excavation provisions apply to protect personnel involved in the exhumation procedure by creating and maintaining safe and healthy work practices Graves crypts and vaults could be considered to be confined spaces in some circumstances under health and safety legislation The Work Health and Safety Act 2011 makes reference to working in confined spaces

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 6 of 14

WHampS matters are enforced by WorkCover NSW More information on safe work practices is available at httpwwwworkcovernswgovaudefault or by contacting Workcover NSW direct on 13 10 50

Heritage Act 1977

The Heritage Act 1977 and Guidelines for the Management of Human Skeletal Remains under the Heritage Act 1977 applies to relic burials Any burial site over 50 years old is considered to be relic under the Heritage Act If the site is listed on the State Heritage Register then approval is required from the Heritage Council of NSW

An application must be made to the Heritage Office before any disturbance removal or work commences on the site Approval for an exhumation under the Public Health Regulation 2012 does not obviate the necessity to obtain approval under the Heritage Act 1977 For further information contact the Heritage Office of NSW or visit httpwwwheritagenswgovau

Coronerrsquos Act 2009

A coroner may order an exhumation for the purposes of forensic investigation or a criminal investigation Such an order is outside the ambit of the Public Health Regulation 2012 The Police may request that an authorised officer from the Ministry of Health or the local Public Health Unit be present at the coronial exhumation

Births Deaths and Marriages Registration Act 1995

Section 41(2) of the Births Deaths and Marriages Registration Act 1995 requires that if human remains (other than cremated remains) are removed from NSW the funeral director or other person who arranges for the removal of the remains from NSW must within 28 days of disposal of the remains outside NSW give the Registrar notice of the new location of interment The act is available at httpwwwaustliieduauaulegisnswconsol_actbdamra1995383 The Registry of Births Deaths and Marriages may be contacted via httpwwwbdmnswgovau

2 APPLICATION REQUIREMENTS

An application for permission to exhume the remains of a deceased person is to be made to the PHU on the approved form which is contained at the NSW Ministry of Health website at httpwwwhealthnswgovauenvironmentdotdDocumentsform-c70- application-to-exhumepdf

The application must be made by either

An executor of the estate of the deceased

The nearest surviving relative

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 7 of 14

If there is no such executor or relative available to make the application a person who in the opinion of the Director-General is a proper person in all the circumstances to make the application

The application must be accompanied by

A certified copy of the death certificate (death certificate issued by the Registry of Births Deaths and Marriages)

A statutory declaration that states

The relationship between the applicant and the deceased or the reason the applicant is the proper person to make the application

If the deceased left any instructions regarding the disposal of their bodyremains if known

In addition to the above an applicant should declare that he or she has consulted each nearest surviving relative and that they have no objection to the proposed exhumation

An application fee (please check with the PHU for the current fee)

Note If there is no agreement amongst nearest surviving relatives the applicant should seek independent legal advice regarding this issue The applicant should advise if there is an intention to cremate the body following the body being exhumed and the appropriate form completed

3 APPROVAL BY PUBLIC HEALTH UNITS

Approval by PHUs for an exhumation must be given by formal correspondence

31 Delegation

The Director-Generalrsquos authority under clauses 69(1) 70(1)(c) and 71 of the Public Health Regulation 2012 has been delegated to the Chief Health Officer Director Health Protection Public Health Officer or Public Health Unit Director as appointed under Section 121 of the Act (delegation PH308 PH309)

32 Special Considerations on Exhumation Approval

Special consideration should be given to the approval of an exhumation if the deceased was infected with a prescribed infectious disease For example if the deceased was infected with diphtheria or tuberculosis exhumation should not permitted in the first year of interment

Although not prohibited an exhumation of the remains of a body that was buried without a coffin will be approved only where the cemetery authority and funeral director have agreed to proceed with the exhumation especially during the first three years of interment

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 8 of 14

33 Conditions of Approval

After due consideration of the application and the statutory declaration(s) the PHU should then consider applying appropriate conditions to facilitate an approval

There are two standard sets of approval conditions which can be applied as appropriate

Appendix 2 ndash Schedule A - Conditions of Approval for Exhumation from a Grave

Appendix 3 ndash Schedule B - Conditions of Approval for Exhumation from an Above Ground Structure

Any other additional conditions that are deemed necessary to permit the exhumation may be added to schedule A or B based on the individual circumstances of the exhumation If some conditions are unwarranted they may be removed from the relevant schedule

34 Approval Instrument

An approval must be in writing and must be signed the Director General or their delegate A template to assist in the approval process can be found at Appendix 4 This template is to be completed by the Authorised Officer in order to facilitate approval by the delegate

35 Notification of Approval

The approval instrument is retained on file as a record that approval was granted by the Director General or their delegate Therefore it is necessary to advise the applicant the cemetery authority and the funeral director of the approval

The attached letter templates may be used for approval notification of the exhumation to the applicant funeral director and Cemetery Authority

Appendix 5 ndash Sample Letter to Applicant

Appendix 6 ndash Sample Letter to the Cemetery Authority and Funeral Director

36 Refusals

If after due consideration the application is to be refused then the applicant should be notified in writing specifying the reasons for refusal Ideally the applicant should consult the PHU in the first instance to discuss the requirements and possible restrictions on an application to exhume

37 Cremation of Remains

Division 5 of Part 8 of the Public Health Regulation 2012 sets out the requirements for documentation for cremations in NSW and includes the requirement for a cremation application form a cremation certificate and the cremation permit The documentation confirms the identity of the body to be cremated and the cause of death and ensures that a coronerrsquos investigation has been conducted where necessary

After the body is exhumed the next of kin may wish to have the body cremated However there may be cases whereby the body does not have the required paperwork necessary for cremation Clause 78 of the Public Health Regulation 2012 provides an exemption for

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 9 of 14

the required documentation for cremation where the body has been buried for longer than 10 years An application under this clause is to be accompanied by a fee

The Director General has the power to approve an exemption and the executor or the nearest surviving relative or another proper person may make application on form lsquoApplication for Exemption by the Director ndash General to the Requirement for Documentation for Cremation to Proceed Permission for Cremation of Exhumed Remains of a Body Buried more than 10 years ago with statutory declarationrsquo The minimum 10 year period will be strictly enforced and this matter should be clarified prior to any exhumation approval where it is planned for the remains to be subsequently cremated The application form is available at httpwwwhealthnswgovauenvironmentdotdDocumentsform-c78-application-for- exemptionpdf

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 10 of 14

APPENDIX 1

Schedule A

CONDITIONS OF APPROVAL FOR EXHUMATION FROM GRAVE

1 The exhumation is to be carried out in the presence of a Public Health Unitrsquos authorised

officer or other authorised officer of the NSW Ministry of Health or Local Council authorised Officer and person appointed by Cemetery Authority

2 At least 48 hoursrsquo notice of the exhumation arrangements shall be given to the Public Health Unit

3 Day and time of the exhumation shall be arranged by the participating parties and agreed

to by the Public Health Unit

4 The approval granted is valid for a period of three months and shall lapse on unless a further approval is granted

5 The presence of any relative of the deceased at the exhumation is strictly prohibited

6 No animals are to be permitted within the exhumation site

7 The cemetery authority and funeral director shall be responsible for the work health and safety of all persons involved in the exhumation and shall ensure that all NSW WorkCover requirements are complied with

8 If during the course of the exhumation it is determined necessary to stop the exhumation

by either the exhumation supervisor cemetery manager or authorised Officer for any valid reason eg work health and or public health risk then the exhumation must cease

9 The remains of the deceased shall be enclosed in a body bag and placed into a new coffin

with a name plate attached inscribed with the name of the deceased

10 The remains of the original coffin are to be placed in the new coffin where possible Where there is an excess of remains of the original coffin these remains should be disposed in a sanitary and agreed manner

11 Excavated soil should be back filled The soil that was removed from immediately above

and around the coffin should be replaced first

12 If the exhumed remains are to be transferred to another cemetery a funeral director shall be contracted to transfer the remains from the cemetery grounds or carry out preparatory work for the safe reinterment of the remains

13 The exhumation will not proceed during or following a period of heavy rainfall within the preceding 24 hours of the appointed time of exhumation The cemetery manager is to confirm that satisfactory conditions exist for the exhumation to proceed two hours prior to the commencement of the exhumation

14 Used disposable protective equipment and materials are to be placed in a sealed plastic

bag and disposed of in a sanitary manner

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 11 of 14

APPENDIX 2

Schedule B

CONDITIONS OF APPROVAL FOR EXHUMATION FROM ABOVE GROUND STRUCTURE

1 The exhumation is to be carried out in presence of a Public Health Unit authorised officer or other authorised officer of the NSW Ministry of Health or Local Council authorised Officer and person appointed by Cemetery Authority

2 At least 48 hoursrsquo notice of the exhumation arrangements shall be given to the Public Health Unit

3 Date and time of the exhumation shall be arranged by the participating parties and agreed to

by the Public Health Unit

4 An approval granted is valid for a period of three months and shall lapse on unless a further approval is granted

5 The cemetery authority and funeral director shall be responsible for the work health and safety of all persons involved in the exhumation and shall ensure that all NSW WorkCover requirements are complied with

6 If during the course of the exhumation it is determined necessary to stop the exhumation by

either the exhumation supervisor Cemetery Manager or authorised officer if for any valid reason eg worker health andor public health risks then the exhumation must cease

7 Used disposable protective equipment and materials are to be placed in a sealed plastic bag

and disposed in a sanitary manner

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 12 of 14

APPENDIX 3

LETTERHEAD

APPROVAL INSTRUMENT TEMPLATE

Public Health Unit Environmental Health Section

File Number [XXXXX]

PURPOSE To approve of the exhumation of the late

RECOMMENDATION

Approval is granted by the Director General pursuant to clause 71(1)(a) Public Health Regulation

2012 to [NAME OF APPLICANT] to exhume the remains of the late [NAME OF DECEASED]

KEY ISSUES

[DETAILS OF THE APPLICATION STATUTORY DECLARATION RELEVANT ISSUES

MANAGEMENT PLAN AND JUSTIFICATION OF SUGGESTED CONDITIONS ARE TO BE

INCLUDED HERE]

BACKGROUND (TO BE COMPLETED BY PHU)

CONSULTATION (TO BE COMPLETED BY PHU WHERE APPROPRIATE)

The approval be subject to compliance with the conditions specified in Schedule A Schedule B

and to expire on

Signature Authorised officer

Author Telephone Date

1 Authorised officer

2 Public Health Unit Director Public Health Officer [SIGN AND DATE]

Approved via delegation from the Director-General PH308 PH309 page 863 Public

Health Delegations Manual under clause 69(1) and 70(1) (C) Public Health Regulation

2012

3 Authorised officer

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 13 of 14

APPENDIX 4

LETTERHEAD

SAMPLE LETTER TO APPLICANT

[APPLICANTrsquoS NAME] [ADDRESS]

Dear [APPLICANTrsquoS NAME]

Reference is made to your application of [DATE] requesting approval to exhume the remains of

late [NAME OF DECEASED] from grave vault crypt No Section [NAME OF

PLACE OF INTERMENT OR CEMETERY] for the purpose of re-interment to [NAME OF PLACE

FOR RE-INTERMENT]

Approval has been granted by the Director-General pursuant to clause 71 (1) (a) Public Health

Regulation 2012 subject to compliance with the conditions specified in Schedule A Schedule B

attached

The funeral director and cemetery authority have been advised of the approval

Should you have any inquiries please contact the authorised officer [EHO] on [TELEPHONE] or (EMAIL ADDRESS)

Yours sincerely

[NAME] Public Health Unit DirectorPublic Health Officer

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 14 of 14

APPENDIX 5

LETTERHEAD

SAMPLE LETTER TO CEMETERY AUTHORITY AND FUNERAL DIRECTORS

[NAME] [ADDRESS]

[DATE]

Dear [NAME]

EXHUMATION OF THE REMAINS OF THE LATE [NAME OF DECEASED]

Approval has been granted for the exhumation of the late [NAME OF DECEASED] from grave

vault crypt No Section [NAME OF PLACE OF INTERMENT OR

CEMETERY] in accordance with clause 71(1) (a) of the Public Health Regulation 2012 and

subject to compliance with the conditions specified in Schedule A Schedule B attached

A copy of the approval letter is attached for your information

Should you have any inquiries please contact [Authorised Officer) on [TELEPHONE] or email address

Yours sincerely

[NAME] Public Health Unit DirectorPublic Health Officer

Unclassified

Sydney Metro Exhumation Procedure v40 (final)

Unclassified

Addendum 2

NSW Heath Permit Application form

copy Sydney Metro 2017 Page 23 of 24

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

APPLICATION TO EXHUME REMAINS PUBLIC HEALTH REGULATION 2012 Clause 70(2)

In accordance with the requirements of Clause 70 (2) of the Public Health Regulation 2012 I helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Full name of applicant)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby (Address)

apply for permission to exhume the remains of the late helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Name of deceased)

from Grave Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Section helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip being a single

interment within the helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCemetery for the purpose of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

I seek permission to exhume for the following reasons

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

The deceased (cross out which is not applicable)

was not known to be infected with a prescribed infectious disease as defined in clause 53 of the Public Health Regulation 2012 or

was known to be infected with a prescribed infectious disease as defined in clause 53 of the Public Health Regulation 2012

I am entitled to make this application because I am (tick one)

1 [ ] The executor of the estate of the deceased or

2 [ ] The nearest surviving relative of the deceased or

3 [ ] If there is no such executor or relative available to make the application another the proper person to make the application for the reasons set out below

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Full reasons for proper person to make application) Attached is

1 A certified copy of the death certificate of the deceased

2 A statutory declaration as to

My relationship to the deceased and

the wishes of the deceased regarding the disposal of the body (if known)

the reasons why the Director-General may consider me the proper person in all the circumstances to make the application (if applicable)

3 The application fee of $helliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicant)

The exhumation is to be supervised in strict accordance with the attached Plan of Management

by helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

employed with helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(Funeral DirectorCemetery)

in the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Form C70

Unclassified

copy Sydney Metro 2017 Unclassified Page 24 of 24

ExMP v30 (final)

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

bttp wwwshd nsw gay auQQpulat onhealthPubtic Healthhtml

NSW

Public Health Unit ll iI I

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 57 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 6 - Air Quality amp Dust Management Sub Plan Responsibility

Objectives amp Targets

Refer to the Site Objectives amp Targets (section 57 of this CEMP) Minimise gaseous and particulate pollutant emissions from construction activities as far as feasible and reasonable Identify and control potential dust and air pollutant sources

Project Manager

Performance Criteria

100 Compliance with Client amp legal requirements 100 achievement with Site Objectives amp targets 100 achievement of relevant Sydney Metro CEMF objectives

Project Manager

Mitigation Measures

General Site related dust identifiable fumes odours and vapours will not infringe beyond site boundaries where practical

Project Manager

Training and Competency

As part of the Site Induction workers will be informed of the Site specific controls required for air quality and dust management including - Correct use of PPE - Use of monitoring equipment - Methods to control dust

Project Manager

Greenhouse Gases

Regular maintenance of plant and equipment for optimum performance will be undertaken to keep emissions to a minimum and increase plant productivity

Vehicles and equipment must be fitted with appropriate emission control equipment and routinely maintained Plant should be switched off when not in use wherever practicable

All plant equipment and vehicles are to be regularly monitored and maintained and records kept of maintenance Engine tampering to increase power output is prohibited

Air emissions from plant vehicles and equipment should be visually monitored throughout construction

Comply with National Greenhouse Emission Reporting Scheme (NGERS) reporting requirements

Project Manager

Dark Smoke

All internal combustion engines will be regularly serviced to ensure optimum operation and minimise the volume of visible smoke emitted Any Plant or light vehicles emitting unreasonable smoke (concentrations higher than normal operation) will cease operation and be serviced by a trained and qualified technician

Materials on site will not be burned intentionally without consulting and obtaining the authorisation of the relevant Local Shire Fire Authority and Client The burning of any material on site should be a last option after alternative methods have been considered

All

Dust Monitoring

The following dust monitoring methods will be applied on the Site

Obtaining weather reports from the Bureau of Meteorology (BOM) website Visual inspection

Project Engineer

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 58 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 6 - Air Quality amp Dust Management Sub Plan Responsibility

Dust Control

Dust control methods to be applied on the site to keep dust generated within the site boundaries as reasonably practicable will be

- Wind fencing around the site or between the site and local residences - Application of waterdust suppressant via water carts - Hydro mulching to stabilise soils - Physical application of ground cover - Cessation of works in adverse weather conditions - Restricted speed limits on site - Reschedule dust generating activities to avoid adverse weather conditions - Communicate dust risk and mitigation measures to staff prior to commencing work

All

Fumes Odours and Vapours

The Site will endeavour to keep the generation of emission of unreasonable levels of fumes odours and vapours to a minimum Refer to the Waste Management Sub Plan and Hydrocarbon and Chemical Environmental Management Sub Plan which detail storage and handling controls that minimise fumes odours and vapours

All

Environmental Inspections amp Monitoring

Daily (Visual) and weekly (documented)

General observation for dust mitigation measures onsite Weekly inspections using Georgiou Beakon inspection form

All staff

Reporting HSEQ Monthly Management Meeting Monthly Environmental Performance Report

Project Manager

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 59 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 7- Noise Vibration and Light spill Management Sub Plan Responsibility

Objectives amp Targets

Refer to the Site Objectives amp Targets (section 57 of this CEMP) Minimise unreasonable noise and vibration impacts on residents and businesses Avoid structural damage to buildings or heritage items as a result of construction vibration Undertake active community consultation Reduce visual impact of construction to surrounding community Maintain positive cooperative relationships with schools childcare centres local residents and building owners

Project Manager

Performance Criteria

100 Compliance with Client amp legal requirements 100 achievement with Site Objectives amp targets 100 achievement of relevant Sydney Metro CEMF objectives

Project Manager

Mitigation Measures

Community

The nearest noise and vibration sensitive receivers will be notified of future works and expected levels of noise and vibration well in advance of the works occurring Notifications will be in accordance with the Community Communications Strategy

Information will be provided to the affected community before and during construction through media such as letterbox drops meetings or individual contact A website will also be established for the project to provide information

A toll-free 24hour project hotline will be provided for enquiries and complaints during the works

Sydney Metro and Georgiou Project Manager

Training and Competency

As part of the Site Induction workers will be informed of the site specific management required

for noise and vibration including

- Sensitive receivers - Hours of works - Correct use of plant and equipment - Monitoring requirements

Standard hours of construction

Approved standard hours of construction are Monday to Friday

7 am to 6 pm Saturday 8 am to 1 pm No work on Sundays or public holidays

Project Manager

Out of Hours works Any out of hourrsquos works will require a noise assessment and approval by Sydney Metro through the out of hourrsquos application (Appendix 7A)

Project Engineer Environmental Site Representative

Plant Equipment amp Vehicles

All operators of plant will comply with requirements of the Construction Traffic Management Plan in relation to parking and laydown access and egress to site haulage routes and general site traffic movements

Plant will be fitted with appropriate noise emissionvibration control equipment Plant will be fitted with adequate seat suspension

Plant Department

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 60 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 7- Noise Vibration and Light spill Management Sub Plan Responsibility

Plant should be switched off when not in use wherever practicable Tasks using equipment that causes vibration to hands will be rotated at intervals to reduce

exposure Consideration may be given to the use of anti-vibration PPE All plant equipment and vehicles are to be regularly monitored and maintained and records kept

of maintenance Any abnormalities in expected noise or vibration emissions will be recorded in the plantrsquos log

book and reported to the plant department Prioritise the use of hydraulic concrete shears jaw crushers coring and wire sawing in lieu of

rockbreakers for demolition of structures Use of smaller capacity rockbreakers or lower vibration generating rockbreakers Consider methods of isolating the vibration sensitive structure from the vibration intensive work

area by severing the vibration transmission path using non-vibration intensive means such a sawing

Lighting of construction areas (if required) would be orientated to minimise glare and light spill impacts on adjacent receivers

Monitoring

Continuous vibration monitoring will be undertaken whenever vibration generating plant will be working close to or within the recommended minimum working distances

When conducting vibration monitoring within or near the minimum working distances a warning system will be implemented including one or both of an audible andor visual warning alarm andor SMS andor email alerts to site staff

Attended noise monitoring will occur at the nearest noise sensitive receiver when - Requested by Sydney Metro - When noise levels are predicted to exceed the NML by more than 10dBA - When out of hours works continue past midnight - When noise complaints are received

Noise monitoring will determine if the predictions in the noise assessment were accurate

Project Engineer Environmental Site Representative

Environmental Inspections amp Monitoring

Daily (Visual) and weekly (documented)

General observation for noise and vibration mitigation measures onsite Weekly inspections using Georgiou Beakon inspection form

All staff

Reporting HSEQ Monthly Management Meeting Monthly Environmental Performance Report

Project Manager

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 61 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 7A ndash Sydney Metro Out of Hours Application form

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 1 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

Out of hours work application form

This form is to be used for formal review and approval of out of hours (OOH) work as it may affect Residential and non-residential receivers This form can be used in accordance with the SM-17-00005396 City amp Southwest out of hours work protocol Each OOH application and all applicable appendices must be submitted to Sydney Metro as one PDF file at least 15 business days prior to the commencement of the proposed OOH work

1 OOH Application

Sydney Metro Project

Eg City amp Southwest Greater West West etc

Contract

Contractor

Application Title

Eg lsquoSmith St service relocation worksrsquo

Application Number

Eg 1 2 3 etc

Application Date

Original submission date (resubmission date in parentheses if applicable)

Relevant Planning Approval

Environment Protection Licence (EPL)

If subject to an EPL state title and number

2 Proposed OOH Work Details

Description of works including

Work methodologies

List of plantequipment to be used (worst case scenario)

Location Map (andor Environmental Control Map) attached as Appendix 1 indicating location of works plantequipment locations and receivers (including distance to nearest receiver for noisiest plantequipment)

Traffic Management Plan andor Traffic Control Plan if applicable as Appendix 2

Timing of works

Including proposed datestimes works are planned to be undertaken outside standard hours

Worst-case number of consecutive occasions affecting the same receiver

Refer to Section 4 for definition of lsquooccasionrsquo

Justification

Demonstrate how the proposed OOH work has been scheduled in accordance with the OOH work period prioritisation list Program acceleration is generally not accepted as a justification

Unless specified otherwise in project-specific documentation the prioritisation of work time periods is as follows

Standard Hours 7am to 6pm weekdays and 8am to 1pm Saturdays (note that Standard Hours for works subject to the City amp Southwest Sydenham to Bankstown planning approval also include 1pm to 6pm Saturdays)

Daytime OOH 1pm to 6pm Saturdays and 8am to 6pm Sundays and Public Holidays

Evening OOH 6pm to 9pm every day

Night Time OOH 9pm to 7am weekday mornings and 9pm to 8am weekend and Public Holiday mornings

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 2 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

3 Assessed Noise and Vibration Impacts and Standard Mitigation Measures

Are the proposed works consistent with a prepared Construction Noise amp Vibration Impact Statement (CNVIS) (YN)

If lsquoNrsquo skip this section and move to Section 4

State the title of the CNVIS and attach the section(s) describing the noise and vibration impacts of the proposed works as Appendix 3

Quantitatively summarise the worst-case predicted noise and vibration impacts specific to the proposed OOH work for each OOH period on the nearest receivers and compare these against the respective management levels

For Night Time OOH Period works include a review of potential sleep disturbance impacts in accordance with Section 43 of the ICNG

Worst-case predicted noise impact summary

Worst-case predicted vibration impact summary

Potential sleep disturbance summary (for night time OOH periods only)

Using Table 4 and Table 5 indicate in Table 6

Which Additional Mitigation Measures (AMMs) are applicable for consideration

Which of those applicable for consideration are planned to be implemented

For AMMs that are applicable for consideration but not being implemented justify why the AMM is not being implemented

For AMMs that are being implemented provide details on how the AMM is being implemented (eg which receivers being offered respite alternative accommodation etc)

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 3 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

4 Non-Assessed Noise and Vibration Impacts

Skip this section if Section 3 has been completed in full

A quantitative noise assessment for OOH work is to be carried out in accordance with the Interim Construction Noise Guideline (DECC 2009) This section allows applicants to address these requirements through the following steps

1) Establishing Rating Background Levels (RBLs) and Noise Management Levels (NMLs)

2) Predicting the anticipated noise levels using a quantitative noise assessment

a Works that are not likely to generate high noise impacts for a significant duration may use a preliminary quantitative noise assessment (facilitated within this form) This ensures that all applications as a minimum include a preliminary quantitative noise assessment in accordance with the Interim Construction Noise Guideline (ICNG)

b Works that are likely to generate high noise impacts for a significant duration may require a detailed quantitative noise assessment (eg Construction Noise and Vibration Impact Statement) to be undertaken

c Works that are likely to generate ground-borne or structure-borne vibration andor noise require specialist advice and assessment

3) Comparing predicted noise levels against RBLsNMLs and applying standard mitigation measures as appropriate (ie implementing lsquoall feasible and reasonablersquo mitigation measures in accordance with the ICNG)

4) Considering additional mitigation measures when predicted noise levels exceed RBLsNMLs

The need for a detailed quantitative noise and vibration assessment will be considered by Sydney Metro the contractor and the Acoustic AdvisorEnvironmental Representative (if applicable) collectively when the predicted noise levels are anticipated to

Exceed an RBL at a residential receiver or an NML at a non-residential receiver by more than 10dBA AND

Affect the same receiver on 10 or more consecutive occasions An occasion is anytime works are carried out

o Between 6pm on a weekday and the start of standard hours the next day OR

o Between 1pm on a Saturday and 8am on a Sunday (or between 6pm on a Saturday and 8am on a Sunday for works subject to the Sydenham to Bankstown planning approval) OR

o Between 8am on a Sunday or public holiday and the start of standard hours the next day

A detailed quantitative noise and vibration assessment should generally include

Derivation of RBLs for residential receivers andor derivation of NMLs for non-residential receivers based on noise monitoring at representative locations and local sensitivities

Detailed noise predictions for daytime evening and night time OOH periods (as applicable) in accordance with Section 45 of the ICNG (including an outline of timing duration and predicted noise levels for each OOH period)

For Night Time OOH Period works a review of potential sleep disturbance impacts in accordance with Section 43 of the ICNG

Detailed predictions of vibration levels for sensitive receivers

Please complete the following Steps 1 to 4

Step 1

RBLsNMLs

If RBLs for residential receivers or NMLs for non-residential receivers have already been established (eg in an Environmental Impact Statement Review of Environmental Factors detailed quantitative noise assessment or Construction Noise and Vibration Impact Statement for other work activities) enter into Table 3 and attach the supporting evidence as Appendix 3

If no RBLsNMLs have been established use Table 1 to estimate and enter into Table 3

Step 2

Predicted Anticipated Noise Levels

If predicted anticipated noise levels have already been established (eg in an Environmental Impact Statement Review of Environmental Factors detailed quantitative noise assessment) enter the predicted anticipated noise levels into Table 3 and attach the supporting evidence as Appendix 3

If predicted anticipated noise levels have not already been established use Table 2 to estimate anticipated noise aspects for the noisiest plantequipment and enter into Table 3 In Table 3 use these values to calculate the anticipated predicted noise levels

Step 3

Exceedances and Mitigation Measures

Compare the anticipated predicted noise levels to the applicable RBLsNMLs calculate the exceedances and enter into Table 3 In Section 5 provide a description of the standard mitigation measures that are planned to be implemented in order to mitigate the noise impacts (and vibration impacts if relevant) as much as lsquofeasible and reasonablersquo in accordance with the ICNG

Step 4

Consideration of Additional Mitigation Measures

Use Table 4 and the exceedances in Table 3 to determine the applicable Additional Mitigation Measures for consideration Use

Table 6 to indicate which of these measures are applicable for consideration which will be implemented and provide justificationdetails accordingly

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 4 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

5 Standard Mitigation Measures

Outline the standard noise mitigation measures that will be implemented during the proposed OOH work

Ie Implementation of all lsquofeasible and reasonablersquo mitigation measures in accordance with the ICNG)

Outline the standard vibration mitigation measures that will be implemented during the proposed OOH work

Ie Implementation of all lsquofeasible and reasonablersquo mitigation measures in accordance with the ICNG)

Table 1 Noise RBLs and NMLs

Skip this section RBLs and NMLs have already been established in other documentation

Sensitive Receiver Category Estimated RBLs (dBA)

Residential Daytime OOH Evening OOH Night Time OOH

Urban (eg city hubs near busy roads near industrial activity) 55 50 45

Suburban 45 40 35

Quiet rural or isolated 40 35 30

Non-Residential ICNG NMLs (dBA)

Industrial facilities 75 (only applicable when in use)

Offices or retail 70 (only applicable when in use)

Health and educational facilities 55 (only applicable when in use)

Table 2 Predicted Noise Level Aspects

Skip this section if predicted noise levels have already been established in other documentation

Noise Aspect Select the most applicable value for each noise aspect below and enter into Table 3 dBA

1 PlantEquipment Noise Level at 10m

Including non-continuous use reduction (-5dBA) and annoying activity penalty (+5dBA) for as per ICNG (refer to ICNG Appendix B for predicted noise level data)

Underline indicates vibratory generating plantequipment

Impact sheet piling rig 100

Hand-held tamper excavator with hammer rock-breaker drivenvibratory piling concrete saw diamond saw air track drill large dozer hand-held rail grinder

95

Jackhammer rock crusher angle grinder pneumatic hammer medium dozer tracked loader impact wrench

90

Mainline tamper ballast regulator dynamic track stabiliser vibratory roller mainline rail grinder ballast train (pourfill ballast) chainsaw tub grinderlarge mulcher scraper grader super-suckervacuum truck large backhoewheeled front-end loader bored piling pavement profiler fixed crane tracked excavator

85

Small bulldozer small excavator tower crane truck-mounted crane forklift bobcat skid-steer front-end loader road trucktruck and dog dump truck concrete truckpumpmixer compressor non-vibratorylarge pad foot roller whacker packercompactor water cart pavement laying machine asphalt truck and sprayer line marking truck standard penetration testing welder pin puller

80

Concrete vibrator cherry-picker scissor liftelevated work platformFranna crane small backhoe front end loader fence post driver electric drill rig hand held rattle gun generator (dieselpetrol) spreader

75

Lighting tower medium-rigid trucksemi-trailer welding equipment small front end loader 70

Light vehicle hand-tools (no impact) small cement mixer attenuated generator (inside housing)

65

2 Multiple Plant More than one of the noisiest plant being used simultaneously at roughly the same location +5

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 5 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

3 Local Screening

Existing screening between site and receiver (buildings cuttings canopies etc) - 5

Temporary screening to be implemented near work site - 10

Acoustic shed or enclosure - 25

4 Distance Attenuation

lt 10 metres 0

10 to 20 metres - 5

20 to 35 metres - 10

35 to 60 metres - 15

60 to 100 metres - 20

100 to 180 metres - 25

180 to 350 metres - 30

350 to 1000 metres - 40

Table 3 Predicted Noise Levels and Exceedances of RBLs andor NMLs (dBA)

Skip this section if Section 3 has been completed in full

Period

(only complete as applicable for each period)

Noisiest PlantEquipm

ent

(state the noisiest

plantequipment to be used during each applicable

OOH period)

Receiver Type

(state lsquoResrsquo or lsquoNon-Resrsquo as applicable for

closest receiver to noisiest

plantequipment)

Enter the most applicable values from Table 2 then add to determine

the Predicted Noise Level

Pre

dic

ted

No

ise L

evel

(1 +

2 +

3 +

4)

RB

L (

for

Res)

NM

L (

for

Non-R

es)

Exceedance

(Predicted Noise Level minus RBL for Res or NML for

Non-Res) 1

Pla

nt

Eq

uip

me

nt

No

ise L

evel

2

Mu

ltip

le

Pla

nt

Eq

uip

me

nt

3

Lo

cal

Scre

en

ing

4

Dis

tan

ce

Att

en

ua

tio

n

Daytime OOH

Evening OOH

Night Time OOH

Refer to OOH period timings under Section 2 of this form

Table 4 Additional Mitigation Measures (AMM) requiring Consideration for Implementation

OOH Period

AMMs that must be considered for implementation

(apply the exceedances from Table 3 to the two OOH period categories below as applicable)

lt= 10 dBA Exceedance

10 to lt= 20 dBA Exceedance

20 to lt= 30 dBA Exceedance

gt 30 dBA Exceedance

Daytime OOH Period ndash LB M LB M IB LB PC RO SN

Evening and Night Time OOH Periods

ndash M LB M IB LB PC SN RO M IB LB PC SN RO AA

AA is only applicable to Night Time OOH periods

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 6 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

Table 5 List of Additional Mitigation Measures (AMM)

AMM Abbrev

AMM AMM Descriptions and Guidance

LB

Letterbox-drop

(generic to the project)

A newsletter is generally produced and distributed to the local community via letterbox-drop and the project mailing list These newsletters provide an overview of current and upcoming works across the project and other topics of interest The objective is to engage inform and provide project-specific messages The geographic extent of letterbox-drops is generally centred on the immediate surrounding community within 200 metres from the works site

For works that are subject to the Sydenham to Bankstown planning approval these will include an indicative schedule of likely OOH work for at least the upcoming two month period

M Monitoring

Where it has been identified that specific construction activities are likely to exceed the relevant Rating Background Levels (RBL) andor Noise Management Levels (NMLs) monitoring may be conducted at the affected receiver(s) or a nominated representative location (typically the nearest receiver where more than one receiver have been identified) Monitoring can be in the form of either unattended logging or operator attended surveys The purpose of monitoring is to inform the relevant personnel when the RBLNML has been exceeded so that additional management measures may be implemented

IB Individual Briefings

Individual briefings are used to inform stakeholders about the impacts of high noise activities and mitigation measures that will be implemented Communications representatives would visit identified stakeholders at least 48 hours ahead of potentially disturbing construction activities Individual briefings provide affected stakeholders with personalised contact and tailored advice with the opportunity to comment on the project

PC Phone calls

(andor emails)

Phone calls andor emails (with specific notifications attached) detailing relevant information would be made to identifiedaffected stakeholders within seven days of proposed work The objective of the phone calls andor emails is to support letterbox-drop and specific notifications Phone calls andor emails provide affected stakeholders with personalised contact and tailored advice with the opportunity to provide comments on the proposed work and specific needs

SN

Specific Notifications

(specific to the OOH work)

Specific notifications are letterbox-dropped to identified stakeholders no later than 7 days prior to out of hour construction activities commencing that are likely to exceed the RBLsNMLs Specific notifications may be produced by Sydney Trains or by Sydney Metro (or on behalf of Sydney Metro by a contractor as approved by Sydney Metro)

- Sydney Trains specific notifications cover all works being undertaken by various parties (including Sydney Metro) during designated rail possession periods These specific notifications are delivered 14 days prior to works commencing and are delivered to all properties located within 250m of the proposed works

- Sydney Metro specific notifications focus on proposed Sydney Metro works being undertaken outside of designated rail possession periods and are only produced in the absence of any Sydney Trains notifications covering the proposed works These notifications are delivered 7 days prior to works commencing and are delivered to all properties located within 100m of day works and within 200m of night works

All notifications are emailed to all registered stakeholders on site-specific email distribution lists

For works that are subject to the Sydenham to Bankstown planning approval these will include indicative information on the type of OOH work location duration expected noise characteristics expected noise level and likely mitigation and management measures

RO Respite Offer

The purpose of a project specific respite offer is to provide residents subjected to lengthy periods of noise andor vibration impacts respite during OOH periods Respite offers are offers made to affected receivers to provide a period of either no or limited noise impacts This can be in the form of stopping or limiting works onsite or offering affected receivers dinnermovie vouchers The first priority is to implement a period of no or limited noise impacts If this cannot be achieved dinnermovie vouchers may be offered on a case-by-case basis

AA Alternative

Accommodation (residential only)

Alternative accommodation options may be provided for residents living in close proximity to construction works that are likely to incur unreasonably high impacts during night time OOH periods Alternative accommodation will be considered on a case-by-case basis

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 7 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

Table 6 Consideration of Additional Mitigation Measures (AMM)

Additional Mitigation Measures

Applicable for Consideration

YN

(refer to Table 4)

To be Implemented

YN

JustificationDetails

For AMMs that are applicable for consideration but not being implemented justify why the AMM is not being implemented

For AMMs that are being implemented provide details on how the AMM is being implemented (eg which receivers being offered RO AA etc)

LB

M

IB

PC

SN

RO

AA

For OOH work that is subject to the Sydenham to Bankstown approval and RO is required for consideration include in the lsquoJustificationCommentsrsquo column how community consultation influenced the decision to implement or not implement RO in accordance with Condition E23 If RO is being implemented include how community consultation influenced the manner in which RO is being implemented

6 Consideration Against Relevant Vibration Criteria

Using Table 2 indicate whether any vibratory plantequipment is planned to be used for the proposed works (YN)

If lsquoNrsquo skip this section and move to Section 7

lsquoPeoplersquo Criterion

Are the proposed works anticipated to have any perceptible sleep disturbance impacts (YN)

lsquoStructuresrsquo Criterion

Are the proposed works anticipated to generate greater than 75mms vibration impacts on surrounding structures (generally within 25 metres of works) (YN)

lsquoSensitive Equipmentrsquo Criterion

Are the proposed works anticipated to impact sensitive equipment located in surrounding non-residential receivers (YN)

If lsquoYrsquo is answered to ANY of the above criteria AND the impacts affect the same receiver for more than one consecutive occasion (refer to Section 4 for lsquooccasionrsquo definition) the need to prepare a detailed quantitative assessment will be considered collectively by Sydney Metro the contractor and the Acoustic AdvisorEnvironmental Representative (if applicable)

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 8 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

7 City amp Southwest Construction Noise amp Vibration Strategy Addendum Mitigation Measures

If the proposed OOH work is part of the City amp Southwest project identify any mitigation measures to be implemented that have arisen from the City amp Southwest Construction Noise amp Vibration Strategy Addendum

8 Cumulative Impacts

Document the relevant details of any other OOH work (Sydney Metro or otherwise) that will impact the same receivers as those being impacted by these proposed works either concurrently or within 3 days of the start or end of these proposed works

If other works have been identified in the row above how have the proposed works been coordinated to ensure appropriate respite is provided

9 Community Consultation

What community consultation has been undertaken already

What community consultation is planned to be undertaken

If drafted already attach applicable Community Notification as Appendix 4

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 9 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

10 Contractorrsquos Signature

Contractorrsquos Identification of Risk Level

If subject to the Chatswood to Sydenham (C2S) or Sydenham to Bankstown (S2B) planning approval and not subject to an EPL provide Contractorrsquos Identification of Risk Level (refer to the City amp Southwest OOH Works StrategyProtocol for guidance)

Circle LOW or HIGH

Contractorrsquos Signature

Name

Title

Contact Number

Date

11 Contractorrsquos Contact Details

Contractor Personnel Name Mobile

Manager Environment

Manager Communications

Contractorrsquos Representative

Contractorrsquos 24hr contact person

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 10 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

C2SS2B Planning Approval Determination Page

Step 1 ndash Endorsement from Sydney Metro Director Public

Communications or Contractorrsquos Communications Manager

Step 2 ndash Risk IdentificationEndorsement from the AA under the C2S Planning Approval or from the

ER under the S2B Planning Approval

Step 3 ndash If works are under Sydney Trains EPL approval from Sydney Metro Director of Planning Environment and Sustainability

If works are not under an EPL approval from either the ER or the Secretary of the NSW Department of Planning amp Environment

Risk Level NA

If not subject to an EPL circle Risk Level as LOW or HIGH

If works are HIGH Risk Level and after 9pm Sydney Metro submits application to the Secretary of the

NSW Department of Planning amp Environment for approval

NA

Signature

Approved Road Occupancy LicenceRoad Opening Permit (if applicable) must be sighted prior to endorsement

Name

Role

Date

Comments

(including AAER Risk Level comments if applicable)

Conditions

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 11 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

Generic Determination Page (ie not subject to C2S or S2B planning approvals)

Step 1 ndash Sydney Metro Director of

Project Communications

Step 2 ndash Acoustic Advisor

(may be optional depending on planning approval or contract requirements)

Step 3 ndash Environmental Representative

(may be optional depending on planning approval or contract requirements)

Step 4 ndashSydney Metro Director of Planning Environment amp Sustainability

(only required if not approved already)

Action Endorsement Circle Endorsement or Approval Circle Endorsement or Approval Approval

Signature

Approved Road Occupancy LicenceRoad Opening Permit (if applicable) must be sighted prior to endorsement

Name

Date

Comments

Conditions

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 12 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

Appendix 1 Location Map (andor Environmental Control Map)

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 13 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

Appendix 2 Traffic Management Plan andor Traffic Control Plan

(if applicable)

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 14 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

Appendix 3 Supporting Evidence for Noise amp Vibration Impacts (eg Construction Noise amp Vibration Impact Statement noise assessment etc)

(if applicable)

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 15 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

Appendix 4 Community Notification

(if applicable and already drafted)

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

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CEMP Bays Road Relocation Works

Appendix 8 ndash Contaminated Land Management Sub Plan Responsibility

Objectives amp Targets

Refer to the Site Objectives amp Targets (section 57 of this CEMP) Any site contamination will be effectively managed to limit the potential risk to human health and the environment Spoil will be managed to avoid contamination of land or water Prioritise reuse of contaminated spoil into the project rather than offsite reuse or disposal

Project Manager

Performance Criteria

100 Compliance with Client amp legal requirements 100 achievement with Site Objectives amp targets 100 achievement of relevant Sydney Metro CEMF objectives

Project Manager

Planning and assessment

Planning

The Golders Douglas Partners contamination assessment report (June 2020) considered investigation results and data from previous relevant Sydney Metro West (SMW) investigations in the general area The physical characteristics of the soil on site as determined by the above report is described as ldquofill material described as containing evidence of anthropogenic materials including ash gravels terracotta tile fragments bricks and glass In addition to this sandstone bedrock was regularly encounteredsuspected to be present (eg drilling method refusal) during the pavement investigation This evidence implies that there is a wide variety of soil types and materials across the Site associated with natural and historical anthropogenic related activities The findings included elevated concentrations of heavy metals (copper nickel zinc) encountered at one location on the Site and several within close proximity to the Site However the exceedances were considered to pose a low risk to ecological receptors given that the majority of the Site is covered in asphalt hardstand with very low potential for exposure to subsurface soils Elevated concentrations of BaP were encountered in several boreholes within close proximity to the Site Once again the risks to ecological receptors from these were considered low due to the presence of asphalt hardstand at the Site Asbestos was identified at one borehole SMW_BH415 at a depth of 05 m The laboratory reported that chrysotile was detected below the reporting limit of 01 gkg The report considered due to the location access nature of the ACM (bonded) that there is a low risk of exposure to potential receptors Should the soil not be able to be reused on site further sampling assessment and waste classification must occur for any soil that is to be disposed offsite in accordance with the Sydney Metro Waste Classification Procedure (Appendix 1A)

Project Manager HampS Manager

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Appendix 8 ndash Contaminated Land Management Sub Plan Responsibility

Unexpected finds of contamination onsite

In the event that contamination is identified on site Appendix 8A will be followed for soil contamination excluding Asbestos material For unexpected Asbestos Finds Appendix 8B will be followed

Supervisors All workers

Assessment

If any potential contamination is discovered during construction the soil will be excavated and transported to the stockpile area for assessment which may include sampling by a suitably qualified environmental consultant

The assessment must consider whether the material is suitable to return to site for reuse with consideration to the final land use and pathways and receptors for the contaminants

Laboratory testing associated with the assessment will be prioritised to 24 hour turnaround to mitigate any delay where required

The assessment detailing the type extent and management options for the contaminated soil must be provided to Sydney Metro before proceeding to either reuse or dispose of material

For unexpected Asbestos finds the controls listed in the section below must be followed before any excavation and transport to stockpile or offsite

Project Manager Supervisor Environmental scientist

Asbestos management measures

Access Restrictions

Signs and barriers will be erected to warn of the danger and to prevent unauthorised people entering areas where asbestos contaminated fill material is being excavated handled

The location and extent of any access control areas will be agreed in discussion between the Project Manager Project Engineer HSE Advisor and the Environmental Coordinator and will be established in accordance with NOHSC2002 (2005) Code of Practice for the Safe Removal of Asbestos (2nd Ed) guidelines

Potential entry points to the asbestos work area should be signposted or labelled in accordance with AS 1319 (1994) Safety Signs for the Occupational Environment and NOHSC 2002 (2005b)

Earthworks Engineers Licenced removal contractor Supervisors

Asbestos Removal

For unexpected Asbestos finds the Certified Occupational Hygienist will conduct a risk assessment to demine Air monitoring requirements and any other PPE and management controls prior to removal (see air monitoring section)

All removal procedures for asbestos should be undertaken under the supervision of an appropriately licensed contractor which is either ASA or ASB depending on the material being removed The removal of material shall be monitored by a relevantly trained supervisor in accordance with the Code of Practice for the Safe Removal of Asbestos [NOHSC 2002 (2011)]

You must be licensed to remove asbestos except if removing 10 square metres or less of non-friable asbestos

Engineers Certified Occupational Hygienist Licenced removal contractor

Workcover notification Permit to Work

A permit to work authority will need to be issued to and signed by the contractor Workers engaged in the removal of asbestos on site will not be issued with a permit to work unless

Engineers Licenced removal contractor

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CEMP Bays Road Relocation Works

Appendix 8 ndash Contaminated Land Management Sub Plan Responsibility

they are employed by a company holding a removal licence issued by WorkCover NSW appropriate for the type of asbestos materials concerned

Workcover must be notified at least five days prior to commencement of asbestos removal work

Safe Work Method Statement and Asbestos Removal Plan

All notification and permit applications for removal of asbestos in soils must be accompanied by a site risk assessment (Asbestos Removal Plan) carried out by a competent or licensed person who determines If the asbestos is bonded or friable The extent of contamination A safe work procedure for the remediation of the site

Engineers Licenced removal contractor

Dust Control

In order to remove the asbestos safely we shall be using the ldquowet methodrdquo to carry out these works The wet method includes continuously keeping the soil with asbestos fragments watered so as to eliminate the asbestos dustfibres becoming airborne An exclusion zone of 10m (or whatrsquos appropriate ndash depending on limitations) will be isolated from the rest of the site using fencing or bunting Any personnel that do not have the correct PPE or relevant training will not be allowed in this area

Supervisors Earthworks Engineers

Clearance

Following the excavation and removal of asbestos contaminated material a licenced asbestos assessor will conduct inspections and sampling (where required) in the excavation to confirm that no asbestos remains A clearance report will be issued and works can recommence in the area

Licenced Asbestos Assessor

All potential contaminated finds

Training

A toolbox must occur for all worker for unexpected contamination finds procedure They will also be informed of the Site specific controls required for management of contamination in soil Site access restrictions Correct use of PPE Decontamination procedures Use of monitoring equipment Waste handling procedures Dust control measures and performance measures

all workers

Stockpile Contingency Measures

The following contingency measures will be put in place should stockpiling of potential contaminated soils be required All potential contaminated stockpiles will be separated by lot numbers and sign posted to

avoid any cross contamination Any temporary stockpiles of asbestos contaminated soil will be maintained under moist

conditions and remain covered at all times Sediment controls will be installed downslope of all contaminated soil stockpiles In order to confirm that all contaminated soil has been removed an Environmental

Consultant (ADE) will conduct a visual inspection or sampling of the material below the

Supervisors Earthworks Engineers

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CEMP Bays Road Relocation Works

Appendix 8 ndash Contaminated Land Management Sub Plan Responsibility

stockpile and provide a clearance certificate or the like as legislated The Environmental Consultant will advise of the validation criteria dependant on the contamination of the soil

Material tracking for contaminated finds assessed as suitable for onsite reuse

Where suspected contaminated material is identified the material will be tracked from the area in which the material was identified to its location in stockpile (lot number)

For all material assessed as suitable for reuse onsite the material will be tracked from its stockpile location to final destination for reuse onsite Survey will determine the m3 and the location of the final destination

All materials movements associated with unexpected contamination finds will be recorded on the materials tracking register

Supervisors Earthworks Engineers

Waste classification for materials assessed unsuitable for onsite reuse

Waste classifications are required for any excavated soil or fill material which is to be disposed off-site Soil or fill material to be taken off-site for disposal shall be assessed in accordance with the waste classification guidelines (NSW EPA 2014) Materials excavated from the site should be tracked from lsquocradle to graversquo in order to provide detailed and accurate information about the location and quantity of all materials from the time of their excavation until their disposal For any truck or bin leaving the site the following information would be recorded origin of material material type waste classification report approximate volume truck andor bin registration number Receiving licenced facility For all soils known or having the potential to contain asbestos the following applies The POEO Act defines lsquoasbestos wastersquo as any waste that contains asbestos including

fragments or fibres It is understood that as a result the NSW EPA considers asbestos contaminated soil to be an asbestos waste In addition the Protection of the Environment Operations (Waste) Regulation 2014 provides certain requirements for the transportation of asbestos It is understood that the NSW EPA requires any management of soil containing asbestos waste on or off the site to be at least equal to controls set out by the Regulation

All asbestos contaminated soil or fill leaving site will be transported in a leak proof covered vehicle and disposed of at a licensed facility in accordance with waste classification guidelines (NSW EPA 2014)

Earthworks Engineers Licenced removal contractor ESR

Environmental Monitoring amp records

Air Monitoring

If asbestos removal work that requires a Class A licence that means it is friable then you must get the licensed asbestos assessor occupational Hygienist to undertake air monitoring of the asbestos removal area Monitoring for airborne asbestos in accordance with the Guidance Note on the Membrane Filter Method for Estimating Airborne Asbestos Fibres

Earthworks Engineers Licenced removal contractor Hygienist

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CEMP Bays Road Relocation Works

Appendix 8 ndash Contaminated Land Management Sub Plan Responsibility

[NOHSC 3003(2005)] the analysis should be carried out by a NATA accredited laboratory during the removal operations Refer to Clause 50 and 51 for the WorkCover 2011 Safety Regulation for requirements

For other contaminated soil the occupational hygienist may determine that the risks associated with their disturbance and handling requires air monitoring

Record Keeping

The records associated with management of contaminated land that should be kept include Material tracking register including lots volume and type Asbestos Removal Plan (ARP) Asbestos Register Airborne Monitoring Reports Calibration certificates for air monitors Clearance Inspection Reports or Certificates Waste classification reports Laboratory sampling results Landfill disposal dockets

Earthworks Engineers ESR HampS Manager

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CEMP Bays Road Relocation Works

Appendix 8A ndash Unexpected Contamination finds procedure

1 Introduction

The following unexpected contaminated finds procedure will be adopted in the event that potential contamination

is discovered during construction Implementation of this procedure will ensure that contamination is managed in

such a way as to avoid harm to the environment workers community and comply with relevant legislation

2 Identification of Contamination

An unexpected find of contamination is likely to comprise of any soil characteristic which is not a typical soil

material identified in previous contamination assessment reports The Golders Douglas Partners contamination

assessment report (June 2020) section 102 makes note of indicators of contamination as

Significant staining

Odours from Soils

Oily sheen on water leaving soils

Anthropogenic waste materials other than those identified in the report (ie Ash Gravels Terracotta Tile

Bricks and Glass)

Where the soil characteristics are consistent with the reports and the above indicators are not present then no

further assessment is required for onsite reuse

Examples of these indicators are shown below

Photo 1 - Significant Staining or odorous soils

Discoloured soil (soil with non-natural colouring) Pungent smelling soils - petroleum compost

putrefied sulphurous septic sweet aromatic odours

Photo 2 ndash Oily Sheen on water

Rainbow sheen on water surfaces in soil

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CEMP Bays Road Relocation Works

Photo 3 ndash Buried wastes

Buried oil drums chemical container

Photo 3 ndash Buried wastes

Buried demolition wastes (eg concrete tiles bricks asphalt timber metal

3 Potential risk areas of unexpected finds

The higher risk activities for encountering unexpected finds during construction activities are considered to be

excavation works that extend below road pavement layers and into general fill

Higher risk areas for encountering unexpected finds construction are considered to be

Areas of excavation that extend through general fill layers and into natural soils eg Stormwater trench

locations

Locations of excavation near previous Boreholes with identified contamination (see map below)

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CEMP Bays Road Relocation Works

4 Unexpected finds flow chart

If potentially contaminated soils are encountered the following steps must be followed

During excavationif visual indications of contamination are present such as significant stained soils

odorous soils sheen tarry or ashy material or unexpected anthropogenic material (other than what is

expected to be encountered on site) then

STOP EXCAVATION in the immediate affected area

Notify the Supervisor Environmental Site Rep and Client

Environmental consultant to conduct assessment on material to determine suitability for reuse onsite This

step may require sampling and lab analysis ndash undertake with quick 24hr turnaround

Suitable for onsite reuse

Provide client the results of assessment before proceeding to the next step

Appropriate geotechnical assessment

confirms the material is suitable for

proposed final land use

Yes

Maintain tracking register for the

soil from cradle to grave include

test results surveyed volume and

final destination

No Yes

Sample test and classify in

accordance with Appendix

1A ndash Sydney Metro Waste

Classification procedure

Contact environmental consultant and hygienist and provide details of the find Depending on the nature and type

of the find they may be required to attend site before any further excavation disturbance

Excavate the material to the extent of the potential contamination in 200mm thick layers and in 500mm

horizontal increments (Do not exceed design excavation extents) and move to stockpile area (Where it will be

allocated a lot number and signposted to avoid any cross contamination) For Asbestos follow specific

requirements in the unexpected Asbestos Finds Procedure Cover the stockpile and install controls around the

stockpile

Offsite disposal at licenced

landfill facility Maintain all

waste tracking and disposal

records

No

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CEMP Bays Road Relocation Works

5 Materials Tracking

A Material tracking Register will be used to ensure information is collected for unexpected finds materials

identification and traceability This register records all unexpected finds materials The material is carefully

inspected ensuring the following information is recorded

Source identification

Contamination assessment results

Waste classification report ndash if unsuitable for onsite reuse

Volume of material (survey)

Destination identification (survey)

This register will track the movement of soils between excavation and final deposition this includes stockpiling

testing and suitability classification will be recorded

In addition to this register a stockpile location map will be used to show the location and type of soil stored onsite

at the stockpile area The material class and stockpile number on the map will correspond with the information in

the register

6 Stockpile Management

The following contingency measures will be put in place should stockpiling of suspected contaminated soils be

required

All suspected contaminated stockpiles will be separated by lot numbers and sign posted to avoid any cross

contamination

Sediment controls will be installed downslope of all suspected contaminated soil stockpiles

7 Training

All site personnel (including sub-contractors) will undertake an induction to ensure that they understand the

potential contamination onsite as detailed in previous contamination assessment reports and this unexpected finds

procedure

A specific unexpected contamination finds toolbox will be conducted with all workers involved with excavation

works

Prior to commencement of each shift the Supervisor will inform all site personnel of any works involving

contaminated materials on site

8 Review

This Plan will be reviewed in the following circumstances

Following a site inspection or work review that highlights an unexpected risk associated with the

implementation of this procedure

Following a change in legislation

Following a change in construction methods

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Appendix 8B ndash Unexpected Asbestos finds procedure

1 Introduction

The following Asbestos Management procedure will be adopted in the event that potential asbestos containing

material (ACM) or actual asbestos is uncovered during construction Implementation of this procedure will ensure

that asbestos is managed in such a way as to avoid harm to site personnel visitors and the community

2 Areas of known asbestos contamination

No asbestos was identified with the footprint of the proposed road construction works However there was one

Borehole (BH 415) from previous contamination assessments adjacent to the boundary that identified asbestos at

05m bgs The laboratory result was chrysotile detected below the reporting limit of 01 gkg (see location on map

below)

3 Identification of Asbestos

Asbestos has been used in the manufacturing of various products and these products can be found in either friable

or non-friable form All products are also known as asbestos-containing material Friable asbestos products are

generally quite loose and when dry can be crumbled into fine material or dust with light pressure such as

crushing with your hand

Non-friable asbestos products are made from a bonding compound (such as cement) mixed with a small proportion

(usually less than 15) of asbestos Non-friable asbestos products are solid rigid and non-friable and cannot be

crumbled pulverised or reduced to powder by hand pressure The asbestos fibres are tightly bound in the product

and are not normally released into the air When theyre in good condition non-friable asbestos products do not

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CEMP Bays Road Relocation Works

normally release any asbestos fibres into the air They are considered a very low risk for people who are in contact

with them as long as appropriate safety precautions are used when they are disturbed Non-friable asbestos

products that have been damaged or badly weathered may also become friable for example crushed asbestos

cement sheeting Examples of non-friable and friable asbestos are shown below

Photo 1 ndash example of non-friable asbestos in soil This is Asbestos cement sheeting that although broken it is solid rigid and cannot be crumbled or pulverised by hand pressure

Photo 2 ndash example of friable asbestos ndash this was a section of Asbestos cement sheeting that is weathered and crumbles under hand pressure

Photo 3 ndash example of non - friable asbestos ndash Asbestos cement water pipe in good condition

Photo 4 ndash example of friable asbestos ndash water pipe wrapped with friable woven ACM textile

4 Unexpected Asbestos ACM finds flow chart

In the event that a person on site identifies or disturbs asbestos ACM the unexpected asbestos management

procedure during Construction is summarised below

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CEMP Bays Road Relocation Works

Discovery of suspected asbestos containing materials

STOP EXCAVATION in the immediate affected area Demarcate and isolate area from workers

Notify the Supervisor

Suitable for onsite reuse

Provide client the results of assessment before proceeding to the next

step

Appropriate geotechnical assessment

confirms the material is suitable for

proposed final land use

Yes

Maintain tracking register for the

soil from cradle to grave include

test results surveyed volume and

final destination

No

Sample test and classify

in accordance with

Appendix 1A ndash Sydney

Metro Waste Classification

procedure

Yes

Friable Non Friable

Proceed with Licenced

Asbestos removal work in

accordance with section 6 -

11 Remove to stockpile for

reuse assessment by

Environmental Consultant

No

Greater than

10m2 of non-

friable asbestos

contamination

Less than 10m2 of

non-friable

asbestos

contamination

Proceed with non-

licenced asbestos

removal and

disposal in

accordance with

section 5

Trained and competent person to identify the asbestos

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CEMP Bays Road Relocation Works

5 Non Licence Asbestos removal work

Where small fragments of ACM or suspected ACM are found and provided that

the total number of fragments is lt 20 or

the total surface area of the fragmentpiece is lt 1 m2 or

the fragments are spread over an area of lt 10 m2 and

the fragments are non-friable

If the unexpected find meets the criteria above a trained and competent person will collect any fragments and

place it in a 200 mm polythene bag for later disposal at an appropriate waste facility A detailed visual inspection

of the area will be carried out by the Environmental consultant which will involve wet raking of the areas to a

depth of 10 cm for any further fragments If no further fragments are identified works can continue

If during the visual inspection the Environmental consultant determines that the criteria described above are

exceeded or if suspected asbestos ACM continues to be identified during excavation works andor if it is thought

that any uncovered material might be considered asbestos containing and friable works will cease and the

Environmental consultant will assess the situation and determine an appropriate course of action

6 Licenced Asbestos removal work

A licensed asbestos removalist will be required for removal works where there is friable asbestos or the

contaminated area is greater than 10 m2 There are two types of asbestos removal licences Class A and Class B

The type of licence required depends on the type and quantity of asbestos or ACM to be removed as outlined

below

Licence type What asbestos can be removed

Class A Can remove any amount or quantity of asbestos or ACM including any amount of friable asbestos or ACM any amount of asbestos-contaminated dust or debris (ACD) Any amount of non-friable asbestos or ACM

Class B Can remove

any amount of non-friable asbestos or ACM Note A Class B licence is required for removal of more than 10 m2

of non-friable asbestos or ACM but the licence holder can also remove up to 10 m2 of non-friable asbestos or ACM

ACD associated with the removal of non-friable asbestos or ACM Note A Class B licence is required for removal of ACD associated

with the removal of more than 10 msup2 of non-friable asbestos or ACM but the licence holder can also remove ACD associated with removal of up to 10msup2 of non-friable asbestos or ACM

No licence required Can remove

up to 10 m2 of non-friable asbestos or ACM ACD that is associated with the removal of less than 10 m2 of non-friable

asbestos or ACM Not associated with the removal of friable or non-friable asbestos

and is only a minor contamination

The licensed asbestos removalist will prepare an Asbestos Removal Control Plan prior to the removal of any

asbestos ACM The Asbestos Removal Control Plan documents the specific control measures to be implemented to

ensure site personnel and others are not at risk when asbestos removal work is being conducted It includes how

the asbestos removal will be carried out including temporary storage the method tools equipment and PPE to be

used and the asbestos ACM to be removed including the location type and condition of the asbestos ACM

The Client will be informed prior to excavation or removal of asbestos or ACM If the removal activity is to occur in

the vicinity of any occupied residence or business the project Community Advisor will notify the affected

residents or business owners

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7 Signage and demarcation

Georgiou will install warning signs and labels to clearly identify asbestos affected areas and where asbestos related

work is being carried out Flagging will be installed to delineate the asbestos related areas and restrict

unauthorised persons from entering the asbestos removal work Stockpiles will be covered and labelled Signage

and flagging will stay in place until all licensed asbestos removal work is complete and a clearance certificate is

provided

8 Notification

Prior to the commencement of licensed asbestos removal works notification to SafeWork NSW is required

SafeWork NSW requires a minimum of 5 daysrsquo notice prior to the removal of asbestos and the notification will be

made by the licensed asbestos removalist

9 Air Monitoring

All air monitoring requirements will be determined and conducted by a licensed asbestos assessor (LAA) The

location and layout of the air monitors will be detailed within the Asbestos Removal Control Plan

Air monitoring requirements will vary depending on the type of asbestos being removed the location and position

of the asbestos The following rules should be applied when determine if air monitoring is required (extract from

Safe Work Australia ndash Code of Practice on How to Safely Remove Asbestos (2016)

For friable asbestos removal ndash Air monitoring is mandatory for all friable asbestos removal This includes prior

to dismantling an enclosure and for the purposes of the clearance inspection

For more than 10 msup2 of non-friable asbestos removal ndash Air monitoring is not required but may be considered to

be carried out by a licensed asbestos assessor or competent person to ensure compliance with the duty to

eliminate or minimise exposure to airborne asbestos and to ensure the exposure standard is not exceeded

Public Location ndash Air monitoring should be considered where the asbestos removal work is being undertaken in

or next to a public location

Exposure air monitoring ndash Air monitoring should be carried out at other times to determine a workerrsquos exposure

to airborne asbestos if based on reasonable grounds there is uncertainty as to whether the exposure standard

may be exceeded and a risk assessment by a competent person indicates it is necessary Since most uses of

asbestos are prohibited exposure monitoring should not be required frequently

The results of air monitoring will be made available as soon as possible to all workers on site The asbestos

supervisor will be notified immediately if the fibre count exceeds the recommended level in the Exposure

Standards for Asbestos as set out in the National Code of Practice How to safely remove asbestos

10 Clearance

Following removal of asbestos ACM the licensed asbestos removalist will arrange for a clearance inspection of the

area to facilitate the issue of a clearance certificate and allow construction to recommence in the affected area

The clearance inspection is conducted by

an independent licensed asbestos assessor for work that was carried out by a Class A licensed asbestos

removalist

an independent competent person for asbestos work that is not required to be carried out by a Class A licensed

asbestos removalist

To be independent the licensed asbestos assessor must not be involved in the removal of asbestos for that specific

job and is not involved in a business or undertaking involved in the removal of the asbestos for that specific job

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A clearance certificate will be issued if the independent licensed asbestos assessor or competent person is satisfied

that the asbestos removal area and the immediate area are free from visible asbestos contamination Entry to the

area will be permitted following confirmation of certification

11 Decontamination

Decontamination of site personnel PPE and tools used in asbestos removal work will minimise exposure and spread

of asbestos outside of the removal area

Personal decontamination will occur every time a worker leaves the asbestos removal work area and involves

removal of all visible asbestos dustresidue from PPE and Respiratory Protective Equipment using an asbestos

vacuum cleaner and or wet wiping with a damp cloth Disposable PPE is considered asbestos waste and will be

disposed of at an appropriate waste facility Non-disposable protective clothing will be laundered in a suitable

laundering facility that is equipped to launder asbestos-contaminated clothing

Workers must be aware of personal hygiene and ensure that they carefully wash when leaving an asbestos removal

area paying particular attention to hands fingernails face and head

Tools will be dismantled (where appropriate) cleaned under controlled conditions and decontaminated prior to

removal from the area or disposed of at a suitable off site location

12 Stockpile Management

The following contingency measures will be put in place for any temporary stockpiling of asbestos contaminated

soils

All asbestos contaminated stockpiles will be separated by lot numbers and sign posted to avoid any cross

contamination

Any temporary stockpiles of asbestos contaminated soil will be maintained under moist conditions and remain

covered at all times

Sediment controls will be installed downslope of all contaminated soil stockpiles

In order to confirm that all contaminated soil has been removed validation sampling beneath stockpiles will

occur by an Environmental Consultant

13 Asbestos contaminated soil for reuse onsite

Stockpiled asbestos containing soils will be assessed for beneficial re-use with the Site (NEPC 2013) Any soils

identified to contain asbestos with concentrations of bonded ACM less than the NEPC (2013) Health Screening Level

(HSL)-D applicable for the future commercial industrial land use could be reused onsite providing the following

Placement in a designated location preferably beneath a road alignment or other suitably capped area (min

300 mm lsquocleanrsquo (ie ENMVENM soils) to eliminate any potential airborne exposure pathway

Occupational hygienist and asbestos removalists on-site supervising relocation and placement

Maintenance of an Site Asbestos Register to record the extent nature of the ACM materials retained or

identified on-site

Any other requirements by Sydney Metro such as adherence to the CEMP etc and or land conditions

A Long-term Environmental Management Plan to manage the presence of asbestos impacted materials remaining

on-site would be required if the proposed soils to be re-used are exceeding the HSL-D limits for non-friable or

friable asbestos

If stockpiled soils are identified to contain any detectable concentrations of Friable asbestos material is

recommended to be disposed off-site given its friable nature

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14 Waste disposal

Where the ACM is assessed as non-suitable for onsite reuse the licensed asbestos removalist will classify and dispose

of the ACM at a licensed asbestos waste disposal site in accordance with NSW EPA guidelines (including Waste

Classification Guidelines (EPA 2014)) and relevant industry codes of practice

Disposal of ACM will be to an approved asbestos waste facility listed on the NSW EPA website The transportation of

asbestos waste by trucks must comply with the following requirements

Transporter must have the appropriate EPA license to transport asbestos waste

Asbestos contaminated soils are wetted down

Any part of any vehicle in which a person transports asbestos waste is covered and leak proof during

transportation

Georgiou will notify the Client prior to removal of ACM from site and will provide details of the proposed method

and location of disposal Georgiou will maintain records of all asbestos ACM disposed off site the location of the

facility at which it was disposed and any receiptcertificate issued by the facilitydisposal authority

15 Materials Tracking

A Material tracking Register will be used to ensure information is collected for the movement of all asbestos

contaminated soils The material is carefully inspected ensuring the following information is recorded

Source identification

Contamination assessment results

Waste classification report ndash if unsuitable for onsite reuse

Volume of material (survey)

Destination identification (survey)

This register will track the movement of soils between excavation and final deposition this includes stockpiling

and testing and suitability classification will be recorded

In addition to this register a stockpile location map will be used to show the location of asbestos contaminated soil

stored onsite at the stockpile area The stockpile number on the map will correspond with the information in the

register

16 Training

All site personnel (including sub-contractors) will undertake an induction to ensure that they understand the

potential risks associated with asbestos management locations of asbestos as detailed in previous contamination

assessment reports and this unexpected finds procedure

A specific unexpected contamination finds toolbox will be conducted with all workers involved with excavation

works and include the unexpected asbestos finds procedure Prior to commencement of each shift the Supervisor

will inform all site personnel of any works involving contaminated materials on site

17 Review

This Plan will be reviewed in the following circumstances

Following a site inspection or work review that highlights an unexpected risk associated with the

implementation of this procedure

Following a change in legislation

Following a change in construction methods

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Appendix 9 ndash Sydney Metro Incident and non-compliance reporting procedure

Unclassified

Unclassified

Environmental Incident and Non-

compliance Reporting Procedure SM-17-00000096

Sydney Metro Integrated Management System (IMS)

Applicable to Sydney Metro

Document Owner Manager Environment

System Owner Executive Director Safety Sustainability amp Environment

Status FINAL

Version 51

Date of issue 18 February 2019

Review date 11 February 2020

copy Sydney Metro 2019

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

Table of contents 1 Purpose and scope 4

2 Introduction 4

3 Definitions 4

4 Accountabilities 5

5 Environmental Events 5

51 Worked Example ndash Classifying Environmental Events 7

511 Soil and Water Issue 7

512 Soil and Water Non-compliance 7

513 Soil and Water Incident 7

52 Notifiable Events 8

53 Event Types 8

6 Environmental Incident Classification and Management 10

61 Incident Classification 11

611 Class 3 Incidents 11

612 Class 2 Incidents 11

613 Class 1 Incidents 12

62 Incident Notification 12

621 Principalrsquos Representative (PR) 12

622 Environmental Lead (EL) 13

63 Incident Notification Reports 14

64 Incident Investigations 14

65 Environmental Incidents with Health and Safety Impacts 14

66 Reporting Pollution Incidents to Relevant Authorities 15

661 Maritime Related Incident Notification and Reporting 16

67 Environmental Compliance Register 16

7 Environmental Non-compliance 17

71 Non-compliance Rate 17

8 Corrective and Preventative Actions 18

81 Action Status 18

9 Related Documents and References 19

10 Superseded Documents 19

11 Document History 19

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Environmental Incident and Non-compliance Reporting Procedure

Figures Figure 1 Environmental Event Classification Process 6 Figure 2 Environment Incident notification process for Class 1 and 2 Incidents 13

Tables Table 1 Examples of Notifiable Events 8 Table 2 Environmental Event Types and their descriptions 9 Table 3 Examples of Environmental Incidents 10 Table 4 Classification System for Environmental Incidents 11 Table 5 Contact details for Relevant Authorities 15

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Environmental Incident and Non-compliance Reporting Procedure

1 Purpose and scope

This procedure documents the process to be used when classifying and reporting Environmental Events

This procedure applies to Sydney Metro and any contractor Sydney Metro engages to carry out works Principal Contractors must ensure their processes for managing Environmental Events is consistent with this document The requirement for consistency is documented in the Construction Environmental Management Framework (Section 33(f)) and shall be allocated as a contractual requirement to each delivery partner

2 Introduction

Sydney Metro is committed to minimising risks to the environment the rapid identification and rectification of breaches to Environmental Requirements and efficient and effective responses to Environmental Incidents that grows our ability to minimise harm and prevent future re-occurrences

This procedure defines an approach to classifying Environmental Issues Incidents and Non-compliances and establishes the immediate interim and long term actions that are taken in response to Environmental Events

3 Definitions

All terminology in this Procedure is taken to mean the generally accepted or dictionary definition with the following exceptions

Term Definition

Environment

means components of the earth including

a) land air and water and

b) any layer of the atmosphere and

c) any organic or inorganic matter and any living organism and

d) human-made or modified structures and areas and includes interacting natural ecosystems that include components referred to in (a)-(c)

Environmental Event

An occurrence that identifies actual or potential environmental impacts or non-compliances Events cans include conversations inspections incidents or failures of process

Environmental Harm Includes any direct or indirect alteration of the environment that has the effect of degrading the environment and without limiting the generality of the above includes any act or omission that results in pollution

Environmental Incident

An occurrence or set of circumstances as a consequence of which pollution (air water noise and land) or an adverse environmental impact has occurred or is likely to have occurred

Environmental Issue An occurrence or set of circumstances where Environmental Harm or Non-compliance could occur if not rectified

Environmental Non-compliance

A breach of an Environmental Requirement originating from Planning Approvals Environment Protection Licenses lease agreements and other requirements documented in environmental management plans

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(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

Term Definition

Material Harm to the Environment

harm to the environment is material if

a) it involves actual or potential harm to the health or safety of human beings or to ecosystems that is not trivial or

b) it results in actual or potential loss or property damage of an amount or amounts in aggregate exceeding $10000 (or such other amount as is prescribed by the regulations) and

c) loss includes the reasonable costs and expenses that would be incurred in taking all reasonable and practicable measures to prevent mitigate or make good harm to the environment

It does not matter that harm to the environment is caused only in the premises where the pollution incident occurs

Terms and jargon specific to this procedure are defined within the Sydney Metro Glossary

4 Accountabilities

The Executive Director Safety Sustainability amp Environment is accountable for this Procedure Accountability includes authorising the document monitoring its effectiveness and performing a formal document review

Direct Reports to the Chief Executive are accountable for ensuring the requirements of this document are implemented within their area of responsibility

The Direct Reports to the Chief Executive who are accountable for specific projectsprograms are accountable for ensuring associated contractors comply with the requirements of this document if specified in the relevant contracts

5 Environmental Events

Environmental surveillance data is relied upon to inform Sydney Metro of performance trends to provide assurance that legislative requirements are being met and indicate where surveillance activities should be directed In order to rely upon environmental data for this purpose there needs to be a high degree of consistency in the manner by which it is collected and interpreted Due to the need for consistency any incidentNon-compliance procedure produced by a delivery partner to Sydney Metro is required to be consistent with the requirements of this document

The concept of Environmental Events forms a common starting point for understanding what types of occurrences should be managed and reported as Incidents and what should be reported as Non-compliances or Issues When an Environmental Event occurs a series of questions can be asked to consistently determine what type of event it is Commonly Environmental Events lead to three different processes

1 Reporting of an Environmental Incident

2 Reporting of an Environmental Non-compliance or

3 Reporting of an Environmental Issue

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Environmental Incident and Non-compliance Reporting Procedure

Incidents and Non-compliances are recorded using the Environmental Incident and Non-compliance Report Form (SM ES-FT-403) and Environmental Issues are recorded through environmental inspection reports using the Environmental Inspection Information amp Summary Form (SM ES-FT-406) These paper based records are subsequently entered into the Sydney Metro Compliance Register (Section 67) which is used to disseminate the data and facilities reporting internally and externally Note where a Principal Contractor has submitted alternative processes and these have been approved by Sydney Metro they may also be used

The figure below shows the process by which Environmental Events are classified (Figure 1)

Figure 1 Environmental Event Classification Process

Where Environmental Harm has been caused the event will always be classified as an Environmental Incident regardless of whether one or more Environmental Requirements have been breached Only when an event occurs without harm being caused to the environment will it be classified as a Non-compliance or Issue It should be noted that the Incident management process still captures any breaches of Environmental Requirements and these incidents contribute towards the calculation of the NC Rate (Section 71)

This flowchart above is intended to be a guide and there may be situations where it is unclear exactly how an Environmental Event should be classified In these situations a judgement call should be made in consultation with your Manager

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(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

51 Worked Example ndash Classifying Environmental Events

This Section provides a fictitious example of Environmental Events which fall into each of the three different categories The situations outlined below are provided to explain how event classifications are made The background for these worked examples is as follows

Sydney Metro is carrying out works in a newly established site and substantial earthworks are occurring to construct piers for an elevated viaduct A nearby creek contains a variety of important fish species and the local community are known to use this creek for recreational fishing The Environmental Impact Statement identified the creek as being at risk of increased sedimentation from dirty water run-off and the Conditions of Approval include a requirement to have a Progressive Erosion and Sediment Control Plan in place This plan has been produced and indicates that sediment fences must be in place at specific locations to capture dirty water run-off Regular daily inspections of the sediment controls are carried out by the contractorrsquos Environment Manager and an Independent Environmental Representative has commenced a monthly inspection on this site at 7 am on Thursday morning

511 Soil and Water Issue

The Environmental Representative notices a sediment fence has been knocked over in one of the areas indicated as requiring fencing on the ERSED plan It appears to have occurred recently and there is no record of rainfall in the last few days During the course of the inspection all other ERSED controls appeared to be in good condition and erected in accordance with the requirements of the Blue Book In this example no harm has yet been caused and no environmental requirement has been breached so the event is classified as an Environmental Issue which is raised on the inspection report with an action to reinstall the fence

512 Soil and Water Non-compliance

Alternatively the Environmental Representative might have noticed many sediment fences had been knocked down and in some areas an absence of sediment fences where the plan indicates they are required Despite there being no rain in recent days the Environmental Representative concludes that the requirements of the plan are not being followed and have been breached The event is raised as non-compliance and actions are set in place to re-enforce the requirements of the ERSED plan for that sites workforce as well as the immediate reinstatement of controls

513 Soil and Water Incident

Finally in a third scenario the Environmental Representative notices many sediment fences are down and some are absent where required by the plan However significant rainfall has occurred in recent days and the Environmental Representative determines that it is likely dirty water has escaped through the area into the nearby creek potentially causing harm to the fish population This event is classified as an Incident by the inspector and immediate notification is undertaken Similar controls are implemented as described above

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(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

52 Notifiable Events

There are a number of Acts and regulations that include a specific requirement to notify a Regulatory Authority When an Environmental Event triggers one of these notification requirements we then also refer to that event as a Notifiable Event (Table 1)

The Principal Contractorrsquos Environment Manager must determine whether an event is notifiable and may rely upon advice from Sydney Metro if it is provided

Table 1 Examples of Notifiable Events

Event type Legislation Trigger for Notification

Pollution Incident

1

POEO Act 1997 Part 57 Where Material Harm has occurred contact the EPA Pollution Line as soon as practicable POEO (General)

Regulation 2009 Section 101

Land contamination

Contaminated Land Management Act 1997

Section 60(1)

As soon as practicable after becoming aware of contamination that exceeds the relevant investigation levels in the National Environment Protection Measure where a person has or will be exposed to the contamination

Discovery of an Aboriginal relic

National Parks amp Wildlife Act 1974

Section 89A

Director General of EPA in writing within a reasonable time after becoming aware Note this is not required for Projects approved under Part 52 of the Environmental Planning and Assessment Act (see section 115ZG) Notification and reporting is addressed in the relevant Infrastructure Approval

Discover Aboriginal Remains

Commonwealth Aboriginal amp Torres Strait Islanders Heritage Protection Act 1984

Section 20 Commonwealth Minister of the Environment in writing as soon as practicable after becoming aware

Discovery of a relic

Heritage Act 1977 Section 146

Heritage Council in writing within a reasonable time after becoming aware

Note -this is not required for Projects approved under Part 52 of the Environmental Planning and Assessment Act (see section 115ZG) Notification and reporting is addressed in Infrastructure Approvals

53 Event Types

Each Environmental Event is assigned a secondary classification of an Event Type for the purpose of data analysis and general environmental management They are grouped by areas of environmental management so that targeted auditing training or awareness initiatives can be initiated in response to emergent trends Each Event Type is explained in Table 2

1 Further information on reporting pollution incidents to EPA is provided in Section 66 Environmental

IncidentNon-compliance Report

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(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

Table 2 Environmental Event Types and their descriptions

Event Type

Applies To

Description Issue Incident

Non-compliance

Soil and Water bull bull bull

Covers the physical location chemical composition and ecology of soils and waterways Any event which changes these compositions is a Soil and Water event Within this event type all instances of contamination erosion and sedimentation of waterways is covered

Flora and Fauna bull bull bull Covers vegetation and vegetation communities as well as animals and animal habitat Any event where vegetation is felled or damaged animals are killed or injured or habitat is harmed or destroyed is covered

Waste and Spoil bull bull bull

Covers the management of Excavated Natural Material (ENM) and Virgin Excavated Natural Material (VENM) including on-site management and disposal and also the classification and management of Waste materials

Note that the transportation of spoil is covered under Traffic Transport and Access

Heritage bull bull bull Covers the management of known heritage artefacts or sites and the treatment of unexpected finds archaeological investigations and other impacts

Air Quality bull bull bull Covers the management of emissions of particulate matter odours and gasses used as air quality parameters from worksites

Noise and Vibration bull bull bull

Covers the management of airborne and ground borne noise and vibration and includes hold points on the commencement of any work where Out of Hours Works permits or Construction Noise Impact Statements are required

Community Stakeholder and Business

bull bull bull Covers the management of Community and Stakeholder requirements and includes complaint response procedure community management protocols and the maintenance of information on websites

Traffic Transport and Access bull bull bull

Covers the management of traffic inside and outside of sites including access points and parking requirements This event type also covers any requirements in relation to vehicles and vehicle maintenance or the transportation of waste and spoil

Spills and Leaks bull bull bull

Covers all instances where environmentally sensitive substances are held within a container which has the potential to leak or spill and covers pipes hoses fuel tanks storage tanks and plastic containers

Note Spills and Leaks specifically exclude anything in relation to the transport and deposition of sedimentation

Management Systems bull bull bull

Covers procedural or administrate processes that are common across all areas It specifically does not cover procedural or administrate processes which are unique to any of the other event types For example not completing a vegetation removal form prior to vegetation clearing is still a Flora and Fauna event

Note A good example of a Management Systems NC would be not reporting an Environmental Incident within required timeframes

Unclassified

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(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

6 Environmental Incident Classification and Management

Sydney Metro has defined an Environmental Incident as

An occurrence or set of circumstances as a consequence of which pollution (air water noise and land) or an adverse environmental impact has occurred or is likely to have occurred

Adverse environmental impact includes contamination harm to flora and fauna (either individual species or communities) damage to heritage items or adverse community impacts

Planning Approvals and Environment Protection Licences permit some environmental impacts and these are not intended to be captured as Environmental Incidents

Table 3 Examples of Environmental Incidents

Type Example Incident

Air Quality Odour that travels beyond the site boundary

Air Quality Dust exceeding reasonable levels without active management measures in place

Air Quality Operation or maintenance of plant in a manner that causes or has likely caused excessive air pollution

Soil and Water Discharge of water on or off site in a manner that causes or has likely caused water pollution without required approvals

Noise and Vibration Noise that travels beyond the site boundary as a result of poorly maintained plant or operation of plant in an inefficient manner

Noise and Vibration Failure to comply with the approved hours of work

Soil and Water

Where the chemical composition of soil or water has been detrimentally modified by a contaminant leading to potential or actual environmental harm For example rainfall causes a flow of water across a site that erodes soil and enters a waterway increasing the total suspended solids of that water body

Spills and Leaks

Where a substance has leaked from or spilt from a container that is designed to prevent that substance from escaping into the environment (including bunds fuels tanks chemical bottles and other containers)

Spills and Leaks specifically exclude anything in relation to the transport and deposition of sedimentation

Soil and Water Dispose of waste in a manner that harms or is likely to harm the environment

Flora and Fauna Harm or ldquopickrdquo a threatened species endangered population or endangered ecological community without required approvals

Flora and Fauna Damage to vegetation fauna or habitat including watercourses without required approvals

Heritage Damage disturbance destruction or works to heritage itemsrelics without required approvals

Heritage Damage disturbance or destruction of Aboriginal objects or places without required approvals

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

61 Incident Classification

Environmental Incidents are classified into one of three Classes that are based upon the consequence descriptors for environmental risks in the Sydney Metro Risk Matrix (refer to Sydney Metro Risk Management Standard) Each of these classifications trigger a variety of management actions andor legislative requirements depending on the severity of the consequence described where Class 3 represents minor consequences and Class 1 represents major consequences

This matrix is further sub-divided into consequence ratings ranging from C6 (low impact) to C1 (high impact) An incident transitions between a Class 3 to a Class 2 incident once material harm has been caused and transitions into a Class 1 incident once it is determined that the Environmental Harm caused in large-scale and cannot be remediated (Table 4)

Table 4 Classification System for Environmental Incidents

Class 3 Class 2 Class 1

C6 C5 C4 C3 C2 C1

No appreciable changes to

environment andor highly

localised event

Change from normal conditions

within environmental

regulatory limits and environmental effects are within site boundaries

Short-term andor well-contained environmental effects Minor

remedial actions probably required

Impacts external ecosystem and considerable

remediation is required

Long-term environmental impairment in

neighbouring or valued

ecosystems

Extensive remediation

required

Irreversible large-scale

environmental impact with loss of

valued ecosystems

611 Class 3 Incidents

These Incidents are events which cause Environmental Harm but do not cause Material Harm to the environment Normally Class 3 Incidents are not Notifiable Events and therefore a simple notification protocol is adopted whereby Sydney Metro must be notified within 48 hours verbally and in writing

In some cases it will be unclear whether Material Harm has been caused in the early stages of Incident Management If this is the case then the process for Class 2 Incidents is followed (see Section Class 2 Incidents) until it is clear that Material Harm has not been caused

A formal Incident Investigation report is not required for Class 3 Incidents however it is expected that the person responsible for completing the Incident Notification Report makes appropriate enquiries to determine the likely causal factors involved and assigns effective corrective actions

612 Class 2 Incidents

These Incidents are events which cause Material Harm to the environment and they always trigger notification of Regulatory Authorities These Incidents represent events that are far more serious than Class 3 Incidents and therefore strict communication protocols are required to ensure that effective and informed decisions are made (Figure 2)

The Environmental Lead contract Environment Manager and the Independent Environmental Representative must be notified verbally as soon as possible after the observer becomes aware of a Class 2 Incident

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(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

Class 2 Incidents must be investigated and the investigation must produce an investigation report containing corrective or preventative actions This investigation report must be provided to Sydney Metro within 7 days of the event unless another timeframe is agreed with the EL

Despite any arrangements for the submission of investigation reports an Incident Notification Report must be provided with all available information and submitted to Sydney Metro within 48 hours It is not expected that initial Incident Notification Reports for Incidents under investigation initially include actions as these will be informed by the findings of the investigation The report should be updated with actions resulting from the investigation when available

613 Class 1 Incidents

Class 1 Environmental Incidents are managed in the same manner as Class 2 Incidents expect where a determination is made by the Chief Executive (or delegate) that a Crisis Management Team should be activated In this situation the Sydney Metro Crisis Management Implementation Plan is followed

62 Incident Notification

When and Environmental Event occurs which causes Environmental Harm in all cases both verbal and written communication of the incident must be carried out immediately and within 48 hours respectively For Class 1 and 2 Incidents the notification process shown in Figure 2 must be followed Written communication of Environmental Incidents is via an Incident Notification Report (Section 63)

This process includes specific roles and responsibilities within Sydney Metro and our delivery Partners who are required to take notification actions in response to Incidents

This notification process has been developed to ensure that crucial information about Incidents is captured early and communicated to specific individuals who can ensure the Environmental Impacts are minimised and efficient and effective responses to the event are implemented

In particular the Principals Representative and the Environmental Lead for Sydney Metro play a crucial role in the communication of Incidents within Sydney Metro and these roles are explained in more detail below

621 Principalrsquos Representative (PR)

Each works package establishes a contractual interface for communication between the contracted party and Sydney Metro Generally this interface is between the Principal Contractors Project Director and an appointed representative of Sydney Metro called the Principals Representative

All formal written communications must pass between these two individuals electronically using TeamBinder The Principals Representative holds certain responsibilities in the Incident management Process outlined in Figure 2

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(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

622 Environmental Lead (EL)

Where this procedure is applied to a works package an Environmental Lead (EL) will be selected for the relevant works package The Environmental Lead must possess environmental experience and competency in managing Incidents and be a representative of Sydney Metro for those works This representative holds specific responsibilities outlined in Figure 2

Figure 2 Environment Incident notification process for Class 1 and 2 Incidents

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(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

63 Incident Notification Reports

For all Incidents an Incident Notification Report must be completed and submitted to Sydney Metro within 48 hours These reports satisfy the requirement for written communication to Sydney Metro and are completed using the Environmental Incident and Non-compliance Notification Report (SM ES-FT-403) or a similar and consistent form approved by Sydney Metro

64 Incident Investigations

Environmental Incident Investigations must be carried out for all Class 1 and Class 2 Incidents Investigations may also be requested for any other Environmental Event at the discretion of Sydney Metro This discretion is likely to be exercised where incidents of a similar nature are occurring repetitively

When conducting an Environmental Incident investigation they must

Be led by a lead investigator who is suitably independent investigator capable of arriving at objective findings and is experienced in conducting environmental incident investigations

Consider the need for legal privilege during the investigation process in consultation with legal counsel

Be informed by all available information that is relevant to the investigation

Analyse the timeline of events which led up to and followed the occurrence of Environmental Harm including the immediate incident response

Be conducted in a manner that is consistent with recognised investigation techniques such as ICAMS

Gather and record evidence

Seek the input of key stakeholders and

Identify Preventative and Corrective actions and document these in the Incident Notification Report

65 Environmental Incidents with Health and Safety Impacts

It is possible that where an Event occurs that causes Environmental Harm harm is also caused to the health safety or wellbeing of people In these situations there will also be a Health and Safety Incident process undertaken which is separate to the process outlined in this document

While the definition of the Environment covers people under the POEO Act the management of impacts upon them are carried out using the Health and Safety Incident Management protocols This is because Health Safety and Wellbeing requirements are governed by a range of legislation other than the POEO Act and this procedure is not comprehensive in that regard Sydney Metro has well established processes to manage impacts on people without the need for the Environmental Incident Process to intervene

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 15 of 19

Environmental Incident and Non-compliance Reporting Procedure

Furthermore where Environmental Events cause harm to both the lsquoenvironmentrsquo and people it is possible that the root causes for the respective impacts are different It is also possible that differences in the severity of the impacts trigger inconsistent notification requirements and investigation levels It is prudent to identify appropriate and effective corrective actions that reduce the risk of impacts to both people and the environment therefore separate Incident Management Processes are undertaken in these situations

For more detail on the management of Health and Safety Incidents please refer to the Health amp Safety Incident Reporting amp Investigation Standard (SM-17-00000040)

66 Reporting Pollution Incidents to Relevant Authorities

If an Incident or Non-compliance is a Notifiable Event then a report must be provided to the relevant Regulatory Authority within the timeframe(s) specified by the relevant legislation Pollution Incidents which are causing or threatening Material Harm to the environment must be reported to each of the following authorities immediately after project personnel become aware of the Incident as required by Section 148 of the POEO Act 1997 The contact numbers for these authorities are listed in Table 5

Table 5 Contact details for Relevant Authorities

Type Example incident

EPA Environment Line 131 555

Local Authority Local Council (specific to area)

Ministry of Health Public Health Unit (refer to httpwwwhealthnswgovauPagesdefaultaspx to confirm local area contact details)

SafeWork NSW 131 050 or contactsafeworknswgovau

Fire and Rescue NSW 000

Relevant information required to be given to EPA when making a notification is specified in Section 150 of the POEO Act 1997 as follows

Time date nature duration and location of the incident

Location of the place where pollution is occurring or is likely to occur

Nature the estimated quantity or volume and the concentration of any pollutants involved

Circumstances in which the Incident occurred (including the cause of the Incident if known)

Action taken or proposed to be taken to deal with the Incident and any resulting pollution or threatened pollution and

Other information prescribed by the regulations

All relevant information known at the time of making the notification must be reported If the information required by (c) (d) or (e) above is not known at the time of initial notification but becomes known afterwards it must be reported to each authority immediately after it

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 16 of 19

Environmental Incident and Non-compliance Reporting Procedure

becomes known Verbal notification must be followed by notification in writing within seven days of the date on which the Incident occurred

Pollution Incidents are not required to be reported if the Incident has already come to the attention of the EPA or the Incident involves only the emission of an odour

Failure to report a pollution Incident as required by the POEO Act 1997 is an offence

Where any work or activity is regulated by an Environment Protection License (EPL) notification of a pollution Incident to the EPA should be made by the licensee Thus where the contractor holds the EPL for the project notification to EPA shall be made by the contractor

For any work or activity that is not regulated by an EPL notification of pollution Incidents to EPA shall be made by Sydney Metro unless the contractor is instructed otherwise by Sydney Metro This includes pollution Incidents that occur as a result of pre-construction activities which may be undertaken prior to an EPL being required for a project Pre- construction activities are determined by the Planning Approval and may include for example geotechnical investigations or surveys

Where the Environmental Representative determines there to have been a significant off-site impact on people or the biophysical environment the program Director Sustainability Environment and Planning will notify the Secretary of the Department of Environment and Planning within 48 hours in accordance with Project Infrastructure Approval Conditions This notification will be followed by a full written report within seven days of the date on which the incident occurred

661 Maritime Related Incident Notification and Reporting

Marine Incidents involving vessels and personnel on board vessels must be reported to the Australian Maritime Safety Authority in accordance with the guidance published on their website at

Australian Maritime Safety Authority Incident Reporting and

Reporting obligations of owners and masters of domestic commercial vessels

67 Environmental Compliance Register

The Environmental Compliance Register is used to manage the information associated with reporting of Environmental Events This register is maintained by the Manager Environment and may be used by a variety of individuals to input data For access to the register or information on its use contact the Manager Environment

This register analyses the data it contains and produces environmental compliance statistics that are used to meet a range of reporting and environmental management requirements

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 17 of 19

Environmental Incident and Non-compliance Reporting Procedure

7 Environmental Non-compliance

An Environmental Non-compliance is a breach of an Environmental Requirement originating from Planning Approvals Environment Protection Licenses lease agreements and other requirements documented in environmental management plans It is important to note that regardless of whether an event is classified as a Non-compliance or an Incident the process behind managing the event remains the same with the following exceptions

Non-compliances are not notifiable to Regulatory Authorities under the POEO Act

Non-compliances are reported to have occurred on the day the breach was raised as opposed to the date when the requirement was breached (this is to preserve historical reporting and analysis ndash see Section 71)

Non-compliances are not divided into severity classes (Section 52)

Non-compliances do not have the potential to trigger crisis or emergency management processes and

There is an informal notification process in the immediate timeframe following a Non-compliance being raised

When an Environmental Event occurs that causes Environmental Harm and also breaches one or more Environmental Requirements then an Incident Notification Report will be created which records what requirements were breached

If a Non-compliance is identified then it must be raised using the Environmental Incident and Non-compliance Report Form within 48 hours by the party responsible for the breach

71 Non-compliance Rate

A key environmental performance statistic used by Sydney Metro is the Non-compliance Rate This statistic provides a standardised way of comparing the performance of different projects or contractors The NC Rate is calculated using the following formula

= (119873119862119904 + 119868119899119888119894119889119890119899119905119904 119908119894119905ℎ 119887119903119890119886119888ℎ119890119904 119903119886119894119904119890119889 119894119899 119898119900119899119905ℎ) + (119874119901119890119899 119873119862119904 + 119874119901119890119899 119868119899119888119894119889119890119899119905119904 119908119894119905ℎ 119887119903119890119886119888ℎ119890119904 119891119903119900119898 119901119903119890119907119894119900119906119904 119898119900119899119905ℎ119904)

119879119900119905119886119897 119873119906119898119887119890119903 119900119891 119874119899119892119900119894119899119892 119877119890119902119906119894119903119890119898119890119899119905119904) 119883 100

Each month a count of the number of NCs raised and Incident raised where Environmental Requirements have also been breached is counted Added to this number is the number of these events which were raised in previous months that still held an Open status in the current reporting period Non-compliance and incident Events are considered Open if any of the associated Actions are Open The total is divided by the number of Environmental Requirements which are actively being complied with (Ongoing Requirements) and a multiplying factor of 100 is applied

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 18 of 19

Environmental Incident and Non-compliance Reporting Procedure

8 Corrective and Preventative Actions

Whenever an Environmental Event is raised actions will be assigned to the event irrespective of whether it is an Issue Incident or Non-compliance These actions will generally be Corrective Actions which are implemented to eliminate the cause of the Incident Non-compliance or Issue and can be thought of as reactive measures in response to the Environmental Event

Preventative Actions may also be assigned to prevent the occurrence of an Incident Non-compliance or Issue and can be considered pro-active measures which may be recommended following a detailed investigation of the event

Actions must

Limit impacts as far as is reasonably practicable

eliminate risk where practicable

where is it not practicable to eliminate the risk follow the hierarchy of controls

address root causes and contributing factors and

be prioritised based on risk

The Executive Director Safety Sustainability amp Environment must ensure there are systems in place to

monitor corrective action status

escalate issues to the executive where progress on a corrective action is inadequate and

retain all corrective action responses for recording purposes

81 Action Status

Actions are allocated to a person who will take accountability for ensuring it is carried out within a timely manner and completed by the due date

Actions are either closed immediately if the Action has already been carried out and verified by Sydney Metro or are created with an open status The Action will remain in an open state until such a time as Sydney Metro verifies that the responsible person has completed the Action in a satisfactory manner Until all actions associated with an Incident Non-compliance or Issue are closed the original Environmental Event is considered to be open as well This is relevant when calculating the NC Rate as open Non-compliances and Incidents contribute toward the calculation of this statistic

Verification is determined by the Environmental Lead by sighting evidence of the Actions implementation

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 19 of 19

Environmental Incident and Non-compliance Reporting Procedure

9 Related Documents and References

10 Superseded Documents

11 Document History

Related Documents and References

Environmental amp Sustainability Management Manual

Risk Management Standard

Health amp Safety Incident Reporting amp Investigation Standard (SM-17-00000040)

Crisis Management Implementation Plan

Environmental Incident and Non-compliance Notification Report

Environmental Inspection Information amp Summary

Sydney Metro Glossary

Superseded Documents

There are no documents superseded as a result of this document

Version Date of approval Notes

10 31 March 2015 New document

20 7 July 2016 IMS Review

30 7 April 2017 IMS Review

40 23 November 2018 IMS Review

50 11 February 2019 IMS Review

51 18 February 2019 Minor correction to formula

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Appendix 10 ndash Sydney Metro Environmental Inspection template

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2016 CEMP Appendix 10 - Sydney Metro Inspection template Page 1 of 1

Environmental Inspection Report Template

Contract

Contractor Date

Inspection Number Time

Location

Weather

Attendees

Site Activities

Item No

Key Issues Action Party

Priority

(L M H)

Inspection by

Name Title Signature

Date

Copy to

- All attendees

-

-

-

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Appendix 11 ndash Georgiou Environmental Policy

COMPANY POLICY

Rob Monaci Chief Executive Officer Georgiou Group September 2020

ENVIRONMENTAL

Georgiou is committed to minimising where reasonably practicable its impact on the natural environment and social surroundings for the benefit of current and future generations while enhancing Georgioursquos environmental performance

In order to achieve this commitment Georgiou will

set environmental objectives and targets applicable to the aspects and potential impacts of projects and facilities

establish positive relationships with community and stakeholders

comply with all applicable environmental laws regulations statutory obligations and client environmental requirements

identify significant environmental aspects and develop effective and appropriate mitigation measures to minimise environmental impacts

provide measures to protect heritage biodiversity land and waterways

manage potential community impacts related to air quality noise and vibration

practice responsible resource use and waste management including the promotion of efficient use reuse and recycling of resources

implement and maintain Georgioursquos management system and practices to meet its business needs ASNZS ISO 14001 client and other obligations and

hold employees and subcontractors accountable for proactively meeting their environmental responsibilities

Achieving these commitments is fundamental to demonstrate a positive impact on the environment and communities associated with Georgioursquos activities and developments All employees and persons who work with Georgiou have a personal responsibility for implementing this Policy

SAFE

TY |

PRO

FIT

| RE

LATI

ON

SHIP

S |

PEO

PLE

| IN

NO

VAT

ION

Page 4: Environmental Management Plan - NSW - Georgiou

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Hierarchy of Control 27

Site Environmental Risk Analysis 28

Review of Risks 28

831 Change Management 28

Operational Control 28

841 Environmental Hazard Reporting 28

842 Take 5 29

843 Job Hazard Analysis (JHA)Safe Work Method Statement (SWMS) 29

844 Permit to Work 29

845 Environmental Control Maps 29

9 SIGNIFICANT ENVIRONMENTAL ASPECTS MANAGEMENT 30

10 CLOSURE AND COMMISSIONING 30

11 TRAINING COMPETENCY AND RESOURCING 30

1111 Toolbox talks 30

1112 Recording of Training and Assessment 31

12 INCIDENT EMERGENCY PREPAREDNESS AND RESPONSE 31

EmergencyIncident Planning and Control 31

13 HSE REPORTING AND INVESTIGATION 31

Notifications and Reporting 31

1311 Internal 31

1312 Notification of Incidents to Sydney Metro 31

1313 Statutory Notifications 31

Investigations 32

Review and Communication of Incidents 32

14 ENVIRONMENTAL REPORTING 32

1411 Monthly Reports 32

Site Meetings 32

Project Performance Review 33

15 AUDITING REVIEWS AND INSPECTIONS 33

Inspections 33

1511 Environmental Inspections 33

Audits and Reviews 33

Monitoring 34

Corrective Actions 34

16 DOCUMENT AND RECORD CONTROL 34

17 APPENDICES 35

Appendix 1 - Waste Management Sub Plan 36

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Appendix 1A ndash Sydney Metro Waste Classification Procedure 42

Appendix 2- Soil and Water Management Sub Plan 43

Appendix 3- Hydrocarbon and Chemical Management Sub Plan 46

Appendix 4 - Flora amp Fauna Management Sub Plan 50

Appendix 5 - Cultural Heritage Management Sub Plan 53

Appendix 5A ndash Sydney Metro Unexpected Heritage Finds Procedure 55

Appendix 5B ndash Sydney Metro Exhumation Management Procedure 56

Appendix 6 - Air Quality amp Dust Management Sub Plan 57

Appendix 7- Noise Vibration and Light spill Management Sub Plan 59

Appendix 7A ndash Sydney Metro Out of Hours Application form 61

Appendix 8 ndash Contaminated Land Management Sub Plan 62

Appendix 8A ndash Unexpected Contamination finds procedure 67

Appendix 8B ndash Unexpected Asbestos finds procedure 71

Appendix 9 ndash Sydney Metro Incident and non-compliance reporting procedure 78

Appendix 10 ndash Sydney Metro Environmental Inspection template 79

Appendix 11 ndash Georgiou Environmental Policy 80

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GLOSSARY ABBREVIATIONS

Term Expanded text

AFMP Ancillary Facilities Management Plan

BC Act Biodiversity Conservation Act 2016

CoA Condition of approval

Compliance audit Verification of how implementation is proceeding with respect to an CEMP (which incorporates the relevant approval conditions)

CPESC Certified practising erosion and sediment control professional

CRM Community Relations Manager

CPESC Certified practising erosion and sediment control professional

CSSI Critical State Significant Infrastructure

DEC Department of Environment and Conservation (NSW) (former)

DIPNR Department of Infrastructure Planning and Natural Resources (former)

DoEE Commonwealth Department of the Environment and Energy

DoI - Water NSW Department of Industry - Water

DPIE NSW Department of Planning Industry and Environment

Ecologically sustainable development (ESD)

Using conserving and enhancing the communityrsquos resources so that the ecological processes on which life depends are maintained and the total quality of life now and in the future can be increased (Council of Australian Governments 1992)

EIS Environmental Impact Statement

EMS Environmental Management System

Environmental aspect

Defined by ASNZS ISO 140012015 as an element of an organisationrsquos activities products or services that can interact with the environment

Environmental impact

Defined by ASNZS ISO 140012015 as any change to the environment whether adverse or beneficial wholly or partially resulting from an organisationrsquos environmental aspects

Environmental incident

An unexpected event that has or has the potential to cause harm to the environment and requires some action to minimise the impact or restore the environment

Environmental objective

Defined by ASNZS ISO 140012015 as an overall environmental goal consistent with the environmental policy that an organisation sets itself to achieve

Environmental policy

Statement by an organisation of its intention and principles for environmental performance

Environmental target

Defined by ASNZS ISO 140012015 as a detailed performance requirement applicable to the organisation or parts thereof that arises from the environmental objectives and that needs to be set and met in order to achieve those objectives

EPA NSW Environment Protection Authority

EPampA Act NSW Environmental Planning and Assessment Act 1979

EPBC Act Commonwealth Environment Protection and Biodiversity Conservation Act 1999

EPL NSW Environment Protection Licence under the Protection of the Environment Operations Act 1997

ERG Environmental Review Group

ESCP Erosion and Sediment Control Plan

EWMS Environmental Work Method Statement

Federal-CoA Condition of the Federal Department of the Environment and Energy Approval Decision

Hold point Is a verification point that prevents work from commencing prior to approval

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CEMP Bays Road Relocation Works

LGA Local Government Area

MNES Matters of National Environmental Significance

Non-compliance Failure to comply with the requirements of the Project approval or any applicable licence permit or legal requirements

NSW-CoA Condition of the NSW DPampE Infrastructure Approval

OEH NSW Office of Environment and Heritage

OOHW Out of hours work

PIRMP Pollution Incident Response Management Plan

POEO Act Protection of the Environment Operations Act 1997 (NSW)

RAP Registered Aboriginal Party

RBL Rating background level

REF Review of Environmental Factors

ROL Road occupancy licence

SAP Sensitive Area Plan

SEPP State Environmental Planning Policy

UXO Unexploded Ordnance

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CEMP Bays Road Relocation Works

1 INTRODUCTION AND PURPOSE

The purpose of this Construction Environmental Management Plan (CEMP) is to describe how environmental aspects

are to be managed so that the site and those engaged onsite will

Comply with Georgiou Policy Client legal and other obligations

Minimise the impacts on the environment

Achieve the Company client and site objectives and targets

implement mitigation measures identified and assessed through Review of Environmental Factors (REF) under

Part 5 of the EPampA Act

Comply with the requirements of the Construction Environmental Management Framework (CEMF) February

2020 version 41 Managing Contractor Contract (MCC) Works Brief licencing and other relevant documents

This Management Plan is written in accordance with Georgioursquos health safety and environment management

system that is 3rd party certified to ASNZS ISO 14001 It has been written in accordance with the Transport for

New South Wales (TfNSW) Sydney Metro Construction Environmental Management Framework (CEMF) and the

project specific Sydney Metro General Specification ndash Plans and Reporting

Amendments and Authorisation

This Management Plan will be approved by the Project Manager their Line Manager and a Representative from the

HSE Department This Management Plan and other related documents will be reviewed annually or as a result of

Changes to Company procedures or processes

Changes to key personnel or resources

Changes in legal and other obligations

Findings from an audit or inspection

Findings from a significant incident or near miss

Significant changes to site conditions andor work methods

Instructions from Sydney Metro

Reviews will be undertaken in consultation with key stakeholders to ensure all locationsfunctions are considered

A record of the date and comments relating to any revisions of this document will be included in the revision table

The only Georgiou authorisation required to amend this document after initial approval is the Project Managerrsquos

Communication of this Plan

The Project Manager is accountable for ensuring

Location and access to the management plans is communicated at induction Management Plans have been communicated to subcontractor personnel prior to commencement of works

onsite Any changes made to the management plan are communicated to affected persons on the site

Supporting Management Plans

The following management plans have been developed to support this management plan

Emergency Response and Preparedness Plan

Georgiou Crisis Management Plan (controlled by Georgioursquos Perth Head Office and available on Company Intranet)

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2 SCOPE OF WORKS

Sydney Metro is proposing to configure the internal port road network at Rozelle to facilitate the orderly urban

renewal of the Bays West area while maintaining access to the White Bay Cruise Terminal and other port operations

at Glebe Island and White Bay This includes long-term urban renewal initiatives for the Bays West area and works

for various future developments within the locality including critical works for the proposed Sydney Metro West

The proposal also provides the opportunity to improve road safety by reducing conflicting traffic movements in the

internal port road network

Georgioursquos scope of works is described as lsquoPhase 1rsquo works in the REF and it comprises of the following key

features

A reconfigured intersection at Port Access Road Solomons Way Sommerville Road including an interim

connection with the existing Port Access Road until it is relocated (as part of Phase 2)

Establishment of one-way traffic circulation along Solomons Way and Sommerville Road around the Glebe Island

Silos

Relocation of the Cement Australia Truck Parking Licenced Area to the north prior to the construction of the

reconfigured intersection due to the direct conflict with the reconfigured intersection

3 LOCATION

The proposal is located in an established industrial and port context at Rozelle within the Inner West Council local

government area

The lsquoproposal sitersquo refers to the area that would be directly impacted by the proposal as shown in Figure 1-1 The

proposal site is largely disused with the exception of the Port Access Road and port related lease areas including a

Cement Australia Truck Parking Licenced Area to service Cement Australiarsquos operations at the Glebe Island Silos

The proposal site is under the ownership of the Port Authority of NSW

To the north of the proposal site is the existing Port Access Road that supports access to the White Bay Cruise

Terminal and other port operations at White Bay To the east of the site is the existing Cement Australia and Sugar

Australia Glebe Island Silos and the Gypsum Resources Australia facility The south-eastern border of the site is

vegetated land adjoining Victoria Road Western Distributor The proposed location for the relocated Cement

Australia Truck Parking Licenced Area is currently a hardstand laydown area used by Port Authority of NSW

Beyond the proposal site the wider locality features a mix of land uses including retail commercial and urban

services along Robert Street to the north port and maritime uses to the east (Glebe Island and White Bay) and to

the south and City West Link Road and residential dwellings to the west in Rozelle

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CEMP Bays Road Relocation Works

Figure 3-1 Site location

4 ENVIRONMENTAL MANAGEMENT SYSTEM OVERVIEW

The following documents provide further information in regards to this topic

Management System Standard

Environmental Management System

The CEMP has been prepared in accordance with the overarching environmental management system (EMS) as

detailed below

Georgiou has a certified EMS consistent with ASNZS ISO 14001 Environmental Management Systems and will

prepare CEMPs in accordance with this EMS

GC-HSE-PLA-437 Uncontrolled when saved or printed

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CEMP Bays Road Relocation Works

Policy

This Management Plan has been prepared in accordance with Georgioursquos Environmental Policy (appendix 11) All

relevant works including those conducted by subcontractors or by other companies on Georgioursquos behalf will

conform to this Policy

Georgioursquos Environmental Policy will be communicated to all workers at their site induction and displayed at the

site Georgioursquos policies will be made available to any interested party

Environmental Management Plan

This CEMP provides the system to manage and control the environmental aspects of the Project during pre-

construction and construction It identifies all the requirements applicable to manage the activities described in

Section 2 It also provides the overall framework for the system and procedures to ensure environmental impacts

are minimised and legislative and other requirements are fulfilled The strategies defined in this CEMP have been

developed with consideration of the Project approval requirements environmental management measures

presented in the approval documents This CEMP establishes the system for implementation monitoring and

continuous improvement to minimise impacts from the Project on the environment

This CEMP is consistent with

ASNZS ISO14001 2004 lsquoEnvironmental Management Systems - requirements with guidance for usersquo

Georgiou HSEQ Management System

Environmental Policy

Georgious Management is committed to regulatory

compliance pollution prevention and continous

improvement

Planning

Identify environmental interactions and signficant

aspects identify legal and other requirements and development

environmental objectives targets and the programs in

which to achieve them

Implementation and Operation

Define structure and responsibility identify and complete training

needs establish communication procedures document the EMS

through policies plans and procedures establish document

control establish operational control implement emergency

preparedness and response

Checking

Monitor and measure environmental interactions

evaluate compliance establish a non-conformance corrective

action and preventative action system maintain records and

perform periodic internal audits of the EMS

Management Review

Management to review environmental performance

EMS performance policy priorities and objectives and recommend improvements

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5 LEGAL AND OTHER OBLIGATIONS

The following documents provide further information in regards to this topic

Management System Standard

HSE Legal and Other Obligations Directory

General

The statutory requirements for this site have been identified within the Company HSE Legal and Obligations

Directories (available on Company Intranet) and have been incorporated into this management plan Legal and

other requirements specific to this contract which are not otherwise captured in the Company HSE Legal and

Obligations Directories are as follows

Legislation Other requirement

Requirement Comment

EPBC Act 1999

Under the EPBC Act a referral to the Commonwealth Department of Agriculture Water and the Environment is required for proposed lsquoactionsrsquo that have the potential to significantly impact on any matter of national environmental significance the environment in general or the environment of Commonwealth land (including leased land)

There are no matters of national environmental significance located within the general area of the proposal as confirmed in Appendix A of the REF Therefore an EPBC Act referral is not required

EPampA Act 1979

Clause 94 of the ISEPP outlines that development for the purpose of road and road infrastructure facilities which are permissible without the need for development consent under Part 4 of the EPampA Act when carried out by a public authority

Sydney Metro is a public authority and has prepared an REF and determination report to meet the assessment requirements under the EPampA Act

EPampA Regulation 1979 Under clause 228 of the factors to take into account concerning the impact on an activity on the environment

The REF and determination report prepared by Sydney Metro has considered factors under clause 228

ISEPP 2007

Division 1 of Part 2 of the ISEPP contains provisions for public authorities to consult with local councils and other public authorities prior to the commencement of certain types of development

Sydney Metro will conduct consultation with local councils and other authorities prior to commencement of construction

Biosecurity Act 2015

Under the Biosecurity Act 2015 all plants including weeds are regulated with a general biosecurity duty to prevent eliminate or minimise any biosecurity risk they may pose Any person who deals with any plant who knows (or ought to know) of any biosecurity risk has a duty to ensure the risk is prevented eliminated or minimised so far as is reasonably practicable

The State level priority weeds and associated legal requirements relevant to the region are outlined in the Greater Sydney Regional Strategic Weed Management Plan 2017-2022 (Greater Sydney Local Land Services 2017)

As such if present priority weeds on the site would be assessed and controlled to fulfil the General Biosecurity Duty and minimise biosecurity risks

Contaminated Land Section 60 of the Contaminated Land Management Act 1997 imposes a duty on

One site (former White Bay Power Station) that is currently regulated by

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Management Act 1997 landowners to notify the NSW EPA and potentially investigate and remediate land if contamination is above NSW EPA guideline levels

the NSW EPA is located within the proposal site

Given the proposed works are predominately surficial or up to one metre below existing site levels contamination risk is considered minor and manageable

Biodiversity

Conservation Act 2016

The Biodiversity Conservation Act 2016 provides for the protection of threatened species populations and ecological communities in NSW If a threatened species population or ecological community or its habitat is likely to occur in any area that may be affected by the proposal then an assessment of significance must be prepared to determine whether the proposal would have a significant impact

The site is unlikely to contain suitable habitat for any listed threatened species or community and is unlikely to have a significant impact on any threatened species or community

Heritage Act 1977

The NSW Heritage Act 1977 (Heritage Act) provides protection for items of lsquoEnvironmental heritagersquo in NSW Items considered to be significant to the State are listed on the State Heritage Register (SHR) and cannot be demolished altered moved or damaged or their significance altered without approval from the Heritage Council of NSW

Section 170 of the Heritage Act requires government agencies to maintain a heritage and conservation register (Section 170 register) These registers provide a list of government assets which may have State or local heritage significance

Sections 139 to 145 of the Heritage Act prevent the excavation or disturbance of land known or likely to contain relics unless in accordance with an excavation permit Excavation permits are issued under Section 140 of the Heritage Act or Section 60 for sites listed on the SHR Excavation Permit Applications must be supported by an Archaeological Research Design Section 146 of the Heritage Act requires that any discovery or location of a lsquorelicrsquo is reported to the Heritage Council

The road footprint for Georgioursquos scope of works is located outside of the heritage curtilage for the SHR-listed White Bay Power Station and does not extend north to the White Bay Power Station (Inlet) Canal (Port Authority of NSW s170 4560062)

The Glebe Island Silos (Port Authority of NSW s170 4560016) and the Glebe Island Dyke Exposures (Port Authority of NSW s170 4560056) are located immediately adjacent to the road footprint

As detailed in the REF it is unlikely that archaeological relics would be impacted by the works therefore a Section 139 exception or Section 140 permit are not required for the works

National Parks and

Wildlife Act 1974

Sections 86 87 and 90 of the National Parks and Wildlife Act 1974 require consent from the Environment Energy and Science Group of the Department of Planning Industry and Environment for the destruction or damage of Aboriginal objects

The proposal is unlikely to disturb any Aboriginal objects (refer Section 77)

However if unexpected archaeological items or items of Aboriginal heritage significance are discovered during the construction of the proposal the Sydney Metro Unexpected Finds procedure would be followed

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Protection of

the Environment

Operations Act 1997

The Protection of the Environment Operations Act 1997 (POEO Act) administers environment protection licences (EPLs) for specific activities relating to air water and noise pollution and waste management The Environment Protection Authority (EPA) and local government where relevant administer the POEO Act

Development activities require an EPL under the POEO Act if those activities meet the assessment criteria outlined in Schedule 1 of the Act

The proposal does not meet the definition of a scheduled activity under Schedule 1

In addition the POEO Act would require construction to be managed to prevent and avoid the potential to cause water noise andor air pollution The Act also includes requirements in relation to the management of waste

Notification to the EPA would also be required (as the administrators of this Act) in instances where any pollution incident has the potential to lsquocause or threaten material harm to the environmentrsquo (refer to Section 148 of the Act)

Roads Act 1993

In accordance with Section 138 of the Roads Act 1993 consent from NSW Transport for NSW would be required for the carrying out of work in on or over a classified road

For works on unclassified roads Clause 5 of Schedule 2 of the Act provides that a public authority is not required to obtain a road authorityrsquos consent

Ongoing consultation would be carried out with the relevant road authority (or authorities) in relation to the potential impacts that may occur to all of the roads and to identify any potential construction activities may be require consent

Waste avoidance and

Resource Recovery

Act 2001

The purpose of the Waste Avoidance and Resource Recovery Act 2001 is to develop and support the implementation of regional and local programs to meet the outcomes of a State-wide strategy for waste avoidance and resource recovery

It also aims to lsquominimise the consumption of natural resources and final disposal of waste by encouraging the avoidance of waste and the reuse and recycling of wastersquo

Waste generation and disposal reporting would be carried out during the construction and operation of the proposal Procedures would be implemented during construction in an attempt to promote the objectives of the Act

Water Act 1912 and

Water Management

Act 2000

The Water Act 1912 and the Water Management Act 2000 are the two key pieces of legislation for the management of water in NSW and contain provisions for the licensing of water access and use

The proposal would not involve any water use water management works drainage or food works controlled activities or aquifer interference

National Greenhouse and Energy Reporting Act 2007

The Act established a framework for reporting of greenhouse gas emissions abatement actions energy consumption and production data

The project will report on greenhouse gas and energy usage data as required by the Act

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Contractual Environmental Requirements

This Management Plan has been written to comply with the following Sydney Metro CEMF requirements

Requirement Reference

Scope of Applicability (Any Sections of the CEMF not addressed in the left hand column of

this table do not apply) Addressed by

CEMF Requirements

Section 1 full applicability This document

Section 4

Section 2 full applicability Section 5

Section 23

Standards and guidelines applicable to the works including o ISO14001 Environmental Management System ndash Requirements

with Guidelines for Use o Interim Construction Noise Guidelines (Department of

Environment and Climate Change 2009) o Managing Urban Stormwater Soil and Construction (Landcom

2008) o AS42821997 Control of the Obtrusive Effect of Outdoor Lighting o Waste Classification Guidelines (Department of Environment

Climate Change and Water 2008) o Australian and New Zealand Guidelines for Fresh and Marine

Water Quality

Section 41

Appendix 7

Appendix 2

Appendix 1

Section 32

Only applies with respect to Construction for o SMP1 o SMP2 o SMP5 o SMP6 o SMP7 o SMP14 o SMP18 o SMP19 o SMP30

Separate sustainability management plan

Section 34

34(d) (x) applies only to the extent of addressing environmental inspections

34(d) (xi) does not apply

Approval by DPIE is not required under 34(e)

34(f) Applies with respect to o Unexpected Finds Procedure (Heritage) o Environmental Incident and Non-compliance Reporting Procedure o Construction Noise and Vibration Standard o Out of Hours Work Application Form o Unexpected Finds Procedure (Contamination)

This document

Appendices 1-10

Section 36 36(b) only applies with respect to the drafting of a Waste Management Procedure and an Unexpected Finds Procedure for Contamination

Appendix 1

Appendix 8

Section 39 39(a) (iii) does not apply 39(b) does not apply

39(b) does not apply Section 11

Section 310 Applies except that a Pollution Incident Response Plan is not required Section 12

Section 312 312(a)(i) does not apply

312(a)(iv) does not apply Section 6

Section 313

313(b) does not apply

313(d) does not apply

313(e) does not apply

Section 15

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Section 314 Full Applicability Section 13

Appendix 9

Section 315 315(d) does not apply with respect to internal audits carried out by the Principal Contractor

Section 16

Section 316 316(d) does not apply where the Principal Contractors works last less than 1 year

Section 15

Section 4 42(a) does not apply

45(c) does not apply Section 72

Section 5 51(c) does not apply

54 does not apply Appendix 7

Section 6 Only 61 applies

Sustainability management plan

Section 7 71 does not apply

72 does not apply

Appendix 2

Section 8

81 full applicability

A Construction Noise and Vibration sub-plan is not required however the CEMP must address

82(a) (iii) and (b) for Site Establishment Activities

Appendix 7

Section 9

91 (a) (i) is not applicable

A Heritage Management plan is not required however the CEMP must address the following requirements

92 (iii)

92 (ix)

92 (c) (iii)

Appendix 5 5A 5B

Section 10

101 (ii) does not apply

102(a) (iii) applies with respect to the relocation of fauna only

102(b) (i) applies

102 (b) (ii) applies

All other sections are not applicable

Appendix 4

Section 11 111 (ii) does not apply

112 does not apply Section 72

Section 12

A Soil and Water Management Plan is not required however the CEMP must address the following requirements

122 (vi)

Appendix 2

Section 13 131 full applicability

132 does not apply Appendix 6

Section 14

141 full applicability

A Waste Management Plan is not required however the CEMP must address the following Requirements

142 (a) (iv)

142 (a) (v)

142 (b) (i)

142 (d)

Appendix 1

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REF Determination Conditions of Approval

The project is subject to compliance with the Conditions of Approval (CoA) identified below these are from the

REF Determination Report (August 2020) These Conditions of Approval are consistent with the management and

mitigation measures in the REF (April 2020) with some amendments due to the project changes identified in the

REF determination report

CoA Requirement Addressed by

REF Determination Conditions of Approval

NV1 Receivers that would potentially be affected by noise andor vibration from the works would be appropriately notified before the relevant works start

This would include details on the nature of works to be carried out the expected noise levels duration of noise generating construction works and contact details during construction

Appendix 7

NV2 Where vibration levels are predicted to exceed the screening criteria a more detailed assessment of the structure (in consultation with the relevant asset owner and a structural engineer) and attended vibration monitoring would be carried out to ensure vibration levels remain below appropriate limits for that structure

For heritage buildings and structures the more detailed assessment would specifically consider the heritage values of the structure in consultation with a heritage specialist to ensure sensitive heritage fabric is adequately monitored and managed

Appendix 7

NV3 Condition surveys of buildings and structures near to the proposal would be undertaken in consultation with the relevant owner prior to the commencement of vibration intensive works where appropriate For heritage buildings and structures the surveys would consider the heritage values of the structure in consultation with a heritage specialist

Sydney Metro

NV4 Alternative construction methodologies would be considered where vibration intensive works (typically site clearing ndash demolition) result in exceedances of cosmetic damage screening criteria and may include the following

The use of hydraulic concrete shears jaw crushers coring and wire sawing in lieu of rockbreakers for demolition of structures

Use of smaller capacity rockbreakers or lower vibration generating rockbreakers

Isolating the vibration sensitive structure from the vibration intensive work area by severing the vibration transmission path using non-vibration intensive means such a sawing

Appendix 7

NV5 The potential vibration impacts to underground utilities and services would be reviewed as the proposal progresses in consultation with the asset owners and the Port Authority of NSW

Appendix 7

T1 Clear wayfinding and safety signage would be provided to direct and guide vehicles not related to the proposal during road construction works This would be supplemented by Variable Message Signs to advise drivers of traffic diversions speed restrictions or alternative routes

Traffic management plan (TMP) and Traffic control plans (TCPs) will address

T2 The Port Authority of NSW and lease holders would be notified in advance of any proposed road changes within the port area and the potential for short term delays

Sydney Metro

Georgiou must provide written notifications to Sydney Metro on road changes in

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advance of each relevant road change within the port area

T3 Construction site traffic would be managed to minimise movements during peak periods

Traffic management plan (TMP) and Traffic control plans (TCPs) will address

T4 Access to Cement Australia and other leased areas would be maintained in consultation with Port Authority and lease holders

Sydney Metro

Georgiou will provide required information to SM

T5 All staff parking would be provided on-site and not on surrounding local streets

Traffic management plan (TMP) and Traffic control plans (TCPs) will address

NAH1 An Archaeological Work Method Statement would be prepared and implemented where excavation is required The Archaeological Work Method Statement would outline the requirements of archaeological monitoring and recording where archaeological remains of potential local significance may be impacted

Sydney Metro

(Transferred to Georgiou under VO-003)

C1 Sampling and testing of soils in areas of potential contamination concern would be conducted to characterise the soils (with respect to contamination) and determine the appropriate waste classification (which may include hazardous wastes or special wastes) and management response Waste classification would be carried out in accordance with the Waste Classification Guidelines Part 1 Classifying Waste (NSW Environment Protection Authority 2014)

Appendix 1

Appendix 1A

C2 Soils would be managed in accordance with the Protection of the Environment Operations (Waste) Regulation 2014 and disposed of to an appropriately licensed waste management facility

Appendix 1

Appendix 1A

C3 Erosion and sediment measures would be implemented in accordance with the principles and requirements in Managing Urban Stormwater ndash Soils and Construction Volume 1 (Landcom 2004) and Volume 2D (NSW Department of Environment Climate Change and Water 2008)

Appendix 2

C4 All fuels chemicals and hazardous liquids would be stored in accordance with Australian standards and EPA Guidelines Any refuelling carried out on-site would be carried out in designated areas only and spill kits would be available as part of any worksite

Appendix 3

C5 Prior to ground disturbance in areas of potential acid sulfate soil occurrence testing would be carried out to determine the presence of actual andor potential acid sulfate soils If acid sulfate soils are encountered they would be managed in accordance with the Acid Sulfate Soil Manual (Acid Sulfate Soil Management Advisory Committee 1998)

Appendix 2

LV1 The design and maintenance of construction site fencing would aim to minimise visual amenity impact where visible from public areas

Section 722

LV2 Lighting of construction areas (if required) would be orientated to minimise glare and light spill impacts on adjacent receivers

Appendix 7

WR1 All waste would be assessed classified managed transported and disposed of in accordance with the Waste Classification Guidelines and the Protection of the Environment Operations (Waste) Regulation 2014

Appendix 1

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The waste management hierarchy principles established under the Waste Avoidance and Resource Recovery Act 2001 of avoidreducereuserecycledispose would be applied to the construction of the proposal

AQ1 The following best-practice dust management measures would be implemented during all construction works

Regularly wet-down exposed and disturbed areas including stockpiles especially during dry weather

Adjust the intensity of activities based on measured and observed dust levels and weather forecasts

Minimise the amount of materials stockpiled and position stockpiles away from surrounding receivers

Regularly inspect dust emissions and apply additional controls as required

Appendix 6

AQ2 Plant and equipment would be maintained in a proper and efficient manner Visual inspections of emissions from plant would be carried out as part of pre-acceptance checks

Appendix 6

GHG1 Opportunities to reduce greenhouse gas emissions through the increased use of recycled materials would be investigated during detailed design

Sydney Metro

CI1 The likelihood of cumulative (ie concurrent and consecutive) construction impacts would be reviewed during detailed design when detailed construction schedules are available

Co-ordination and consultation with the following stakeholders would occur where required to manage the interface of projects under construction at the same time

Transport for NSW including Transport Coordination

Department of Planning Industry and Environment

Port Authority of NSW

Sydney Motorways Corporation

Construction contractors

Co-ordination would occur between potentially interacting projects to minimise concurrent or consecutive works in the same areas where possible

Sydney Metro

Georgiou must participate in any consultation as requested by the Principal and provide the Principal with all information and documentation the Principal requires to comply with condition

Environmental Licences and Permits

The Project Environmental Site Representative will be responsible for

Checking with the local government municipality to see if there are local environmental requirements Identifying the environmental licences and or permits under which the site will operate Obtaining a copy of any client held licences permitsapprovals to determine conditions of compliance or if not

available obtaining written verification that licences and permits are held Obtaining Georgiou held licences and or permits Monitoring compliance to the conditions of the licencepermit and report on the status in the Project HSEQ

Performance Report and to the client

Permits and licences relevant to the project are as follows

Permit licence Responsibility Status

Environmental protection licences (EPL) under the Protection of the Environment Operations Act 1997 for road construction

Georgiou Not required as this project does not trigger a scheduled activity under the POEO Act 1997

Road Occupancy Licences Georgiou To be applied for as required

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Infringement Improvement and Prohibition Notices

The Project Manager or delegate will ensure any infringement improvement or prohibition notice issued by a

regulatory authority recorded as a incident in Georgioursquos Incident reporting database (Beakon) and appropriate

actions taken in a timely manner A copy of the infringement improvement or prohibition will be added to the

incident report and forwarded to the HSE Business Unit Lead

The Project Manager will notify via email their General Manager Construction Manager Operations Manager

HSE Business Unit amp Environmental Site Representative Lead when the infringement improvement or prohibitions

notice has been closed out

Availability of Statutory and Other Information

Georgioursquos HSEQ Department maintains links to current statutory documents (Acts Regulations and Codes of

Practice) in the HSE Legal and Other Obligations Directories which are located on Georgioursquos Intranet

(GENIE)Georgiou subscribes to Environmental Essentials product Envirolaw which is available to all personnel

through the intranet link Envirolaw summarises environmental legal obligations provides links to legislation and

guidelines as well as providing search capabilities

Changes in legislation are monitored by the HSEQ Department and site management will be notified where a change

affects a site The Project Manager will be responsible for communicating changes in accordance with section 7

HSE will ensure the change is reflected in this Management Plan and other relevant plans and documents as

applicable

Objectives amp Targets

Objectives and targets have been set for the site taking into account the significant hazards and environmental

aspects of the job the group objectives and client and contractual requirements These are documented in the

table below

Item Description Measurement Target

1 Successful implementation of CEMP and contract requirements

Audits inspections reporting management reviews

0 NCRs associated with CEMP implementation

2 Compliance with all legal requirements Audits reporting management reviews

0 regulatory infringements (PINs or prosecutions)

3 Engage with the affected and broader community minimise complaints and respond to any complaints within a suitable timeframe

Review complaints register reporting audits

0 NCRs associated with CCS implementation

4 Environmental incidents with the potential to cause material harm to the environment

Number of material harm incidents 0

5 Continuously improve environmental performance

Regular environmental inspections

Regular Leadership visits

Share environmental best practice and innovations across projects

1 environmental inspection per week

1 Leadership visit per month

1 NSW Environmental meeting per month

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6 Environmental Awareness for all workers

Conduct all Toolboxes and training identified in this CEMP

1 environmental toolbox per month on relevant site issues

Additional objectives and targets may be set specifically for activities identified for upcoming works Performance

against all HSE objectives will be monitored as a minimum monthly at site meetings

6 STRUCTURE AND RESPONSIBILITIES

Organisational Structure

The site organisational structure has been documented in the Site Organisational Chart The Site Organisational

Chart identifies the roles that will support the site in fulfilling their HSE responsibilities

Roles and Responsibilities and Authority

The Project Manager is accountable for the environmental performance of the project and the implementation of

the projectrsquos management plans Key personnel and their site responsibilities are detailed below

Project Manager ndash Brad Collins

The environmental responsibilities of the Project Manager include (but are not limited to) the following

Ensure all works comply with relevant regulatory and Project requirements Ensure the requirements of this CEMP are fully implemented and in particular that environmental

requirements are not secondary to other construction requirements Endorse and support the environmental policy Be aware of their environmental responsibilities as detailed in the management plans Actively ensure that subcontractors and suppliers are complying with environmental requirements Liaise with the client and other government authorities as required Participate and provide guidance in the regular review of this CEMP and supporting documentation Provide adequate resources (personnel financial and technological) to ensure effective development

implementation and maintenance of this CEMP Ensure that all personnel receive appropriate induction training including details of the environmental and

community requirements Ensure that complaints are investigated to ensure effective resolution Stop work immediately if an unacceptable impact on the environment is likely to occur Hold monthly HSEQ management meetings to review environmental performance and monitor

implementation and effectiveness of the management system Ensure their direct reports fulfil their environmental responsibilities and achievement of KPIrsquos Support workers to immediately stop any lsquoat risk behaviourrsquo identified during their work activities

Project Site Engineer ndash Richard Kelly

The environmental responsibilities of the Project engineers include (but are not limited to) the following

Provide input into the preparation of environmental planning documents as required Ensure that instructions are issued and adequate information provided to employees that relate to

environmental risks on-site Ensure that the works are carried out in accordance with the requirements of the CEMP and supporting

documentation including the implementation of all environmental controls Identify any environmental risks Identify resource needs for implementation of CEMP requirements and related documents Ensure that complaints are investigated to ensure effective resolution

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Take action in the event of an emergency and allocate the required resources to minimise the environmental impact

Report any activity that has resulted or has the potential to result in an environmental incident immediately to the Supervisor and Environmental Site Representative

Supervisor ndash Eddie Storer

The Supervisor is responsible for creating an exemplary HSE culture and ensuring adherence to the Management System on their site The Supervisor is responsible for approving the commencement of works and to allocate necessary resources to complete a job safely in accordance with the Management Plan and will

Demonstrate commitment to the Environment by monitoring the workplace to ensure work practices are adhered to by way of routine checks of the workplace compliance to the Management Plan

Demonstrating through their actions and behaviour that safety and the environment are core values Hold Supervisors and leading hands (Georgiou amp subcontractors) accountable for the fulfilment of their

Environmental responsibilities including KPIrsquos Be given the authority and independence to require reasonable steps be taken to avoid or minimise

unintended or adverse environmental impacts Allocating work to ensure appropriate supervision for those with lesser experience Ensuring appropriate and necessary plant and equipment is provided for workers to carry out their work

safely and without undue harm to the environment Stopping rejecting or quarantining materials plant and equipment Supporting workers to immediately stop any lsquoAt Risk Behaviourrsquo identified during their work activities Participating in audits investigations and constructability reviews Management and HSE performance of the subcontractors utilised on site

Environmental Site Representative ndash Chloe Redman

The environmental responsibilities of the Environmental Site Representative include (but are not limited to)

overall responsibility for the implementation of environmental matters on the Project development implementation monitoring and updating of the EMP and sub-plans in accordance with

ISO14001 report to the Project Manager on the performance and implementation of the CEMP to ensure management

reviews of the CEMP are undertaken annually documented and actions implemented ensure environmental risks of the Project are identified and appropriate mitigation measures implemented identify where environmental measures are not meeting the targets set and where improvement can be

achieved ensure environmental protocols are in place and managed ensure environmental compliance obtain and update all environmental licences approvals and permits as required liaise with the approval authorities manage environmental document control reporting inductions and training manage environmental reporting within the Project team and to the Client and regulatory authorities prepare reports on a monthly basis outlining the Project works undertaken and the achievements that have

been met as well as identifying those areas where improvements were made oversee site monitoring inspections and audits manage all sub-contractors and consultants with regard to environmental matters including assessing their

environmental capabilities and overseeing the submission of their environmental documents develop and facilitate induction toolbox talks and other training programs regarding environmental

requirements for all site personnel notify the client and relevant authorities in the event of an environmental incident and manage close-out of

these stop activities where there is an actual or immediate risk of harm to the environment or to prevent

environmental non-conformities and advise the Project Manager and Supervisor assist the Community Relations Manager to resolve environment-related complaints

undertake site inspections carry out monitoring activities and complete site checklists ensure monitoring records are appropriately maintained reviewed and any non-compliance issues addressed assist in identifying environmental risks

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CEMP Bays Road Relocation Works

advise the Project Manager of the need to stop work immediately if an unacceptable impact on the environment is likely to occur or to require other reasonable steps to be taken by the site Construction staff to avoid or minimise impacts

Environmental Consultants

Georgiou has engaged consultancy contracts with the following companies

Ade Consulting - Contaminated land and hygienist services VMS ndash Noise and Vibration Management Services ARTEFACT ndash Archaeological and Heritage Consultants

Throughout the works there may be the requirement to engage other specialist environmental consultants or change the consultants listed above All Environmental consultants engaged to provide specialist advice on environmental matters are responsible to

comply with the relevant requirements of the CEMP or other environmental management guidance as instructed by a member of the Projectrsquos management

participate in the mandatory Projectsite induction program report any environmental incidents to the Supervisor immediately or as soon as practicable if reasonable

steps can be adopted to control the incident Stop activities where there is an actual or immediate risk of harm to the environment and advise the

Supervisor Ensuring compliance with the requirements of the HSE management system Adhering to all permit requirements Complying with all statutory and regulatory requirements

All Personnel

All personnel on site are responsible for

comply with the relevant requirements of the CEMP or other environmental management guidance as instructed by a member of the Projectrsquos management

participate in the mandatory Projectsite induction program report any environmental incidents to the supervisor immediately or as soon as practicable if reasonable

steps can be adopted to control the incident undertake remedial action as required to ensure environmental controls are maintained in good working

order Stop activities where there is an actual or immediate risk of harm to the environment and advise the

Supervisor Ensuring compliance with the requirements of the HSE management system Participating and adhering to SWIrsquos and JHArsquos Adhering to all permit requirements Immediately stopping any lsquoAt Risk Behaviourrsquo identified during daily work activities Complying with statutory and regulatory requirements

Communication and Acceptance of Accountabilities and Responsibilities

The Core Site Team will acknowledge their understanding and acceptance of the site accountabilities and

responsibilities by signing Appendix 1 in this plan

Field Leadership Visits

Senior Management with an operational role or functional support will demonstrate visible and proactive commitment by visiting site to engage in discussion with site management and workers in regard to HSE issues relevant to the business which may include any of the following

Active participation and contribution in Pre-start meetings Participation in Toolbox Talks Participation in the delivery of site safety and environmental messages on-site HSE programs or initiatives Participation in work inspections One-on-one discussions

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Behavioural observations Participation in monthly meetings discussing HSEQ performance

A record of the visit and the activity undertaken by the Senior Manager will be recorded and where appropriate feedback provided to the Site team A component of the Site Leadership visit will involve an environmental inspection of the site in accordance with section 151

7 COMMUNICATION AND CONSULTATION

The following documents provide further information in regards to this topic

HSEQ Communication and Consultation Standard

Community Relationship Management Guideline

Resolution of HSE Issues Procedure

Internal Communication and Consultation

Communication and consultative arrangements will be put in place to provide workers including subcontractors

with information and an opportunity to contribute to HSE and comply with applicable legislative requirements

The Site will use the methods detailed below to communicate to employees subcontractors and visitors

information in regard to the Georgiou Management System this management plan performance and environmental

issues

711 Inductions

All personnel (including sub-contractors) are required to attend a compulsory site induction that includes an

environmental component prior to commencement on-site This is undertaken to ensure all personnel involved in

the Project are aware of the requirements of the CEMP The environmental component of the induction must cover

all elements of the CEMP and will include as a minimum

relevant details of the CEMP including all sub-plans procedures and strategies their purpose and objectives

policies and KPIs

Requirements of due diligence and duty of care

relevant legislation and conditions of environmental licences permits and approvals

Potential environmental emergencies on-site and the emergency response procedures

Reporting and notification requirements for pollution and other environmental incidents

key environmental issues

Mitigation measures for the control of environmental issues

Complaints response and reporting

Communication protocols for interactions with community and stakeholders

site specific environmental management requirements and responsibilities

Incident and emergency response and reporting requirements

Environmentally sensitive locations and no-goexclusion zones

Erosion and sediment controls water quality controls and sediment basin management

Management of contaminated material (including asbestos impacted material)

Location of identified potential contaminated land sites

Signs of contaminated soil including visual asbestos identification protocols

Procedure for unexpected finds of contaminated land asbestos

Water quality management and protection measures

Location of identified Aboriginal and non-Aboriginal archaeological heritage sites areas of cultural sensitivity

and areas of archaeological potential and the kinds of historical relics structures or deposits which may be

encountered during the Construction works

Unexpected finds procedures for heritage

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noise vibration and air quality management controls

Standard Construction hours and the process for seeking approval for out of hours works including consultation

Road occupancy and other temporary and interim traffic arrangements

Specific responsibilities for the protection of flora and fauna

A record of all environment inductions will be maintained in a Project induction and training Register and kept on-

site The training register will identify who is trained when trained the trainer and what they were trained in

712 HSE Notice Boards

All worksites that have a crib room will set up a HSE notice board to display

Project HSEQ Performance Report

Environmental BulletinsAlerts

Site HSEQ Objectives and Targets

Organisational Chart

A Site Layout Plan and Emergency Evacuation Plan Emergency contacts and First Aiders list These will also be

posted in prominent locations throughout the site as described in the site Emergency Response Management

Plan

Risk Registers

713 HSE Alerts Bulletins

Incident Alerts will be used to communicate learningrsquos and actions required to assist in ensuring incidents that have

occurred in one workplace are not repeated in others HSE Bulletins will be used to communicate environmental

information to the workplace HSE Alerts and Bulletins will be developed by the Site Team using the approved

templates and approved by the HSE Business Unit Lead prior to communication

714 Site Meetings

The following meetings will be held on site to monitor implementation of the Georgiou Management System review

performance and communicate consult with workers in regards to HSE

Site Meetings (refer to section 142) Pre-Start Meetings Toolbox Meetings

Meeting agenda and minutes will be recorded maintained and be made available when required

Community and Stakeholder Involvement

A Community Communication Strategy will be developed for the project Key elements of the Community

Communication Strategy which will be implemented at appropriate times in the construction process will include

Notification (including targeted letterbox drops and email) of any works that may disturb local residents and businesses (such as noisy activities and night works) at least seven days prior to those works commencing

Notification (including targeted letterbox drops and email) of works that may affect transport (such as road closures changes to pedestrian routes and changes to bus stops)

Traffic alerts (via email) to all key traffic and transport stakeholders advising of any changes to access and local traffic arrangements (at least seven days prior to significant events)

Print and radio advertisements regarding major traffic changes 24-hour toll-free community project information phone line Complaints management Community information sessions as required Regular updates to the Sydney Metro website (sydneymetroinfo) including uploading of all relevant

documents and contact details for the stakeholder and community relations team

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Provision of information to the Sydney Metro Community Information Centre including community newsletters information brochures and fact sheets and interactive web-based activities

Clear signage at the construction sites Newspaper advertisements in local and metropolitan papers as required Regular inter-agency group meetings Community business and stakeholder satisfaction surveys and feedback forms Translator and interpreter services and The project team will liaise with the Sydney Metro Project Communications team as the point of contact for

the community

721 Complaints Management

Community liaison and complaints handling will be undertaken in accordance with the Construction Complaints

Management System and will include

dealing with complaints in a responsive manner so that stakeholdersrsquo concerns are managed effectively and promptly and

A verbal response will be provided to the complainant as soon as possible and within a maximum of two hours from the time of the complaint (unless the complainant requests otherwise) A detailed written response will then be provided if required to the complainant within one week

A complaints register will be maintained in Georgioursquos BEAKON database and in Sydney Metrorsquos Consultation

Manager TM which will contain

Date and time of complaint Method by which the complaint was made (telephone letter meeting etc) Name address and contact telephone number of complainant (if no such details were provided a note to that

effect) Nature of complaint Action taken in response including follow up contact with the complainant Any monitoring to confirm that the complaint has been satisfactorily resolved If no action was taken the reasons why no action was taken

The project will apply an adaptive approach to ensure that corrective actions are applied in consultation with the

appropriate construction staff to allow improvements in the management of issues resulting in community

complaints

722 Urban Design of temporary works

Temporary construction works will consider urban design and visual impacts including

Minimise impacts on existing landscape features as far as feasible and reasonable Artwork graphics and images to enhance the visual appearance of temporary works in high visibility locations Project information to raise awareness on benefits explain the proposed works at each site and provide

updates on construction progress Community information including contact numbers for enquiries complaints Signage and information to mitigate impacts on local businesses which may be obscured by the construction site Sydney Metro advertising public awareness campaigns Logos branding including Sydney Metro NSW Government and Contractor branding

The design of all temporary works will require Sydney Metro approval in relation to urban design and visual impacts

and Sydney Metro will stipulate the design of hording artwork including

Sydney Metro advertising public awareness campaigns and Logos branding including Sydney Metro NSW Government and Contractor branding

Construction hoardings scaffolding and acoustic sheds will be regularly inspected and kept clean and free of dust

build up Graffiti on construction hoardings scaffolding or acoustic sheds will be removed or painted over

promptly The principles of Crime Prevention Through Environmental Design will be applied to all works including

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CEMP Bays Road Relocation Works

temporary works that have a public interface

723 Business and Property Impacts

The project footprint is within any area managed by the Port Authority of NSW and several port related facilities

are adjacent to the work including Cement Australia Gypsum Resources Australia and Sugar Australia Georgiou will

undertake works to meet the following objectives

Minimise the potential impact of the project to businesses affected by construction works Ensure businesses are kept informed of the project and consulted in advance of major works or factors that are

likely to have a direct impact Ensure that business stakeholder enquiries and complaints regarding the project are managed and resolved

effectively

Consult with all business directly affected by changes to access arrangements regarding specific requirements at least two weeks prior to those changes coming into effect

8 HAZARD IDENTIFICATION AND RISK CONTROL

The following documents provide further information in regards to this topic

HSEQ Risk and Operational Control Standard Job Hazard Analysis (JHA) Procedure Permit to Work Procedure

Hierarchy of Control

The following hierarchy of control will be applied to controlling environmental risks and environmental aspects

within Georgiou This hierarchy recognises that the best controls act on the environment not on the people in it

HazardsAspects

Waste

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Site Environmental Risk Analysis

The Site Team has undertaken a construction risk assessment workshop (CRAW) and developed a HSEQ Risk

Register based on the Master Risk Register which incorporates the Companyrsquos mandatory controls and additional

site specific hazards and controls identified in the CRAW This Management Plan and the Emergency Response

Management Plan have been based upon this HSEQ Risk Register

Works on site will be undertaken in accordance with the HSEQ Risk Register The HSEQ Risk Register will be

made available to workers

Review of Risks

The aspects within the HSEQ Risk Register will be reviewed for adequacy

At site meetings Prior to the commencement of any new construction work that involves high impact risks After a significant incident

If there is a change made to the construction methodology and associated change in the risks and controls associated with the works the Risk register and Construction Environmental Management Plan will be updated as appropriate

831 Change Management

The following documents provide further information in regards to this topic

Change Management Procedure

Where there is a change to the planned scope design or construction methodology (including plant machinery

materials or sequence) the impact of the change must be assessed and a determination on whether the Change

Management Procedure applies If so then a formal analysis of the change will be undertaken using the

Management of Change Event Design Form

Changes to the project may require an assessment to determine consistency with the REF and Environmental

Documents The assessment will include

A description of the existing surrounding environment Details of the ancillary works and construction activities required to be carried out including the hours of works An assessment of the environmental impacts of the works including but not necessarily limited to traffic

noise and vibration air quality soil and water ecology and heritage Details of mitigation measures and monitoring specific to the works that would be implemented to minimise

environmental impacts Identification of the timing for completion of the construction works and how the sites would be reinstated

(including any necessary rehabilitation)

Operational Control

Operations and activities associated with significant environmental aspects will be planned to ensure they are

carried out under specific operating conditions An Environmental Control Map (ECM) Safe Work Method

Statements Job Hazard Analysis Take Five Hazard Report or a combination of these will be used to achieve this

requirement

841 Environmental Hazard Reporting

Environmental Hazard reporting will be conducted using the Hazard Report (contained within the Hazard

ReportTake 5 booklet)

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The Supervisor is responsible for ensuring environmental hazards are addressed in a timely manner using the

hierarchy of control and communicated to those who may be potentially affected Where hazards cannot be

addressed immediately and additional controls are required they are to be reported into the Beakon system for

follow-up and close-out

842 Take 5

Take 5 booklets will be available to all workers to perform risk assessments for work that is not high risk

construction Take 5 risk assessments include environmental aspects and the identified environmental controls for

these risks are to be documented on the Take 5 form and implemented for the works

843 Job Hazard Analysis (JHA)Safe Work Method Statement (SWMS)

JHASWMS will be completed for all high risk construction work JHASWMS developed will reflect the safety and

environmental risks and controls identified in the sites risk register and supporting work instructions

Subcontractors will be provided access to the sites HSEQ Risk Register and prior to undertaking the work will be

required to submit their JHArsquosSWMS to Georgiou for review and approval using the Subcontractor JHASWMS

Assessment (available in Beakon)

844 Permit to Work

The following high risk activities require written authority in the form of a ldquopermit to workrdquo from the Georgiou Site

Team

Vegetation Clearing Permit (Georgiou form) Dewatering Permit (Georgiou form) Out of Hours application (Sydney Metro form)

Relevant environmental controls detailed in this CEMP and associated sub plans (appendices) will be included in the

environmental permits No work involving these activities will commence until the appropriate permit has been

completed Personrsquos issuing permits on the Site will be given training in the Georgiou Permit to Work system A

permit may be required for other high risk activities as determined by risk assessment the Sitersquos Manager andor

contractual requirements

845 Environmental Control Maps

To assist pre-construction planning and on-site construction management the environmental site constraints are

consolidated on a series of map-based sheets that extend the length of the Project Environmental Control maps

include information pertaining but not limited to

Noise and vibration sensitive receiverrsquos eg residential dwellings

Flora features including threatened species and endangered ecological communities

Aboriginal and non-Aboriginal heritage sites including items places objects and sites

Local waterways

Recorded threatened fauna sightings

Relevant environmental controls detailed in this CEMP and associated sub plans (appendices)

The Environmental Control maps are a working element of the CEMP and will be revised throughout construction to

reflect true ground conditions and the most up-to-date information available on sensitive sites Sensitive area maps

will be used in conjunction with EWMS and ESCPs to help identify key risk areas and to promote ongoing

communication to construction personnel during the Project

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9 SIGNIFICANT ENVIRONMENTAL ASPECTS MANAGEMENT

The following environment aspects have been identified as significant for this project Risks associated with these

significant aspects and appropriate controls have been identified during the construction risk assessment workshop

(CRAW) and included in the HSEQ Risk Register in accordance with section 82

In addition aspect specific sub-plans within this CEMP have been developed to detail how the environmental

aspects will be managed to comply with relevant legislation amp client requirements These aspect specific sub plans

include

Waste

Soil and Water

Hydrocarbon and Chemical

Cultural Heritage

Air Quality and Dust

Noise and Vibration

Contamination

10 CLOSURE AND COMMISSIONING

At completion of this project Georgiou will hand over the site in an environmentally responsible state) taking into

account the nature of the works in accordance with legislative amp contractual requirements

11 TRAINING COMPETENCY AND RESOURCING

All Georgiou personnel and contractors will undergo environmental training before commencing works on site

Training will be undertaken in the following forms

project site induction (section 711) and Environmental awareness training through regular tool box discussions Inductees will be required to sign-off that they have been informed of the environmental issues and that they

understand their responsibilities

1111 Toolbox talks

ldquoToolboxrdquo training will help to ensure that relevant information is communicated to the workforce and that

feedback can be provided on issues of interest or concern ldquoToolboxrdquo training will generally be prepared and

delivered by the Project Engineers Site Foreman or HSE Advisor Toolbox training topics are to be delivered to

provide refresher information on the environmental induction topics and associated environmental procedures In

the event of environmental near misses or incidents or changes to procedures that could result in changed levels of

environmental risks Toolbox talks may be used to deliver updates

Toolbox topics likely to be required include

work methods and efficient use of plant and materials waste management minimisation and recycling dust control protecting waterways spills and leaks emergency response procedures wet weather procedures and inspections and Legislation updates Please refer to the Toolbox schedule for a library of HSE toolboxes to deliver over the life of the project

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1112 Recording of Training and Assessment

Records of training and assessment will be maintained and will be readily available for verification Records of

induction and training will include the topic of the training carried out dates names and trainer details

12 INCIDENT EMERGENCY PREPAREDNESS AND RESPONSE

The following documents provide further information in regard to this topic

Emergency Preparedness and Response Standard

EmergencyIncident Planning and Control

The site has in place an Emergency Response Management Plan (ERMP) that addresses emergency response control

and recovery based upon credible emergency scenarios as identified in the Site Risk Register The Emergency

Response Management Plan has been developed in accordance with Emergency Preparedness and Standard

13 HSE REPORTING AND INVESTIGATION

The following documents provide further information in regard to this topic

Sydney Metro Environmental Incident and Non Compliance Reporting Procedure

Notifications and Reporting

The Project Manager is accountable for ensuring all necessary reporting and notifications take place including

Client notification Statutory notification Scheme notification Community Complaints

Notifications and reporting regarding incidents will be done in accordance with the Sydney Metro Environmental

Incident and Non Compliance Reporting Procedure

1311 Internal

The Environmental Site Representative or their delegate will be responsible for reporting all incidents into Beakon

database Incidents reported into Beakon will be reviewed by the Responsible Manager and approved within five

working days or before month end in which the incident occurred

1312 Notification of Incidents to Sydney Metro

Sydney Metro will be notified of any Georgiou environmental incident as soon as reasonably practicable Copies of

the incident reports and investigations incident will be made available to Sydney Metro within 48 hours in

accordance with the Sydney Metro Environmental Incident and Non Compliance Reporting Procedure

1313 Statutory Notifications

An incident is an uncontrolled event or violation with serious or potentially serious negative consequences to

people property reputation or the environment Under Section 148 of the Protection of the Environment

Operations Act 1997 (POEO Act) Georgiou has a duty to immediately report pollution incidents causing or

threatening material harm to the environment Material harm is defined in Section 147 of the POEO Act as

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lsquoinvolves actual or potential harm to the health or safety of human beings or to ecosystems that is not trivial or

it results in actual or potential loss or property damage of an amount or amounts in aggregate exceeding

$10000 and this loss includes the reasonable costs and expenses that would be incurred in taking all reasonable

and practicable measures to prevent mitigate or make good harm to the environmentrsquo

Investigations

Investigations regarding the incident will be completed in accordance with the Sydney Metro Environmental

Incident and Non Compliance Reporting Procedure and commence as soon as practicable (preferably

immediately) but within 24 hours

All environmental incidents would be investigated in such a manner that the following basic elements can be

established

identifying the cause extent and responsibility of the incident

identifying and implementing the necessary corrective action

identifying the personnel responsible for carrying out the corrective action

implementing or modifying controls necessary to avoid a repeat occurrence of the incident

recording any changes in written procedures required and

Advising regulatory authorities in accordance with licence conditions

Review and Communication of Incidents

Incidents will be reviewed to check that causal factors and root causes were identified and that the findings have

been effectively addressed through assignment of actions at the

Site monthly meetings Business Unit meetings OHS Committee Meeting (if established)

Actual and potential class 1 incidents will be reviewed by senior management to ensure adequacy of closeout HSE

incidents and their preventative actionslearnings will be communicated at pre-start meetings toolbox meetings

and through HSE alertsbulletins as per section 7

14 ENVIRONMENTAL REPORTING

1411 Monthly Reports

Georgiou is required to submit an Environmental Monthly Report to the client including the information specified

below as evidence of implementation of the Environmental Management Plan

Implementation of environmental management including environmental monitoring implementation of environmental controls training inspections and testing

Implementation of incident management including emergency response - details of all environmental incidents or emergencies including non-compliance with environmental procedures and near misses complaints implementation of incident and emergency response management and implementation of corrective action

Implementation of reviews - details of internal reviews audits and inspections undertaken to verify that on-site environmental processes and practices conform to the Environmental Management Plan

Waste Statistics and NGERs reporting

Site Meetings

The Site will hold a monthly HSEQ Management Meeting in accordance with the Health amp Safety Management Plan

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Project Performance Review

At completion of the Project the Project Manager is responsible for arranging a review of project performance

which will include HSE management performance and lessons learnt for the purpose of continually improving

Georgiou Management Systems This review will be in accordance with the Project Close-Out Procedure

15 AUDITING REVIEWS AND INSPECTIONS

The following documents provide further information in regards to this topic

Auditing Reviews and Inspections Standard

Inspections

1511 Environmental Inspections

The following inspections will take place on site

Environmental Weekly Inspections Detailed Hazard Inspections considering timingavailability of activities Site leadership field visits These inspections will be used a process to monitor onsite environmental performance and they will cover all applied environmental mitigation measures including water quality erosion and sediment control structures fuel and chemical storage and waste management Attendees for the inspections can include Sydney Metro Environmental and project team members Georgiou Environmental and project team members and Georgiou Senior and Executive Management when conducting a Field Leadership Visit (section 64) The Environmental Site Representative will record inspection findings on the inspection report If any maintenance andor deficiencies in environmental controls or in the standard of environmental performance are observed they will be recorded on the inspection Records will also include details of any maintenance required the nature of the deficiency any actions required and an implementation priority Any Sydney Metro Environmental Inspections will occur on the Sydney Metro Inspection record template ndash Appendix 10

Audits and Reviews

The following audits are scheduled for this site

Internal

AuditReview

Purpose Commencement On-going requirement

Site HSE Mobilisation Audit

Review achievement towards site start-up activities

8 weeks after mobilisation NA

Internal HSEQ audit

Determine compliance to the management systems and an assessment as the effectiveness of those requirements to meet our legal and other obligations

Within 6 months of project start up

6 monthly

Sydney Metro (or an independent environmental auditor) Audit

EampSMS and compliance with the environmental aspects of contract documentation including Construction Environmental Management Framework

Construction Periodic

to be confirmed

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The Project Environmental Site Representative will be the principal contact for external auditors wishing to audit

the Sitersquos environmental management systems The Project Environmental Site Representative will be responsible

for responding to any external audits findings

Monitoring

Environment monitoring will be undertaken to validate the impacts predicted for the Project The monitoring

requirements for required aspects are included in the relevant environmental management sub-plans (Appendices)

All environmental monitoring equipment shall be maintained and calibrated according to manufacturerrsquos

specifications and appropriate records kept

Where monitoring results are outside of the expected range and are directly attributable to the Project (ie are

influenced by factors under the direct control of the Project eg noise from construction equipment) the process

described below will occur

An analysis of the results by the Environmental Site Representative in more detail with a view of determining possible causes for the non-conformance

A site inspection by the Environmental Site Representative or delegate Advising relevant personnel of the problem Identifying and agreeing on actions to resolve or mitigate the non-conformance Implementing actions to rectify or mitigate the non-conformance

Corrective Actions

Corrective actions identified through hazards inspections incidents auditing will be recorded in Beakon Close out of corrective actions are monitored through Site meetings and reported to senior management through the monthly and quarterly board reports

16 DOCUMENT AND RECORD CONTROL

Georgioursquos Health Safety and Environment Policies Standards Procedures Safe Work Instructions References

Guidelines Forms Templates are all accessible via the Companyrsquos Intranet - GENIE GENIE will maintain the

current and only authorised versions for use

Environment Management documentation that has been specifically developed for the site will be controlled on site

and recorded on the Site Document Register in accordance with the Site Quality Management Plan

The Project Manager is the owner of this plan and will apply change control to ensure the most recent plans are

approved and executed

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17 APPENDICES

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Appendix 1 - Waste Management Sub Plan Responsibility

Objectives amp Targets

Refer to the Site Objectives amp Targets (section 57 of this CEMP) Minimise spoil generation where possible The project will mandate 100 reuse or recycling (on or off-site) of usable spoil Spoil will be managed with consideration to minimising adverse traffic and transport related issues Spoil will be managed to avoid contamination of land or water Spoil will be managed with consideration of the impacts on residents and other sensitive receivers Site contamination will be effectively managed to limit the potential risk to human health and the environment Minimise waste throughout the project life-cycle Avoidance of unnecessary resource consumption Resource recovery (including reuse reprocessing recycling and energy recovery) and Disposal

Project Manager

Performance Criteria

100 Compliance with Client amp legal requirements 100 achievement with Project Objectives amp targets 100 achievement of relevant Sydney Metro CEMF objectives

Project Manager

Mitigation Measures

Training and Competency

As part of the Site Induction workers will be informed of

- The types of waste generated on site

- How the wastes are to be handled stored and disposed of Personnel responsible for clean-up of spills will be provided with instruction on how to use the sites

spill kits Personnel handling hazardous materials will be provided training to read and understand the SDS

Project Manager

Unidentified Waste Wastes that cannot be positively identified (ie unlabelled liquids potential asbestos) will be tested

before handling and disposal Any material that is unknown should be considered hazardous until positively identified

Project Engineer

Handling

Where practicable dust generating rubbish and debris will be removed to minimise dust release into the atmosphere

Handling of waste will be done in accordance with relevant state or local by-laws using suitable personal protective equipment

Project Engineer

Storage

Containers used for storage are not to be opened handled transported or stored in a manner that may rupture the container

All waste will be stored in waste receptacles and removed off site by a licensed contractor on a periodic basis

Dedicated recyclable and hazardous receptacles will be labelled Wastes stored on site will be stored in a manner to prevent the attraction of vermin and native

wildlife Waste is to be stored away from access and egress routes

All

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Appendix 1 - Waste Management Sub Plan Responsibility

The quantity and volume of wastes stored on site may be minimised where reasonably practical to reduce the risk to health safety and the Environment

Project Managers will be responsible for identifying and obtaining any required licenses andor permits to store wastes

Disposal

In deciding how to dispose of waste generated on site consideration will be given to reducing reusing or recycling waste where reasonably practical to minimize the volume sent to landfill Where reuse or recycling is not a feasible option the waste will be sent to a facility capable of accepting the waste

The burning of any type of wastes will not be permitted on any Georgiou site The use of stormwater drains for the disposal of waste is prohibited The disposal of waste will be done in a manner to prevent any damage to the environment

Project Engineer

Transportation

The removal and transportation of hazardous waste controlled waste (eg asbestos hydrocarbons and sewage) for disposal will only be conducted by licensed carriers Licensed operators will be engaged in accordance with the Procurement Procedure

Before a hazardous waste controlled waste is transported off site a waste tracking receipt will be collected from the operator as verification that the waste was correctly transported off site and to identify the proposed location for disposal The receipt will be scanned and filed into the DMS and linked to the Site Waste Register A copy of the receipt will be held for a minimum of 3 years

The transportation of other wastes for disposal will only be conducted if the load is covered or there is no risk of loaddebris falling and the load is disposed of at a registered landfill

Project Manager

Spoil

Although the Project would require the importation of fill material the excess spoil would be generated including from the following sources

Soils ndash This includes any topsoil and natural subsoils (ie soils between the topsoil and underlying bedrock)

Natural rock ndash This material would be generated from excavation of sandstone bed rock if required Road construction material ndash This would include material generated from the demolition of the

existing roads such as asphalt concrete geotechnically stabilised road sub-base and base material

Project Engineer

Spoil Classification

Spoil generated during the Construction of the Project will be firstly assessed for reuse in the project Should it not be suitable for onsite reuse it will be assessed in accordance with the Sydney Metro Classification Procedure (Appendix 1A) It will firstly be assessed against the requirements for Virgin Excavated Natural Material (VENM) detailed within the Protection of the Environment Operations Act 1997(POEO Act)

Project Engineer

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Appendix 1 - Waste Management Sub Plan Responsibility

If the material is not deemed to be VENM an assessment of the suitability of any current general resource recovery exemptions issued under the Protection of the Environment Operations (Waste) Regulation 2014 will be undertaken Current general resource recovery exemptions that may apply to the Project are

The excavated natural material exemption 2014 The excavated public road material exemption 2014 Spoil that cannot be re-used onsite or offsite under any of the exemptions stated above or classified as VENM will require waste classification in accordance with the Waste Classification Guidelines Part 1 Classifying Waste (EPA 2014) prior to offsite disposal at an appropriately licensed facility

The management of spoil generated from the Project will be guided by the hierarchy detailed below

Rank Control Measure Implementation Example Potential to implement on Project

1 Avoid and reduce spoil

generation Reduce the amount of spoil being

generated through design and construction methodology

Limited

2 Prioritise reuse of contaminated

spoil onsite vs clean spoil Identify areas with lower risk of

contamination to spoil offsite as this will result in lower waste disposal costs for project

GSW and Contaminated Spoil is to

be utilised as fill on the project

prior to the use of excavated

sandstoneVENM The project will

produce excess spoil and the

priority is for this excess to be

sandstoneVENM

3 Reuse within Project Prioritise reuse of more contaminated

spoil onsite vs less contaminated spoil Reuse in the Project to fill

embankments and mounds within short haulage distance of source

Restoration of any pre-existing contaminated sites within the Project boundaries

Reuse as a feed product in Construction materials (eg concrete)

Preferred but dependant on area

available

Project Manager Project Engineer Project Engineer

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CEMP Bays Road Relocation Works

Appendix 1 - Waste Management Sub Plan Responsibility

4 Reuse for environmental works Reuse in revegetation and

rehabilitation projects Reuse in operational noise mitigation

works

Preferred as stockpiling on site is

restricted

5 Reuse on other development

projects Reuse for fill embankments and

mounds on projects within an economic transport distance from site

Preferred as stockpiling on site is

restricted

6 Reuse for land restoration Reuse for land reclamation or

remediation works Reuse to fill disused facilities eg

mines and quarries to enable ecological rehabilitation or other ecologically beneficial end use

Preferred as stockpiling on site is

restricted

7 Reuse for landfill management Reuse to cap completed landfill cells Reuse in daily covering of landfill

waste

Limited

8 Dispose offsite as waste Disposal of excess spoil as waste at an

approved facility licensed to receive that material

Potential but not preferred

Hazardous Waste - General

Hazardous wastes will be stored in sealed containers where practical and clearly labelled with waste type

Hazardous waste receptacles will be maintained in good condition to prevent leaks or spills Offensive odours should not be generated at any time when stored Hazardous wastes with a significant risk to human health and safety will be stored in containers that

comply with relevant legislation and guidelines Hazardous wastes will not be permitted to accumulate to a level that presents an unreasonable risk

to human health safety or the environment Controlled waste storage will be suitably contained to ensure debris does not travel beyond the boundary of the premise

Hazardous waste will be stored and segregated in accordance with their SDS Hazardous waste will be risk assessed to ensure they do not contaminate or interact with goods that are incompatible Where there may be a risk of fire hazardous waste will be segregated to prevent storage incompatibilities

Hazardous liquid waste will not be permitted to enter the environment

All

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Appendix 1 - Waste Management Sub Plan Responsibility

Design considerations for secondary containment will be given to the storage of liquid wastes to contain any potential spills Hazardous waste will be stored onin bunded palletsareas which will be compliant with AS1940-2004 443 (the bunded palletarea must have the capacity to contain 110 of the largest container

Hazardous waste such as batteries hydrocarbons sewage and asbestos will only be handled for final disposal recycling by certified waste removing contractors Sewage waste not plumbed directly into the main sewerage system will be contained within holding tanks on site compounds and emptied on a periodic basis or as required by a licenced contractor

Hazardous Waste - Batteries

Automotive and lead-based batteries will be stored in a manner that does not contaminate the natural surrounding environment This may include storage on bunded palletsareas on concrete hard stand or on any other sealed surface

All

Hazardous Waste - Asbestos

The disposal processes for asbestos will involve independent competent persons Identified ACM (Asbestos Contaminated Material) will be clearly marked out and controls put in place

to prevent contamination into surrounding areas

Project Manager

Hazardous Waste - Sanitary Sewage Waste

Sewage waste will either be plumbed directly into the main sewerage system or contained within holding tanks on site compounds and emptied as required

Sewage waste stored in bunded tanks underneath the toilets will be emptied by a licensed contractor on a periodic basis

Sanitary wastes will be stored in solid containers and clearly labelled for identification Sanitary wastes will not be re-handled after disposal to minimise the exposure and risk of double

handling Sanitary conveniences will be calculated based on the number of workers based on the site and meet

legislative requirements Sanitary waste will be stored away from food sources or where food is served Controls to prevent offensive odours to the public and workers will be implemented

Project Engineer

Recyclable Waste

On site paper and cardboard and scrap metal will be segregated to be collected and transported to a recycling facility

Green waste will be mulched and stockpiled with topsoil for use in revegetation Aggregate will be segregated during cut and fill operations for re-use

Project Engineer

Waste Water Any waste water or liquids must be disposed of to an approved receptacle and stored within an approved bunded location until they are removed from site

Project Engineer

Putrescible Waste Putrescibles waste will be stored into general waste containers that prevent the release of debris and leachate

Project Engineer

Clinical Waste In the event that clinical waste has been found the following control may be employed Project Engineer

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Appendix 1 - Waste Management Sub Plan Responsibility

Syringes and needles found on site will be stored in a clearly labelled solid sealed container to prevent access to contents They will be disposed of at a licenced provider

Clinical wastes will not be re-handled after disposal to minimise the exposure and risk of double handling

Concrete

Kibbles Concrete truck are to be washed out into a designated bunded area When the concrete is dried it will be disposed of with general waste

At no point will any Concrete truck or kibble be permitted to wash out at any point other than the designated area with all the associated controls in place

Project Engineer

Weekly (VisualDocumented)

DHI Environment to be completed via Beakon HSE Advisor

Reporting HSEQ Monthly Management Meeting Monitor and record the volumes of waste and the methods and locations of disposal Maintain records of all required waste dockets and receipts and provide to Sydney Metro monthly

Project Manager

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Appendix 1A ndash Sydney Metro Waste Classification Procedure

Unclassified

Unclassified

Waste Classification Procedure

SM-20-00040677

Sydney Metro Integrated Management System (IMS)

Applicable to Sydney Metro

Document Owner Hugh Chapman Associate Director Environment Operations Customer amp Place-Making

System Owner Carolyn Riley Director Environment Sustainability amp Planning

Status Final

Version 30

Date of issue Pending

Review date Pending

copy Sydney Metro 2020

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 2 of 14

SM-20-00040677 Waste Classification Procedure V30

Table of contents

1 Introduction 3

11 Purpose and scope 3

12 Definitions 3

13 Spoil Management Decision Framework 5

14 Spoil Handling and Segregation 5

15 Typical Application of the Framework 6

16 Unexpected Finds Protocol 7

17 Accountabilities 14

2 Related documents and references 14

3 Superseded documents 14

4 Document history 14

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 3 of 14

SM-20-00040677 Waste Classification Procedure V30

1 Introduction

11 Purpose and scope

This framework describes the approach to classifying spoil and demolition materials generated during works in accordance with environmental legislation and guidelines

This framework considers the reuse of materials on site the beneficial reuse of materials transported off site as waste (for example as virgin excavated natural material [VENM]) the recycling of materials at offsite facilities and the offsite disposal of materials when reuserecycling is not achievable

The framework considers only the compliance and classification elements of the spoil management process and does not consider all of the practical issues associated with construction geotechnical properties of the spoil or market forces and costs that influence the reuse potential of spoil or other wastes

Section 16 of this framework outlines an Unexpected Find Protocol (UFP) to be implemented should unexpected potential contamination be found during works

12 Definitions

All terminology in this Procedure is taken to mean the generally accepted or dictionary definition Other terms and jargon specific to this Procedure are defined within the SM-17-00000203 Sydney Metro glossary Acronyms specific to this document are listed below

Definitions

2014 Waste Regulation

Protection of the Environment Operations (Waste) Regulation 2014

CLM Act Contaminated Land Management Act 1997

Contamination

As defined in the CLM Act ldquomeans the presence in on or under the land of a substance at a concentration above the concentration at which the substance is normally presenthellipin the same localityhellipthat presents a risk of harm to human health or any other aspect of the environmentrdquo

Demolition materials

Materials such as concrete bricks and timber resulting from the demolition of buildings and structures Most demolition materials are pre-classified as General Solid Waste (non-putrescible) (see definition below) under the NSW EPA (2014) Waste Classification Guidelines However some demolition materials such as asbestos have other classifications as described below

EIS Environmental Impact Statement for the project which assesses potential environmental impacts and mitigation measures in accordance with the EPampA Act (see below)

ENM Excavated Natural Material as defined in The excavated natural material order 2014

being excavated material that is at least 98 (by weight) natural material that does not meet the definition of VENM (see below)

EPA NSW Environment Protection Authority

EPampA Act Environmental Planning amp Assessment Act 1979

EPL

Environment Protection Licence as may be held by an owner or operator of a premise licensed to receive process recover or store waste The EPL will contain a number of conditions that must be met by the holder These will specify the type(s) of waste the facility is permitted to receive process recover or store and include pollution prevention or monitoring requirements

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 4 of 14

SM-20-00040677 Waste Classification Procedure V30

Definitions

Fill Soil and any associated extraneous materials (such as demolition wastes industrial by-products and refuse) imported to and placed at the location

GSW

General Solid Waste classified in accordance with the NSW EPA (2014) Waste Classification Guidelines GSW may be classified as putrescible or non-putrescible depending on the content of putrescible organic material Spoil and demolition materials are typically non-putrescible

HW

Hazardous Waste classified in accordance with the NSW EPA (2014) Waste Classification Guidelines HW must be treated prior to disposal to landfill HW is typically

spoil that is contaminated with chemicals at concentrations that exceed all screening criteria specified in Step 5 of the Waste Classification Guidelines

Naturally Occurring Soil

Any soil which has not been significantly disturbed by human activities

NEPM National Environmental Protection (Assessment of Site Contamination) Measure 2013

POEO Act Protection of the Environment Operations Act 1997

Recycling Material that is removed from the project site (thereby becoming Waste) and is deposited at an appropriately licenced recycling facility for processing prior to reuse by others

REF Review of Environment Factors which addresses the likely environmental impacts and details protective measures to manage against any adverse effects in accordance with the EPampA Act

Remediation

As defined in the CLM Act remediation of contaminated land includes

(a) preparing a long-term management plan (if any) for the land and

(b) removing dispersing destroying reducing mitigating or containing the contamination of the land and

(c) eliminating or reducing any hazard arising from the contamination of the land (including by preventing the entry of persons or animals on the land)rdquo

Remediation is the act of mitigating exposure to contamination in its original location The process of remediation can generate spoil that may be subject to reuse within the project area (where that reuse is adequately controlled in order to mitigate exposure risks) or the removal of contaminated spoil for treatment andor disposal off site

Reuse offsite

Material to be reused by application to land at a location outside of the project site without the need for processing prior to reuse Material meeting the definition of VENM or ENM or material that is subject to an RRO and RRO are suitable (from an environmental perspective) for reuse at remote sites where all requirements of the POEO Act and CLM Act are met

Reuse onsite

Material that is excavated on the project site and reused on the project site Material to be reused onsite is not defined as Waste and does not require classification in accordance with NSW EPA (2014) Waste Classification Guidelines The material must be suitable for the final land use at the placement location in accordance with EPA guidelines made or approved under the CLM Act and must not cause pollution under the POEO Act If transport to another part of the project area requires material to be taken outside the site boundary temporarily this must be undertaken in accordance with the EIS or following consultation with relevant regulators

RRE Resource Recovery Exemption contains the conditions that must be met by consumers of a waste type to allow its exempt reuse as granted by the EPA under the 2014 Waste Regulation

RRO Resource Recovery Order contains the conditions that must be met by generators and processors of a waste type to allow its exempt reuse as granted by the EPA under the 2014 Waste Regulation

RSW Restricted Solid Waste classified in accordance with the NSW EPA (2014) Waste Classification Guidelines An example of RSW is spoil that is contaminated with chemicals above the criteria specified in Step 5 of the Waste Classification Guidelines

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 5 of 14

SM-20-00040677 Waste Classification Procedure V30

Definitions

Special Waste

As defined in the NSW EPA (2014) Waste Classification Guidelines a class of waste with

unique regulatory requirements Asbestos or any waste containing asbestos (eg spoil containing any fragments of asbestos cement sheeting) is Special Waste If Special Waste is mixed with RSW or HW (eg spoil classified as RSW that also contains asbestos) then the waste must be managed in accordance with both classifications

Spoil Soil or rock material generated from excavation activities

UFP Unexpected Find Protocol

VENM Virgin Excavated Natural Material as defined in Schedule 1 of the POEO Act being excavated natural material not mixed with any other waste and not from a contaminated area

WARR Act Waste Avoidance and Resource Recovery Act 2001

Waste Spoil or demolition material that has been taken off site which may be classified as Special Waste GSW RSW or HW

13 Spoil Management Decision Framework

Figure 1 provides a high-level flowchart for decisions regarding the fate of spoil generated on the site As reflected in Figure 1 the preferred spoil management hierarchy for the project listed from most preferred to least preferred is as follows

1 Spoil is reused within the project boundary

2 Spoil is beneficially reused at an appropriate offsite location

3 Spoil is recycled at an offsite licenced facility

4 Spoil is disposed to landfill

The approach to spoil classification is further detailed in Table 1 Table 1 describes the criteria information inputs and control measures required to be applied when reusing spoil on site reusing spoil offsite recycling spoil offsite or disposing of spoil

The framework does not account for the practical site based engineering or financial constraints associated with the hierarchy These must be addressed during delivery and the most appropriate efficient and sustainable method of spoil management adopted

14 Spoil Handling and Segregation

Careful excavation handling and segregation of spoil is critical to ensuring that materials with varying classifications are not mixed (cross-contaminated) and are not reused recycled or disposed in a manner inconsistent with their classifications

Appropriate segregation is also important in controlling the costs of spoil disposal to landfill noting that the inadvertent mixing of materials with low concentrations of contaminants with materials containing higher concentrations typically results in a higher classification and higher disposal rate (financial) being applied to all of the materials

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 6 of 14

SM-20-00040677 Waste Classification Procedure V30

The following processes are to be applied when excavating handling and segregating all spoil (for clarity a reference to a ldquogeological unitrdquo includes units or different layerstypes of Fill)

Spoil from each geological unit should be classified separately using sampling data that relates only to that unit Classification sampling may be performed in-situ (prior to excavation) or ex-situ (following excavation)

Spoil from each geological unit (as described in Part 4 below) should be excavated segregated and stored separately from spoil arising from other geological units

Excavations should be carefully monitored for visual indications of contamination such as stained soils odorous soils or the presence of anthropogenic waste materials Any spoil containing visual indicators of contamination will be excavated segregated and stored separately from other spoil Where unexpected contamination is identified an appropriate unexpected finds procedure must be implemented to manage potential human health or environmental risk (refer to Part 5)

Each spoil stockpile should be treated as a ldquobatchrdquo with its classification data clearly identifiable and will be handled stored transported and reusedrecycleddisposed as a batch Spoil stockpiles will not be managed in a ldquocontinuousrdquo manner with portions added taken away or mixed over a period of time and

Spoil should be tracked from cradle to grave to ensure a complete and accurate record of movement from the point of excavation to the final point of placement For clarity this includes tracking of spoil movement on the site as well as off the site

Tracking of spoil movement (whether the spoil is waste or not) requires must include written records of spoil excavation handling transport storage and placement via a centralised tracking system Personnel must be suitably trained in the use of the system and sufficient detail must be recorded and retained such that material typesclassifications volumes and location are tracked from the time the material is excavated until it is placed permanently (onsite or offsite) This includes accurate records of any interim handling or placement (such as stockpiling or treatment) Stockpiles onsite are to be clearly labelled at all times Tracking information is to be kept on-site and be available on request

15 Typical Application of the Framework

This section provides some practical guidance in implementing the spoil classification framework (further detailed in the attached Figure 1 and Table 1

An explanation of the likely classification of spoil excavated during works based on typical geological units is provided below

Fill ndash Fill is imported materials which have been placed on the site at some time in the past Fill generally exists at depths ranging up to 3m below ground surface on developed areas and brownfield sites Fill may exist to depths exceeding 20m in reclaimed lands landfill sites former brick pits footings and similar Fill cannot be classified as VENM Fill has an increased likelihood of being contaminated (compared to natural soils) and will predominantly be classifiable for offsite disposal as GSW Special Waste RSW or HW Some materials such as road base or crushed concrete may be recoverable under generic or specific RRERRO arrangements

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 7 of 14

SM-20-00040677 Waste Classification Procedure V30

Naturally Occuring Soils ndash Soil which has not been significantly disturbed by human activities Naturally occurring soils may be residual soil sediments aeolian or other In the majority of cases naturally occurring soils will be classifiable as VENM or ENM for offsite reuse However where overlying contamination in Fill has leached and caused contamination of underlying natural soils where point sources of contamination are present (such as industrial facilities or fuel storage facilities) or where significant groundwater contamination has migrated into the area offsite reuse may not be appropriate and other classifications such as GSW RSW or HW may be applicable Where evidence of potential contamination exists spoil is required to be sampled and classified in accordance with NSW EPA (2014) Waste Classification Guidelines

Rock ndash Rock in-situ will in the majority of scenarios be classifiable as VENM or ENM unless significant contamination is present in overlying soils or significant contamination has migrated to the rock within groundwater Where the excavation of rock involves the use of additives (for example to facilitate tunnel boring) the material would no longer be classifiable as VENM or ENM and would instead likely be classifiable as GSW A project specific RRERRO would then be required to allow for offsite reuse

The type of material (ie geological unit) excavated during works will provide guidance on implementing the spoil classification framework in regard to reuse opportunities

Reuse Onsite ndash Any of the material excavated which is Fill a Natural Occurring Soil or Rock may be suitable for reuse on the project site Wherever reuse onsite is to occur the material does not require classification in accordance with the NSW EPA (2014) Waste Classification Guidelines Instead the material must be validated as being suitable for the final land use at the placement location in accordance with EPA guidelines made or approved under the CLM Act and the material must not cause pollution under the POEO Act For clarity the classifications GSW RSW and HW have no direct relationship to the potential for reuse of materials on the project site

Reuse Offsite ndash With the exception of Fill it is likely that the majority of spoil will be suitable from an environmental perspective for reuse off-site Specifically all VENM ENM and material to which an RRERRO apply will be suitable (from a legislative and environmental perspective) for reuse at an offsite location

16 Unexpected Finds Protocol

This section provides guidance on implementing the Unexpected Finds Protocol (UFP) which is detailed in the attached Figure 2 The purpose of the UFP is to provide a clear procedure in the event of an unexpected find of contamination or potential contamination The UFP is only to be implemented following an unexpected find The handling of known contamination should already be addressed in construction and environmental management plans

Key indicators of potential contamination include (but are not limited to)

Fibrous cement or other asbestos containing materials

Discolouration of soil

Odours from soil andor groundwater

Buried drums or underground storage tanks and

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 8 of 14

SM-20-00040677 Waste Classification Procedure V30

Oily sheen on water

Should any of the above be discovered and is considered to be unexpected then the UFP in Figure 2 will need to be implemented

An explanation of key actions within the UFP is provided below

Notifying the Site Supervisor ndash Site Supervisor or an appropriate delegate are to be made aware of the find immediately

Securing the affected area ndash This includes restricting access to the area and implementing appropriate environmental controls around affected area in minimise risk to the environment and human health Examples of controls include barricading the affected area the diversion of water to minimise potential spread via surface water runoff covering the area re-burying andor wet-down Environmental controls are to be implemented appropriately in regard to the contamination source and site conditions

Emergency Response ndash In the event that the find presents andor creates health or environmental concerns which would require an emergency response call 000 andor implement the projects incident response and reporting process

Notify Principal or Sydney Metro ndash The Principalrsquos Representative and the Environmental Representative must be notified of the unexpected find

Recommence works ndash Works can be recommenced in an alternate area where practicable and where it is safe to do so

Assessment ndash The potential for any ongoing risk to the environment or human health during construction or operation of the site and whether or not the agreed scope appropriately manages the contamination will need to be assessed by a competent and qualified person (ie a contaminated land specialist or in the case of asbestos a hygienist or asbestos assessor)

Material Classification ndash Contaminated materials which are to be removed from the site are to be classified in accordance with the NSW EPA Waste Classification Guidelines and the Spoil Classification Framework detailed in this document See Figure 1 and Table 1

An unexpected find may result in additional works being required for the remediation of contaminated materials which fall outside of the current scope of the project Any such works will need to comply will all relevant legislation and guidelines and will require appropriately qualified persons to prepare the methodology and controls Any such works will require approval from Sydney Metro

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 9 of 14

SM-20-00040677 Waste Classification Procedure V30

Spoil classification process flow

Syd

ne

y M

etr

oN

SW

EP

A W

aste

Gu

ide

line

s C

lassific

ation

ndash P

art

1 (

20

14)

Syd

ne

y M

etr

o

Additional inputs or information requirementsProcess

Is there an opportunity to re-use the spoil

on site

Is there an opportunity to use the spoil at

an offsite locat ion

Can the spoil be recycled

The spoil must be classif ied in accordance with the NSW Environmental Protection Authority (EPA) Waste Classification

Guidelines

1) Is the waste Special Waste ie does the waste contain asbestos Refer to the Protection of the Environment Operations

(POEO) Act and Waste Regulation Part 4 Management of Special Waste

2) Is the waste Liquid Waste

3) Is the waste pre-classified

4) Does the waste have hazardous

characteristics

5) Classify by chemical assessment Waste generators must chemically assess their waste in accordance with Step 5 of the Waste

Classification Guidelines to determine the waste s classification where it has not been classified under Steps 1 to 4 of the Guidelines

Re-use onsite Cost time and engineering requirements to be

considered as well as environmental risks before placement

Re-use offsite To allow offsite use the material mist be classifiable

VENM ENM or be subject to Resource Recovery Exemption and Order

No matter the classification the offsite location must conf irm it can legally

accept the spoil

Recycle offsite The spoil must go to a licenced treatment facility and

must meet the specific requirements of that facilities licence

Liquid waste The waste is not spadable andor becomes free-flowing

at or below 60 degrees Celsius or when it is transported

Pre-classified waste Refer to NSW EPA Waste Classif ication guidelines

for pre-classificat ions of Hazardous Wastes General Solid Waste

Dangerous goods Meets Dangerous Goods Classificat ion for classes 1

2 41 42 43 5 61 and 8

The waste has been classified in accordance with the Waste Guidelines and is ready to be transported offsite Prior to transport

the following must be confirmed and all relevant requirements met

Is the landfill or facility licenced to accept the type of waste

Is the waste subject to waste tracking requirements under the POEO Act or any other regulation

Is the transport contractor licenced to carry the waste as classified

6) Is the waste putrescible

Sampling under Step 5 must meet the requirements of the NSW Waste Classification Guidelines

Sampling can be in-situ (ie prior to excavat ion) or ex-situ (from stockpiles after excavation) but in both

scenarios

Sampling density is to as a minimum meet the sampling densities recommended in the Victorian

EPA soil sampling guidance

httpsrefepavicgovau~mediaPublicationsIWRG702pdf

Analytes must reflect the contaminants of concern likely to be present at the site and as a

minimum consider Asbestos Metals TPH BTEX PAHs and PFAS Other side specific

contaminants may include hexavalent chromium PCBs pesticides etc

If retained onsite the Waste Classif ications Guidelines do not apply BUT the material must be suitable

from a human health and environment perspective to remain This requires assessment against the

NEPM and may include visual inspections or sampling and analysis The input of an appropriately

qualified professional is required prior to the re-use of any fill or potentially contaminated spoil

Once the spoil is removed from the site it becomes Waste All waste must be transported to a facility

that is licenced to accept it VENM ENM andor Resource Recovery ExemptionsOrders impart specific

requirements regarding assessment sampling analysis classificat ion and use of these types of spoil

The requirements regarding sampling and record retention must be adhered to

Once spoil is removed from the site it becomes Waste All Waste must be classified in accordance with

the NSW EPA Waste Classification Guidelines and be transported to a facility licenced to accept it

Note that whether or not the asbestos is present further classif ication is required under Steps 2 to 6 of

the EPA Waste Classification Guidelines

Yes or No

General solid waste restricted waste or hazardous waste

No

Yes

Yes

Yes

Yes or No

Yes

Yes

Yes

No

No

No

No

No

Figure 1 Spoil Classification process flow

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 10 of 14

SM-20-00040677 Waste Classification Procedure V30

Table 1 Spoil Classification process flow

Decision Criteria InputsData ControlsReview

Reuse of the material on or within the approved project area

Most preferred option under WARR Act and Sydney Metro environment and sustainability policy

Suitable placement locations have been identified

The material is suitable for the final land use at the placement location in accordance with EPA guidelines made or approved under the CLM Act and will not cause pollution under the POEO Act

The spoil meets engineering requirements for placement locations

Where spoil or demolition materials require treatment or processing onsite to treat contaminants or to amend engineering properties the need for an EPL must be assessed and resulting conditions met

If transport to another project area is required and such transport requires material to be taken outside the site boundary temporarily this will need to be appropriately address in the projectrsquos environmental approvals (eg EIS or REF)

Appropriate risk-based assessment confirms the material is suitable for proposed final land use from a contamination perspective

Appropriate geotechnical assessment confirms the material is suitable for proposed final land use

EPL if required for onsite processing

Complete material tracking record including documentation of final placement location

Environmental controls to prevent cross-contamination of material prior to placement and pollution during placement

Training of relevant personnel in spoil reuse framework and underlying management plans

Audits of sampling data tracking and placement information and reuse locationssites

Long-term management plan and monitoring andor Environmental Protection Licence under the POEO Act (if required)

Reuse of the material off site

Spoil becomes waste under POEO Act once removed from site

Material meets VENM definition

Suitable off site reuse locations have been identified and sites have the necessary approvals to accept the material

Assessment confirms material is VENM Sampling may be required depending on nature of material and source

Receival site provides confirmation that waste can be accepted

Approval under EPampA Act or EPL

Section 143 certificate

Material tracking record from the Metro site to the receival site

Environmental controls to prevent pollution during transport

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 11 of 14

SM-20-00040677 Waste Classification Procedure V30

Decision Criteria InputsData ControlsReview

Material meets ENM definition

Suitable off site reuse locations have been identified and sites have the necessary approvals to accept the material

Sampling conducted in accordance with ENM RRO prior to transport off site and results meet criteria

Statement of RRO compliance provided to each receival site

Receival site provides confirmation that waste can be accepted

Approval under EPampA Act or EPL

Section 143 certificate

Meets RRE conditions

Material tracking record from the Metro site to the receival site

Environmental controls to prevent pollution during transport

RRO records maintained for six years including details of sampling plan sampling results quantities supplied and receival sites

Material does not meet VENM or ENM definitions but has potential for reuse under a specific RRORRE An example is tunnel spoil containing additives

Suitable off site reuse locations have been identified and sites have the necessary approvals to accept the material

Consult with the EPA prepare and submit application for specific RRORRE Characterisation data will be required for the application

Once specific RRORRE is granted obtain sampling data (and meet any other specific obligations) in accordance with conditions and confirm results meet criteria prior to transport off site

Statement of compliance provided to each receival site

Receival site provides confirmation that waste can be accepted

Approval under EPampA Act or EPL

Section 143 certificate

Meets RRE conditions

As for reuse on site plus

Statement of compliance provided to each receival site

RRO records maintained for six years

Recycling off site

Material (spoil and demolition materials) becomes waste under POEO Act once removed from site

Material meets the EPL andor planning approval requirements for the receival facility and has value for recycling

Suitable receival facilities have been identified and sites have the necessary approvals to accept the material

Assessmentsampling confirms the material meets the receival facility EPL conditions (typically GSW)

Appropriate EPL held by receival facility

Receival facility has confirmed waste can be accepted

As for reuse on site plus

Waste tracking documentation depending on waste type

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 12 of 14

SM-20-00040677 Waste Classification Procedure V30

Decision Criteria InputsData ControlsReview

Disposal off site

Material does not fit one of the above categories andor suitable reuse or recycling locations could not be identified

Least preferred option

Waste is classified as GSW RSW or Special Waste

Suitable receival facilities have been identified and sites have the necessary approvals to accept the material

Pre-classification or sampling results to classify material in accordance with NSW EPA (2014) Waste Classification Guidelines

Appropriate EPL held by receival facilities

Receival facility has confirmed waste can be accepted

As for reuse on site plus

Waste tracking documentation depending on waste type

Waste is classified as HW

Suitable treatment facilities have been identified and sites have the necessary approvals to accept the material

Pre-classification or sampling results to classify material in accordance with NSW EPA (2014) Waste Classification Guidelines

Appropriate EPL held by treatment facilities

Treatment facility has confirmed waste can be accepted

As for reuse on site plus

Waste tracking treatment and disposal documentation

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 13 of 14

SM-20-00040677 Waste Classification Procedure V30

Unexpected find process flow

Flo

w

Process Additional information

Unexpected potential

contamination find1 Immediate ly stop works

2 Notify the Site supervisor 3 Secure the affected area

Is an emergency

response required for any

health or environment

concerns

4b Notify Principal s Rep and

Environmenta l Rep

4a Trigger pro ject incident response and

reporting mechanism andor call 000

5b Inform the

Principal s Rep

Does the

contamination

present and ongoing risk to

environment or human

health dur ing

construction or

operation

Will the

agreed scope result in the

complete removal of the

contamination

Does the

disposal of the unexpected

find result in addi tional costs

to the Principa l

5a Materials to be classified in

accordance with the NSW EPA Waste

Classification Guidel ines (2014) (see

Figure 1 Spoil classification flow)

6a Inform the

Principal s Rep

6b Dispose of the material in

accordance with all relevant legislation

the project Spoil Classification amp

Management Framework and any

relevant directions from Sydney Metro

6c Develop

appropriate

methodology

plans to

manage the

contamination

and implement

Indicators of potentia l

contamination include

Fibre cement or other asbestos

containing materials

Discolouration of the so il

including staining andor

discolouration

Odours from soil or

groundwaterseepage

Bur ied drums and storage tanks

Oily sheen on water

Note this does not include on-

site contamination

Securing of the area should restrict

access to the affected area This

should include as a min imum

environmenta l controls around the

affected area to contain

contaminated material including

diversion of water to minimise

potential spread via surface water

runoff

Where contaminants are likely to

result in odours vapours or

airborne asbestos fibres immediate

action should be taken to prevent

their release (eg cover re-bury or

wet-down

Recommence works in alternate

area where practicable and safe

Assessment to be conducted by

suitably qualified and experienced

person

Methodology controls and p lans

are to be prepared by a sui tab ly

qualified and experienced person

and approved by Sydney Metro

prior to being actioned

Works may continue in the affected

area when it is safe and where

works will not exacerbate

contamination or hinder future

remediation works

Note Remediation of contaminated

materials may include (but not be

limited to) capping of

contaminating treatment andor off-

site disposal All associated

activities with the remediation of

contaminated materials such as

excavation handling stockpiling

and transport are to be addressed

an prepared methodology and

controls

Yes

No

Yes or unsure

No

No or unsure

Yes

Yes

No

Figure 2 Unexpected find process flow

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 14 of 14

SM-20-00040677 Waste Classification Procedure V30

17 Accountabilities

The Director Program Sustainability Environment amp Planning is accountable for this document including approving the document monitoring its effectiveness and performing a formal document review

Direct Reports to the Chief Executive are accountable for ensuring the requirements of this document are implemented within their area of responsibility

Direct Reports to the Chief Executive who are accountable for specific projectsprograms are accountable for ensuring associated contractors comply with the requirements of this document

2 Related documents and references

3 Superseded documents

4 Document history

Related documents and references

Entries should be formatted with IMSiCentral number followed by correct title and hyperlinked eg

SM-17-00000203 Sydney Metro glossary

Superseded Documents

There are no documents superseded as a result of this document

Version Date of approval Notes

02 Pending New IMS document

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 43 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 2- Soil and Water Management Sub Plan Responsibility

Objectives amp Targets

Refer to the Site Objectives amp Targets (section 57 of this CEMP) Minimise pollution of surface water through appropriate erosion and sediment control Minimise leaks and spills from construction activities Maintain existing water quality of surrounding surface watercourses Source construction water from non-potable sources where feasible and reasonable

Project Manager

Performance Criteria

100 Compliance with Client amp legal requirements 100 achievement with Site Objectives amp Targets 100 achievement of relevant Sydney Metro CEMF objectives

Project Manager

Mitigation Measures

General Erosion and sediment measures would be implemented in accordance with the principles and

requirements in Managing Urban Stormwater ndash Soils and Construction Volume 1 (Landcom 2004) and Volume 2D (NSW Department of Environment Climate Change and Water 2008)

Project Manager

Training and Competency

As part of the Site Induction workers will be informed of any significant water aspects and Site specific controls to minimise potential impacts

Emergency Management Team members will be provided training to respond to a discharge of contaminated water or hazardous substances into the environment

Project Manager

Notification The Site will not modify or remove any water utility assets without their approval Notification

of approval will be received by Sydney Water with a copy of authorisation Notification to the asset owner will be given as per their conditions of compliance

Project Engineer

ESCP

ESCPrsquos will be developed by construction staff with demonstrated skills and experience in preparing the ESCP in accordance with the Blue Book Guidelines ESCPrsquos plans will include but not be limited to

Title date and revision number Contours and clean and dirty water drainage paths Site layout including the location of access roads ancillary infrastructure Sediment basins and designated pump out locations Limit of disturbance Location and type of control measures Timing and order of control installation in sequence with work activities Specific construction details

Environmental Site Representative

Erosion and sediment control

The following key principals will apply to all areas and stages of construction on the Project

Minimise extent and duration of disturbance Control stormwater flows onto through and from the site

Project Engineer Supervisor

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 44 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 2- Soil and Water Management Sub Plan Responsibility

Erosion control strategies to prevent on-site damage Sediment control strategies to prevent off-site damage Progressive stabilisation following completion of work areas Inspection Maintenance and Improvement of control measures throughout the site construction

until the site is successfully stabilised

Dewatering

Sediment laden water accumulated in trenches or excavations must not be discharged directly or indirectly to any stormwater natural watercourse or offsite

A suitable location to discharge will be identified considering site slope proximity to drainage lines soil permeability and ground cover ie well established existing vegetation

The water must be tested prior to any discharge by the Environmental Site Representative and may require treatment prior to discharge

Project Engineer Environmental Site Representative

Groundwater

Groundwater is unlikely to be intercepted during any excavation within the road footprint Deeper excavations for stormwater trenching may intercept groundwater however a method of pipe installation during low tide will removed the need for dewatering

If groundwater dewatering is required then a dewatering management plan should be developed

PlantVehicle Maintenance

The maintenance and cleaning of any vehicles plant or equipment must not be carried out in areas from which contaminants can be released into stormwater or natural watercourses

All

Acid Sulfate Soils

Prior to excavation for the Stormwater trench which will occur approximately 25m bgs testing would be carried out to determine the presence of actual andor potential acid sulfate soils

Testing for the presence of ASS shall be undertaken at proposed excavation locations and shall apply the following methodology Dig holes to the proposed depth of excavation conduct ASS pH field tests on material from the hole at 05m depth intervals and then conduct a SPOCAS plus or chromium suites on the most acidic ASS pH field test sample from the hole The testing and sampling to be undertaken in accordance with ASSMAC Laboratory method Guideline Aug 1998

If actual andor potential acid sulfate soils are present within the proposed area of excavation then an Acid Sulfate Management Plan will be developed in accordance with the Acid Sulfate Soil Manual (Acid Sulfate Soil Management Advisory Committee 1998)

Project Engineer Environmental Site Representative

Water Discharge requirements

An Environmental Protection Licence (EPL) is not required for the project however Georgiou will test any water to be discharged offsite in accordance with the water quality parameters specified in the Blue Book (Landcom 2004) and ANZECCARMCANZ (2000) guidelines prior to discharge to ensure an incident of pollution to surrounding environment does not occur from the Project

Environmental Site Representative

Monitoring of Discharges

Waters released from site must be sampled prior to release The samples taken must be representative of the water being discharged

Project Engineer HSE Advisor

GC-HSE-PLA-437 Uncontrolled when saved or printed

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Appendix 2- Soil and Water Management Sub Plan Responsibility

Environmental Inspections amp Monitoring

The results of monitoring shall be recorded Environmental Site Representative

Daily (Visual) and weekly (documented)

Daily visual observation for evidence of water quality impacts including turbidity or hydrocarbon spills

Weekly inspections using Georgiou Beakon inspection form

Supervisor HSE Advisor

Reporting HSEQ Monthly Management Meeting Monthly Environmental Performance Report Dewatering records including all water quality test results

Project Manager

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Appendix 3- Hydrocarbon and Chemical Management Sub Plan Responsibility

Objectives and Targets

Refer to the Site Objectives amp Targets (section 57 of this CEMP) Minimise leaks and spills from construction activities All chemicals correctly stored and bunded in accordance with legislative requirements Any spills are controlled contained cleaned up and reported

Project Manager

Performance Criteria

100 Compliance with Client amp legal requirements 100 achievement with Site Objectives amp targets 100 achievement of relevant Sydney Metro CEMF objectives

Project Manager

Mitigation Measures

General All fuels chemicals and hazardous liquids would be stored in accordance with Australian

standards and EPA Guidelines Any refuelling carried out on-site would be carried out in designated areas only and spill kits would be available as part of any worksite

Project Manager

Training and Competency

As part of the Site Induction workers will be informed of the Site specific controls required to

manage hydrocarbon and chemical storage and use including

- Use and understanding of safety data sheets (SDS) - Use of personal protective equipment (PPE)

Emergency Management Team members will be provided training to respond to a hazardous substance spill

Project Manager

Register

All dangerous goods or hazardous substances must be approved by HSE Advisor prior to use on the site

ChemAlert will be used to register all site dangerous goods and hazardous substances manage electronic SDS and conduct and record product risk assessments

Consideration will be given to substitute products assessed as a high risk with a product of lesser risk

Project ManagerSupervisor

Transportation Containers holding hazardous substances or dangerous goods will be stored upright and secured

during transport Containers are not to be dropped tip or rolled sides The transportation of dangerous goods will be by licenced carriers

Project Engineer

Handling amp Use

Handling of products will be subject to the following requirements Hazardous substances and dangerous goods will be clearly labelled Current SDS (no older than 5 years) will be readily available when handling Controls stipulated in the SDS to be applied when handling and using Used oily rags oil filters and other left over hydrocarbon and chemical products hall be stored in

a designated area and removed by licensed carriers to either recycle or otherwise dispose of

All

Refuelling Refuelling of plant and vehicles must be monitored continually and conducted in designated areas

away from sensitive receptors

All in field refuelling must have a spill kits available to contain and clean up any spills

All

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Appendix 3- Hydrocarbon and Chemical Management Sub Plan Responsibility

Spill kits shall be stored in designated amp labelled containers and include a stock control register

All refuelling areas must be signed to prevent smoking or naked flame

Vehicles must be switched off when refuelling and the use of mobile phones prohibited

Fixed refuelling areas must have a plastic lined refuelling area

Fuel storage containers must be of a double bund construction

Site layout

Georgiou will develop a site plan (ie a diagram) showing the location of storage areas spill kit locations muster points firefighting equipment and 1st aid equipment including eye washflush locations

This site plan must be current and displayed at the work site at all times throughout construction

In the event of an emergency that involves the need for emergency services this site plan along with a product manifest must be provided to the emergency services

Project Manager

Storage of Hazardous Materials

Any Dangerous Goods andor Hazardous Substance must be stored in designated areas compliant

with statutory and industry codes of practice

Quantities of hazardous materials should be kept to a minimum commensurate with their usage

and shelf life

Safety Data Sheets of stored hazardous materials will be readily accessible at the place of

storagesite office

Permanent and temporary containers that hold hazardous materials must be labelled with the

appropriate signage

The volume and types of hazardous materials stored must be known current and documented and

must not exceed the design capacity of the storage area

Storage and containment areas (including secondary containment) must be inspected for signs of

loss or damage and any deficiencies must be addressed These areas must be inspected at least

monthly as part of the workplace inspection

Hazardous materials no longer in use must be identified and assessed to determine if they should

be removed from site

Hazardous materials storage areas must be kept clear of combustible material vegetation and refuse by a minimum of three metres

All

SpillEmergency Response

In the event of a spill the following generic procedure must be followed

1 Do not put yourself at risk 2 Notify personnel in the immediate area and remove yourself and others from danger 3 Report ALL SPILLS immediately to the Supervisor and Environmental Site Representative

(report location type and extent of incident)

All

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Appendix 3- Hydrocarbon and Chemical Management Sub Plan Responsibility

Once safety has been considered spills should be contained and cleaned up with material from the spill kit All contaminated soil caused by leaks or spills to be disposed of in accordance with legal requirements Any uncontrolled release of hazardous substances which cause actual or threatens potential serious or material environmental harm will be reported to the EPA pollution hotline

Workplace Inspections

Hazardous Materials storage and use will be inspected monthly as part of workplace inspections amp within the DHI Environmental Inspections checklist

Supervisors

Concrete

Designated concrete washout should be constructed and designated to be impermeable and securely fastened

Placed away from waterways drainage lines and stormwater inlets Sufficient storage to handle concrete works occurring onsite When the concrete is dried it will be disposed of with general waste mixed into fill layers (if

approved by client) or recycled At no point will any Concrete truck or kibble be permitted to wash out at any point other than the

designated area with all the associated controls in place (unless approved by the environmental site representative)

Excess concrete should be scraped off equipment prior to washing (allow excess to set and recycle offsite or reuse in fill if itrsquos not contaminated with black plastic)

Set concrete should be removed from the washout to restore storage capacity and prevent overflows

Use of a high pressure low volume water spray nozzle may reduce water use All wastewater must be disposed of in accordance with the project CEMP dewatering conditions

Maintenance of the washout Monitoring and maintenance of concrete washouts is essential to ensure the washout is functional no evidence of damage or wear and tear is evident and that adequate storage capacity remains In addition to daily inspections washout areas should be inspected

During dry weather and

Prior to during and after rainfall and storm events

SupervisorEnvironmental Site Representative

Environmental Inspections amp Monitoring

Daily (Visual) and weekly (documented)

General observation for evidence of spills or poor storage practice with potential to lead environmental incident

Hazardous goods storage area inspection for adequacy of bunding and product loss Weekly inspections using Georgiou Beakon inspection form

All staff

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Appendix 3- Hydrocarbon and Chemical Management Sub Plan Responsibility

Reporting HSEQ Monthly Management Meeting Monthly Environmental Performance Report

Project Manager

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Appendix 4 - Flora amp Fauna Management Sub Plan Responsibility

Objectives

and Targets

Refer to the Site Objectives amp Targets (section 57 of this CEMP) Minimise impacts on flora and fauna Retain and enhance existing flora and fauna habitat wherever possible Appropriately manage the spread of weeds and plant pathogens

Project Manager

Performance

Criteria

100 compliance with Client amp legal requirements

100 achievement with Site Objectives amp Targets

100 achievement of relevant Sydney Metro CEMF objectives

Project Manager

Mitigation

Measures

General Vehicles equipment plant materials and personnel are to remain within the designated construction

area at all times and not breach established environmentally sensitive exclusion zones All

Training and

Competency

As part of the Site Induction workers will be informed of the Site specific controls required to minimise potential impacts and protect flora and fauna including - the requirement to work within the designated disturbance zones - requirement to recognise protected flora or fauna species identified to be found on the site - tree protection zones - Specific licence conditions applicable to the Site

Project Manager

Fauna habitat

Prior to clearing pre-clearance surveys are to occur to identify individual trees to be retained and any hollow bearing trees and logs

Where possible clearance should avoid hollow bearing trees Where unavoidable hollow bearing trees should be flagged and left standing at least 24 hours

after clearing all other vegetation Excavator operator to lsquotaprsquo tree prior to felling hollow bearing trees to allow for fauna to escape Ecologist (or similar) to be present onside during clearing of hollow bearing trees to handle any

displaced fauna In the event of injury to fauna WIRES or similar to be contacted and suitable arrangements made

NOTE Handling of any active animal breeding place is only permitted to be conducted by an authorised fauna handler operating under a current permit granted in accordance with legislative requirements

All

Authorisation amp Compliance

Georgiou will not clear vegetation without written permission from the Client local Shire or relevant Regulatory Authority All clearing works under a permit approval or licence will be compliant with the conditions of permit approvals or licence and within the predetermined area

In the event of any unauthorised clearing works will cease immediately and the Project Manager client will be notified Unauthorised clearing of areas will be investigated immediately

Project Engineer

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Appendix 4 - Flora amp Fauna Management Sub Plan Responsibility

Marking

The Project Engineer will ensure the area to be cleared is clearly marked (eg pegging) and areas of vegetation or trees nominated to be excluded from the clearing works are to be visually identifiable to all personnel involved in the works

The method of marking is to be communicated to all persons involved in the clearing process All control measures are to be communicated to personnel involved in the tasks

All

Flora

Flora that is to be protected will be clearly marked using a method that will not harm or damage A Tree protection Zone (TPZ) is to be established for any trees on a construction site that are to

be protected This is to be fenced off or barricaded to ensure construction activities do not cause damage to the root plate of the tree

Native vegetation should be protected where reasonably possible Large areas that are to be protected from Site works will be demarcated to prevent intrusion and disturbance This requirement is to be communicated to personnel involved within the site area

When the pruning of trees is to be undertaken that are to be protected it will be done by suitably qualified personnel only Where branches are trimmed an assessment of the trees ability to survive should be conducted by a suitably qualified person and adequate area around the tree in accordance with AS49702009 Protection of trees of development sites

Trees should be felled into the construction site or in slots between stands of trees where practical to minimise damage to other trees during the clearing process Machinery contact with standing trees on vegetated margins is to be avoided

The clearing of vegetation outside the construction area will not be permitted except in the event of an emergency or as directed by emergency services

All

Fauna

If fauna are confirmed to be present onsite during clearing clearing works should proceed with care to enable the fauna to relocate freely Clearing is to be conducted in a sequential manner and in a way that encourages escaping wildlife away from the activity into adjacent natural areas and not across roads or into other areas of threat (eg trench)

All

Trenches

All open excavations and trenches will be visually inspected on a daily basis for trapped fauna Surveillance must occur along the entire length of the trench or excavated area and not merely those areas described as fauna habitats or sensitive areas Open trenches are to be checked for fauna immediately prior to backfill and any trapped animals removed by authorised fauna handlers

All

Fauna Handling

Fauna will not be intentionally harmed or maimed under State wildlife protection legislation This includes aquatic and terrestrial fauna (land and air animals)

Workers are not authorised handleto be in possession of native fauna The trapping and handling of fauna in particular dangerous species will only be undertaken by a competent qualified fauna handler

All

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Appendix 4 - Flora amp Fauna Management Sub Plan Responsibility

Fire Management

Georgiou will not set fire to bush or use spark generating machinery (eg graders) during a prohibited or restricted burning time

If safe to do so Georgiou will extinguish any bush fire within the site boundary and request help from authorities if necessary Fire breaks will be established as requested by authorities

Project Manager

Environmental

Inspections amp

Monitoring

Daily (Visual) and weekly

(documented)

General observation for clearing boundary demarcation Weekly inspections using Georgiou Beakon inspection form

All staff

Reporting HSEQ Monthly Management Meeting Monthly Environmental Performance Report

Project Manager

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Appendix 5 - Cultural Heritage Management Sub Plan Responsibility

Objectives amp Targets

Refer to the Site Objectives amp Targets (section 57 of this CEMP) Minimise impacts on items or places of heritage value Avoid accidental impacts on heritage items Maximise workerrsquos awareness of indigenous and non-indigenous heritage

Project Manager

Performance Criteria

100 Compliance with Client amp legal requirements 100 achievement with Site Objectives amp targets 100 achievement of relevant Sydney Metro CEMF objectives

Project Manager

Mitigation Measures

General Maintain the integrity of the cultural (European amp Indigenous) aspects of the Site

Project Manager

Training and Competency

As part of the Site Induction workers will be informed of any identified cultural or heritage aspects on the Site and any specific controls to be adhered including - Management practices when working near protected areas - Respecting Heritage Sites - Reporting requirements

Georgiou personnel will participate in the Companyrsquos cross cultural awareness training for employees

Project Manager

Heritage Sites There are s170 heritage listed Glebe Island silos (Port Authority of NSW s170 4560056) that are approximately 5m from the edge of works

Project Engineer

Method statement

In accordance with the REF an Archaeological Work Method Statement would be prepared and implemented where excavation is required The Archaeological Work Method Statement would outline the requirements of archaeological monitoring and recording where archaeological remains of potential local significance may be impacted

Sydney Metro

Unexpected heritage finds

In the event that an artefact or remains are found the Sydney Metro Unexpected Heritage Finds procedure (Appendix 5A) will be followed this includes - The works in that area will cease immediately - The Project Manager and Sydney Metro must be notified - The site must be made secure a buffer zone of ten meters is recommended - Sydney Metro to provide management recommendations

Georgiou will notify all site personnel of the object andor area and proposed treatment of that object andor area as soon as possible but prior to commencing work on the next working day

Works will not continue until written approval has been received from the client

All

discovery of human remains

In the event that human remains are found the Sydney Metro Exhumation Management procedure will be followed (Appendix 5B)

All

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Environmental Inspections amp Monitoring

Building condition inspections Building condition inspections will be undertaken in accordance with REF condition NV3 Sydney Metro

Vibration Monitoring

Continuous vibration monitoring will occur during any vibratory works in close proximity to the Glebe Island silos in accordance with the Sydney Metro Construction Noise and Vibration Standard

Environmental Site Representative

Daily (Visual) and weekly (documented)

General observation for that protection measures and methods are being applied Weekly inspections using Georgiou Beakon inspection form

All staff

Reporting HSEQ Monthly Management Meeting Monthly Environmental Performance Report

Project Manager

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Appendix 5A ndash Sydney Metro Unexpected Heritage Finds Procedure

Sydney Metro Unexpected

Heritage Finds Procedure [SM-18-00105232]

Sydney Metro Integrated Management System (IMS)

Applicable to Sydney Metro

Document Owner Senior Heritage Advisor

System Owner Environment Sustainability and Planning

Status Final

Version 33

Date of issue June 2020

Review date June 2021

copy Sydney Metro 2018

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Unclassified

Sydney Metro Unexpected Finds Procedure V20

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Document history

Version Date of approval Notes

11 Incorporates ER comments 210617

12 Amends p13 step 8 reference to s146 added

13 Incorporates Planning Mods 1-4 including amended CoA E20

14 Incorporates ER comments 210318

20 Removes SSI 15-7400 COA reference

30 Revises definition

31 Revises flow chart

32 Revises roles and responsibilities

33 General edits and corrections

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Unclassified

Sydney Metro Unexpected Finds Procedure V20

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Table of contents

1 Purpose 3

11 Legislation that does not apply 3

2 Scope 4

3 Definitions 4

4 Types of unexpected heritage items and corresponding statutory protections 5

41 Aboriginal objects 5

42 Historic heritage items 6

43 Human skeletal remains 7

5 Legislative Requirements 7

6 Unexpected heritage finds protocol 9

7 Responsibilities 15

8 Seeking Advice 16

9 Related documents and references 16

10 List of appendices 16

11 Document history 17

Appendix 1 Examples of finds encountered during construction works 18

Appendix 2 - Unexpected heritage item recording form 24

Appendix 3 - Photographing unexpected heritage items 26

Appendix 4 - Uncovering bones 29

Appendix 5 - Archaeologicalheritage advice checklist 33

Appendix 6 - Template notification letter 34

Tables

Table 1 Legislation and guidelines for management of unexpected heritage finds 8 Table 2 Specific tasks to be implemented following the discovery of an unexpected heritage item 10 Table 3 Roles and Responsibilities 15

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1 Purpose

This procedure is applicable to the Sydney Metro program of works including major projects delivered under Critical State Significant Infrastructure (CSSI) Planning Approvals early CSSI minor and enabling works and works that are subject to the NSW Heritage Act (1977) including s57139 and s60140 exemptions and permit approvals and the National Parks and Wildlife (NPW) Act 1974

This procedure has been prepared for Sydney Metro programs to provide a method for managing unexpected heritage items (both Aboriginal and non-Aboriginal) that are discovered during preconstruction (pre-Construction Heritage Management Plan approval) construction phases (post Construction Heritage Management Plan approval) and for works subject to the NSW Heritage Act (1977)

In NSW there are strict laws to protect and manage heritage objects and relics As a result appropriate heritage management measures need to be implemented to minimise impacts on heritage values ensure compliance with relevant heritage notification and other obligations and to minimise the risk of penalties to individuals Sydney Metro and its contractors This procedure includes Sydney Metrorsquos heritage notification obligations under the Heritage Act NPW Act and the Coronerrsquos Act 2009 and the requirements of the conditions of approval(CoA) issued by NSW Department of Planning Industry and Environment Note that a Contractor must not amend the Sydney Metro Unexpected Finds Procedure or use a different procedure without the prior approval of Sydney Metro

This procedure must be read in conjunction with the relevant CCSI conditions of approval (if applicable) the contract documents and other plans and procedures including the Sydney Metro Exhumation Procedure in addition to any other relevant documents as developed by the contractor during the delivery of the Sydney Metro works

2 Definitions and Abbreviations

An unexpected heritage find is

any unanticipated discovery of an actual or potential heritage item which Sydney Metro does not have approval to disturb andor does not have an existing management process in place

a find that has not been previously identified or assessed

a find that is not referenced in an Archaeological Research Design (ARD) Archaeological Method Statement (AMS) or other project document relating to heritage and archaeology

not covered by an existing approval under the Heritage Act 1977 (Heritage Act) or National Parks and Wildlife Act 1974 (NPW Act)

Note that locally significant areas of historical archaeological potential identified in an Archaeological Method Statement but not identified in an Archaeological Research Design would be managed as an ldquoexpectedrdquo find

Unclassified

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(Uncontrolled when printed)

Unclassified

Sydney Metro Unexpected Finds Procedure V20

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All terminology in this procedure is taken to mean the generally accepted or dictionary definition with the exception of the following terms which have a specifically defined meaning

Definitions

AHIP Aboriginal Heritage Impact Permit

Aboriginal object An Aboriginal object is any deposit object or material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of the area being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction and includes Aboriginal remains An Aboriginal object may include a shell midden stone tools bones rock art Aboriginal-built fences and stockyards scarred trees and the remains of fringe camps

ARD Archaeological Research Design

AMS Archaeological Method Statement

CEMP Construction Environmental Management Plan

CoA Conditions of Approval

CSSD Critical State Significant Development

CSSI Critical State Significant Infrastructure

EPampA Act NSW Environmental Planning and Assessment Act 1979

Disturbance Disturbance is considered to be any physical interference to an item that results in it

being destroyed defaced damaged harmed impacted or altered in any way (this

includes archaeological investigation activities)

Excavation Director

A person that has been determined by the NSW Heritage Division to meet the Heritage Council of NSWrsquos Criteria for Assessment of Excavation Directors (4 September 2019 and as updated) and can therefore competently archaeologically investigate a site of either local andor state significance

Heritage Act NSW Heritage Act 1977

NPW Act NSW National Parks and Wildlife Act 1974

Heritage NSW Formerly Office of Environment and Heritage (OEH) Now Heritage NSW as part of PNSW Premier and Cabinet

SM Sydney Metro

Relic (non- Aboriginal heritage)

A relic means any deposit artefact object or material evidence that

a) relates to the settlement of the area that comprises NSW not being Aboriginal settlement and

b) is of State or local significance

A relic may include items such as bottles utensils remnants of clothing crockery

personal effects tools machinery and domestic or industrial refuse

TfNSW Transport for New South Wales

Work (non- Aboriginal heritage)

Archaeological features such as historic utilities or buried infrastructure that provide evidence of prior occupations such as former rail or tram tracks timber sleepers kerbing historic road pavement fences culverts historic pavement buried retaining walls cisterns conduits sheds or building foundations but are also subject to assessment by the Excavation Director to determine its classification

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Unclassified

Sydney Metro Unexpected Finds Procedure V20

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21 Legislation that does not apply

The following authorisations are not required for Sydney Metro approved Critical State Significant Infrastructure (and accordingly the provisions of any Act that prohibits an activity without such an authority do not apply)

Division 8 of Part 6 of the Heritage Act 1977 does not apply to prevent or interfere with the carrying out of approved State significant infrastructure

An approval under Part 4 or an excavation permit under section 139 of the Heritage Act 1977 and

An Aboriginal heritage impact permit under section 90 of the National Parks and Wildlife Act 1974

This document provides relevant background information in Section 4 followed by the technical procedure in Sections 6 and 7 Associated guidance referred to in the procedure can be found in Appendices 1-6

3 Scope

Even with early investigations unexpected finds may still occur during works on a Sydney Metro site When this happens this procedure must be followed This procedure provides direction on when to stop work where to seek technical advice how to notify the regulator if required and when works can recommence This procedure applies to the discovery of any unexpected heritage item relic or object where the find is not anticipated in an approved ARD or AMS or other project specific document related to archaeology

This procedure must be followed by all Sydney Metro staff contractors subcontractors or any person undertaking works for Sydney Metro It includes references to some of the relevant legislative and regulatory requirements but is not intended to replace them This procedure does not apply to

the discovery and disturbance of heritage items as a result of investigations being undertaken in accordance with the Code of Practice for Archaeological Investigations of Aboriginal Objects in NSW4376 20101 an Aboriginal Heritage Impact Permit (AHIP) issued under the NPW Act or a permit approval issued under the Heritage Act

the discovery and disturbance of heritage items as a result of construction related activities where the disturbance is permissible in accordance with an AHIP or an approval issued under the Heritage Act or CSSI CSSD planning approval or

locally significant non-Aboriginal archaeology identified in an AMS and not in an ARD

1 An act carried out in accordance with the Code of Practice for Archaeological Investigation of Aboriginal Objects

in NSW as published by the Department in the Gazette on 24 September 2010 is excluded from the definition of harm an object or place in section 5 (1) of the NPW Act

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Unclassified

Sydney Metro Unexpected Finds Procedure V20

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4 Types of unexpected heritage finds and corresponding statutory protections

Project field and environmental personnel (including construction contractors) are critical to the early identification and protection of unexpected finds

Appendix 1 illustrates the wide range of heritage items uncovered to date during Sydney Metro projects and gives an indicative guide to what unexpected finds may look like

These discoveries are categorised as either

(a) Aboriginal objects

(b) Historic (non-Aboriginal) heritage items or

(c) Human skeletal remains

The relevant legislation that applies to each of these categories is described below

41 Aboriginal objects

The NPW Act protects Aboriginal objects which are defined as

ldquoany deposit object or material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of the area that comprises New South Wales being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction and includes Aboriginal remainsrdquo2

Examples of Aboriginal objects include stone tool artefacts shell middens axe grinding grooves pigment or engraved rock art burials and scarred trees

42 Historic heritage items

Historic (non-Aboriginal) heritage items may include

Archaeological lsquorelicsrsquo or

Other historic items (ie works structures buildings or movable objects)

2 Section 5(1) NPW Act 3 This is required under section 89(A) of the NPW Act and applies to all Sydney Metro projects

IMPORTANT

All Aboriginal objects regardless of significance are protected under law

If any impact is expected to an Aboriginal object an AHIP is usually required from Heritage NSW When a person becomes aware of an Aboriginal object they must notify the Director-

General of Heritage NSW about its location3 Assistance on how to do this is provided in Section 7 (Step 5)

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Unclassified

Sydney Metro Unexpected Finds Procedure V20

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421 Archaeological relics

The Heritage Act protects relics which are defined as ldquoany deposit artefact object or material evidence that relates to the settlement of the area that comprises NSW not being Aboriginal settlement and is of State or local heritage significancerdquo4

Relics are archaeological items of local or state significance which may relate to past domestic industrial or agricultural activities in NSW and can include bottles remnants of clothing pottery building materials and general refuse

422 Other historic items

Some historic heritage items are not considered to be lsquorelicsrsquo but are instead referred to as works buildings structures or movable objects Examples of these items that may be encountered include culverts historic pavements retaining walls tramlines rail tracks turn tables timber sleepers cisterns fences sheds buildings and conduits Although an approval under the Heritage Act may not be required to disturb these items their discovery must be managed in accordance with this procedure

Usually archaeological relics are uncovered via a process of excavation or soil removal When an unexpected find is uncovered an archaeological excavation permit under section 140 or section 60 of the Heritage Act may be required to further investigate or remove it if investigation is not covered by an existing approval In contrast lsquoother historic itemsrsquo either exist above the ground surface (for example a shed) or they are designed to operate and exist beneath the ground surface (for example a culvert)They may also need a permit to alter disturb or remove them if there is not an approval already in place

4 Section 4(1) Heritage Act

5 This is required under section 146 of the Heritage Act and applies to all Sydney Metro projects

IMPORTANT

All relics are subject to statutory controls and protections

If a relic is likely to be disturbed a heritage approval is usually required from the NSW Heritage Council When a person discovers a relic they must notify the NSW Heritage

Council of its location5

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(Uncontrolled when printed)

Unclassified

Sydney Metro Unexpected Finds Procedure V20

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43 Human skeletal remains

The Sydney Metro Exhumation Procedure provides a more detailed explanation of the approval processes related to human remains

Human skeletal remains can be identified as either an Aboriginal object or non-Aboriginal relic depending on the ancestry of the individual (Aboriginal or non-Aboriginal) and the burial context (archaeological or non-archaeological) Remains are considered to be archaeological when the time elapsed since death is suspected of being 100 years or more Depending on ancestry and context different legislation applies

As a simple example a pre-European settlement archaeological Aboriginal burial would be protected under the NPW Act while a historic (non-Aboriginal) archaeological burial within a cemetery would be protected under the Heritage Act For a non-Aboriginal archaeological burial the relevant heritage approval and notification requirement described in Appendix 4 would apply In addition to the NPW Act finding Aboriginal human remains also triggers notification requirements to the Commonwealth Minister for the Environment under section 20(1) of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Commonwealth)

Where it is suspected that less than 100 years has elapsed since death the human skeletal remains come under the jurisdiction of the State Coroner and the NSW Coroners Act 2009 Such cases are lsquoreportable deathsrsquo and under legal notification obligations set out in section 35(2) a person must report the death to a police officer a coroner or an assistant coroner as soon as possible This applies to all human remains less than 100 years old regardless of ancestry (whether Aboriginal or non-Aboriginal remains) Public health controls may also apply6

Guidance on what to do when suspected human remains are found is provided in Appendix 5

IMPORTANT

All human skeletal remains are subject to statutory controls and protections

All bones must be treated as potential human skeletal remains and work around them must stop while they are appropriately protected and investigated the relevant authorities advised and approvals received This includes skeletal material found during any phase of work including

geotechnical works early works construction works and any other site works

6 Under section 19 of the Coroners Act 2009 the coroner has no jurisdiction to conduct an inquest into reportable

death unless it appears to the coroner that (or that there is reasonable cause to suspect that) the death or suspected death occurred within the last 100 years

Unclassified

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(Uncontrolled when printed)

Unclassified

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5 Legislative Requirements Table 1 identifies some of the relevant legislationregulations for the protection of heritage and the management of unexpected heritage finds in NSW It should be noted that significant penalties exist for breaches of the legislation which result in unauthorised impacts to heritage items

To avoid breaches of legislation it is important that Sydney Metro and its contractors are aware of their statutory obligations under relevant legislation and that appropriate control measures are in place to ensure that unexpected finds are appropriately managed during all project phases Contractors will need to ensure that they undertake their own due diligence to identify any other legislative requirements that may apply for a given project

Table 1 Legislation and guidelines for management of unexpected heritage finds

Relevant Requirement Objectives and offences

Environmental Planning and Assessment Act 1979 (EPampA Act)

Part 5 Division 52 Subdivision 2 Section 519

Requires heritage to be considered within the environmental impact assessment of projects

Heritage Act 1977 (Heritage Act)

The Heritage Act provides for the care protection and management of heritage items in NSW Under section 139 it is an offence to disturb or excavate any land knowing or having reasonable cause to suspect that the disturbance or excavation will or is likely to result in a relic being discovered exposed moved damaged or destroyed unless the disturbance or excavation is carried out in accordance with an excavation permit issued by the Heritage NSW under the Act a relic is defined as lsquoany deposit artefact object or material evidence that (a) relates to the settlement of the area that comprises New South Wales not being Aboriginal settlement and (b) is of State or local heritage significancersquo

A person must notify the Heritage NSW if a person is aware or believes that they have discovered or located a relic (section 146) Penalties for offences under the Heritage Act can include six months imprisonment andor a fine of up to $11million

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(Uncontrolled when printed)

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Relevant Requirement Objectives and offences

National Parks and Wildlife Act 1974 (NPW Act)

The NPW Act provides the basis for the care protection and management of Aboriginal objects and places in NSW

An Aboriginal object is defined as lsquoany deposit object or material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of the area that comprises New South Wales being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction and includes Aboriginal remainsrsquo

An lsquoAboriginal placersquo is an area declared by the Minister administering the Act to be of special significance with respect to Aboriginal culture An Aboriginal place does not have to contain physical evidence of occupation (such as Aboriginal objects)

Under section 87 of the Act it is an offence to harm or desecrate an Aboriginal object or place There are strict liability offences An offence cannot be upheld where the harm or desecration was authorised by an AHIP and the permitrsquos conditions were not contravened Defences and exemptions to the offence of harming an Aboriginal object or Aboriginal place are provided in section 87 87A and 87B of the Act A person must notify Heritage NSW if a person is aware of the location of an Aboriginal object

Penalties for some of the offences can include two years imprisonment andor up to $550000 (for individuals) and a maximum penalty of $11 million (for corporations)

6 Unexpected heritage finds protocol

61 What is an unexpected heritage find

An lsquounexpected heritage findrsquo can be defined as any unanticipated archaeological discovery that has not been identified during a previous assessment or is not covered by an existing permit under the Heritage Act The find may have potential cultural heritage value which may require a heritage permit or notification if any interference of the heritage item is proposed or anticipated

The range of potential unexpected finds can include but is not limited to

remains of rail infrastructure including buildings footings stations signal boxes rail lines bridges and culverts

remains of other infrastructure including sandstone or brick buildings wells cisterns drainage services conduits old kerbing and pavement former road surfaces timber and stone culverts bridge footings and retaining walls

artefact scatters including clustering of broken and complete bottles glass ceramics animal bones and clay pipes and

archaeological human skeletal remains

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62 Managing unexpected finds

In the event that an unexpected find is encountered on a Sydney Metro site the steps detailed in Table 2 must be followed There are seven steps in the procedure

Table 2 Specific tasks to be implemented following the discovery of an unexpected heritage item

Step Task Responsibility Guidance and tools

1 Stop work and protect the item

11 Stop all work including geotechnical investigations in the immediate area of the item and notify the Project Manager

Contractor Supervisor

Appendix 1

Identifying Unexpected Heritage items

12 Establish a lsquono-go zonersquo around the item Use high visibility fencing where practical No work is to be undertaken within this zone until further investigations are completed and if required appropriate approvals are obtained

Inform all site personnel about the no-go zone

Project Manager Contractor Supervisor

2 Engage an Archaeologist

21 If you have Excavation Director or an archaeologist andor Aboriginal heritage consultant has been previously appointed for the project contact them to discuss the location and nature of the item and arrange a site inspection The project Construction Environmental Management Plan (CEMP) may contain contact details of the archaeologistAboriginal heritage consultant

Provide as much information as possible including photos and completed recording form

Inform the Sydney Metro Environmental Manager and keep them involved in the process The Environmental Manager will inform the Sydney Metro Senior Heritage Advisor

Contractors Project Manager

Appendix 2

Unexpected Heritage Item Recording Form

22 Where there is no project archaeologist engaged for the works engage a suitably qualified consultant to assess the find

If the find is a non-Aboriginal item engage a suitably qualified and experienced historical archaeological consultant

If the find is likely to be an Aboriginal object engage an Aboriginal heritage consultant

Contractorrsquos Project Manager

IMPORTANT

Sydney Metro may have approval to impact certain heritage items during construction If you think that you may have discovered a heritage item and you are unsure whether an

approval is in place or not STOP works and follow this procedure

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Step Task Responsibility Guidance and tools

23 ArchaeologistExcavation Director and Sydney Metro Environmental Manager to advise the Project Manager whether Sydney Metro has approval to impact the lsquoitemrsquo

If yes work may recommence in accordance with that approval or permit There is no further requirement to follow this procedure

If no continue to next step

Contractorrsquos Project Manager

3 Arrange site access

31 Arrange site access for the archaeologistAboriginal heritage consultant to inspect the item as soon as practicable In most cases a site inspection is required to conduct a preliminary assessment

Contractorrsquo s Project Manager Excavation Director

32 Subject to the archaeologistAboriginal heritage consultantrsquos assessment work may recommence at a set distance from the item This is to protect any other archaeological material that may exist in the vicinity which may have not yet been uncovered Existing protective fencing established in Step 12 may need to be adjusted to reflect the extent of the newly assessed protective area No works are to take place within this area once established

Archaeologist Aboriginal heritage consultant Contractorrsquos Project Manager Excavation Director

33 Occasionally the archaeologistAboriginal heritage consultant may determine from the photographs provided at Step 21 that no site inspection is required because no heritage constraint exists for the project (for example the item is not a lsquorelicrsquo a lsquoheritage itemrsquo or an lsquoAboriginal objectrsquo) Any such advice should be provided in writing (for example via email or letter with the consultantrsquos name and company details clearly identifiable) to the Sydney Metro Project Manager Environment Manager and Senior Heritage Advisor

Archaeologist Aboriginal heritage consultant Excavation Director

Proceed to Step 8

4 Undertake Preliminary assessment and recording of the find

41 Has the lsquofindrsquo been damaged or harmed

If yes record the incident in the Incident

Management System Implement any additional reporting requirements related to the planning approval and CEMP where relevant

Contractors Project Manager Archaeologist and or Excavation Director

42 Can the works avoid further disturbance to the item Project Manager to confirm with Sydney Metro Environment Manager

Complete the remaining tasks

Contractorrsquos Project Manager

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Step Task Responsibility Guidance and tools

43 Inspect document and photograph the item Archaeologist and or Excavation Director

Appendix 2

Unexpected Heritage Item Recording Form

Appendix 3

Photographing Unexpected Heritage items

44 Is the item likely to be bone

If yes follow the steps in Appendix 4 ndash lsquoUncovering bonesrsquo Where it is obvious that the bones are human remains you must notify the local police by telephone immediately They may take command of all or part of the site Also refer to the Sydney Metro Exhumation Procedure

If no proceed to next step

Archaeologist and or Excavation Director

Appendix 4

Uncovering Bones

45 The archaeologistAboriginal heritage consultant may provide advice after the site inspection and preliminary assessment that no heritage constraint exists for the project (for example the item is not a lsquorelicrsquo or a lsquoheritage itemrsquo or an lsquoAboriginal itemrsquo) Any such advice should be provided in writing (for example via email or letter with the consultantrsquos name and company details clearly identifiable) to the Metro Project Manager

Archaeologist Aboriginal heritage consultant Contractorrsquos Project Manager Excavation Director

Proceed to Step 7

Refer to Appendix 1

Examples of finds encountered during construction worksrsquo

46 Where required seek additional specialist technical advice (such as a forensic or physical anthropologist to identify skeletal remains) The archaeologistAboriginal heritage consultant can provide contacts for such specialist consultants

Excavation Director Archaeologist

47 Where the item has been identified as a lsquorelicrsquo or lsquoheritage itemrsquo or an lsquoAboriginal objectrsquo the archaeologist should formally record it

Archaeologist Aboriginal heritage consultant

48 NSW Heritage for non-Aboriginal relics and NSW Department of Planning Industry and Environment for Aboriginal objects can be notified informally by telephone at this stage by the Sydney Metro Senior Heritage Advisor Any verbal conversations with regulators must be noted on the project file for future reference

Contractors Project Manager Excavation Director

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Step Task Responsibility Guidance and tools

5 Notify the regulator if required

51 Based on the findings of the archaeological or heritage management plan and corresponding legislative requirements is notification of Heritage NSW and the Secretary required

If no proceed directly to Step 6

If yes proceed to next step

Sydney Metro Environmental Manager Contractorrsquos Excavation Director

52 If notification is required complete the template notification letter including the archaeological heritage management plan and other relevant supporting information and forward to the Sydney Metro Environmental Manager The Environmental Manager will seek the approval of the Sydney Metro Senior Heritage Advisor and the signature of the Principal Manager Sustainability Environment and Planning (Program)

Sydney Metro Environmental Manager Excavation Director

Appendix 6

Template Notification Letter

53 Forward the signed notification letter to Heritage NSW and the Secretary

Informal notification (via a phone call or email) to Heritage NSW prior to sending the letter is appropriate The archaeological or heritage management plan and the completed Unexpected Heritage Item Recording Form (Appendix 2) must be submitted with the notification letter (for both Aboriginal objects and non-Aboriginal relics)

The Department of Planning Industry and Environment may also need to be notified

54 A copy of the final signed notification letter archaeological or heritage management plan and the site recording form is to be kept on file and a copy sent to the Sydney Metro Project Manager

Contractorrsquos Project Manager Excavation Director

6 Implement archaeological or heritage management plan

61 Modify the archaeological or heritage management plan to take into account any additional advice resulting from notification and discussions with regulator

Contractorrsquos Project Manager Excavation Director

62 Implement the archaeological or heritage management plan Where impact is expected this may include a formal assessment of significance and heritage impact assessment preparation of excavation or recording methodologies consultation with Registered Aboriginal Parties obtaining heritage approvals etc if required

Contractorrsquos Project Manager Excavation Director

63 Where heritage approval is required contact the Sydney Metro Environment Manager for further advice and support material Please note there are time constraints associated with heritage approval preparation and processing

Contractorrsquos Project Manager Excavation Director

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64 Assess whether heritage impact is consistent with the project approval or if project approval modification is required from the Department of Planning Industry and Environment

Excavation Director Sydney Metro Environmental Manager

65 Where statutory approvals (or project approval modifications) are required impact upon relics andor Aboriginal objects must not occur until heritage approvals are issued by the appropriate regulator

Contractorrsquos Project Manager Excavation Director

66 Where statutory approval is not required but where recording is recommended by the archaeologistAboriginal heritage consultant sufficient time must be allowed for this to occur

Contractorrsquos Project Manager Excavation Director

67 Ensure short term and permanent storage locations are identified for archaeological material or other heritage material removed from site where required Interested third parties (for example museums local Aboriginal land councils or local councils) should be consulted on this issue Contact the archaeologist or Aboriginal heritage consultant for advice on this matter if required

Contractorrsquos Project Manager Excavation Director

7 Resume work

71 Seek written clearance to resume project work from the project Excavation Director Archaeologist Aboriginal heritage consultant

Clearance would only be given once all archaeological excavation andor heritage recommendations and approvals (where required) are complete Resumption of project work must be in accordance with the all relevant projectheritage approvalsdeterminations

Contractorrsquos Project Manager Excavation Director

72 If required ensure archaeological excavationheritage reporting and other heritage approval conditions are completed in the required timeframes This includes artefact retention repositories conservation andor disposal strategies

Contractorrsquos Project Manager Excavation Director

73 If additional unexpected items are discovered this procedure must begin again from Step 1

All

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7 Responsibilities

Table 3 Roles and Responsibilities

Role Responsibility or role under this guideline

Contractor Supervisor

Stop work immediately when an unexpected heritage find is encountered Cordon off area until Environmental Manager Excavation Director advises that work can recommence

Manage the process of identifying protecting and mitigating impacts on the lsquofindrsquo

Liaise with Sydney Metro Project Manager Environment Manager and Senior Heritage Advisor

Assist the archaeologistAboriginal heritage consultant with mitigation and regulatory requirements

Complete Incident Report and review CEMP for any changes required Propose amendments to the CEMP if any changes are required

Contractors Project Manager

Ensures all aspects of this procedure are implemented Advise Contractor Supervisor to recommence work if all applicable requirements have been satisfied and the Excavation Director

Project Archaeologist has approved recommend of work

Contractorrsquos or Project Heritage Advisor or Consultant

Provide expert advice to the Sydney Metro Environment Manager on find identification significance mitigation legislative procedures and regulatory requirements

Environmental Representative

Ensure compliance with relevant approvals (new and existing)

Sydney Metro Environment Manager

Notify the Sydney Metro Principal Manager Environmental Management of find and manage Incident Reporting once completed by Environmental Manager

Sydney Metro Senior Heritage Advisor

Provide expert advice to Sydney Metro Environment Manager and project as required

8 Seeking Advice

Advice on this procedure should be sought from the Sydney Metro Environment Manager in the first instance Contractors and delivery partners should ensure their own project environment managers are aware of and understand this procedure

Technical archaeological or heritage advice regarding an unexpected heritage item should be sought from a suitably qualified and experienced archaeologistAboriginal heritage consultant

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9 Related documents and references

Sydney Metro Environmental Incident Classification and Reporting ndash SM-17-00000096

Transport for NSW Guide to Environmental Control Map ndash 3TP-SD-01570

NSW Heritage Office (1998) Skeletal remains guidelines for the management of human skeletal remains

Roads and Maritime Services (2015) Standard Management Procedure Unexpected Heritage Items

Department of Environment and Conservation NSW (2006) Manual for the identification of Aboriginal remains

Sydney Metro Exhumation Procedure ndash SM ES-PW-31510

10 List of appendices

The following appendices are included to support this procedure

Appendix 1 Examples of finds encountered during construction works

Appendix 2 Unexpected Heritage Item Recording Form

Appendix 3 Photographing Unexpected Heritage Items

Appendix 4 Uncovering Bones

Appendix 5 Archaeological Advice Checklist

Appendix 6 Template Notification Letter

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Appendix 1 Examples of finds encountered during construction works

Photo 1 - Aboriginal artefacts found at the Wickham Transport Interchange 2015

Photo 2 ndash Aboriginal artefacts (shell material) found at the Wickham Transport Interchange 2015

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Photo 3 1840s seawall and 1880s retaining wall uncovered at Balmain East 2016

Photo 4 Sandstone pavers uncovered at Balmain East 2016

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Sydney Metro ndash Integrated Management System (IMS)

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Photo 5 - Platform structure at Hamilton Railway Station classified as a lsquoworkrsquo by the project archaeologist - Wickham Transport Interchange project 2015

Photo 6 - Platform structure at Hamilton Railway Station classified as a lsquoworkrsquo by the project archaeologist - Wickham Transport Interchange project 2015

Photo 7 - Sandstone flagging and cesspit - Wynyard Walk project 2014

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Sydney Metro ndash Integrated Management System (IMS)

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Photo 8 - Chinese Ming Dynasty pottery and English porcelainpottery dating back to early 19th century - Wynyard Walk project 2014

Photo 9 - Pottery made by convict potter Thomas Ball during the early settlement - Wynyard Walk project 2014

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Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

The following images obtained from the Roads and Maritime Servicesrsquo Standard Management Procedure for Unexpected Heritage items 2015 can be used to assist in the preliminary identification of potential unexpected items during construction and maintenance works Photo 10 - Top left hand picture continuing clockwise Stock camp remnants (Hume Highway Bypass at

Tarcutta) Linear archaeological feature with post holes (Hume Highway Duplication) Animal bones (Hume Highway Bypass at Woomargama) Cut wooden stake Glass jars bottles spoon and fork recovered from refuse pit associated with a Newcastle Hotel (Pacific Highway Adamstown Heights Newcastle area) (RMS 2015)

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Sydney Metro ndash Integrated Management System (IMS)

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Photo 11 - Top left hand picture continuing clockwise Stock camp remnants (Hume Highway Bypass at

Tarcutta) Linear archaeological feature with post holes (Hume Highway Duplication) Animal bones

(Hume Highway Bypass at Woomargama) Cut wooden stake Glass jars bottles spoon and fork

recovered from refuse pit associated with a Newcastle Hotel (Pacific Highway Adamstown Heights

Newcastle area) (RMS 2015)

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Appendix 2 - Unexpected Heritage Find Recording Form

Example of unexpected heritage item recording form

This form is to be completed Excavation Director on the discovery of an archaeological heritage find during construction or maintenance works

Date Recorded by

(include name and position)

Project name

Description of works

being undertaken

Description of exact

location of item

Description of item

found

(What type of item is it likely

to be Tick the relevant

boxes)

A A relic A lsquorelicrsquo is evidence of a past human activity

relating to the settlement of NSW with local

or state heritage significance A relic might

include bottle utensils plates cups

household items tools implements and

similar items

B A lsquoworkrsquo building or

structurersquo A lsquoworkrsquo can generally be defined as a form

infrastructure such as track or rail tracks

timber sleepers a culvert road base a

bridge pier kerbing and similar items

C An Aboriginal object An lsquoAboriginal objectrsquo may include stone

tools stone flakes shell middens rock art

scarred trees and human bones

D Bone Bones can either be human or animal

remains

Remember that you must contact the local

police immediately by telephone if you are

certain that the bone(s) are human

remains

E Other

Provide a short

description of the item

(Eg metal rail tracks

running parallel to the rail

corridor Good condition

Tracks set in concrete

approximately 10 cm below

the current ground surface)

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Sydney Metro ndash Integrated Management System (IMS)

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Sketch

(Provide a sketch of the

itemrsquos general location in

relation to other road

features so its approximate

location can be mapped

without having to re-

excavate it In addition

please include details of the

location and direction of any

photographs of the item

taken)

Action taken (Tick either

A or B)

A Unexpected item

would not be further

impacts on by the

works

Describe how works would avoid impact

on the item (Eg the rail tracks would be left in

situ and recovered with paving)

B Unexpected item

would be further

impacted by the works

Describe how works would impact on the

item (Eg milling is required to be continued to a

depth of 200 mm depth to ensure the pavement

requirements are met Rail tracks would need to

be removed)

Excavation Director Signature

Signature

It is a statutory offence to disturb Aboriginal objects and historic relics (including human

remains) without an approval All works affecting objects and relics must cease until an

approval is sought

Approvals may also be required to impact on certain works

Important

Unclassified

Appendix 3 - Photographing unexpected heritage finds

Photographs of unexpected finds in their current context (in situ) may assist archaeologistsAboriginal heritage consultants to better identify the heritage values of the item Emailing good quality photographs to specialists can allow for better quality and faster heritage advice The key elements that must be captured in photographs of the item include its position the item itself and any distinguishing features All photographs must have a scale (ruler scale bar mobile phone coin etc) and a note describing the direction of the photograph

Context and detailed photographs

It is important to take a general photograph (Figure 1) to convey the location and setting of the item This will add value to the subsequent detailed photographs also required (Figure 2)

Figure 1 Telford road uncovered on the Great Western Highway (Leura) in 2008 (RMS 2015)

Photographing distinguishing features

Where unexpected items have a distinguishing feature close up detailed photographs must be taken of these features where practicable In the case of a building or bridge this may include diagnostic details architectural or technical features See Figures 3 and 4 for examples

Unclassified

Removal of the item from its context (eg excavating from the ground) for

photographic purposes is not permitted

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Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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Photographing bones

The majority of bones found on site will be animal bones often requiring no further assessment (unless they are in archaeological context) However if bones are human the police must be contacted immediately (see Appendix 5 for detailed guidance) Taking quality photographs of the bones can often resolve this issue quickly The project archaeologist can confirm if bones are human or non-human if provided with appropriate photographs

Ensure that photographs of bones are not concealed by foliage (Figure 5) as this makes it difficult to identify Minor hand removal of foliage can be undertaken as long as disturbance of the bone does not occur Excavation of the ground to remove bone(s) should not occur nor should they be pulled out of the ground if partially exposed

Where sediment (adhering to a bone found on the ground surface) conceals portions of a bone (Figure 6) ensure the photograph is taken of the bone (if any) that is not concealed by sediment

Ensure that all close up photographs include the whole bone and then specific details of the bone (especially the ends of long bones the epiphysis which is critical for species identification) Figures 7 and 8 are examples of good photographs of bones that can easily

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be identified from the photograph alone They show sufficient detail of the complete bone and the epiphysis

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

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Appendix 4 - Uncovering bones

This appendix provides advice regarding

what to do on first discovering bones

the range of human skeletal notification pathways and

additional considerations and requirements when managing the discovery of human remains

1 First uncovering bones

Refer to the Sydney Metro Exhumation Procedure

Stop all work in the vicinity of the find All bones uncovered during project works should be treated with care and urgency as they have the potential to be human remains The bones must be identified as either human or non-human as soon as possible by a qualified forensic or physical anthropologist

On the very rare occasion where it is immediately obvious from the remains that they are human the Project Manager (or a delegate) should inform the police by telephone prior to seeking specialist advice It will be obvious that it is human skeletal remains where there is no doubt as demonstrated by the example in Figure 17 Often skeletal elements in isolation (such as a skull) can also clearly be identified as human Note it may also be obvious that human remains have been uncovered when soft tissue andor clothing are present

7

After Department of Environment and Conservation NSW (2006) Manual for the identification of Aboriginal

Remains 17

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This preliminary phone call is to let the police know that a specialist skeletal assessment to determine the approximate date of death which will inform legal jurisdiction The police may wish to take control of the site at this stage If not a forensic or physical anthropologist must be requested to make an on-site assessment of the skeletal remains

Where it is not immediately obvious that the bones are human (in the majority of cases illustrated by Figure 2) specialist assessment is required to identify the bones Photographs of the bones can assist this assessment if they are clear and taken in accordance with guidance provided in Appendix 3 Good photographs often result in the bones being identified by a specialist without requiring a site visit noting they are nearly always non-human In these cases non-human skeletal remains must be treated like any other unexpected archaeological find

If the bones are identified as human (either by photographs or an on-site inspection) a technical specialist must determine the likely ancestry (Aboriginal or non-Aboriginal) and burial context (archaeological or forensic) This assessment is required to identify the legal regulator of the human remains so urgent notification (as below) can occur

Preliminary telephone or verbal notification by the archaeologist to the Sydney Metro Senior Heritage Advisor is appropriate This must be followed up later by a formal letter notification to the relevant regulator when a management plan has been developed and agreed to by the relevant parties

2 Range of human skeletal notification pathways

The following is a summary of the different notification pathways required for human skeletal remains depending on the preliminary skeletal assessment of ancestry and burial context

A Human bones are from a recently deceased person (less than 100 years old)

B Human bones are archaeological in nature (more than 100 years old) and are likely to be Aboriginal remains

C Human bones are archaeological in nature (more than 100 years old) and likely to be non-Aboriginal remains

Figure 3 summarises the notification pathways on finding bones

Action

The Heritage NSW must be notified immediately

Action

The police must be notified immediately as per the obligations to report a death or suspected death under s35 of the Coroners Act 2009 (NSW) It should be assumed the police will then take command of the site until otherwise directed

Action

The Department of Planning Industry and Environment Aboriginal Heritage Section must be notified immediately The project Aboriginal Cultural Heritage Advisor must contact and inform the relevant Aboriginal community stakeholders who may request to be present on site

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Figure 3 Overview of steps to be undertaken on the discovery of bones

After the appropriate verbal notifications (as described in 2B and 2C above) the Project Manager must proceed through the Unexpected Heritage Items Exhumation Procedure (Step 4) It is noted that no Exhumation Procedure is required for forensic cases (2A) as all future management is a police matter Non-human skeletal remains must be treated like any other unexpected archaeological find and so must proceed to record the find

3 Additional considerations and requirements

Uncovering archaeological human remains must be managed intensively and needs to consider a number of additional specific issues These issues might include facilitating culturally appropriate processes when dealing with Aboriginal remains (such as repatriation and cultural ceremonies) Project Managers may need to consider overnight site security of any exposed remains and may need to manage the onsite attendance of a number of different external stakeholders during assessment andor investigation of remains

Project Managers may also be advised to liaise with local churchreligious groups and the media to manage community issues arising from the find Additional investigations may be required to identify living descendants particularly if the remains are to be removed and relocated

If exhumation of the remains (from a formal burial or a vault) is required Project Managers should also be aware of additional approval requirements under the NSW Public Health Act 1991 Specifically Sydney Metro may be required to apply to the Director General of NSW

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

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Department of Health for approval to exhume human remains as per Clause 26 of the NSW Public Health (Disposal of Bodies) Regulation 2002 8

Further the exhumation of such remains needs to consider health risks such as infectious disease control exhumation procedures and reburial approval and registration Further guidance on this matter can be found at the NSW Department of Health website

In addition due to the potential significant statutory and common law controls and prohibitions associated with interfering with a public cemetery project teams are advised when works uncover human remains adjacent to cemeteries to confirm the cemeteryrsquos exact boundaries where possible

8 This requirement is in addition to heritage approvals under the Heritage Act 1977

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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Appendix 5 - Archaeologicalheritage advice checklist

The archaeologistAboriginal heritage consultant must advise the Sydney Metro Environment Manager and Senior Heritage Advisor of an appropriate archaeological or heritage management plan as soon as possible after an inspection of the site has been completed An archaeological or heritage management plan can include a range of activities and processes which differ depending on the find and its significance

In discussions with the archaeologistAboriginal heritage consultant the following checklist can be used as a prompt to ensure all relevant heritage issues are considered when developing this plan This will allow the project team to receive clear and full advice to move forward quickly Archaeological andor heritage advice on how to proceed can be received in a letter or email outlining all relevant archaeological andor heritage issues

Required Outcomenotes

Assessment and investigation

Assessment of significance YesNo

Assessment of heritage impact YesNo

Archaeological excavation YesNo

Archival photographic recording YesNo

Heritage approvals and notifications

AHIP section 140 section 139 exceptions section 60 exemptions etc

YesNo

Regulator relicsobjects notification YesNo

Notification to Sydney Trains for s170 heritage conservation register

YesNo

Compliance with CEMP or other project heritage approvals

YesNo

Stakeholder consultation

Aboriginal stakeholder consultation YesNo

Artefactheritage item management

Retention or conservation strategy (eg items may be subject to long conservation and interpretation)

YesNo

Disposal strategy YesNo

Short term and permanent storage locations (interested third parties should be consulted on this issue)

YesNo

Control Agreement for Aboriginal objects YesNo

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

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Appendix 6 - Template notification letter

Insert on Sydney Metro letterhead

Select and type date] [Select and type reference number]

XXX

Heritage NSW Department of Planning Industry and

Environment

xxx

Parramatta NSW 2124

[Select and type salutation and name]

Re Unexpected heritage item discovered during Sydney Metro activities

I write to inform you of an unexpected [select relic heritage item or Aboriginal object] found during Sydney Metro investigative and construction works at [insert location] on [insert date] in accordance with the notification requirement under select section 146 of the Heritage Act 1977 (NSW) [Where the regulator has been informally notified at an earlier date by telephone this should be referred to here]

[Provide a brief overview of the project background and project area Provide a summary of the description and location of the item including a map and image where possible Also include how the project was assessed under the Environmental Planning and Assessment Act 1979 (NSW) (eg Part 5) Also include any project approval number if available]

Sydney Metro [or contractor] has sought professional archaeological advice regarding the item A preliminary assessment indicates [provide a summary description and likely significance of the item] Please find additional information on the site recording form attached

Based on the preliminary findings Sydney Metro [or contractor] is proposing [provide a summary of the proposed archaeologicalheritage approach (eg develop archaeological research design (where relevant) seek heritage approvals undertake archaeological investigation or conservationinterpretation strategy) Also include preliminary justification of such heritage impact with regard to project design constraints and delivery program]

The proposed approach will be further developed in consultation with a nominated Office of Environment and Heritage staff member

Should you have any feedback on the proposed approach or if you require any further information please do not hesitate to contact [Environment and Planning Project Manager] on (02) XXXX XXXX

Yours sincerely

[Sender name]

Sydney Metro Director Environment Sustainability amp Planning [Attach the archaeologicalheritage management plan and site recording form]

NB On finding Aboriginal human skeletal remains this letter must also be sent to the Commonwealth Minister for the Environment in accordance with notification requirements under section 20(1) of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Commonwealth)

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 56 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 5B ndash Sydney Metro Exhumation Management Procedure

Unclassified

Exhumation Management

Procedure

SM ES-PW-31510

Sydney Metro Integrated Management System (IMS)

Applicable to Sydney Metro

Document Owner Senior Heritage Advisor

System Owner Environment Sustainability and Planning

Status Final issued for Implementation

Version 40

Date of issue June 2020

Review date June 2021

copy Sydney Metro 2017

Unclassified

Integrated

Management

System

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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Sydney Metro Exhumation Procedure v40 (final)

copy Sydney Metro 2017 Page 2 of 24

Table of Contents

Contents 1 Introduction 3

2 Methodology 3 21 Overview of legislative requirements for dealing with human remains

4 22 Discovery of human remains and forensic cases NSW Coroners

Act 2009 (NSW) 4 23 Historic human remains Heritage Act 1977 and Guidelines for the

Management of Human Skeletal Remains under the Heritage Act 1977 5

24 Aboriginal human remains National Parks and Wildlife Act 1974 6 25 Exhumation of human remains Public Health Regulation 2012

(NSW) and the NSW Health Policy Statement ndash Exhumation of human remains (2013) 7

26 NSW Ministry of Health Policy Statement ndash Exhumation of human remains (2013) 7

27 Work Health and Safety Act 2011 7

3 Sydney Metro procedure for the discovery and management of human remains 8 31 Initial discovery of bones What do we do 8 32 Archaeological Exhumation Methodology 10

4 Excavation and post-excavation tasks 14 41 Research Questions 14 42 Process for DNA Testing Isotope Analysis and Environmental

Sampling 15 43 Reporting 16 44 Public Involvement 16 45 Temporary Storage and Permanent Repository or Resting Place for

Remains 17

5 Definitions 18

6 Related Documents and References 18

7 Superseded Documents 18

8 Document History 18

9 Schedule of Acronyms 18

Exhumation of Human Remains 20 EXHUMATION OF HUMAN REMAINS 1 MANDATORY REQUIREMENTS 1 IMPLEMENTATION 1 REVISION HISTORY 2 CONTENTS 4 APPENDIX 2 11 APPENDIX 3 12 APPENDIX 4 13 APPLICATION TO EXHUME REMAINS 16

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1 Introduction

This Exhumation Management Procedure (ExMP) has been developed to provide Sydney Metro and their contractors with guidance on managing the discovery of human skeletal remains during the course of the Sydney Metro program of works

Sydney Metro is Australiarsquos biggest public transport project From the northwest metro rail is being extended under Sydney Harbour through new underground city stations and beyond to the south west In 2024 Sydney will have 31 metro railway stations and a 66km standalone metro railway system revolutionising the way Australiarsquos biggest city travels (refer to Figure 1)

The purpose of this ExMP is to provide a clear and concise process to follow in the event of the discovery of potential human remains during Sydney Metro project works

This ExMP will be reviewed as required and prior to any future Sydney Metro project that has potential to impact on a known cemetery or burial ground A review may require amendment the ExMP to tailor additional controls or management procedures that are specific to the impacted cemetery or burial ground In addition the requirements of the relevant Planning Approval will be assessed during the review of this ExMP prior to its implementation

This procedure should be read in conjunction with the Sydney Metro Unexpected Finds Policy

2 Methodology

This ExMP outlines the procedure for the management of the discovery of human remains within the Sydney Metro program The ExMP addresses the following

Discussion of relevant legislation and guidelines (eg Coroners Act 2009 Heritage Act 1977 Guidelines for the Management of Human Skeletal Remains 1988 and the Public Health Regulations 2012)

Archaeological methodology for excavation of remains including processes for appropriately handling remains in accordance with the relevant guidelines

Preparation of a flow chart process to be used by contractors to respond to the discovery of suspected human remains

Post-exhumation management primarily around relocation processing and long- term arrangements

Process for nomination of a physical anthropologist and temporary storage location

Process for additional analysis including DNA testing isotope analysis and environmental sampling and discussion on requirements for public involvement

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Figure 1 2020 Sydney Metro Program Project overview and station locations

21 Overview of legislative requirements for dealing with human remains

The following section provides an overview of the legislation that would apply to the discovery management and relocation of human remains A discovery of suspected human remains may be subject to different Acts and requirements thereby triggering different notification pathways based on the specific circumstances involved

The first step will always be to notify the NSW Police Confirmation of the age (antiquity) and nature of the skeletal remains as well as the reasons for the disturbance will dictate which Act and provisions will be applicable

22 Discovery of human remains and forensic cases NSW Coroners Act 2009 (NSW)

For a discovery of suspected human remains less than 100 years old the remains would come under the jurisdiction of the State Coroner and the NSW Coroners Act 2009 Such a case would be considered a lsquoreportable deathrsquo and under legal notification obligations set out in s35 (2) a person must report the death to a police officer a coroner or an assistant coroner as soon as possible This applies to all human remains less than 100 years old regardless of ancestry (ie both Aboriginal and non-Aboriginal remains)

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35 Obligation to report death or suspected death

(1) This section applies to any person who has reasonable grounds to believe that a death or suspected death of another person

(a) is a reportable death or occurred in circumstances that would be examinable under Division 2 of Part 32 and

(b) has not been reported in accordance with subsection (2)

(2) A person to whom this section applies must report the death or suspected death concerned to a police officer a coroner or an assistant coroner as soon as possible after becoming aware of the grounds referred to in subsection (1)

Maximum penalty (subsection (2)) 10 penalty units

(3) A police officer to whom a death or suspected death is reported under this section is required to report the death or suspected death to a coroner or assistant coroner as soon as possible after the report is made

(4) An assistant coroner to whom a death or suspected death is reported under this section is required to report the death or suspected death to a coroner as soon as possible after the report is made

(5) A coroner to whom a death or suspected death is reported under this section is required to inform the State Coroner of the report as soon as practicable after the report is made

23 Historic human remains Heritage Act 1977 and Guidelines for the Management of Human Skeletal Remains under the Heritage Act 1977

The Heritage Act 1977 and Guidelines for the Management of Human Skeletal Remains under the Heritage Act 19771 (the Guidelines) apply to historic burials in New South Wales It should be noted that the Guidelines are outdated in terms of the current statutory framework

A relic is defined as an archaeological deposit or artefact that has heritage significance at a local or State level The guidelines Assessing Significance for Historical Archaeological Sites and `Relics2 have been endorsed by the Heritage Council and should be used to assess the level of heritage or archaeological significance of the remains With reference to burial grounds objects such as headstones grave enclosures and grave goods as well as buried human remains may be a lsquorelicrsquo

1 NSW Heritage Office 1998

2 Heritage Branch of the Department of Planning 2009

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Approval under the Heritage Act 1977 and the National Parks and Wildlife Act 1974 is not required if human remains are uncovered during a Critical State Significant Infrastructure (CSSI) project However notification to the Heritage Council under s146 of the Heritage Act and notification of an Aboriginal object under the National Parks and Wildlife Act is required if archaeological human remains are uncovered

24 Aboriginal human remains National Parks and Wildlife Act 1974

The National Parks and Wildlife Act provides statutory protection for all Aboriginal lsquoobjectsrsquo (consisting of any material evidence of the Aboriginal occupation of NSW) under Section 90 of the Act and for lsquoAboriginal Placesrsquo (areas of cultural significance to the Aboriginal community) under Section 84

Discovery of Aboriginal burials andor human remains would be addressed in the projectrsquos Aboriginal Cultural Heritage Assessment Report (ACHAR) ACHARs would be prepared in accordance with the Heritage NSW

lsquoGuidelines for Aboriginal Cultural Heritage Impact Assessment and Community Consultation3

Guide to investigating assessing and reporting on Aboriginal cultural heritage in NSW4

Aboriginal cultural heritage consultation requirements for proponents 20105

Code of Practice for Archaeological Investigation of Aboriginal Objects in New South Wales6

If suspected human skeletal remains are uncovered at any time during the archaeological management program the process outlined in this ExMP and detailed in the flow chart is to be followed Management of the remains would be guided by consultation with the nominated Registered Aboriginal Parties (RAPs) for the project in adherence to the ACHAR

3 NSW Department of Environment and Conservation 2005

4 OEH 2011

5 Department of Environment Climate Change and Water 2010

6 OEH 2010

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(Uncontrolled when printed)

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Sydney Metro Exhumation Procedure v40 (final)

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25 Exhumation of human remains Public Health Regulation 2012 (NSW) and the NSW Health Policy Statement ndash Exhumation of human remains (2013)

Public Health Regulation 2012 and the NSW Health Policy Statement ndash Exhumation of human remains of the Public Health Regulation 2012 provides specific regulation for the exhumation of bodies in NSW

Under Clause 70 of the Regulation an application for approval to exhume the remains of a dead person may be made to the Director-General via an approved form to the Director of the Local Public Health Unit that acts on behalf of the Director-General of NSW Health Exhumation is not to take place unless an authorised officer or a NSW Health member of staff is present at the exhumation (the grave may be excavated to the lid of the coffin but nothing must be disturbed until the arrival of the authorised officer) (Clause 72) An authorised officer must be present at the exhumation to ensure the correct interment procedure is followed and that all of the remains are exhumed and to enforce the protection of public health should this be necessary

26 NSW Ministry of Health Policy Statement ndash Exhumation of human remains (2013)

The NSW Ministry of Health Policy Statement on the exhumation of human remains provides the policy to be observed by Public Health Units located in Local Health Districts on receipt of an application to seek permission for approval of the exhumation of human remains under the Public Health Regulation 2012 Public Health Units (PHUs) of Local Health Districts (LHDs) in NSW facilitate the approval for an exhumation Under Clause 69 a person must not exhume a body unless the exhumation of the remains has been approved by the Director-General An application for permission to exhume the remains of a deceased person is to be made to the Public Health Unit on the approved form which is contained at the NSW Health website

The required form is appended to this ExMP for ease of reference

Note that the title of Director General of Health was replaced with the Secretary of Health when the Public Health Act and Public Health Regulation were amended However the Policy Directive PD2013-046 has not been amended to reflect this change

27 Work Health and Safety Act 2011

The Work Health and Safety Act 2011 provisions apply to protect personnel involved in the exhumation procedure by creating and maintaining safe and healthy work practices and are enforced by WorkCover NSW Graves crypts and vaults could be considered to be confined spaces in some circumstances under health and safety legislation More information on safe work practices is available at or by contacting SafeWork NSW via their website or directly

Health and safety aspects of working with human remains should be considered Generally working with archaeological human skeletal remains requires no extra precautions to be taken beyond normal health and safety regulations Once any necessary site health and safety precautions have been taken the exhumation of human remains can proceed

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(Uncontrolled when printed)

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Sydney Metro Exhumation Procedure v40 (final)

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3 Sydney Metro procedure for the discovery and management of human remains

This procedure provides project managers principal contractors and the project archaeologistExcavation Director with advice on the steps to follow upon uncovering suspected human remains Information on the potential for burials and human remains would be included in the general project induction for all personnel The induction would include the procedure to manage these finds as set out in this ExMP

31 Initial discovery of bones What do we do

To avoid doubt all suspected bone items must be treated as potential human skeletal remains and work around them must stop while they are protected and investigated as a matter of urgency

Stop Work and preliminary notification

On discovery of bone (suspected human remains) all work in the area of the find must stop and the remains must be confirmed as being human or not

The Project ArchaeologistExcavation Director must be notified

Preliminary notification must be made to the NSW Police in compliance with Section 35 of the Coroners Act 2009

What When bones are uncovered at a site all work in the area the find must stop immediately and the

site must be secured

Who The discoverer will immediately notify machinery operators so that no further disturbance of the

remains will occur as well as notify the foremansite supervisor principal contractor project archaeologistExcavation Director and Sydney Metro Environmental Manager

Preliminary notification to the NSW Police will be undertaken by the Sydney Metro Environmental Manager Notification should provide verbal description of the remains and inform the police that consultation with technical specialists is being undertaken to confirm that the remains are human as well as the burial context (archaeological or less than 100 years old refer Step 2)

How Inform all site personnel of restricted access to the area of the discovery until further notice Area must be fenced off (flagging or temporary exclusion fencing)

Actions Notify site supervisor principal contractor project archaeologist Excavation Director and Sydney Metro Environmental Manger of the find and protect the suspected remains until an initial assessment can be undertaken by a technical specialist

Preliminary notification to NSW Police by Sydney Metro Environmental Manager

Confirm the remains are human

Skeletal remains could either be articulated and in a recognisable form of burial such as a coffin or common burial position of the body (eg supine prone or flexed) or they could be disarticulated or fragmented remains Within the boundaries of a known historic burial ground there is a high probability of the remains being human In a suspected forensic case (less than 100 years old) the remains may have clothing andor human tissue Disarticulated or fragmented bones are often uncovered and these may require specialist assessment to determine legal jurisdiction

If suspected human remains are identified during the course of project works preliminary notification must be made to the NSW Police in compliance with Section 35 of the Coroners Act 1999 (refer Step 1) NSW Police would be contacted immediately upon receipt of confirmation of human provenance

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Sydney Metro Exhumation Procedure v40 (final)

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What Confirmation that the remains are human their burial context - whether they are forensic (less than 100 years) or archaeological (older than 100 years) and suspected ancestry (Aboriginal or non- Aboriginal)

Who Excavation Director and or Forensic or physical anthropologist or archaeologist with specialist skills such as an osteoarchaeologist

Notification to the NSW Police will be undertaken by the Sydney Metro Environmental Manager

How Consultation could be undertaken as either an on-site inspection or via good quality photos sent to the nominated technical specialist of 1) the remains and 2) the site general site location of the discovery

Actions Contact nominated technical specialists to confirm that the remains are a) human b) burial context (archaeological or forensic) and c) suspected ancestry (Aboriginal or non-Aboriginal)

For the duration of the Sydney Metro project the nominated technical specialists are

Forensic Anthropologist ndash TBC by contractor for project area

Nominated Excavation Director ndash TBC by contractor for project area

Sydney Metro Environmental Manager to conduct and or oversee liaison with NSW Police

The archaeologist may be able to identify the nature of remains without input from the Forensic Anthropologist The Forensic Anthropologist should be contacted as required

Notification based on jurisdiction (forensic or archaeological)

Once confirmation is received from the technical specialist that the remains are of human origin there are three possible statutory pathways to follow based on the assessment

What Forensic case remains are less than 100 years old

Who If it is determined by specialist assessment (Step 2) that the remains are forensic the remains come

under the jurisdiction of the State Coroner and the Coroners Act 2009

How The NSW Police would likely secure the site and will advise on the procedure to be followed

Actions Environmental Manager to liaise with NSW Police

What Archaeological ndash non-Aboriginal human remains -more than 100 years old

Who Follow the Archaeology Exhumation Methodology as set out in Step 4 below

How Follow the Archaeology Exhumation Methodology as set out in Step 4 below

Actions Follow the Archaeology Exhumation Methodology as set out in Step 4 below

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What Archaeological ndash suspected Aboriginal human remains -more than 100 years old

Who Recording of Aboriginal ancestral remains must be undertaken by or conducted under the direct supervision of a specialist with RAPs present

How The RAPs must be present where it is reasonably suspected that Aboriginal burials or human remains have been encountered

Actions Notify RAPs and follow ACHAR Notification to Heritage NSW

Follow the Archaeology Exhumation Methodology as set out in Step 4

32 Archaeological Exhumation Methodology

The following section provides the archaeological methodology for exhumation and the appropriate handling of human remains

Securing the Site

The strategy for the excavation and removal of human remains must be sensitive to public opinion and ethical issues and exhumation activities should not be visible to the general public The site may need to be screened off from public areas not only with hoarding but also in some cases with a roof to screen the site off from overlooking buildings At all times human remains should be treated with respect and dignity The perimeter of the excavation site should be demarcated by plastic tape or flagging with only technical staff allowed within this area for the duration of exhumation activities

The site should be protected from the elements including flooding contamination with dust or debris and other disturbance These measures would be formulated by the Excavation Director in consultation with the contractor and Sydney Metro where required and may differ from site to site

Excavation Director

Archaeological investigations are to be managed by a suitably qualified Excavation Director with experience in the historical archaeology of Sydney and the excavation and management of human remains For sites with potential for locally significant remains the Excavation Director should meet the NSW Heritage Council criteria for locally significant archaeological sites For sites with potential for State significant archaeology the Excavation Director should meet the NSW Heritage Council criteria for State significant archaeological sites

Excavation and recording

Exhumation and recording is to be undertaken in accordance with best practice forensic and Heritage Council guidelines Prior to removal the remains should be fully recorded in situ to understand their surrounding archaeological context This will include recording any disturbances to the burial and the identification of bones present In some cases the deposit of bones may be a mixture of articulated and disarticulated remains Care should be taken to distinguish articulated remains and to assess if they represent commingled individuals or disturbed remains belonging to one individual and to record them accordingly

Recording

A standard context recording system would be employed

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Detailed survey andor measured drawings would be prepared and include location of remains within the overall site (position of the body the direction of the burial noting any stratigraphic relationships with other archaeological features)

Any associated artefacts (potential grave goods burial furniture) would be recorded and collected by context for later analysis

Digital photography in RAW format using photographic scales and photo boards where appropriate A photographic record of all phases of the work on site would be undertaken

Registers of contexts photos samples and drawings would be kept

Excavation

Detection of the extent of the graveremains (if disarticulated)

Surface soils removed in excavation units of 100mm (site dependent) using small hand tools

Expose remains with soft paint brushes and pedestal the remains

Record position and depth of remains

Soil removed would be sieved through 3mm mesh to examine for teeth and bone fragments

Soil samples may be taken from the abdominal andor chest areas of the body (articulated remains) to retrieve further evidence

Exhumation must be under the control of the Excavation Director with the assistance of a Forensic Anthropologist if required Exhumation permits provided by NSW Ministry of Health may also require the presence of an authorised officer or a member of staff of the Ministry of Health

Further excavation of the bottom of the pit (grave) following removal to confirm the absence of further remains

Relocation of bones

Removal and collection of skeletal remains to follow standard forensic practice of labelling

Remove remains from the ground systematically and place in plastic bags according to anatomical areas of the body

Bags should not be air-tight and should have ventilation holes to prevent deterioration of fragile skeletal material Each bag should contain labels and the separate bags should then be placed in a large plastic bag crate or box labelled with the context information

The remains should be placed in a sturdy large cardboard box (approximately 600 x 300 x 200 mm) for relocation to off-site processing location

Resume work

Construction work may only recommence upon receipt of clearance certificate from the Excavation Director and may require additional NSW Ministry of Health approval If a forensic case written authorisation from the NSW Police is required

Reporting

A report would be prepared following the completion of the program of exhumation works separate to the archaeological excavation report for the project This report would include skeletal analysis catalogue comprehensively describe the process of exhumation detail

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(Uncontrolled when printed)

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Sydney Metro Exhumation Procedure v40 (final)

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the recording of the remains and synthesise the results of any further laboratory testing An assessment of significance for the remains would be provided and interpreted within the context of the archaeological research design (response to research questions)

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Sydney Metro Exhumation Procedure v4 (Final)

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Figure 2 Exhumation Procedure Flow chart

Page 13 of 24

Discovery of bone

Non-human remains

Archaeologist to investigate and work not

to recommence until instrcuted by ED

Work only to recommence when clearance given by Excavation Director

Human Remains

Forensic

Sydney Metro Environmental

Manager to advise NSW POlice

Archaoelogical work not to recommence until clearance given

by NSW Police or Coroner

Aboriginal

Sydney Metro Environmental Manager to advise NSW Policye notify RAPs and follow

ACHAR

Archaoelogical work not to

recommence until clearance firven by

NSW Police or Coroner

Non Aboriginal

Sydney Metro Environmental Manager to notifiy NSW Policce Heritage NSW and DPIE

Sydney Metrocontractor to apply to Secretary of

Health to exhume

Exhumation of human remains by nominated ED Construction work not to commence until

ED issues Clearance Certificate

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

4 Excavation and post-excavation tasks

The following tasks relate to responses to the identification of human remains on site All management should be in accordance with the AARD and relevant Archaeological Method Statement (AMS) and be overseen by the Excavation Director The Excavation Director would nominate a Forensic Anthropologist where required

41 Research Questions

The following research questions should be used guide exhumations should intact burials disarticulated remain burial cuttings or associated material culture be uncovered during works

The research questions are a guide only and could be added to or amended by the Excavation Director depending on the nature of the find

Social History and Burial Practices

Does the location of the burialburial cutting correspond with historic plansdescriptions Are these sources reliable

Is there evidence of exhumation

Do graves cut into older ones What can this tell us about nineteenth century burial practices and how does this compare to other excavated cemetery sites in the region

What is the distance between burials (if multiple burials uncovered) Does this conform to known nineteenth century burial practices

What type of fill was used within grave cuttings What can this tell us about the surrounding environment and burial practices at the time

What materialstree species were used to produce coffins Can coffin manufacturing techniques or fastening methods (use of mortar screws nails tacks) be identified Does this match known burial practices of the time If alternative methods are identified what can this tell us about the manufacturer or economicsocial landscape

Can the class or rank of the individual be identified via coffin materials grave goods or clothingshrouds

Which direction is the burial orientated How does this correspond with the knownhypothesised location of denomination areas

If the burial is associated with additional individuals can a familial relationship be assessed through DNA or other genetic markers identifiable within the skeletal remains (eg impacted third molar)

Can an exchange between burial practices in Britain and colonial Sydney be identified through the burial remains Is there evidence for alternative burial practices associated with additional cultures

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Environmental Factors and Scientific Analysis

What is the condition of the bones How does their condition compare to known or nearby burials of the same age What environmental or human factors may have influenced the decomposition process

Can the health nutrition sex race stature or age be identified through the skeletal remains Is there evidence of trauma on the bones Is there evidence of pathology on the bones (eg syphilis tuberculosis tumours)

If archaeobotanical analysis is carried out what can it tell us about the surrounding environment and nearby plant species Can prepost-European landscapes be determined within the archaeobotanical record

Can stable isotope analysis address any questions regarding diet country of origin and nutrition

Can DNA testing address any questions not answerable by the skeletal remains themselves such as sex familial relationships (if buried with another individuals) or race

Is there potential for DNA to be tested against any individuals who may come forward as a descendant of the deceased

42 Process for DNA Testing Isotope Analysis and Environmental Sampling

Pre-Excavation

The Excavation Director in consultation with the Forensic Anthropologist will nominate a suitable laboratory prior to works commencing Approval for the analysis of skeletal remains soil samples and material samples from the laboratory would also be sought prior to works commencing

Excavation

In order to prevent cross-contamination the following sample collection and excavation process should be followed

The location quantity and material (bone teeth hair soil wood) of samples will be determined by the Excavation Director or Forensic Anthropologist prior to its collection

Samples would be stored in a safe secure and climate controlled location while excavations are in progress This would be chosen by the Excavation Director or Forensic Anthropologist on site

Each collected sample would be given a unique catalogue number and a sample register would be recorded throughout the excavation

ldquoClean Excavationrsquo procedures would be followed during the excavation of burials and during the sample collection process7 This would include

7 Guidelines for lsquoclean excavationrsquo are based on procedures outlined in Yang D Y amp Watt K 2005

Contamination controls when preparing archaeological remains for ancient DNA analysis Journal of Archaeological Science vol 32 pp 331ndash336 and Society for Historical Archaeology 2015-2017 Research and Analysis of Artefacts Accessed online at httpsshaorgconservation- factsfaqanalysisC on 2552017

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Latex gloves would be worn by individuals excavating andor handling bone or soil samples Gloves would be changed for each bone andor individual to prevent cross-contamination

Excavation toolsbrushes would be cleaned prior to and after the collection of each sample to prevent cross-contamination

In some cases a face mask would be worn when samples for DNA analysis are being collected

Bone samples for DNA testing would be collected with surrounding in situ soil and should not be cleaned prior to bagging

It may be necessary for individuals involved in sample collection to submit DNA for comparison in the event of cross-contamination and

All bags containing samples for analysis would be bagged and labelled appropriately to prevent cross contamination and ensure they are handled and stored correctly

Post-Excavation

On completion of excavations samples will be transported to nominated laboratories for analysis A record of their location will be kept

43 Reporting

The results of the investigation of human remains and the exhumation will be included in the archaeological reporting for the project in accordance with the project AARD

Once finalised all archaeological excavation and data analysis reports will be submitted to

The relevant local Council and Library

The Heritage Office Library

The State Library of NSW and

Made available online for public access and educational purposes

Further if significant remains are identified during excavations the results and findings would be published in academic journals and conference papers where feasible

44 Public Involvement

Archaeological excavations may uncover remains directly associated with early settlement and burial practices Such remains are likely to generate public interest

Public involvement may include

Media releases

Public Open Days

Preparation of brochures detailing the archaeological excavations

Interpretive signage and online blog posts or site diaries while excavations are taking place and

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

The preparation of a Heritage Interpretation Plan designed to provide interpretation of the site within the new development upon the completion of works

Due to sensitive nature of human skeletal remains these recommendations would be adapted and modified as appropriate under the direction of Sydney Metro and the Excavation Director

Such recommendations would also be considered and require approval from relevant Stakeholder Groups such as known or potential descendants of the deceased NSW Heritage Heritage Council local Council and interest groups

45 Temporary Storage and Permanent Repository or Resting Place for Remains

Temporary Storage

Upon the completion of archaeological excavations skeletal remains should be boxed separately and temporarily stored within a safe secure and temperature controlled environment to allow for further analysis of the remains This location would be chosen by the Excavation Director and the Forensic Anthropologist and comply with NSW legislative requirements

Permanent Repository or Resting Place for Remains

A permanent repository or resting place for remains is dependent on the nature and volume of skeletal remains As this cannot be determined prior to excavations taking place the following recommendations should act as guidelines only Final arrangements would be dictated by Sydney Metro the Excavation Director Forensic Anthropologist identified descendants of the deceased andor Stakeholder Groups upon the completion of excavations and subsequent analysis

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

5 Definitions

All terminology in this Procedure is taken to mean the generally accepted or dictionary definition Other terms and jargon specific to this Procedure are defined inhttpsicentraltdocstransportnswgovauotcscsexeappnodes3574566

6 Related Documents and References

Related Documents and References

na

7 Superseded Documents

Superseded Documents

Exhumation Management Plan Version 22

Exhumation Management Plan Version 30

8 Document History

Version Date of approval Notes

11 May 2017 New IMS document

20 July 2017 Incorporates Stage 2 (Section 3)

21

February 2019

Extended for Metro Program wide application includes changes specific Central Station management incorporates comments received from the State Coronerrsquos Office NSW Police NSW Health Sydney Metro Environmental Environmental Representatives engaged on the Central site and the Office of Environment and Heritage

22 February 2019 Incorporates comments received from Artefact Heritage and Denise Donlan issued to Health and OEH HD for consultation

30 May 2019 Incorporates Health Coroner and OEH comments

40 April 2020 Updates to remove specific references to City and South West and Central Station

Change of title to ldquoProcedurerdquo

Update to references

9 Schedule of Acronyms

Acronym Meaning

AARD Archaeological Assessment and Research Design

ACHAR Aboriginal Cultural Heritage Assessment Report

AMS Archaeological Method Statement

CSSI Critical State Significant Infrastructure

ER Environmental Representative (Independent)

ExMP Exhumation Management Plan (this plan)

OEH Office of Environment and Heritage

PHU Public Health Unit

RAPs Registered Aboriginal Parties

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Appendix 1

NSW Heath Policy Directive for Exhumation of Human Remains

Policy Directive

Ministry of Health NSW 73 Miller Street North Sydney NSW 2060

Locked Mail Bag 961 North Sydney NSW 2059 Telephone (02) 9391 9000 Fax (02) 9391 9101

httpwwwhealthnswgovaupolicies

Exhumation of Human Remains

Document Number PD2013_046

Publication date 05-Dec-2013

Functional Sub group Population Health - Environmental

Summary This document provides the policy to be observed by NSW Health in receipt of an application to seek permission for approval of the exhumation of human remains under clauses 69-72 of the Public Health Regulation 2012 This Policy Directive will provide the conditions on which approvals may be granted for exhumation of human remains

Replaces Doc No Burials - Exhumation of Human Remains [PD2008_022]

Author Branch Environmental Health

Branch contact Environmental Health 94245823

Applies to Local Health Districts Environmental Health Officers of Local Councils Ministry of Health Public Health Units Public Hospitals

Audience Authorised officers from Public Health Units and local councils

Distributed to Public Health System Environmental Health Officers of Local Councils NSW Ambulance Service Ministry of Health Public Health Units Public Hospitals

Review date 05-Dec-2018

Policy Manual Patient Matters

File No 081292

Status Active

Director-General

This Policy Directive may be varied withdrawn or replaced at any time Compliance with this directive is mandatory for NSW Health and is a condition of subsidy for public health organisations

POLICY STATEMENT

Issue date December-2013 PD2013_046 Page 1 of 2

EXHUMATION OF HUMAN REMAINS

PURPOSE

This document provides the policy to be observed by Public Health Units located in Local Health Districts on receipt of an application to seek permission for approval of the exhumation of human remains under the Public Health Regulation 2012 Common reasons for exhuming bodies include to repatriate the remains overseas or to relocate the body to another cemetery plot or vault

MANDATORY REQUIREMENTS

Under Clause 69 of the Public Health Regulation 2012 a person must not exhume a body unless the exhumation of the remains has been approved by the Director-General

An application for approval to exhume the remains of the body of a dead person may be made to the Director General by

An executor of the estate of the dead person

The nearest surviving relative of the dead person

If there is no such executor or relative available to make the application a person who in the opinion of the Director-General is a proper person may make the application

An application is to be made in the approved form and it is to be accompanied by

A certified copy of the death certificate relating to the dead person

A statutory declaration as to the relationship of the applicant to the dead person and the dead persons wishes if any regarding the disposal of his or her body

An application fee

Under Clause 71 of the Public Health Regulation 2012 the Director-General may

Grant an approval to exhume the remains of a body

Refuse the application

Under Clause 72 an exhumation cannot take place without an authorised officer or a Ministry of Health staff member present A person must not proceed with an exhumation if the authorised officer or Ministry of Health staff member who is present at the exhumation orders the exhumation to stop

Under Clause 78 if the applicant seeks to have the exhumed body cremated a separate application can be made for an exemption from providing the required cremation documentation provided the body has been buried for longer than 10 years The minimum 10 year period is strictly enforced An application under this clause is to be accompanied by a fee of $100

IMPLEMENTATION

Authorised officers in Public Health Units of Local Health Districts are responsible for assessing applications for exhumation of human remains and either approving with a set of conditions or rejecting the application Authorised officers should ensure that all of the required document has been submitted with the application fee and that an appropriate person has applied for the application The approval granted is valid for a period of three months after the approval is granted

POLICY STATEMENT

Issue date December-2013 PD2013_046 Page 2 of 2

REVISION HISTORY

Version Approved by Amendment notes

December 2013 PD2013_046

Deputy Director- General Population and Public Health

This document is an updating of the original document due to legal changes under the Public Health Regulation 2012

23 April 2008 PD2008_022

Director-General This document provided the policy to be observed by NSW Health in receipt of an application to seek permission for approval of exhumation of human remains under clauses 25 ndash 28 of the Public Health (Disposal of Bodies) Regulation 2002 It provided the conditions upon which approvals could be granted for the exhumation of human remains

ATTACHMENTS

1 Exhumation of Human Remains Procedures

Exhumation of Human Remains PROCEDURES

Issue date December-2013

PD2013_046

Exhumation of Human Remains

Issue date December-2013 PD2013_046 Contents Page

PROCEDURES

CONTENTS

1 BACKGROUND 2

11 Introduction 2

12 Key definitions 2

13 Legal and legislative framework 3

2 APPLICATION REQUIREMENTS 6

3 APPROVAL BY PUBLIC HEALTH UNITS 7

31 Delegation 7

32 Special Considerations on Exhumation Approval 7

33 Conditions of Approval 8

34 Approval Instrument 8

35 Notification of Approval 8

36 Refusals 8

37 Cremation of Remains 8

APPENDIX 1 10

APPENDIX 2 11

APPENDIX 3 12

APPENDIX 4 13

APPENDIX 5 14

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 2 of 14

1 BACKGROUND

11 Introduction

Exhumation of human remains may occur for a number of reasons including

To satisfy family wishes where the family of the deceased person may want the remains to be moved to another burial ground to another part of the state or country or abroad or even to have the remains cremated

To obey Coronial orders requiring exhumation for forensic (criminal) investigation

To enable the use of closed cemeteries for redevelopment or for the construction of new infrastructure such as a road or airport

A variety of people including authorised officers cemetery authorities and funeral directors are involved at different stages of exhumation procedures

Public Health Units (PHUs) of Local Health Districts (LHDs) in NSW facilitate the approval for an exhumation however there is no obligation to proceed with an exhumation once it has been approved

The objectives of this document are

To assist authorised officers with processing applications to exhume

To standardise the management of an exhumation so as to prevent a public health risk and protect community amenity in the handling of remains

12 Key definitions

These definitions are repeated from the Public Health Act 2010 and Public Health Regulation 2012 for clarity

Body Means the body of a dead person but does not include

the cremated remains of the person

Burial Includes putting the body in a vault

Cemetery Authority Means the person or body that directs the operations of a cemetery

Coroner Means a person who exercises or performs the functions of a coroner in accordance with the Coroners Act 2009

Dead person Includes a still-born child (see definition of Still birth)

Exhumation Means the removal of a dead personrsquos remains (not being cremated remains) from a grave or vault but does not include their removal from one vault for immediate transfer to another vault in the same cemetery or their temporary removal for the purposes of reburial in the same grave or vault

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 3 of 14

Funeral director Means a person (other than the operator of a mortuary transport service) who in the conduct of the personrsquos business engages for the purpose of burial cremation or transport in the collection transport storage preparation or embalming of bodies or engages in the conduct of exhumations

Prescribed infectious diseases

Means any one of the following diseases avian influenza in humans diphtheria plague respiratory anthrax smallpox severe acute respiratory syndrome tuberculosis and any viral haemorrhagic fever (including Lassa Marburg Ebola and Congo-Crimean fevers)

Proper person The Director General has the power to decide whether a person is a lsquoproper personrsquo to make an application to exhume the remains of a dead person

Nearest surviving relative

Means (a) In relation to a still-born child a parent or sibling at or above the age of 16 years of the child (b) In relation to a dead person who is not a still-born child ndash the spouse or de facto partner of the dead person immediately before death a parent of the dead person a child at or above the age of 16 years of the dead person or any relative of the dead person who was residing with the dead person when he or she died

Still-birth Consistent with the Births Deaths amp Marriages Act 1995 means the birth of a child that exhibits no sign of respiration or heartbeat or other sign of life after birth and that (a) Is of at least 20 weeksrsquo gestation (b) If it cannot be reliably established whether the period of gestation is more or less than 20 weeks has a body mass of at least 400 grams at birth

13 Legal and legislative framework

Public Health Regulation 2012

Division 4 of Part 8 of the Public Health Regulation 2012 provides specific regulation for the exhumation of bodies

Clause 69 Exhumation without approval prohibited

(1) A person must not exhume the remains of a body unless the exhumation of those remains has been

(a) Ordered by a coroner

(b) Approved by the Director-General

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 4 of 14

(2) However a funeral director may without a coronerrsquos order or Director-Generalrsquos approval transfer a coffin from a vault in a cemetery to a mortuary for the purpose of the coffin being immediately repaired and returned to the vault

(3) A funeral director must return the coffin to the cemetery within 24 hours of its transfer

Clause 70 Application to exhume remains

(1) An application for approval to exhume the remains of the body of a dead person may be made to the Director-General by

(a) An executor of the estate of the dead person

(b) The nearest surviving relative of the dead person

(c) If there is no such executor or relative available to make the application a person who in the opinion of the Director-General is a proper person in all the circumstances may make the application

(2) An application is to be made in the approved form and is to be accompanied by

(a) A certified copy of the death certificate relating to the dead person

(b) A statutory declaration as to the relationship of the applicant to the dead person and the dead personrsquos wishes if any regarding the disposal of his or her body (so far as any such wishes are known to the applicant)

(c) An application fee (please check with the PHU for the current fee)

(3) In this clause death certificate means a certificate given by a medical practitioner as to the cause of death or issued under the Births Deaths and Marriages Registration Act 1995

All applications to exhume remains must be made in writing using an approved form to the Director of the local Public Health Unit that acts on behalf of the Director-General of the NSW Ministry of Health The application fee may increase periodically in line with the Consumer Price Index

Clause 71 Approval to exhume remains

(1) The Director-General may

(a) Grant an approval to exhume the remains of a body subject to any conditions specified in the approval

(b) Refuse the application

(2) An approval granted under this clause remains valid for three months from the date of the approval or for a period agreed to by the Director-General

The PHU is not bound to approve the application The PHU may approve subject to conditions or refuse the application An approval is normally given for 3 calendar months and this date will be specified in a schedule of conditions attached to the approval document Any further extension of time may require re-application and re-approval An approval initially for longer than three calendar months should be negotiated with the PHU

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 5 of 14

Clause 72 Exhumation not to take place without authorised officer present

(1) A person must not proceed with an exhumation unless an authorised officer or a member of staff of the Ministry of Health is present at the exhumation

(2) A person must not proceed with an exhumation if the authorised officer or Ministry staff member who is present at the exhumation orders the exhumation to stop

The grave may be excavated to the lid of the coffin but nothing must be disturbed until the arrival of the authorised officer An authorised officer must be present at the exhumation to ensure that the correct interment is opened to ensure that all of the remains are exhumed and to enforce the protection of public health should this be necessary The authorised officer has the power to order that the exhumation be stopped immediately under adverse circumstances An example of where this may occur is where the weather is very poor with heavy rain The initial order to stop is to be given verbally and then confirmed in writing to all parties involved within 24 hours

Division 5 of Part 8 of the Public Health Regulation 2012 provides for cremation of deceased persons

Clause 78 No cremation without documentation

Clause 78 does not apply to a cremation of the body of a dead person that has been buried for at least 10 years if the cremation is carried out in accordance with an exemption granted by the Director-General following an application by

1) An executor of the estate of the dead person

2) The nearest surviving relative of the dead person

3) If there is no such executor or relative available to make the application a person who in the opinion of the Director-General is a proper person in all the circumstances to make the application

This is a new addition to the Exhumation section of the Regulation that may be used where a person makes a separate application to have the exhumed body cremated following the exhumation

Note The Director-Generalrsquos authority under Clause 78 (4) of the Public Health Regulation 2012 (Delegations Manual page 866 delegation (PH590)) is the power to decide whether a person is a ldquoproper personrdquo to make an application in the absence of an executor or surviving relative

Work Health and Safety Act 2011

The Work Health and Safety Act 2011 and Code of Practice for Excavation provisions apply to protect personnel involved in the exhumation procedure by creating and maintaining safe and healthy work practices Graves crypts and vaults could be considered to be confined spaces in some circumstances under health and safety legislation The Work Health and Safety Act 2011 makes reference to working in confined spaces

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 6 of 14

WHampS matters are enforced by WorkCover NSW More information on safe work practices is available at httpwwwworkcovernswgovaudefault or by contacting Workcover NSW direct on 13 10 50

Heritage Act 1977

The Heritage Act 1977 and Guidelines for the Management of Human Skeletal Remains under the Heritage Act 1977 applies to relic burials Any burial site over 50 years old is considered to be relic under the Heritage Act If the site is listed on the State Heritage Register then approval is required from the Heritage Council of NSW

An application must be made to the Heritage Office before any disturbance removal or work commences on the site Approval for an exhumation under the Public Health Regulation 2012 does not obviate the necessity to obtain approval under the Heritage Act 1977 For further information contact the Heritage Office of NSW or visit httpwwwheritagenswgovau

Coronerrsquos Act 2009

A coroner may order an exhumation for the purposes of forensic investigation or a criminal investigation Such an order is outside the ambit of the Public Health Regulation 2012 The Police may request that an authorised officer from the Ministry of Health or the local Public Health Unit be present at the coronial exhumation

Births Deaths and Marriages Registration Act 1995

Section 41(2) of the Births Deaths and Marriages Registration Act 1995 requires that if human remains (other than cremated remains) are removed from NSW the funeral director or other person who arranges for the removal of the remains from NSW must within 28 days of disposal of the remains outside NSW give the Registrar notice of the new location of interment The act is available at httpwwwaustliieduauaulegisnswconsol_actbdamra1995383 The Registry of Births Deaths and Marriages may be contacted via httpwwwbdmnswgovau

2 APPLICATION REQUIREMENTS

An application for permission to exhume the remains of a deceased person is to be made to the PHU on the approved form which is contained at the NSW Ministry of Health website at httpwwwhealthnswgovauenvironmentdotdDocumentsform-c70- application-to-exhumepdf

The application must be made by either

An executor of the estate of the deceased

The nearest surviving relative

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 7 of 14

If there is no such executor or relative available to make the application a person who in the opinion of the Director-General is a proper person in all the circumstances to make the application

The application must be accompanied by

A certified copy of the death certificate (death certificate issued by the Registry of Births Deaths and Marriages)

A statutory declaration that states

The relationship between the applicant and the deceased or the reason the applicant is the proper person to make the application

If the deceased left any instructions regarding the disposal of their bodyremains if known

In addition to the above an applicant should declare that he or she has consulted each nearest surviving relative and that they have no objection to the proposed exhumation

An application fee (please check with the PHU for the current fee)

Note If there is no agreement amongst nearest surviving relatives the applicant should seek independent legal advice regarding this issue The applicant should advise if there is an intention to cremate the body following the body being exhumed and the appropriate form completed

3 APPROVAL BY PUBLIC HEALTH UNITS

Approval by PHUs for an exhumation must be given by formal correspondence

31 Delegation

The Director-Generalrsquos authority under clauses 69(1) 70(1)(c) and 71 of the Public Health Regulation 2012 has been delegated to the Chief Health Officer Director Health Protection Public Health Officer or Public Health Unit Director as appointed under Section 121 of the Act (delegation PH308 PH309)

32 Special Considerations on Exhumation Approval

Special consideration should be given to the approval of an exhumation if the deceased was infected with a prescribed infectious disease For example if the deceased was infected with diphtheria or tuberculosis exhumation should not permitted in the first year of interment

Although not prohibited an exhumation of the remains of a body that was buried without a coffin will be approved only where the cemetery authority and funeral director have agreed to proceed with the exhumation especially during the first three years of interment

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 8 of 14

33 Conditions of Approval

After due consideration of the application and the statutory declaration(s) the PHU should then consider applying appropriate conditions to facilitate an approval

There are two standard sets of approval conditions which can be applied as appropriate

Appendix 2 ndash Schedule A - Conditions of Approval for Exhumation from a Grave

Appendix 3 ndash Schedule B - Conditions of Approval for Exhumation from an Above Ground Structure

Any other additional conditions that are deemed necessary to permit the exhumation may be added to schedule A or B based on the individual circumstances of the exhumation If some conditions are unwarranted they may be removed from the relevant schedule

34 Approval Instrument

An approval must be in writing and must be signed the Director General or their delegate A template to assist in the approval process can be found at Appendix 4 This template is to be completed by the Authorised Officer in order to facilitate approval by the delegate

35 Notification of Approval

The approval instrument is retained on file as a record that approval was granted by the Director General or their delegate Therefore it is necessary to advise the applicant the cemetery authority and the funeral director of the approval

The attached letter templates may be used for approval notification of the exhumation to the applicant funeral director and Cemetery Authority

Appendix 5 ndash Sample Letter to Applicant

Appendix 6 ndash Sample Letter to the Cemetery Authority and Funeral Director

36 Refusals

If after due consideration the application is to be refused then the applicant should be notified in writing specifying the reasons for refusal Ideally the applicant should consult the PHU in the first instance to discuss the requirements and possible restrictions on an application to exhume

37 Cremation of Remains

Division 5 of Part 8 of the Public Health Regulation 2012 sets out the requirements for documentation for cremations in NSW and includes the requirement for a cremation application form a cremation certificate and the cremation permit The documentation confirms the identity of the body to be cremated and the cause of death and ensures that a coronerrsquos investigation has been conducted where necessary

After the body is exhumed the next of kin may wish to have the body cremated However there may be cases whereby the body does not have the required paperwork necessary for cremation Clause 78 of the Public Health Regulation 2012 provides an exemption for

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 9 of 14

the required documentation for cremation where the body has been buried for longer than 10 years An application under this clause is to be accompanied by a fee

The Director General has the power to approve an exemption and the executor or the nearest surviving relative or another proper person may make application on form lsquoApplication for Exemption by the Director ndash General to the Requirement for Documentation for Cremation to Proceed Permission for Cremation of Exhumed Remains of a Body Buried more than 10 years ago with statutory declarationrsquo The minimum 10 year period will be strictly enforced and this matter should be clarified prior to any exhumation approval where it is planned for the remains to be subsequently cremated The application form is available at httpwwwhealthnswgovauenvironmentdotdDocumentsform-c78-application-for- exemptionpdf

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 10 of 14

APPENDIX 1

Schedule A

CONDITIONS OF APPROVAL FOR EXHUMATION FROM GRAVE

1 The exhumation is to be carried out in the presence of a Public Health Unitrsquos authorised

officer or other authorised officer of the NSW Ministry of Health or Local Council authorised Officer and person appointed by Cemetery Authority

2 At least 48 hoursrsquo notice of the exhumation arrangements shall be given to the Public Health Unit

3 Day and time of the exhumation shall be arranged by the participating parties and agreed

to by the Public Health Unit

4 The approval granted is valid for a period of three months and shall lapse on unless a further approval is granted

5 The presence of any relative of the deceased at the exhumation is strictly prohibited

6 No animals are to be permitted within the exhumation site

7 The cemetery authority and funeral director shall be responsible for the work health and safety of all persons involved in the exhumation and shall ensure that all NSW WorkCover requirements are complied with

8 If during the course of the exhumation it is determined necessary to stop the exhumation

by either the exhumation supervisor cemetery manager or authorised Officer for any valid reason eg work health and or public health risk then the exhumation must cease

9 The remains of the deceased shall be enclosed in a body bag and placed into a new coffin

with a name plate attached inscribed with the name of the deceased

10 The remains of the original coffin are to be placed in the new coffin where possible Where there is an excess of remains of the original coffin these remains should be disposed in a sanitary and agreed manner

11 Excavated soil should be back filled The soil that was removed from immediately above

and around the coffin should be replaced first

12 If the exhumed remains are to be transferred to another cemetery a funeral director shall be contracted to transfer the remains from the cemetery grounds or carry out preparatory work for the safe reinterment of the remains

13 The exhumation will not proceed during or following a period of heavy rainfall within the preceding 24 hours of the appointed time of exhumation The cemetery manager is to confirm that satisfactory conditions exist for the exhumation to proceed two hours prior to the commencement of the exhumation

14 Used disposable protective equipment and materials are to be placed in a sealed plastic

bag and disposed of in a sanitary manner

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 11 of 14

APPENDIX 2

Schedule B

CONDITIONS OF APPROVAL FOR EXHUMATION FROM ABOVE GROUND STRUCTURE

1 The exhumation is to be carried out in presence of a Public Health Unit authorised officer or other authorised officer of the NSW Ministry of Health or Local Council authorised Officer and person appointed by Cemetery Authority

2 At least 48 hoursrsquo notice of the exhumation arrangements shall be given to the Public Health Unit

3 Date and time of the exhumation shall be arranged by the participating parties and agreed to

by the Public Health Unit

4 An approval granted is valid for a period of three months and shall lapse on unless a further approval is granted

5 The cemetery authority and funeral director shall be responsible for the work health and safety of all persons involved in the exhumation and shall ensure that all NSW WorkCover requirements are complied with

6 If during the course of the exhumation it is determined necessary to stop the exhumation by

either the exhumation supervisor Cemetery Manager or authorised officer if for any valid reason eg worker health andor public health risks then the exhumation must cease

7 Used disposable protective equipment and materials are to be placed in a sealed plastic bag

and disposed in a sanitary manner

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 12 of 14

APPENDIX 3

LETTERHEAD

APPROVAL INSTRUMENT TEMPLATE

Public Health Unit Environmental Health Section

File Number [XXXXX]

PURPOSE To approve of the exhumation of the late

RECOMMENDATION

Approval is granted by the Director General pursuant to clause 71(1)(a) Public Health Regulation

2012 to [NAME OF APPLICANT] to exhume the remains of the late [NAME OF DECEASED]

KEY ISSUES

[DETAILS OF THE APPLICATION STATUTORY DECLARATION RELEVANT ISSUES

MANAGEMENT PLAN AND JUSTIFICATION OF SUGGESTED CONDITIONS ARE TO BE

INCLUDED HERE]

BACKGROUND (TO BE COMPLETED BY PHU)

CONSULTATION (TO BE COMPLETED BY PHU WHERE APPROPRIATE)

The approval be subject to compliance with the conditions specified in Schedule A Schedule B

and to expire on

Signature Authorised officer

Author Telephone Date

1 Authorised officer

2 Public Health Unit Director Public Health Officer [SIGN AND DATE]

Approved via delegation from the Director-General PH308 PH309 page 863 Public

Health Delegations Manual under clause 69(1) and 70(1) (C) Public Health Regulation

2012

3 Authorised officer

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 13 of 14

APPENDIX 4

LETTERHEAD

SAMPLE LETTER TO APPLICANT

[APPLICANTrsquoS NAME] [ADDRESS]

Dear [APPLICANTrsquoS NAME]

Reference is made to your application of [DATE] requesting approval to exhume the remains of

late [NAME OF DECEASED] from grave vault crypt No Section [NAME OF

PLACE OF INTERMENT OR CEMETERY] for the purpose of re-interment to [NAME OF PLACE

FOR RE-INTERMENT]

Approval has been granted by the Director-General pursuant to clause 71 (1) (a) Public Health

Regulation 2012 subject to compliance with the conditions specified in Schedule A Schedule B

attached

The funeral director and cemetery authority have been advised of the approval

Should you have any inquiries please contact the authorised officer [EHO] on [TELEPHONE] or (EMAIL ADDRESS)

Yours sincerely

[NAME] Public Health Unit DirectorPublic Health Officer

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 14 of 14

APPENDIX 5

LETTERHEAD

SAMPLE LETTER TO CEMETERY AUTHORITY AND FUNERAL DIRECTORS

[NAME] [ADDRESS]

[DATE]

Dear [NAME]

EXHUMATION OF THE REMAINS OF THE LATE [NAME OF DECEASED]

Approval has been granted for the exhumation of the late [NAME OF DECEASED] from grave

vault crypt No Section [NAME OF PLACE OF INTERMENT OR

CEMETERY] in accordance with clause 71(1) (a) of the Public Health Regulation 2012 and

subject to compliance with the conditions specified in Schedule A Schedule B attached

A copy of the approval letter is attached for your information

Should you have any inquiries please contact [Authorised Officer) on [TELEPHONE] or email address

Yours sincerely

[NAME] Public Health Unit DirectorPublic Health Officer

Unclassified

Sydney Metro Exhumation Procedure v40 (final)

Unclassified

Addendum 2

NSW Heath Permit Application form

copy Sydney Metro 2017 Page 23 of 24

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

APPLICATION TO EXHUME REMAINS PUBLIC HEALTH REGULATION 2012 Clause 70(2)

In accordance with the requirements of Clause 70 (2) of the Public Health Regulation 2012 I helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Full name of applicant)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby (Address)

apply for permission to exhume the remains of the late helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Name of deceased)

from Grave Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Section helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip being a single

interment within the helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCemetery for the purpose of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

I seek permission to exhume for the following reasons

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

The deceased (cross out which is not applicable)

was not known to be infected with a prescribed infectious disease as defined in clause 53 of the Public Health Regulation 2012 or

was known to be infected with a prescribed infectious disease as defined in clause 53 of the Public Health Regulation 2012

I am entitled to make this application because I am (tick one)

1 [ ] The executor of the estate of the deceased or

2 [ ] The nearest surviving relative of the deceased or

3 [ ] If there is no such executor or relative available to make the application another the proper person to make the application for the reasons set out below

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Full reasons for proper person to make application) Attached is

1 A certified copy of the death certificate of the deceased

2 A statutory declaration as to

My relationship to the deceased and

the wishes of the deceased regarding the disposal of the body (if known)

the reasons why the Director-General may consider me the proper person in all the circumstances to make the application (if applicable)

3 The application fee of $helliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicant)

The exhumation is to be supervised in strict accordance with the attached Plan of Management

by helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

employed with helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(Funeral DirectorCemetery)

in the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Form C70

Unclassified

copy Sydney Metro 2017 Unclassified Page 24 of 24

ExMP v30 (final)

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

bttp wwwshd nsw gay auQQpulat onhealthPubtic Healthhtml

NSW

Public Health Unit ll iI I

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 57 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 6 - Air Quality amp Dust Management Sub Plan Responsibility

Objectives amp Targets

Refer to the Site Objectives amp Targets (section 57 of this CEMP) Minimise gaseous and particulate pollutant emissions from construction activities as far as feasible and reasonable Identify and control potential dust and air pollutant sources

Project Manager

Performance Criteria

100 Compliance with Client amp legal requirements 100 achievement with Site Objectives amp targets 100 achievement of relevant Sydney Metro CEMF objectives

Project Manager

Mitigation Measures

General Site related dust identifiable fumes odours and vapours will not infringe beyond site boundaries where practical

Project Manager

Training and Competency

As part of the Site Induction workers will be informed of the Site specific controls required for air quality and dust management including - Correct use of PPE - Use of monitoring equipment - Methods to control dust

Project Manager

Greenhouse Gases

Regular maintenance of plant and equipment for optimum performance will be undertaken to keep emissions to a minimum and increase plant productivity

Vehicles and equipment must be fitted with appropriate emission control equipment and routinely maintained Plant should be switched off when not in use wherever practicable

All plant equipment and vehicles are to be regularly monitored and maintained and records kept of maintenance Engine tampering to increase power output is prohibited

Air emissions from plant vehicles and equipment should be visually monitored throughout construction

Comply with National Greenhouse Emission Reporting Scheme (NGERS) reporting requirements

Project Manager

Dark Smoke

All internal combustion engines will be regularly serviced to ensure optimum operation and minimise the volume of visible smoke emitted Any Plant or light vehicles emitting unreasonable smoke (concentrations higher than normal operation) will cease operation and be serviced by a trained and qualified technician

Materials on site will not be burned intentionally without consulting and obtaining the authorisation of the relevant Local Shire Fire Authority and Client The burning of any material on site should be a last option after alternative methods have been considered

All

Dust Monitoring

The following dust monitoring methods will be applied on the Site

Obtaining weather reports from the Bureau of Meteorology (BOM) website Visual inspection

Project Engineer

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 58 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 6 - Air Quality amp Dust Management Sub Plan Responsibility

Dust Control

Dust control methods to be applied on the site to keep dust generated within the site boundaries as reasonably practicable will be

- Wind fencing around the site or between the site and local residences - Application of waterdust suppressant via water carts - Hydro mulching to stabilise soils - Physical application of ground cover - Cessation of works in adverse weather conditions - Restricted speed limits on site - Reschedule dust generating activities to avoid adverse weather conditions - Communicate dust risk and mitigation measures to staff prior to commencing work

All

Fumes Odours and Vapours

The Site will endeavour to keep the generation of emission of unreasonable levels of fumes odours and vapours to a minimum Refer to the Waste Management Sub Plan and Hydrocarbon and Chemical Environmental Management Sub Plan which detail storage and handling controls that minimise fumes odours and vapours

All

Environmental Inspections amp Monitoring

Daily (Visual) and weekly (documented)

General observation for dust mitigation measures onsite Weekly inspections using Georgiou Beakon inspection form

All staff

Reporting HSEQ Monthly Management Meeting Monthly Environmental Performance Report

Project Manager

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 59 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 7- Noise Vibration and Light spill Management Sub Plan Responsibility

Objectives amp Targets

Refer to the Site Objectives amp Targets (section 57 of this CEMP) Minimise unreasonable noise and vibration impacts on residents and businesses Avoid structural damage to buildings or heritage items as a result of construction vibration Undertake active community consultation Reduce visual impact of construction to surrounding community Maintain positive cooperative relationships with schools childcare centres local residents and building owners

Project Manager

Performance Criteria

100 Compliance with Client amp legal requirements 100 achievement with Site Objectives amp targets 100 achievement of relevant Sydney Metro CEMF objectives

Project Manager

Mitigation Measures

Community

The nearest noise and vibration sensitive receivers will be notified of future works and expected levels of noise and vibration well in advance of the works occurring Notifications will be in accordance with the Community Communications Strategy

Information will be provided to the affected community before and during construction through media such as letterbox drops meetings or individual contact A website will also be established for the project to provide information

A toll-free 24hour project hotline will be provided for enquiries and complaints during the works

Sydney Metro and Georgiou Project Manager

Training and Competency

As part of the Site Induction workers will be informed of the site specific management required

for noise and vibration including

- Sensitive receivers - Hours of works - Correct use of plant and equipment - Monitoring requirements

Standard hours of construction

Approved standard hours of construction are Monday to Friday

7 am to 6 pm Saturday 8 am to 1 pm No work on Sundays or public holidays

Project Manager

Out of Hours works Any out of hourrsquos works will require a noise assessment and approval by Sydney Metro through the out of hourrsquos application (Appendix 7A)

Project Engineer Environmental Site Representative

Plant Equipment amp Vehicles

All operators of plant will comply with requirements of the Construction Traffic Management Plan in relation to parking and laydown access and egress to site haulage routes and general site traffic movements

Plant will be fitted with appropriate noise emissionvibration control equipment Plant will be fitted with adequate seat suspension

Plant Department

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 60 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 7- Noise Vibration and Light spill Management Sub Plan Responsibility

Plant should be switched off when not in use wherever practicable Tasks using equipment that causes vibration to hands will be rotated at intervals to reduce

exposure Consideration may be given to the use of anti-vibration PPE All plant equipment and vehicles are to be regularly monitored and maintained and records kept

of maintenance Any abnormalities in expected noise or vibration emissions will be recorded in the plantrsquos log

book and reported to the plant department Prioritise the use of hydraulic concrete shears jaw crushers coring and wire sawing in lieu of

rockbreakers for demolition of structures Use of smaller capacity rockbreakers or lower vibration generating rockbreakers Consider methods of isolating the vibration sensitive structure from the vibration intensive work

area by severing the vibration transmission path using non-vibration intensive means such a sawing

Lighting of construction areas (if required) would be orientated to minimise glare and light spill impacts on adjacent receivers

Monitoring

Continuous vibration monitoring will be undertaken whenever vibration generating plant will be working close to or within the recommended minimum working distances

When conducting vibration monitoring within or near the minimum working distances a warning system will be implemented including one or both of an audible andor visual warning alarm andor SMS andor email alerts to site staff

Attended noise monitoring will occur at the nearest noise sensitive receiver when - Requested by Sydney Metro - When noise levels are predicted to exceed the NML by more than 10dBA - When out of hours works continue past midnight - When noise complaints are received

Noise monitoring will determine if the predictions in the noise assessment were accurate

Project Engineer Environmental Site Representative

Environmental Inspections amp Monitoring

Daily (Visual) and weekly (documented)

General observation for noise and vibration mitigation measures onsite Weekly inspections using Georgiou Beakon inspection form

All staff

Reporting HSEQ Monthly Management Meeting Monthly Environmental Performance Report

Project Manager

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 61 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 7A ndash Sydney Metro Out of Hours Application form

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 1 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

Out of hours work application form

This form is to be used for formal review and approval of out of hours (OOH) work as it may affect Residential and non-residential receivers This form can be used in accordance with the SM-17-00005396 City amp Southwest out of hours work protocol Each OOH application and all applicable appendices must be submitted to Sydney Metro as one PDF file at least 15 business days prior to the commencement of the proposed OOH work

1 OOH Application

Sydney Metro Project

Eg City amp Southwest Greater West West etc

Contract

Contractor

Application Title

Eg lsquoSmith St service relocation worksrsquo

Application Number

Eg 1 2 3 etc

Application Date

Original submission date (resubmission date in parentheses if applicable)

Relevant Planning Approval

Environment Protection Licence (EPL)

If subject to an EPL state title and number

2 Proposed OOH Work Details

Description of works including

Work methodologies

List of plantequipment to be used (worst case scenario)

Location Map (andor Environmental Control Map) attached as Appendix 1 indicating location of works plantequipment locations and receivers (including distance to nearest receiver for noisiest plantequipment)

Traffic Management Plan andor Traffic Control Plan if applicable as Appendix 2

Timing of works

Including proposed datestimes works are planned to be undertaken outside standard hours

Worst-case number of consecutive occasions affecting the same receiver

Refer to Section 4 for definition of lsquooccasionrsquo

Justification

Demonstrate how the proposed OOH work has been scheduled in accordance with the OOH work period prioritisation list Program acceleration is generally not accepted as a justification

Unless specified otherwise in project-specific documentation the prioritisation of work time periods is as follows

Standard Hours 7am to 6pm weekdays and 8am to 1pm Saturdays (note that Standard Hours for works subject to the City amp Southwest Sydenham to Bankstown planning approval also include 1pm to 6pm Saturdays)

Daytime OOH 1pm to 6pm Saturdays and 8am to 6pm Sundays and Public Holidays

Evening OOH 6pm to 9pm every day

Night Time OOH 9pm to 7am weekday mornings and 9pm to 8am weekend and Public Holiday mornings

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 2 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

3 Assessed Noise and Vibration Impacts and Standard Mitigation Measures

Are the proposed works consistent with a prepared Construction Noise amp Vibration Impact Statement (CNVIS) (YN)

If lsquoNrsquo skip this section and move to Section 4

State the title of the CNVIS and attach the section(s) describing the noise and vibration impacts of the proposed works as Appendix 3

Quantitatively summarise the worst-case predicted noise and vibration impacts specific to the proposed OOH work for each OOH period on the nearest receivers and compare these against the respective management levels

For Night Time OOH Period works include a review of potential sleep disturbance impacts in accordance with Section 43 of the ICNG

Worst-case predicted noise impact summary

Worst-case predicted vibration impact summary

Potential sleep disturbance summary (for night time OOH periods only)

Using Table 4 and Table 5 indicate in Table 6

Which Additional Mitigation Measures (AMMs) are applicable for consideration

Which of those applicable for consideration are planned to be implemented

For AMMs that are applicable for consideration but not being implemented justify why the AMM is not being implemented

For AMMs that are being implemented provide details on how the AMM is being implemented (eg which receivers being offered respite alternative accommodation etc)

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 3 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

4 Non-Assessed Noise and Vibration Impacts

Skip this section if Section 3 has been completed in full

A quantitative noise assessment for OOH work is to be carried out in accordance with the Interim Construction Noise Guideline (DECC 2009) This section allows applicants to address these requirements through the following steps

1) Establishing Rating Background Levels (RBLs) and Noise Management Levels (NMLs)

2) Predicting the anticipated noise levels using a quantitative noise assessment

a Works that are not likely to generate high noise impacts for a significant duration may use a preliminary quantitative noise assessment (facilitated within this form) This ensures that all applications as a minimum include a preliminary quantitative noise assessment in accordance with the Interim Construction Noise Guideline (ICNG)

b Works that are likely to generate high noise impacts for a significant duration may require a detailed quantitative noise assessment (eg Construction Noise and Vibration Impact Statement) to be undertaken

c Works that are likely to generate ground-borne or structure-borne vibration andor noise require specialist advice and assessment

3) Comparing predicted noise levels against RBLsNMLs and applying standard mitigation measures as appropriate (ie implementing lsquoall feasible and reasonablersquo mitigation measures in accordance with the ICNG)

4) Considering additional mitigation measures when predicted noise levels exceed RBLsNMLs

The need for a detailed quantitative noise and vibration assessment will be considered by Sydney Metro the contractor and the Acoustic AdvisorEnvironmental Representative (if applicable) collectively when the predicted noise levels are anticipated to

Exceed an RBL at a residential receiver or an NML at a non-residential receiver by more than 10dBA AND

Affect the same receiver on 10 or more consecutive occasions An occasion is anytime works are carried out

o Between 6pm on a weekday and the start of standard hours the next day OR

o Between 1pm on a Saturday and 8am on a Sunday (or between 6pm on a Saturday and 8am on a Sunday for works subject to the Sydenham to Bankstown planning approval) OR

o Between 8am on a Sunday or public holiday and the start of standard hours the next day

A detailed quantitative noise and vibration assessment should generally include

Derivation of RBLs for residential receivers andor derivation of NMLs for non-residential receivers based on noise monitoring at representative locations and local sensitivities

Detailed noise predictions for daytime evening and night time OOH periods (as applicable) in accordance with Section 45 of the ICNG (including an outline of timing duration and predicted noise levels for each OOH period)

For Night Time OOH Period works a review of potential sleep disturbance impacts in accordance with Section 43 of the ICNG

Detailed predictions of vibration levels for sensitive receivers

Please complete the following Steps 1 to 4

Step 1

RBLsNMLs

If RBLs for residential receivers or NMLs for non-residential receivers have already been established (eg in an Environmental Impact Statement Review of Environmental Factors detailed quantitative noise assessment or Construction Noise and Vibration Impact Statement for other work activities) enter into Table 3 and attach the supporting evidence as Appendix 3

If no RBLsNMLs have been established use Table 1 to estimate and enter into Table 3

Step 2

Predicted Anticipated Noise Levels

If predicted anticipated noise levels have already been established (eg in an Environmental Impact Statement Review of Environmental Factors detailed quantitative noise assessment) enter the predicted anticipated noise levels into Table 3 and attach the supporting evidence as Appendix 3

If predicted anticipated noise levels have not already been established use Table 2 to estimate anticipated noise aspects for the noisiest plantequipment and enter into Table 3 In Table 3 use these values to calculate the anticipated predicted noise levels

Step 3

Exceedances and Mitigation Measures

Compare the anticipated predicted noise levels to the applicable RBLsNMLs calculate the exceedances and enter into Table 3 In Section 5 provide a description of the standard mitigation measures that are planned to be implemented in order to mitigate the noise impacts (and vibration impacts if relevant) as much as lsquofeasible and reasonablersquo in accordance with the ICNG

Step 4

Consideration of Additional Mitigation Measures

Use Table 4 and the exceedances in Table 3 to determine the applicable Additional Mitigation Measures for consideration Use

Table 6 to indicate which of these measures are applicable for consideration which will be implemented and provide justificationdetails accordingly

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 4 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

5 Standard Mitigation Measures

Outline the standard noise mitigation measures that will be implemented during the proposed OOH work

Ie Implementation of all lsquofeasible and reasonablersquo mitigation measures in accordance with the ICNG)

Outline the standard vibration mitigation measures that will be implemented during the proposed OOH work

Ie Implementation of all lsquofeasible and reasonablersquo mitigation measures in accordance with the ICNG)

Table 1 Noise RBLs and NMLs

Skip this section RBLs and NMLs have already been established in other documentation

Sensitive Receiver Category Estimated RBLs (dBA)

Residential Daytime OOH Evening OOH Night Time OOH

Urban (eg city hubs near busy roads near industrial activity) 55 50 45

Suburban 45 40 35

Quiet rural or isolated 40 35 30

Non-Residential ICNG NMLs (dBA)

Industrial facilities 75 (only applicable when in use)

Offices or retail 70 (only applicable when in use)

Health and educational facilities 55 (only applicable when in use)

Table 2 Predicted Noise Level Aspects

Skip this section if predicted noise levels have already been established in other documentation

Noise Aspect Select the most applicable value for each noise aspect below and enter into Table 3 dBA

1 PlantEquipment Noise Level at 10m

Including non-continuous use reduction (-5dBA) and annoying activity penalty (+5dBA) for as per ICNG (refer to ICNG Appendix B for predicted noise level data)

Underline indicates vibratory generating plantequipment

Impact sheet piling rig 100

Hand-held tamper excavator with hammer rock-breaker drivenvibratory piling concrete saw diamond saw air track drill large dozer hand-held rail grinder

95

Jackhammer rock crusher angle grinder pneumatic hammer medium dozer tracked loader impact wrench

90

Mainline tamper ballast regulator dynamic track stabiliser vibratory roller mainline rail grinder ballast train (pourfill ballast) chainsaw tub grinderlarge mulcher scraper grader super-suckervacuum truck large backhoewheeled front-end loader bored piling pavement profiler fixed crane tracked excavator

85

Small bulldozer small excavator tower crane truck-mounted crane forklift bobcat skid-steer front-end loader road trucktruck and dog dump truck concrete truckpumpmixer compressor non-vibratorylarge pad foot roller whacker packercompactor water cart pavement laying machine asphalt truck and sprayer line marking truck standard penetration testing welder pin puller

80

Concrete vibrator cherry-picker scissor liftelevated work platformFranna crane small backhoe front end loader fence post driver electric drill rig hand held rattle gun generator (dieselpetrol) spreader

75

Lighting tower medium-rigid trucksemi-trailer welding equipment small front end loader 70

Light vehicle hand-tools (no impact) small cement mixer attenuated generator (inside housing)

65

2 Multiple Plant More than one of the noisiest plant being used simultaneously at roughly the same location +5

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 5 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

3 Local Screening

Existing screening between site and receiver (buildings cuttings canopies etc) - 5

Temporary screening to be implemented near work site - 10

Acoustic shed or enclosure - 25

4 Distance Attenuation

lt 10 metres 0

10 to 20 metres - 5

20 to 35 metres - 10

35 to 60 metres - 15

60 to 100 metres - 20

100 to 180 metres - 25

180 to 350 metres - 30

350 to 1000 metres - 40

Table 3 Predicted Noise Levels and Exceedances of RBLs andor NMLs (dBA)

Skip this section if Section 3 has been completed in full

Period

(only complete as applicable for each period)

Noisiest PlantEquipm

ent

(state the noisiest

plantequipment to be used during each applicable

OOH period)

Receiver Type

(state lsquoResrsquo or lsquoNon-Resrsquo as applicable for

closest receiver to noisiest

plantequipment)

Enter the most applicable values from Table 2 then add to determine

the Predicted Noise Level

Pre

dic

ted

No

ise L

evel

(1 +

2 +

3 +

4)

RB

L (

for

Res)

NM

L (

for

Non-R

es)

Exceedance

(Predicted Noise Level minus RBL for Res or NML for

Non-Res) 1

Pla

nt

Eq

uip

me

nt

No

ise L

evel

2

Mu

ltip

le

Pla

nt

Eq

uip

me

nt

3

Lo

cal

Scre

en

ing

4

Dis

tan

ce

Att

en

ua

tio

n

Daytime OOH

Evening OOH

Night Time OOH

Refer to OOH period timings under Section 2 of this form

Table 4 Additional Mitigation Measures (AMM) requiring Consideration for Implementation

OOH Period

AMMs that must be considered for implementation

(apply the exceedances from Table 3 to the two OOH period categories below as applicable)

lt= 10 dBA Exceedance

10 to lt= 20 dBA Exceedance

20 to lt= 30 dBA Exceedance

gt 30 dBA Exceedance

Daytime OOH Period ndash LB M LB M IB LB PC RO SN

Evening and Night Time OOH Periods

ndash M LB M IB LB PC SN RO M IB LB PC SN RO AA

AA is only applicable to Night Time OOH periods

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 6 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

Table 5 List of Additional Mitigation Measures (AMM)

AMM Abbrev

AMM AMM Descriptions and Guidance

LB

Letterbox-drop

(generic to the project)

A newsletter is generally produced and distributed to the local community via letterbox-drop and the project mailing list These newsletters provide an overview of current and upcoming works across the project and other topics of interest The objective is to engage inform and provide project-specific messages The geographic extent of letterbox-drops is generally centred on the immediate surrounding community within 200 metres from the works site

For works that are subject to the Sydenham to Bankstown planning approval these will include an indicative schedule of likely OOH work for at least the upcoming two month period

M Monitoring

Where it has been identified that specific construction activities are likely to exceed the relevant Rating Background Levels (RBL) andor Noise Management Levels (NMLs) monitoring may be conducted at the affected receiver(s) or a nominated representative location (typically the nearest receiver where more than one receiver have been identified) Monitoring can be in the form of either unattended logging or operator attended surveys The purpose of monitoring is to inform the relevant personnel when the RBLNML has been exceeded so that additional management measures may be implemented

IB Individual Briefings

Individual briefings are used to inform stakeholders about the impacts of high noise activities and mitigation measures that will be implemented Communications representatives would visit identified stakeholders at least 48 hours ahead of potentially disturbing construction activities Individual briefings provide affected stakeholders with personalised contact and tailored advice with the opportunity to comment on the project

PC Phone calls

(andor emails)

Phone calls andor emails (with specific notifications attached) detailing relevant information would be made to identifiedaffected stakeholders within seven days of proposed work The objective of the phone calls andor emails is to support letterbox-drop and specific notifications Phone calls andor emails provide affected stakeholders with personalised contact and tailored advice with the opportunity to provide comments on the proposed work and specific needs

SN

Specific Notifications

(specific to the OOH work)

Specific notifications are letterbox-dropped to identified stakeholders no later than 7 days prior to out of hour construction activities commencing that are likely to exceed the RBLsNMLs Specific notifications may be produced by Sydney Trains or by Sydney Metro (or on behalf of Sydney Metro by a contractor as approved by Sydney Metro)

- Sydney Trains specific notifications cover all works being undertaken by various parties (including Sydney Metro) during designated rail possession periods These specific notifications are delivered 14 days prior to works commencing and are delivered to all properties located within 250m of the proposed works

- Sydney Metro specific notifications focus on proposed Sydney Metro works being undertaken outside of designated rail possession periods and are only produced in the absence of any Sydney Trains notifications covering the proposed works These notifications are delivered 7 days prior to works commencing and are delivered to all properties located within 100m of day works and within 200m of night works

All notifications are emailed to all registered stakeholders on site-specific email distribution lists

For works that are subject to the Sydenham to Bankstown planning approval these will include indicative information on the type of OOH work location duration expected noise characteristics expected noise level and likely mitigation and management measures

RO Respite Offer

The purpose of a project specific respite offer is to provide residents subjected to lengthy periods of noise andor vibration impacts respite during OOH periods Respite offers are offers made to affected receivers to provide a period of either no or limited noise impacts This can be in the form of stopping or limiting works onsite or offering affected receivers dinnermovie vouchers The first priority is to implement a period of no or limited noise impacts If this cannot be achieved dinnermovie vouchers may be offered on a case-by-case basis

AA Alternative

Accommodation (residential only)

Alternative accommodation options may be provided for residents living in close proximity to construction works that are likely to incur unreasonably high impacts during night time OOH periods Alternative accommodation will be considered on a case-by-case basis

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 7 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

Table 6 Consideration of Additional Mitigation Measures (AMM)

Additional Mitigation Measures

Applicable for Consideration

YN

(refer to Table 4)

To be Implemented

YN

JustificationDetails

For AMMs that are applicable for consideration but not being implemented justify why the AMM is not being implemented

For AMMs that are being implemented provide details on how the AMM is being implemented (eg which receivers being offered RO AA etc)

LB

M

IB

PC

SN

RO

AA

For OOH work that is subject to the Sydenham to Bankstown approval and RO is required for consideration include in the lsquoJustificationCommentsrsquo column how community consultation influenced the decision to implement or not implement RO in accordance with Condition E23 If RO is being implemented include how community consultation influenced the manner in which RO is being implemented

6 Consideration Against Relevant Vibration Criteria

Using Table 2 indicate whether any vibratory plantequipment is planned to be used for the proposed works (YN)

If lsquoNrsquo skip this section and move to Section 7

lsquoPeoplersquo Criterion

Are the proposed works anticipated to have any perceptible sleep disturbance impacts (YN)

lsquoStructuresrsquo Criterion

Are the proposed works anticipated to generate greater than 75mms vibration impacts on surrounding structures (generally within 25 metres of works) (YN)

lsquoSensitive Equipmentrsquo Criterion

Are the proposed works anticipated to impact sensitive equipment located in surrounding non-residential receivers (YN)

If lsquoYrsquo is answered to ANY of the above criteria AND the impacts affect the same receiver for more than one consecutive occasion (refer to Section 4 for lsquooccasionrsquo definition) the need to prepare a detailed quantitative assessment will be considered collectively by Sydney Metro the contractor and the Acoustic AdvisorEnvironmental Representative (if applicable)

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 8 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

7 City amp Southwest Construction Noise amp Vibration Strategy Addendum Mitigation Measures

If the proposed OOH work is part of the City amp Southwest project identify any mitigation measures to be implemented that have arisen from the City amp Southwest Construction Noise amp Vibration Strategy Addendum

8 Cumulative Impacts

Document the relevant details of any other OOH work (Sydney Metro or otherwise) that will impact the same receivers as those being impacted by these proposed works either concurrently or within 3 days of the start or end of these proposed works

If other works have been identified in the row above how have the proposed works been coordinated to ensure appropriate respite is provided

9 Community Consultation

What community consultation has been undertaken already

What community consultation is planned to be undertaken

If drafted already attach applicable Community Notification as Appendix 4

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 9 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

10 Contractorrsquos Signature

Contractorrsquos Identification of Risk Level

If subject to the Chatswood to Sydenham (C2S) or Sydenham to Bankstown (S2B) planning approval and not subject to an EPL provide Contractorrsquos Identification of Risk Level (refer to the City amp Southwest OOH Works StrategyProtocol for guidance)

Circle LOW or HIGH

Contractorrsquos Signature

Name

Title

Contact Number

Date

11 Contractorrsquos Contact Details

Contractor Personnel Name Mobile

Manager Environment

Manager Communications

Contractorrsquos Representative

Contractorrsquos 24hr contact person

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 10 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

C2SS2B Planning Approval Determination Page

Step 1 ndash Endorsement from Sydney Metro Director Public

Communications or Contractorrsquos Communications Manager

Step 2 ndash Risk IdentificationEndorsement from the AA under the C2S Planning Approval or from the

ER under the S2B Planning Approval

Step 3 ndash If works are under Sydney Trains EPL approval from Sydney Metro Director of Planning Environment and Sustainability

If works are not under an EPL approval from either the ER or the Secretary of the NSW Department of Planning amp Environment

Risk Level NA

If not subject to an EPL circle Risk Level as LOW or HIGH

If works are HIGH Risk Level and after 9pm Sydney Metro submits application to the Secretary of the

NSW Department of Planning amp Environment for approval

NA

Signature

Approved Road Occupancy LicenceRoad Opening Permit (if applicable) must be sighted prior to endorsement

Name

Role

Date

Comments

(including AAER Risk Level comments if applicable)

Conditions

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 11 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

Generic Determination Page (ie not subject to C2S or S2B planning approvals)

Step 1 ndash Sydney Metro Director of

Project Communications

Step 2 ndash Acoustic Advisor

(may be optional depending on planning approval or contract requirements)

Step 3 ndash Environmental Representative

(may be optional depending on planning approval or contract requirements)

Step 4 ndashSydney Metro Director of Planning Environment amp Sustainability

(only required if not approved already)

Action Endorsement Circle Endorsement or Approval Circle Endorsement or Approval Approval

Signature

Approved Road Occupancy LicenceRoad Opening Permit (if applicable) must be sighted prior to endorsement

Name

Date

Comments

Conditions

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 12 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

Appendix 1 Location Map (andor Environmental Control Map)

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 13 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

Appendix 2 Traffic Management Plan andor Traffic Control Plan

(if applicable)

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 14 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

Appendix 3 Supporting Evidence for Noise amp Vibration Impacts (eg Construction Noise amp Vibration Impact Statement noise assessment etc)

(if applicable)

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 15 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

Appendix 4 Community Notification

(if applicable and already drafted)

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Appendix 8 ndash Contaminated Land Management Sub Plan Responsibility

Objectives amp Targets

Refer to the Site Objectives amp Targets (section 57 of this CEMP) Any site contamination will be effectively managed to limit the potential risk to human health and the environment Spoil will be managed to avoid contamination of land or water Prioritise reuse of contaminated spoil into the project rather than offsite reuse or disposal

Project Manager

Performance Criteria

100 Compliance with Client amp legal requirements 100 achievement with Site Objectives amp targets 100 achievement of relevant Sydney Metro CEMF objectives

Project Manager

Planning and assessment

Planning

The Golders Douglas Partners contamination assessment report (June 2020) considered investigation results and data from previous relevant Sydney Metro West (SMW) investigations in the general area The physical characteristics of the soil on site as determined by the above report is described as ldquofill material described as containing evidence of anthropogenic materials including ash gravels terracotta tile fragments bricks and glass In addition to this sandstone bedrock was regularly encounteredsuspected to be present (eg drilling method refusal) during the pavement investigation This evidence implies that there is a wide variety of soil types and materials across the Site associated with natural and historical anthropogenic related activities The findings included elevated concentrations of heavy metals (copper nickel zinc) encountered at one location on the Site and several within close proximity to the Site However the exceedances were considered to pose a low risk to ecological receptors given that the majority of the Site is covered in asphalt hardstand with very low potential for exposure to subsurface soils Elevated concentrations of BaP were encountered in several boreholes within close proximity to the Site Once again the risks to ecological receptors from these were considered low due to the presence of asphalt hardstand at the Site Asbestos was identified at one borehole SMW_BH415 at a depth of 05 m The laboratory reported that chrysotile was detected below the reporting limit of 01 gkg The report considered due to the location access nature of the ACM (bonded) that there is a low risk of exposure to potential receptors Should the soil not be able to be reused on site further sampling assessment and waste classification must occur for any soil that is to be disposed offsite in accordance with the Sydney Metro Waste Classification Procedure (Appendix 1A)

Project Manager HampS Manager

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Appendix 8 ndash Contaminated Land Management Sub Plan Responsibility

Unexpected finds of contamination onsite

In the event that contamination is identified on site Appendix 8A will be followed for soil contamination excluding Asbestos material For unexpected Asbestos Finds Appendix 8B will be followed

Supervisors All workers

Assessment

If any potential contamination is discovered during construction the soil will be excavated and transported to the stockpile area for assessment which may include sampling by a suitably qualified environmental consultant

The assessment must consider whether the material is suitable to return to site for reuse with consideration to the final land use and pathways and receptors for the contaminants

Laboratory testing associated with the assessment will be prioritised to 24 hour turnaround to mitigate any delay where required

The assessment detailing the type extent and management options for the contaminated soil must be provided to Sydney Metro before proceeding to either reuse or dispose of material

For unexpected Asbestos finds the controls listed in the section below must be followed before any excavation and transport to stockpile or offsite

Project Manager Supervisor Environmental scientist

Asbestos management measures

Access Restrictions

Signs and barriers will be erected to warn of the danger and to prevent unauthorised people entering areas where asbestos contaminated fill material is being excavated handled

The location and extent of any access control areas will be agreed in discussion between the Project Manager Project Engineer HSE Advisor and the Environmental Coordinator and will be established in accordance with NOHSC2002 (2005) Code of Practice for the Safe Removal of Asbestos (2nd Ed) guidelines

Potential entry points to the asbestos work area should be signposted or labelled in accordance with AS 1319 (1994) Safety Signs for the Occupational Environment and NOHSC 2002 (2005b)

Earthworks Engineers Licenced removal contractor Supervisors

Asbestos Removal

For unexpected Asbestos finds the Certified Occupational Hygienist will conduct a risk assessment to demine Air monitoring requirements and any other PPE and management controls prior to removal (see air monitoring section)

All removal procedures for asbestos should be undertaken under the supervision of an appropriately licensed contractor which is either ASA or ASB depending on the material being removed The removal of material shall be monitored by a relevantly trained supervisor in accordance with the Code of Practice for the Safe Removal of Asbestos [NOHSC 2002 (2011)]

You must be licensed to remove asbestos except if removing 10 square metres or less of non-friable asbestos

Engineers Certified Occupational Hygienist Licenced removal contractor

Workcover notification Permit to Work

A permit to work authority will need to be issued to and signed by the contractor Workers engaged in the removal of asbestos on site will not be issued with a permit to work unless

Engineers Licenced removal contractor

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Appendix 8 ndash Contaminated Land Management Sub Plan Responsibility

they are employed by a company holding a removal licence issued by WorkCover NSW appropriate for the type of asbestos materials concerned

Workcover must be notified at least five days prior to commencement of asbestos removal work

Safe Work Method Statement and Asbestos Removal Plan

All notification and permit applications for removal of asbestos in soils must be accompanied by a site risk assessment (Asbestos Removal Plan) carried out by a competent or licensed person who determines If the asbestos is bonded or friable The extent of contamination A safe work procedure for the remediation of the site

Engineers Licenced removal contractor

Dust Control

In order to remove the asbestos safely we shall be using the ldquowet methodrdquo to carry out these works The wet method includes continuously keeping the soil with asbestos fragments watered so as to eliminate the asbestos dustfibres becoming airborne An exclusion zone of 10m (or whatrsquos appropriate ndash depending on limitations) will be isolated from the rest of the site using fencing or bunting Any personnel that do not have the correct PPE or relevant training will not be allowed in this area

Supervisors Earthworks Engineers

Clearance

Following the excavation and removal of asbestos contaminated material a licenced asbestos assessor will conduct inspections and sampling (where required) in the excavation to confirm that no asbestos remains A clearance report will be issued and works can recommence in the area

Licenced Asbestos Assessor

All potential contaminated finds

Training

A toolbox must occur for all worker for unexpected contamination finds procedure They will also be informed of the Site specific controls required for management of contamination in soil Site access restrictions Correct use of PPE Decontamination procedures Use of monitoring equipment Waste handling procedures Dust control measures and performance measures

all workers

Stockpile Contingency Measures

The following contingency measures will be put in place should stockpiling of potential contaminated soils be required All potential contaminated stockpiles will be separated by lot numbers and sign posted to

avoid any cross contamination Any temporary stockpiles of asbestos contaminated soil will be maintained under moist

conditions and remain covered at all times Sediment controls will be installed downslope of all contaminated soil stockpiles In order to confirm that all contaminated soil has been removed an Environmental

Consultant (ADE) will conduct a visual inspection or sampling of the material below the

Supervisors Earthworks Engineers

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Appendix 8 ndash Contaminated Land Management Sub Plan Responsibility

stockpile and provide a clearance certificate or the like as legislated The Environmental Consultant will advise of the validation criteria dependant on the contamination of the soil

Material tracking for contaminated finds assessed as suitable for onsite reuse

Where suspected contaminated material is identified the material will be tracked from the area in which the material was identified to its location in stockpile (lot number)

For all material assessed as suitable for reuse onsite the material will be tracked from its stockpile location to final destination for reuse onsite Survey will determine the m3 and the location of the final destination

All materials movements associated with unexpected contamination finds will be recorded on the materials tracking register

Supervisors Earthworks Engineers

Waste classification for materials assessed unsuitable for onsite reuse

Waste classifications are required for any excavated soil or fill material which is to be disposed off-site Soil or fill material to be taken off-site for disposal shall be assessed in accordance with the waste classification guidelines (NSW EPA 2014) Materials excavated from the site should be tracked from lsquocradle to graversquo in order to provide detailed and accurate information about the location and quantity of all materials from the time of their excavation until their disposal For any truck or bin leaving the site the following information would be recorded origin of material material type waste classification report approximate volume truck andor bin registration number Receiving licenced facility For all soils known or having the potential to contain asbestos the following applies The POEO Act defines lsquoasbestos wastersquo as any waste that contains asbestos including

fragments or fibres It is understood that as a result the NSW EPA considers asbestos contaminated soil to be an asbestos waste In addition the Protection of the Environment Operations (Waste) Regulation 2014 provides certain requirements for the transportation of asbestos It is understood that the NSW EPA requires any management of soil containing asbestos waste on or off the site to be at least equal to controls set out by the Regulation

All asbestos contaminated soil or fill leaving site will be transported in a leak proof covered vehicle and disposed of at a licensed facility in accordance with waste classification guidelines (NSW EPA 2014)

Earthworks Engineers Licenced removal contractor ESR

Environmental Monitoring amp records

Air Monitoring

If asbestos removal work that requires a Class A licence that means it is friable then you must get the licensed asbestos assessor occupational Hygienist to undertake air monitoring of the asbestos removal area Monitoring for airborne asbestos in accordance with the Guidance Note on the Membrane Filter Method for Estimating Airborne Asbestos Fibres

Earthworks Engineers Licenced removal contractor Hygienist

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Appendix 8 ndash Contaminated Land Management Sub Plan Responsibility

[NOHSC 3003(2005)] the analysis should be carried out by a NATA accredited laboratory during the removal operations Refer to Clause 50 and 51 for the WorkCover 2011 Safety Regulation for requirements

For other contaminated soil the occupational hygienist may determine that the risks associated with their disturbance and handling requires air monitoring

Record Keeping

The records associated with management of contaminated land that should be kept include Material tracking register including lots volume and type Asbestos Removal Plan (ARP) Asbestos Register Airborne Monitoring Reports Calibration certificates for air monitors Clearance Inspection Reports or Certificates Waste classification reports Laboratory sampling results Landfill disposal dockets

Earthworks Engineers ESR HampS Manager

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Appendix 8A ndash Unexpected Contamination finds procedure

1 Introduction

The following unexpected contaminated finds procedure will be adopted in the event that potential contamination

is discovered during construction Implementation of this procedure will ensure that contamination is managed in

such a way as to avoid harm to the environment workers community and comply with relevant legislation

2 Identification of Contamination

An unexpected find of contamination is likely to comprise of any soil characteristic which is not a typical soil

material identified in previous contamination assessment reports The Golders Douglas Partners contamination

assessment report (June 2020) section 102 makes note of indicators of contamination as

Significant staining

Odours from Soils

Oily sheen on water leaving soils

Anthropogenic waste materials other than those identified in the report (ie Ash Gravels Terracotta Tile

Bricks and Glass)

Where the soil characteristics are consistent with the reports and the above indicators are not present then no

further assessment is required for onsite reuse

Examples of these indicators are shown below

Photo 1 - Significant Staining or odorous soils

Discoloured soil (soil with non-natural colouring) Pungent smelling soils - petroleum compost

putrefied sulphurous septic sweet aromatic odours

Photo 2 ndash Oily Sheen on water

Rainbow sheen on water surfaces in soil

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Photo 3 ndash Buried wastes

Buried oil drums chemical container

Photo 3 ndash Buried wastes

Buried demolition wastes (eg concrete tiles bricks asphalt timber metal

3 Potential risk areas of unexpected finds

The higher risk activities for encountering unexpected finds during construction activities are considered to be

excavation works that extend below road pavement layers and into general fill

Higher risk areas for encountering unexpected finds construction are considered to be

Areas of excavation that extend through general fill layers and into natural soils eg Stormwater trench

locations

Locations of excavation near previous Boreholes with identified contamination (see map below)

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4 Unexpected finds flow chart

If potentially contaminated soils are encountered the following steps must be followed

During excavationif visual indications of contamination are present such as significant stained soils

odorous soils sheen tarry or ashy material or unexpected anthropogenic material (other than what is

expected to be encountered on site) then

STOP EXCAVATION in the immediate affected area

Notify the Supervisor Environmental Site Rep and Client

Environmental consultant to conduct assessment on material to determine suitability for reuse onsite This

step may require sampling and lab analysis ndash undertake with quick 24hr turnaround

Suitable for onsite reuse

Provide client the results of assessment before proceeding to the next step

Appropriate geotechnical assessment

confirms the material is suitable for

proposed final land use

Yes

Maintain tracking register for the

soil from cradle to grave include

test results surveyed volume and

final destination

No Yes

Sample test and classify in

accordance with Appendix

1A ndash Sydney Metro Waste

Classification procedure

Contact environmental consultant and hygienist and provide details of the find Depending on the nature and type

of the find they may be required to attend site before any further excavation disturbance

Excavate the material to the extent of the potential contamination in 200mm thick layers and in 500mm

horizontal increments (Do not exceed design excavation extents) and move to stockpile area (Where it will be

allocated a lot number and signposted to avoid any cross contamination) For Asbestos follow specific

requirements in the unexpected Asbestos Finds Procedure Cover the stockpile and install controls around the

stockpile

Offsite disposal at licenced

landfill facility Maintain all

waste tracking and disposal

records

No

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5 Materials Tracking

A Material tracking Register will be used to ensure information is collected for unexpected finds materials

identification and traceability This register records all unexpected finds materials The material is carefully

inspected ensuring the following information is recorded

Source identification

Contamination assessment results

Waste classification report ndash if unsuitable for onsite reuse

Volume of material (survey)

Destination identification (survey)

This register will track the movement of soils between excavation and final deposition this includes stockpiling

testing and suitability classification will be recorded

In addition to this register a stockpile location map will be used to show the location and type of soil stored onsite

at the stockpile area The material class and stockpile number on the map will correspond with the information in

the register

6 Stockpile Management

The following contingency measures will be put in place should stockpiling of suspected contaminated soils be

required

All suspected contaminated stockpiles will be separated by lot numbers and sign posted to avoid any cross

contamination

Sediment controls will be installed downslope of all suspected contaminated soil stockpiles

7 Training

All site personnel (including sub-contractors) will undertake an induction to ensure that they understand the

potential contamination onsite as detailed in previous contamination assessment reports and this unexpected finds

procedure

A specific unexpected contamination finds toolbox will be conducted with all workers involved with excavation

works

Prior to commencement of each shift the Supervisor will inform all site personnel of any works involving

contaminated materials on site

8 Review

This Plan will be reviewed in the following circumstances

Following a site inspection or work review that highlights an unexpected risk associated with the

implementation of this procedure

Following a change in legislation

Following a change in construction methods

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Appendix 8B ndash Unexpected Asbestos finds procedure

1 Introduction

The following Asbestos Management procedure will be adopted in the event that potential asbestos containing

material (ACM) or actual asbestos is uncovered during construction Implementation of this procedure will ensure

that asbestos is managed in such a way as to avoid harm to site personnel visitors and the community

2 Areas of known asbestos contamination

No asbestos was identified with the footprint of the proposed road construction works However there was one

Borehole (BH 415) from previous contamination assessments adjacent to the boundary that identified asbestos at

05m bgs The laboratory result was chrysotile detected below the reporting limit of 01 gkg (see location on map

below)

3 Identification of Asbestos

Asbestos has been used in the manufacturing of various products and these products can be found in either friable

or non-friable form All products are also known as asbestos-containing material Friable asbestos products are

generally quite loose and when dry can be crumbled into fine material or dust with light pressure such as

crushing with your hand

Non-friable asbestos products are made from a bonding compound (such as cement) mixed with a small proportion

(usually less than 15) of asbestos Non-friable asbestos products are solid rigid and non-friable and cannot be

crumbled pulverised or reduced to powder by hand pressure The asbestos fibres are tightly bound in the product

and are not normally released into the air When theyre in good condition non-friable asbestos products do not

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normally release any asbestos fibres into the air They are considered a very low risk for people who are in contact

with them as long as appropriate safety precautions are used when they are disturbed Non-friable asbestos

products that have been damaged or badly weathered may also become friable for example crushed asbestos

cement sheeting Examples of non-friable and friable asbestos are shown below

Photo 1 ndash example of non-friable asbestos in soil This is Asbestos cement sheeting that although broken it is solid rigid and cannot be crumbled or pulverised by hand pressure

Photo 2 ndash example of friable asbestos ndash this was a section of Asbestos cement sheeting that is weathered and crumbles under hand pressure

Photo 3 ndash example of non - friable asbestos ndash Asbestos cement water pipe in good condition

Photo 4 ndash example of friable asbestos ndash water pipe wrapped with friable woven ACM textile

4 Unexpected Asbestos ACM finds flow chart

In the event that a person on site identifies or disturbs asbestos ACM the unexpected asbestos management

procedure during Construction is summarised below

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Discovery of suspected asbestos containing materials

STOP EXCAVATION in the immediate affected area Demarcate and isolate area from workers

Notify the Supervisor

Suitable for onsite reuse

Provide client the results of assessment before proceeding to the next

step

Appropriate geotechnical assessment

confirms the material is suitable for

proposed final land use

Yes

Maintain tracking register for the

soil from cradle to grave include

test results surveyed volume and

final destination

No

Sample test and classify

in accordance with

Appendix 1A ndash Sydney

Metro Waste Classification

procedure

Yes

Friable Non Friable

Proceed with Licenced

Asbestos removal work in

accordance with section 6 -

11 Remove to stockpile for

reuse assessment by

Environmental Consultant

No

Greater than

10m2 of non-

friable asbestos

contamination

Less than 10m2 of

non-friable

asbestos

contamination

Proceed with non-

licenced asbestos

removal and

disposal in

accordance with

section 5

Trained and competent person to identify the asbestos

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5 Non Licence Asbestos removal work

Where small fragments of ACM or suspected ACM are found and provided that

the total number of fragments is lt 20 or

the total surface area of the fragmentpiece is lt 1 m2 or

the fragments are spread over an area of lt 10 m2 and

the fragments are non-friable

If the unexpected find meets the criteria above a trained and competent person will collect any fragments and

place it in a 200 mm polythene bag for later disposal at an appropriate waste facility A detailed visual inspection

of the area will be carried out by the Environmental consultant which will involve wet raking of the areas to a

depth of 10 cm for any further fragments If no further fragments are identified works can continue

If during the visual inspection the Environmental consultant determines that the criteria described above are

exceeded or if suspected asbestos ACM continues to be identified during excavation works andor if it is thought

that any uncovered material might be considered asbestos containing and friable works will cease and the

Environmental consultant will assess the situation and determine an appropriate course of action

6 Licenced Asbestos removal work

A licensed asbestos removalist will be required for removal works where there is friable asbestos or the

contaminated area is greater than 10 m2 There are two types of asbestos removal licences Class A and Class B

The type of licence required depends on the type and quantity of asbestos or ACM to be removed as outlined

below

Licence type What asbestos can be removed

Class A Can remove any amount or quantity of asbestos or ACM including any amount of friable asbestos or ACM any amount of asbestos-contaminated dust or debris (ACD) Any amount of non-friable asbestos or ACM

Class B Can remove

any amount of non-friable asbestos or ACM Note A Class B licence is required for removal of more than 10 m2

of non-friable asbestos or ACM but the licence holder can also remove up to 10 m2 of non-friable asbestos or ACM

ACD associated with the removal of non-friable asbestos or ACM Note A Class B licence is required for removal of ACD associated

with the removal of more than 10 msup2 of non-friable asbestos or ACM but the licence holder can also remove ACD associated with removal of up to 10msup2 of non-friable asbestos or ACM

No licence required Can remove

up to 10 m2 of non-friable asbestos or ACM ACD that is associated with the removal of less than 10 m2 of non-friable

asbestos or ACM Not associated with the removal of friable or non-friable asbestos

and is only a minor contamination

The licensed asbestos removalist will prepare an Asbestos Removal Control Plan prior to the removal of any

asbestos ACM The Asbestos Removal Control Plan documents the specific control measures to be implemented to

ensure site personnel and others are not at risk when asbestos removal work is being conducted It includes how

the asbestos removal will be carried out including temporary storage the method tools equipment and PPE to be

used and the asbestos ACM to be removed including the location type and condition of the asbestos ACM

The Client will be informed prior to excavation or removal of asbestos or ACM If the removal activity is to occur in

the vicinity of any occupied residence or business the project Community Advisor will notify the affected

residents or business owners

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7 Signage and demarcation

Georgiou will install warning signs and labels to clearly identify asbestos affected areas and where asbestos related

work is being carried out Flagging will be installed to delineate the asbestos related areas and restrict

unauthorised persons from entering the asbestos removal work Stockpiles will be covered and labelled Signage

and flagging will stay in place until all licensed asbestos removal work is complete and a clearance certificate is

provided

8 Notification

Prior to the commencement of licensed asbestos removal works notification to SafeWork NSW is required

SafeWork NSW requires a minimum of 5 daysrsquo notice prior to the removal of asbestos and the notification will be

made by the licensed asbestos removalist

9 Air Monitoring

All air monitoring requirements will be determined and conducted by a licensed asbestos assessor (LAA) The

location and layout of the air monitors will be detailed within the Asbestos Removal Control Plan

Air monitoring requirements will vary depending on the type of asbestos being removed the location and position

of the asbestos The following rules should be applied when determine if air monitoring is required (extract from

Safe Work Australia ndash Code of Practice on How to Safely Remove Asbestos (2016)

For friable asbestos removal ndash Air monitoring is mandatory for all friable asbestos removal This includes prior

to dismantling an enclosure and for the purposes of the clearance inspection

For more than 10 msup2 of non-friable asbestos removal ndash Air monitoring is not required but may be considered to

be carried out by a licensed asbestos assessor or competent person to ensure compliance with the duty to

eliminate or minimise exposure to airborne asbestos and to ensure the exposure standard is not exceeded

Public Location ndash Air monitoring should be considered where the asbestos removal work is being undertaken in

or next to a public location

Exposure air monitoring ndash Air monitoring should be carried out at other times to determine a workerrsquos exposure

to airborne asbestos if based on reasonable grounds there is uncertainty as to whether the exposure standard

may be exceeded and a risk assessment by a competent person indicates it is necessary Since most uses of

asbestos are prohibited exposure monitoring should not be required frequently

The results of air monitoring will be made available as soon as possible to all workers on site The asbestos

supervisor will be notified immediately if the fibre count exceeds the recommended level in the Exposure

Standards for Asbestos as set out in the National Code of Practice How to safely remove asbestos

10 Clearance

Following removal of asbestos ACM the licensed asbestos removalist will arrange for a clearance inspection of the

area to facilitate the issue of a clearance certificate and allow construction to recommence in the affected area

The clearance inspection is conducted by

an independent licensed asbestos assessor for work that was carried out by a Class A licensed asbestos

removalist

an independent competent person for asbestos work that is not required to be carried out by a Class A licensed

asbestos removalist

To be independent the licensed asbestos assessor must not be involved in the removal of asbestos for that specific

job and is not involved in a business or undertaking involved in the removal of the asbestos for that specific job

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CEMP Bays Road Relocation Works

A clearance certificate will be issued if the independent licensed asbestos assessor or competent person is satisfied

that the asbestos removal area and the immediate area are free from visible asbestos contamination Entry to the

area will be permitted following confirmation of certification

11 Decontamination

Decontamination of site personnel PPE and tools used in asbestos removal work will minimise exposure and spread

of asbestos outside of the removal area

Personal decontamination will occur every time a worker leaves the asbestos removal work area and involves

removal of all visible asbestos dustresidue from PPE and Respiratory Protective Equipment using an asbestos

vacuum cleaner and or wet wiping with a damp cloth Disposable PPE is considered asbestos waste and will be

disposed of at an appropriate waste facility Non-disposable protective clothing will be laundered in a suitable

laundering facility that is equipped to launder asbestos-contaminated clothing

Workers must be aware of personal hygiene and ensure that they carefully wash when leaving an asbestos removal

area paying particular attention to hands fingernails face and head

Tools will be dismantled (where appropriate) cleaned under controlled conditions and decontaminated prior to

removal from the area or disposed of at a suitable off site location

12 Stockpile Management

The following contingency measures will be put in place for any temporary stockpiling of asbestos contaminated

soils

All asbestos contaminated stockpiles will be separated by lot numbers and sign posted to avoid any cross

contamination

Any temporary stockpiles of asbestos contaminated soil will be maintained under moist conditions and remain

covered at all times

Sediment controls will be installed downslope of all contaminated soil stockpiles

In order to confirm that all contaminated soil has been removed validation sampling beneath stockpiles will

occur by an Environmental Consultant

13 Asbestos contaminated soil for reuse onsite

Stockpiled asbestos containing soils will be assessed for beneficial re-use with the Site (NEPC 2013) Any soils

identified to contain asbestos with concentrations of bonded ACM less than the NEPC (2013) Health Screening Level

(HSL)-D applicable for the future commercial industrial land use could be reused onsite providing the following

Placement in a designated location preferably beneath a road alignment or other suitably capped area (min

300 mm lsquocleanrsquo (ie ENMVENM soils) to eliminate any potential airborne exposure pathway

Occupational hygienist and asbestos removalists on-site supervising relocation and placement

Maintenance of an Site Asbestos Register to record the extent nature of the ACM materials retained or

identified on-site

Any other requirements by Sydney Metro such as adherence to the CEMP etc and or land conditions

A Long-term Environmental Management Plan to manage the presence of asbestos impacted materials remaining

on-site would be required if the proposed soils to be re-used are exceeding the HSL-D limits for non-friable or

friable asbestos

If stockpiled soils are identified to contain any detectable concentrations of Friable asbestos material is

recommended to be disposed off-site given its friable nature

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14 Waste disposal

Where the ACM is assessed as non-suitable for onsite reuse the licensed asbestos removalist will classify and dispose

of the ACM at a licensed asbestos waste disposal site in accordance with NSW EPA guidelines (including Waste

Classification Guidelines (EPA 2014)) and relevant industry codes of practice

Disposal of ACM will be to an approved asbestos waste facility listed on the NSW EPA website The transportation of

asbestos waste by trucks must comply with the following requirements

Transporter must have the appropriate EPA license to transport asbestos waste

Asbestos contaminated soils are wetted down

Any part of any vehicle in which a person transports asbestos waste is covered and leak proof during

transportation

Georgiou will notify the Client prior to removal of ACM from site and will provide details of the proposed method

and location of disposal Georgiou will maintain records of all asbestos ACM disposed off site the location of the

facility at which it was disposed and any receiptcertificate issued by the facilitydisposal authority

15 Materials Tracking

A Material tracking Register will be used to ensure information is collected for the movement of all asbestos

contaminated soils The material is carefully inspected ensuring the following information is recorded

Source identification

Contamination assessment results

Waste classification report ndash if unsuitable for onsite reuse

Volume of material (survey)

Destination identification (survey)

This register will track the movement of soils between excavation and final deposition this includes stockpiling

and testing and suitability classification will be recorded

In addition to this register a stockpile location map will be used to show the location of asbestos contaminated soil

stored onsite at the stockpile area The stockpile number on the map will correspond with the information in the

register

16 Training

All site personnel (including sub-contractors) will undertake an induction to ensure that they understand the

potential risks associated with asbestos management locations of asbestos as detailed in previous contamination

assessment reports and this unexpected finds procedure

A specific unexpected contamination finds toolbox will be conducted with all workers involved with excavation

works and include the unexpected asbestos finds procedure Prior to commencement of each shift the Supervisor

will inform all site personnel of any works involving contaminated materials on site

17 Review

This Plan will be reviewed in the following circumstances

Following a site inspection or work review that highlights an unexpected risk associated with the

implementation of this procedure

Following a change in legislation

Following a change in construction methods

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 78 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 9 ndash Sydney Metro Incident and non-compliance reporting procedure

Unclassified

Unclassified

Environmental Incident and Non-

compliance Reporting Procedure SM-17-00000096

Sydney Metro Integrated Management System (IMS)

Applicable to Sydney Metro

Document Owner Manager Environment

System Owner Executive Director Safety Sustainability amp Environment

Status FINAL

Version 51

Date of issue 18 February 2019

Review date 11 February 2020

copy Sydney Metro 2019

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Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

Table of contents 1 Purpose and scope 4

2 Introduction 4

3 Definitions 4

4 Accountabilities 5

5 Environmental Events 5

51 Worked Example ndash Classifying Environmental Events 7

511 Soil and Water Issue 7

512 Soil and Water Non-compliance 7

513 Soil and Water Incident 7

52 Notifiable Events 8

53 Event Types 8

6 Environmental Incident Classification and Management 10

61 Incident Classification 11

611 Class 3 Incidents 11

612 Class 2 Incidents 11

613 Class 1 Incidents 12

62 Incident Notification 12

621 Principalrsquos Representative (PR) 12

622 Environmental Lead (EL) 13

63 Incident Notification Reports 14

64 Incident Investigations 14

65 Environmental Incidents with Health and Safety Impacts 14

66 Reporting Pollution Incidents to Relevant Authorities 15

661 Maritime Related Incident Notification and Reporting 16

67 Environmental Compliance Register 16

7 Environmental Non-compliance 17

71 Non-compliance Rate 17

8 Corrective and Preventative Actions 18

81 Action Status 18

9 Related Documents and References 19

10 Superseded Documents 19

11 Document History 19

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Environmental Incident and Non-compliance Reporting Procedure

Figures Figure 1 Environmental Event Classification Process 6 Figure 2 Environment Incident notification process for Class 1 and 2 Incidents 13

Tables Table 1 Examples of Notifiable Events 8 Table 2 Environmental Event Types and their descriptions 9 Table 3 Examples of Environmental Incidents 10 Table 4 Classification System for Environmental Incidents 11 Table 5 Contact details for Relevant Authorities 15

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Environmental Incident and Non-compliance Reporting Procedure

1 Purpose and scope

This procedure documents the process to be used when classifying and reporting Environmental Events

This procedure applies to Sydney Metro and any contractor Sydney Metro engages to carry out works Principal Contractors must ensure their processes for managing Environmental Events is consistent with this document The requirement for consistency is documented in the Construction Environmental Management Framework (Section 33(f)) and shall be allocated as a contractual requirement to each delivery partner

2 Introduction

Sydney Metro is committed to minimising risks to the environment the rapid identification and rectification of breaches to Environmental Requirements and efficient and effective responses to Environmental Incidents that grows our ability to minimise harm and prevent future re-occurrences

This procedure defines an approach to classifying Environmental Issues Incidents and Non-compliances and establishes the immediate interim and long term actions that are taken in response to Environmental Events

3 Definitions

All terminology in this Procedure is taken to mean the generally accepted or dictionary definition with the following exceptions

Term Definition

Environment

means components of the earth including

a) land air and water and

b) any layer of the atmosphere and

c) any organic or inorganic matter and any living organism and

d) human-made or modified structures and areas and includes interacting natural ecosystems that include components referred to in (a)-(c)

Environmental Event

An occurrence that identifies actual or potential environmental impacts or non-compliances Events cans include conversations inspections incidents or failures of process

Environmental Harm Includes any direct or indirect alteration of the environment that has the effect of degrading the environment and without limiting the generality of the above includes any act or omission that results in pollution

Environmental Incident

An occurrence or set of circumstances as a consequence of which pollution (air water noise and land) or an adverse environmental impact has occurred or is likely to have occurred

Environmental Issue An occurrence or set of circumstances where Environmental Harm or Non-compliance could occur if not rectified

Environmental Non-compliance

A breach of an Environmental Requirement originating from Planning Approvals Environment Protection Licenses lease agreements and other requirements documented in environmental management plans

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Environmental Incident and Non-compliance Reporting Procedure

Term Definition

Material Harm to the Environment

harm to the environment is material if

a) it involves actual or potential harm to the health or safety of human beings or to ecosystems that is not trivial or

b) it results in actual or potential loss or property damage of an amount or amounts in aggregate exceeding $10000 (or such other amount as is prescribed by the regulations) and

c) loss includes the reasonable costs and expenses that would be incurred in taking all reasonable and practicable measures to prevent mitigate or make good harm to the environment

It does not matter that harm to the environment is caused only in the premises where the pollution incident occurs

Terms and jargon specific to this procedure are defined within the Sydney Metro Glossary

4 Accountabilities

The Executive Director Safety Sustainability amp Environment is accountable for this Procedure Accountability includes authorising the document monitoring its effectiveness and performing a formal document review

Direct Reports to the Chief Executive are accountable for ensuring the requirements of this document are implemented within their area of responsibility

The Direct Reports to the Chief Executive who are accountable for specific projectsprograms are accountable for ensuring associated contractors comply with the requirements of this document if specified in the relevant contracts

5 Environmental Events

Environmental surveillance data is relied upon to inform Sydney Metro of performance trends to provide assurance that legislative requirements are being met and indicate where surveillance activities should be directed In order to rely upon environmental data for this purpose there needs to be a high degree of consistency in the manner by which it is collected and interpreted Due to the need for consistency any incidentNon-compliance procedure produced by a delivery partner to Sydney Metro is required to be consistent with the requirements of this document

The concept of Environmental Events forms a common starting point for understanding what types of occurrences should be managed and reported as Incidents and what should be reported as Non-compliances or Issues When an Environmental Event occurs a series of questions can be asked to consistently determine what type of event it is Commonly Environmental Events lead to three different processes

1 Reporting of an Environmental Incident

2 Reporting of an Environmental Non-compliance or

3 Reporting of an Environmental Issue

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Environmental Incident and Non-compliance Reporting Procedure

Incidents and Non-compliances are recorded using the Environmental Incident and Non-compliance Report Form (SM ES-FT-403) and Environmental Issues are recorded through environmental inspection reports using the Environmental Inspection Information amp Summary Form (SM ES-FT-406) These paper based records are subsequently entered into the Sydney Metro Compliance Register (Section 67) which is used to disseminate the data and facilities reporting internally and externally Note where a Principal Contractor has submitted alternative processes and these have been approved by Sydney Metro they may also be used

The figure below shows the process by which Environmental Events are classified (Figure 1)

Figure 1 Environmental Event Classification Process

Where Environmental Harm has been caused the event will always be classified as an Environmental Incident regardless of whether one or more Environmental Requirements have been breached Only when an event occurs without harm being caused to the environment will it be classified as a Non-compliance or Issue It should be noted that the Incident management process still captures any breaches of Environmental Requirements and these incidents contribute towards the calculation of the NC Rate (Section 71)

This flowchart above is intended to be a guide and there may be situations where it is unclear exactly how an Environmental Event should be classified In these situations a judgement call should be made in consultation with your Manager

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(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

51 Worked Example ndash Classifying Environmental Events

This Section provides a fictitious example of Environmental Events which fall into each of the three different categories The situations outlined below are provided to explain how event classifications are made The background for these worked examples is as follows

Sydney Metro is carrying out works in a newly established site and substantial earthworks are occurring to construct piers for an elevated viaduct A nearby creek contains a variety of important fish species and the local community are known to use this creek for recreational fishing The Environmental Impact Statement identified the creek as being at risk of increased sedimentation from dirty water run-off and the Conditions of Approval include a requirement to have a Progressive Erosion and Sediment Control Plan in place This plan has been produced and indicates that sediment fences must be in place at specific locations to capture dirty water run-off Regular daily inspections of the sediment controls are carried out by the contractorrsquos Environment Manager and an Independent Environmental Representative has commenced a monthly inspection on this site at 7 am on Thursday morning

511 Soil and Water Issue

The Environmental Representative notices a sediment fence has been knocked over in one of the areas indicated as requiring fencing on the ERSED plan It appears to have occurred recently and there is no record of rainfall in the last few days During the course of the inspection all other ERSED controls appeared to be in good condition and erected in accordance with the requirements of the Blue Book In this example no harm has yet been caused and no environmental requirement has been breached so the event is classified as an Environmental Issue which is raised on the inspection report with an action to reinstall the fence

512 Soil and Water Non-compliance

Alternatively the Environmental Representative might have noticed many sediment fences had been knocked down and in some areas an absence of sediment fences where the plan indicates they are required Despite there being no rain in recent days the Environmental Representative concludes that the requirements of the plan are not being followed and have been breached The event is raised as non-compliance and actions are set in place to re-enforce the requirements of the ERSED plan for that sites workforce as well as the immediate reinstatement of controls

513 Soil and Water Incident

Finally in a third scenario the Environmental Representative notices many sediment fences are down and some are absent where required by the plan However significant rainfall has occurred in recent days and the Environmental Representative determines that it is likely dirty water has escaped through the area into the nearby creek potentially causing harm to the fish population This event is classified as an Incident by the inspector and immediate notification is undertaken Similar controls are implemented as described above

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Environmental Incident and Non-compliance Reporting Procedure

52 Notifiable Events

There are a number of Acts and regulations that include a specific requirement to notify a Regulatory Authority When an Environmental Event triggers one of these notification requirements we then also refer to that event as a Notifiable Event (Table 1)

The Principal Contractorrsquos Environment Manager must determine whether an event is notifiable and may rely upon advice from Sydney Metro if it is provided

Table 1 Examples of Notifiable Events

Event type Legislation Trigger for Notification

Pollution Incident

1

POEO Act 1997 Part 57 Where Material Harm has occurred contact the EPA Pollution Line as soon as practicable POEO (General)

Regulation 2009 Section 101

Land contamination

Contaminated Land Management Act 1997

Section 60(1)

As soon as practicable after becoming aware of contamination that exceeds the relevant investigation levels in the National Environment Protection Measure where a person has or will be exposed to the contamination

Discovery of an Aboriginal relic

National Parks amp Wildlife Act 1974

Section 89A

Director General of EPA in writing within a reasonable time after becoming aware Note this is not required for Projects approved under Part 52 of the Environmental Planning and Assessment Act (see section 115ZG) Notification and reporting is addressed in the relevant Infrastructure Approval

Discover Aboriginal Remains

Commonwealth Aboriginal amp Torres Strait Islanders Heritage Protection Act 1984

Section 20 Commonwealth Minister of the Environment in writing as soon as practicable after becoming aware

Discovery of a relic

Heritage Act 1977 Section 146

Heritage Council in writing within a reasonable time after becoming aware

Note -this is not required for Projects approved under Part 52 of the Environmental Planning and Assessment Act (see section 115ZG) Notification and reporting is addressed in Infrastructure Approvals

53 Event Types

Each Environmental Event is assigned a secondary classification of an Event Type for the purpose of data analysis and general environmental management They are grouped by areas of environmental management so that targeted auditing training or awareness initiatives can be initiated in response to emergent trends Each Event Type is explained in Table 2

1 Further information on reporting pollution incidents to EPA is provided in Section 66 Environmental

IncidentNon-compliance Report

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Environmental Incident and Non-compliance Reporting Procedure

Table 2 Environmental Event Types and their descriptions

Event Type

Applies To

Description Issue Incident

Non-compliance

Soil and Water bull bull bull

Covers the physical location chemical composition and ecology of soils and waterways Any event which changes these compositions is a Soil and Water event Within this event type all instances of contamination erosion and sedimentation of waterways is covered

Flora and Fauna bull bull bull Covers vegetation and vegetation communities as well as animals and animal habitat Any event where vegetation is felled or damaged animals are killed or injured or habitat is harmed or destroyed is covered

Waste and Spoil bull bull bull

Covers the management of Excavated Natural Material (ENM) and Virgin Excavated Natural Material (VENM) including on-site management and disposal and also the classification and management of Waste materials

Note that the transportation of spoil is covered under Traffic Transport and Access

Heritage bull bull bull Covers the management of known heritage artefacts or sites and the treatment of unexpected finds archaeological investigations and other impacts

Air Quality bull bull bull Covers the management of emissions of particulate matter odours and gasses used as air quality parameters from worksites

Noise and Vibration bull bull bull

Covers the management of airborne and ground borne noise and vibration and includes hold points on the commencement of any work where Out of Hours Works permits or Construction Noise Impact Statements are required

Community Stakeholder and Business

bull bull bull Covers the management of Community and Stakeholder requirements and includes complaint response procedure community management protocols and the maintenance of information on websites

Traffic Transport and Access bull bull bull

Covers the management of traffic inside and outside of sites including access points and parking requirements This event type also covers any requirements in relation to vehicles and vehicle maintenance or the transportation of waste and spoil

Spills and Leaks bull bull bull

Covers all instances where environmentally sensitive substances are held within a container which has the potential to leak or spill and covers pipes hoses fuel tanks storage tanks and plastic containers

Note Spills and Leaks specifically exclude anything in relation to the transport and deposition of sedimentation

Management Systems bull bull bull

Covers procedural or administrate processes that are common across all areas It specifically does not cover procedural or administrate processes which are unique to any of the other event types For example not completing a vegetation removal form prior to vegetation clearing is still a Flora and Fauna event

Note A good example of a Management Systems NC would be not reporting an Environmental Incident within required timeframes

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Environmental Incident and Non-compliance Reporting Procedure

6 Environmental Incident Classification and Management

Sydney Metro has defined an Environmental Incident as

An occurrence or set of circumstances as a consequence of which pollution (air water noise and land) or an adverse environmental impact has occurred or is likely to have occurred

Adverse environmental impact includes contamination harm to flora and fauna (either individual species or communities) damage to heritage items or adverse community impacts

Planning Approvals and Environment Protection Licences permit some environmental impacts and these are not intended to be captured as Environmental Incidents

Table 3 Examples of Environmental Incidents

Type Example Incident

Air Quality Odour that travels beyond the site boundary

Air Quality Dust exceeding reasonable levels without active management measures in place

Air Quality Operation or maintenance of plant in a manner that causes or has likely caused excessive air pollution

Soil and Water Discharge of water on or off site in a manner that causes or has likely caused water pollution without required approvals

Noise and Vibration Noise that travels beyond the site boundary as a result of poorly maintained plant or operation of plant in an inefficient manner

Noise and Vibration Failure to comply with the approved hours of work

Soil and Water

Where the chemical composition of soil or water has been detrimentally modified by a contaminant leading to potential or actual environmental harm For example rainfall causes a flow of water across a site that erodes soil and enters a waterway increasing the total suspended solids of that water body

Spills and Leaks

Where a substance has leaked from or spilt from a container that is designed to prevent that substance from escaping into the environment (including bunds fuels tanks chemical bottles and other containers)

Spills and Leaks specifically exclude anything in relation to the transport and deposition of sedimentation

Soil and Water Dispose of waste in a manner that harms or is likely to harm the environment

Flora and Fauna Harm or ldquopickrdquo a threatened species endangered population or endangered ecological community without required approvals

Flora and Fauna Damage to vegetation fauna or habitat including watercourses without required approvals

Heritage Damage disturbance destruction or works to heritage itemsrelics without required approvals

Heritage Damage disturbance or destruction of Aboriginal objects or places without required approvals

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Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

61 Incident Classification

Environmental Incidents are classified into one of three Classes that are based upon the consequence descriptors for environmental risks in the Sydney Metro Risk Matrix (refer to Sydney Metro Risk Management Standard) Each of these classifications trigger a variety of management actions andor legislative requirements depending on the severity of the consequence described where Class 3 represents minor consequences and Class 1 represents major consequences

This matrix is further sub-divided into consequence ratings ranging from C6 (low impact) to C1 (high impact) An incident transitions between a Class 3 to a Class 2 incident once material harm has been caused and transitions into a Class 1 incident once it is determined that the Environmental Harm caused in large-scale and cannot be remediated (Table 4)

Table 4 Classification System for Environmental Incidents

Class 3 Class 2 Class 1

C6 C5 C4 C3 C2 C1

No appreciable changes to

environment andor highly

localised event

Change from normal conditions

within environmental

regulatory limits and environmental effects are within site boundaries

Short-term andor well-contained environmental effects Minor

remedial actions probably required

Impacts external ecosystem and considerable

remediation is required

Long-term environmental impairment in

neighbouring or valued

ecosystems

Extensive remediation

required

Irreversible large-scale

environmental impact with loss of

valued ecosystems

611 Class 3 Incidents

These Incidents are events which cause Environmental Harm but do not cause Material Harm to the environment Normally Class 3 Incidents are not Notifiable Events and therefore a simple notification protocol is adopted whereby Sydney Metro must be notified within 48 hours verbally and in writing

In some cases it will be unclear whether Material Harm has been caused in the early stages of Incident Management If this is the case then the process for Class 2 Incidents is followed (see Section Class 2 Incidents) until it is clear that Material Harm has not been caused

A formal Incident Investigation report is not required for Class 3 Incidents however it is expected that the person responsible for completing the Incident Notification Report makes appropriate enquiries to determine the likely causal factors involved and assigns effective corrective actions

612 Class 2 Incidents

These Incidents are events which cause Material Harm to the environment and they always trigger notification of Regulatory Authorities These Incidents represent events that are far more serious than Class 3 Incidents and therefore strict communication protocols are required to ensure that effective and informed decisions are made (Figure 2)

The Environmental Lead contract Environment Manager and the Independent Environmental Representative must be notified verbally as soon as possible after the observer becomes aware of a Class 2 Incident

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Environmental Incident and Non-compliance Reporting Procedure

Class 2 Incidents must be investigated and the investigation must produce an investigation report containing corrective or preventative actions This investigation report must be provided to Sydney Metro within 7 days of the event unless another timeframe is agreed with the EL

Despite any arrangements for the submission of investigation reports an Incident Notification Report must be provided with all available information and submitted to Sydney Metro within 48 hours It is not expected that initial Incident Notification Reports for Incidents under investigation initially include actions as these will be informed by the findings of the investigation The report should be updated with actions resulting from the investigation when available

613 Class 1 Incidents

Class 1 Environmental Incidents are managed in the same manner as Class 2 Incidents expect where a determination is made by the Chief Executive (or delegate) that a Crisis Management Team should be activated In this situation the Sydney Metro Crisis Management Implementation Plan is followed

62 Incident Notification

When and Environmental Event occurs which causes Environmental Harm in all cases both verbal and written communication of the incident must be carried out immediately and within 48 hours respectively For Class 1 and 2 Incidents the notification process shown in Figure 2 must be followed Written communication of Environmental Incidents is via an Incident Notification Report (Section 63)

This process includes specific roles and responsibilities within Sydney Metro and our delivery Partners who are required to take notification actions in response to Incidents

This notification process has been developed to ensure that crucial information about Incidents is captured early and communicated to specific individuals who can ensure the Environmental Impacts are minimised and efficient and effective responses to the event are implemented

In particular the Principals Representative and the Environmental Lead for Sydney Metro play a crucial role in the communication of Incidents within Sydney Metro and these roles are explained in more detail below

621 Principalrsquos Representative (PR)

Each works package establishes a contractual interface for communication between the contracted party and Sydney Metro Generally this interface is between the Principal Contractors Project Director and an appointed representative of Sydney Metro called the Principals Representative

All formal written communications must pass between these two individuals electronically using TeamBinder The Principals Representative holds certain responsibilities in the Incident management Process outlined in Figure 2

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(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

622 Environmental Lead (EL)

Where this procedure is applied to a works package an Environmental Lead (EL) will be selected for the relevant works package The Environmental Lead must possess environmental experience and competency in managing Incidents and be a representative of Sydney Metro for those works This representative holds specific responsibilities outlined in Figure 2

Figure 2 Environment Incident notification process for Class 1 and 2 Incidents

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

63 Incident Notification Reports

For all Incidents an Incident Notification Report must be completed and submitted to Sydney Metro within 48 hours These reports satisfy the requirement for written communication to Sydney Metro and are completed using the Environmental Incident and Non-compliance Notification Report (SM ES-FT-403) or a similar and consistent form approved by Sydney Metro

64 Incident Investigations

Environmental Incident Investigations must be carried out for all Class 1 and Class 2 Incidents Investigations may also be requested for any other Environmental Event at the discretion of Sydney Metro This discretion is likely to be exercised where incidents of a similar nature are occurring repetitively

When conducting an Environmental Incident investigation they must

Be led by a lead investigator who is suitably independent investigator capable of arriving at objective findings and is experienced in conducting environmental incident investigations

Consider the need for legal privilege during the investigation process in consultation with legal counsel

Be informed by all available information that is relevant to the investigation

Analyse the timeline of events which led up to and followed the occurrence of Environmental Harm including the immediate incident response

Be conducted in a manner that is consistent with recognised investigation techniques such as ICAMS

Gather and record evidence

Seek the input of key stakeholders and

Identify Preventative and Corrective actions and document these in the Incident Notification Report

65 Environmental Incidents with Health and Safety Impacts

It is possible that where an Event occurs that causes Environmental Harm harm is also caused to the health safety or wellbeing of people In these situations there will also be a Health and Safety Incident process undertaken which is separate to the process outlined in this document

While the definition of the Environment covers people under the POEO Act the management of impacts upon them are carried out using the Health and Safety Incident Management protocols This is because Health Safety and Wellbeing requirements are governed by a range of legislation other than the POEO Act and this procedure is not comprehensive in that regard Sydney Metro has well established processes to manage impacts on people without the need for the Environmental Incident Process to intervene

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Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

Furthermore where Environmental Events cause harm to both the lsquoenvironmentrsquo and people it is possible that the root causes for the respective impacts are different It is also possible that differences in the severity of the impacts trigger inconsistent notification requirements and investigation levels It is prudent to identify appropriate and effective corrective actions that reduce the risk of impacts to both people and the environment therefore separate Incident Management Processes are undertaken in these situations

For more detail on the management of Health and Safety Incidents please refer to the Health amp Safety Incident Reporting amp Investigation Standard (SM-17-00000040)

66 Reporting Pollution Incidents to Relevant Authorities

If an Incident or Non-compliance is a Notifiable Event then a report must be provided to the relevant Regulatory Authority within the timeframe(s) specified by the relevant legislation Pollution Incidents which are causing or threatening Material Harm to the environment must be reported to each of the following authorities immediately after project personnel become aware of the Incident as required by Section 148 of the POEO Act 1997 The contact numbers for these authorities are listed in Table 5

Table 5 Contact details for Relevant Authorities

Type Example incident

EPA Environment Line 131 555

Local Authority Local Council (specific to area)

Ministry of Health Public Health Unit (refer to httpwwwhealthnswgovauPagesdefaultaspx to confirm local area contact details)

SafeWork NSW 131 050 or contactsafeworknswgovau

Fire and Rescue NSW 000

Relevant information required to be given to EPA when making a notification is specified in Section 150 of the POEO Act 1997 as follows

Time date nature duration and location of the incident

Location of the place where pollution is occurring or is likely to occur

Nature the estimated quantity or volume and the concentration of any pollutants involved

Circumstances in which the Incident occurred (including the cause of the Incident if known)

Action taken or proposed to be taken to deal with the Incident and any resulting pollution or threatened pollution and

Other information prescribed by the regulations

All relevant information known at the time of making the notification must be reported If the information required by (c) (d) or (e) above is not known at the time of initial notification but becomes known afterwards it must be reported to each authority immediately after it

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

becomes known Verbal notification must be followed by notification in writing within seven days of the date on which the Incident occurred

Pollution Incidents are not required to be reported if the Incident has already come to the attention of the EPA or the Incident involves only the emission of an odour

Failure to report a pollution Incident as required by the POEO Act 1997 is an offence

Where any work or activity is regulated by an Environment Protection License (EPL) notification of a pollution Incident to the EPA should be made by the licensee Thus where the contractor holds the EPL for the project notification to EPA shall be made by the contractor

For any work or activity that is not regulated by an EPL notification of pollution Incidents to EPA shall be made by Sydney Metro unless the contractor is instructed otherwise by Sydney Metro This includes pollution Incidents that occur as a result of pre-construction activities which may be undertaken prior to an EPL being required for a project Pre- construction activities are determined by the Planning Approval and may include for example geotechnical investigations or surveys

Where the Environmental Representative determines there to have been a significant off-site impact on people or the biophysical environment the program Director Sustainability Environment and Planning will notify the Secretary of the Department of Environment and Planning within 48 hours in accordance with Project Infrastructure Approval Conditions This notification will be followed by a full written report within seven days of the date on which the incident occurred

661 Maritime Related Incident Notification and Reporting

Marine Incidents involving vessels and personnel on board vessels must be reported to the Australian Maritime Safety Authority in accordance with the guidance published on their website at

Australian Maritime Safety Authority Incident Reporting and

Reporting obligations of owners and masters of domestic commercial vessels

67 Environmental Compliance Register

The Environmental Compliance Register is used to manage the information associated with reporting of Environmental Events This register is maintained by the Manager Environment and may be used by a variety of individuals to input data For access to the register or information on its use contact the Manager Environment

This register analyses the data it contains and produces environmental compliance statistics that are used to meet a range of reporting and environmental management requirements

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Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

7 Environmental Non-compliance

An Environmental Non-compliance is a breach of an Environmental Requirement originating from Planning Approvals Environment Protection Licenses lease agreements and other requirements documented in environmental management plans It is important to note that regardless of whether an event is classified as a Non-compliance or an Incident the process behind managing the event remains the same with the following exceptions

Non-compliances are not notifiable to Regulatory Authorities under the POEO Act

Non-compliances are reported to have occurred on the day the breach was raised as opposed to the date when the requirement was breached (this is to preserve historical reporting and analysis ndash see Section 71)

Non-compliances are not divided into severity classes (Section 52)

Non-compliances do not have the potential to trigger crisis or emergency management processes and

There is an informal notification process in the immediate timeframe following a Non-compliance being raised

When an Environmental Event occurs that causes Environmental Harm and also breaches one or more Environmental Requirements then an Incident Notification Report will be created which records what requirements were breached

If a Non-compliance is identified then it must be raised using the Environmental Incident and Non-compliance Report Form within 48 hours by the party responsible for the breach

71 Non-compliance Rate

A key environmental performance statistic used by Sydney Metro is the Non-compliance Rate This statistic provides a standardised way of comparing the performance of different projects or contractors The NC Rate is calculated using the following formula

= (119873119862119904 + 119868119899119888119894119889119890119899119905119904 119908119894119905ℎ 119887119903119890119886119888ℎ119890119904 119903119886119894119904119890119889 119894119899 119898119900119899119905ℎ) + (119874119901119890119899 119873119862119904 + 119874119901119890119899 119868119899119888119894119889119890119899119905119904 119908119894119905ℎ 119887119903119890119886119888ℎ119890119904 119891119903119900119898 119901119903119890119907119894119900119906119904 119898119900119899119905ℎ119904)

119879119900119905119886119897 119873119906119898119887119890119903 119900119891 119874119899119892119900119894119899119892 119877119890119902119906119894119903119890119898119890119899119905119904) 119883 100

Each month a count of the number of NCs raised and Incident raised where Environmental Requirements have also been breached is counted Added to this number is the number of these events which were raised in previous months that still held an Open status in the current reporting period Non-compliance and incident Events are considered Open if any of the associated Actions are Open The total is divided by the number of Environmental Requirements which are actively being complied with (Ongoing Requirements) and a multiplying factor of 100 is applied

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

8 Corrective and Preventative Actions

Whenever an Environmental Event is raised actions will be assigned to the event irrespective of whether it is an Issue Incident or Non-compliance These actions will generally be Corrective Actions which are implemented to eliminate the cause of the Incident Non-compliance or Issue and can be thought of as reactive measures in response to the Environmental Event

Preventative Actions may also be assigned to prevent the occurrence of an Incident Non-compliance or Issue and can be considered pro-active measures which may be recommended following a detailed investigation of the event

Actions must

Limit impacts as far as is reasonably practicable

eliminate risk where practicable

where is it not practicable to eliminate the risk follow the hierarchy of controls

address root causes and contributing factors and

be prioritised based on risk

The Executive Director Safety Sustainability amp Environment must ensure there are systems in place to

monitor corrective action status

escalate issues to the executive where progress on a corrective action is inadequate and

retain all corrective action responses for recording purposes

81 Action Status

Actions are allocated to a person who will take accountability for ensuring it is carried out within a timely manner and completed by the due date

Actions are either closed immediately if the Action has already been carried out and verified by Sydney Metro or are created with an open status The Action will remain in an open state until such a time as Sydney Metro verifies that the responsible person has completed the Action in a satisfactory manner Until all actions associated with an Incident Non-compliance or Issue are closed the original Environmental Event is considered to be open as well This is relevant when calculating the NC Rate as open Non-compliances and Incidents contribute toward the calculation of this statistic

Verification is determined by the Environmental Lead by sighting evidence of the Actions implementation

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 19 of 19

Environmental Incident and Non-compliance Reporting Procedure

9 Related Documents and References

10 Superseded Documents

11 Document History

Related Documents and References

Environmental amp Sustainability Management Manual

Risk Management Standard

Health amp Safety Incident Reporting amp Investigation Standard (SM-17-00000040)

Crisis Management Implementation Plan

Environmental Incident and Non-compliance Notification Report

Environmental Inspection Information amp Summary

Sydney Metro Glossary

Superseded Documents

There are no documents superseded as a result of this document

Version Date of approval Notes

10 31 March 2015 New document

20 7 July 2016 IMS Review

30 7 April 2017 IMS Review

40 23 November 2018 IMS Review

50 11 February 2019 IMS Review

51 18 February 2019 Minor correction to formula

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Appendix 10 ndash Sydney Metro Environmental Inspection template

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2016 CEMP Appendix 10 - Sydney Metro Inspection template Page 1 of 1

Environmental Inspection Report Template

Contract

Contractor Date

Inspection Number Time

Location

Weather

Attendees

Site Activities

Item No

Key Issues Action Party

Priority

(L M H)

Inspection by

Name Title Signature

Date

Copy to

- All attendees

-

-

-

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Appendix 11 ndash Georgiou Environmental Policy

COMPANY POLICY

Rob Monaci Chief Executive Officer Georgiou Group September 2020

ENVIRONMENTAL

Georgiou is committed to minimising where reasonably practicable its impact on the natural environment and social surroundings for the benefit of current and future generations while enhancing Georgioursquos environmental performance

In order to achieve this commitment Georgiou will

set environmental objectives and targets applicable to the aspects and potential impacts of projects and facilities

establish positive relationships with community and stakeholders

comply with all applicable environmental laws regulations statutory obligations and client environmental requirements

identify significant environmental aspects and develop effective and appropriate mitigation measures to minimise environmental impacts

provide measures to protect heritage biodiversity land and waterways

manage potential community impacts related to air quality noise and vibration

practice responsible resource use and waste management including the promotion of efficient use reuse and recycling of resources

implement and maintain Georgioursquos management system and practices to meet its business needs ASNZS ISO 14001 client and other obligations and

hold employees and subcontractors accountable for proactively meeting their environmental responsibilities

Achieving these commitments is fundamental to demonstrate a positive impact on the environment and communities associated with Georgioursquos activities and developments All employees and persons who work with Georgiou have a personal responsibility for implementing this Policy

SAFE

TY |

PRO

FIT

| RE

LATI

ON

SHIP

S |

PEO

PLE

| IN

NO

VAT

ION

Page 5: Environmental Management Plan - NSW - Georgiou

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Appendix 1A ndash Sydney Metro Waste Classification Procedure 42

Appendix 2- Soil and Water Management Sub Plan 43

Appendix 3- Hydrocarbon and Chemical Management Sub Plan 46

Appendix 4 - Flora amp Fauna Management Sub Plan 50

Appendix 5 - Cultural Heritage Management Sub Plan 53

Appendix 5A ndash Sydney Metro Unexpected Heritage Finds Procedure 55

Appendix 5B ndash Sydney Metro Exhumation Management Procedure 56

Appendix 6 - Air Quality amp Dust Management Sub Plan 57

Appendix 7- Noise Vibration and Light spill Management Sub Plan 59

Appendix 7A ndash Sydney Metro Out of Hours Application form 61

Appendix 8 ndash Contaminated Land Management Sub Plan 62

Appendix 8A ndash Unexpected Contamination finds procedure 67

Appendix 8B ndash Unexpected Asbestos finds procedure 71

Appendix 9 ndash Sydney Metro Incident and non-compliance reporting procedure 78

Appendix 10 ndash Sydney Metro Environmental Inspection template 79

Appendix 11 ndash Georgiou Environmental Policy 80

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GLOSSARY ABBREVIATIONS

Term Expanded text

AFMP Ancillary Facilities Management Plan

BC Act Biodiversity Conservation Act 2016

CoA Condition of approval

Compliance audit Verification of how implementation is proceeding with respect to an CEMP (which incorporates the relevant approval conditions)

CPESC Certified practising erosion and sediment control professional

CRM Community Relations Manager

CPESC Certified practising erosion and sediment control professional

CSSI Critical State Significant Infrastructure

DEC Department of Environment and Conservation (NSW) (former)

DIPNR Department of Infrastructure Planning and Natural Resources (former)

DoEE Commonwealth Department of the Environment and Energy

DoI - Water NSW Department of Industry - Water

DPIE NSW Department of Planning Industry and Environment

Ecologically sustainable development (ESD)

Using conserving and enhancing the communityrsquos resources so that the ecological processes on which life depends are maintained and the total quality of life now and in the future can be increased (Council of Australian Governments 1992)

EIS Environmental Impact Statement

EMS Environmental Management System

Environmental aspect

Defined by ASNZS ISO 140012015 as an element of an organisationrsquos activities products or services that can interact with the environment

Environmental impact

Defined by ASNZS ISO 140012015 as any change to the environment whether adverse or beneficial wholly or partially resulting from an organisationrsquos environmental aspects

Environmental incident

An unexpected event that has or has the potential to cause harm to the environment and requires some action to minimise the impact or restore the environment

Environmental objective

Defined by ASNZS ISO 140012015 as an overall environmental goal consistent with the environmental policy that an organisation sets itself to achieve

Environmental policy

Statement by an organisation of its intention and principles for environmental performance

Environmental target

Defined by ASNZS ISO 140012015 as a detailed performance requirement applicable to the organisation or parts thereof that arises from the environmental objectives and that needs to be set and met in order to achieve those objectives

EPA NSW Environment Protection Authority

EPampA Act NSW Environmental Planning and Assessment Act 1979

EPBC Act Commonwealth Environment Protection and Biodiversity Conservation Act 1999

EPL NSW Environment Protection Licence under the Protection of the Environment Operations Act 1997

ERG Environmental Review Group

ESCP Erosion and Sediment Control Plan

EWMS Environmental Work Method Statement

Federal-CoA Condition of the Federal Department of the Environment and Energy Approval Decision

Hold point Is a verification point that prevents work from commencing prior to approval

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LGA Local Government Area

MNES Matters of National Environmental Significance

Non-compliance Failure to comply with the requirements of the Project approval or any applicable licence permit or legal requirements

NSW-CoA Condition of the NSW DPampE Infrastructure Approval

OEH NSW Office of Environment and Heritage

OOHW Out of hours work

PIRMP Pollution Incident Response Management Plan

POEO Act Protection of the Environment Operations Act 1997 (NSW)

RAP Registered Aboriginal Party

RBL Rating background level

REF Review of Environmental Factors

ROL Road occupancy licence

SAP Sensitive Area Plan

SEPP State Environmental Planning Policy

UXO Unexploded Ordnance

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CEMP Bays Road Relocation Works

1 INTRODUCTION AND PURPOSE

The purpose of this Construction Environmental Management Plan (CEMP) is to describe how environmental aspects

are to be managed so that the site and those engaged onsite will

Comply with Georgiou Policy Client legal and other obligations

Minimise the impacts on the environment

Achieve the Company client and site objectives and targets

implement mitigation measures identified and assessed through Review of Environmental Factors (REF) under

Part 5 of the EPampA Act

Comply with the requirements of the Construction Environmental Management Framework (CEMF) February

2020 version 41 Managing Contractor Contract (MCC) Works Brief licencing and other relevant documents

This Management Plan is written in accordance with Georgioursquos health safety and environment management

system that is 3rd party certified to ASNZS ISO 14001 It has been written in accordance with the Transport for

New South Wales (TfNSW) Sydney Metro Construction Environmental Management Framework (CEMF) and the

project specific Sydney Metro General Specification ndash Plans and Reporting

Amendments and Authorisation

This Management Plan will be approved by the Project Manager their Line Manager and a Representative from the

HSE Department This Management Plan and other related documents will be reviewed annually or as a result of

Changes to Company procedures or processes

Changes to key personnel or resources

Changes in legal and other obligations

Findings from an audit or inspection

Findings from a significant incident or near miss

Significant changes to site conditions andor work methods

Instructions from Sydney Metro

Reviews will be undertaken in consultation with key stakeholders to ensure all locationsfunctions are considered

A record of the date and comments relating to any revisions of this document will be included in the revision table

The only Georgiou authorisation required to amend this document after initial approval is the Project Managerrsquos

Communication of this Plan

The Project Manager is accountable for ensuring

Location and access to the management plans is communicated at induction Management Plans have been communicated to subcontractor personnel prior to commencement of works

onsite Any changes made to the management plan are communicated to affected persons on the site

Supporting Management Plans

The following management plans have been developed to support this management plan

Emergency Response and Preparedness Plan

Georgiou Crisis Management Plan (controlled by Georgioursquos Perth Head Office and available on Company Intranet)

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2 SCOPE OF WORKS

Sydney Metro is proposing to configure the internal port road network at Rozelle to facilitate the orderly urban

renewal of the Bays West area while maintaining access to the White Bay Cruise Terminal and other port operations

at Glebe Island and White Bay This includes long-term urban renewal initiatives for the Bays West area and works

for various future developments within the locality including critical works for the proposed Sydney Metro West

The proposal also provides the opportunity to improve road safety by reducing conflicting traffic movements in the

internal port road network

Georgioursquos scope of works is described as lsquoPhase 1rsquo works in the REF and it comprises of the following key

features

A reconfigured intersection at Port Access Road Solomons Way Sommerville Road including an interim

connection with the existing Port Access Road until it is relocated (as part of Phase 2)

Establishment of one-way traffic circulation along Solomons Way and Sommerville Road around the Glebe Island

Silos

Relocation of the Cement Australia Truck Parking Licenced Area to the north prior to the construction of the

reconfigured intersection due to the direct conflict with the reconfigured intersection

3 LOCATION

The proposal is located in an established industrial and port context at Rozelle within the Inner West Council local

government area

The lsquoproposal sitersquo refers to the area that would be directly impacted by the proposal as shown in Figure 1-1 The

proposal site is largely disused with the exception of the Port Access Road and port related lease areas including a

Cement Australia Truck Parking Licenced Area to service Cement Australiarsquos operations at the Glebe Island Silos

The proposal site is under the ownership of the Port Authority of NSW

To the north of the proposal site is the existing Port Access Road that supports access to the White Bay Cruise

Terminal and other port operations at White Bay To the east of the site is the existing Cement Australia and Sugar

Australia Glebe Island Silos and the Gypsum Resources Australia facility The south-eastern border of the site is

vegetated land adjoining Victoria Road Western Distributor The proposed location for the relocated Cement

Australia Truck Parking Licenced Area is currently a hardstand laydown area used by Port Authority of NSW

Beyond the proposal site the wider locality features a mix of land uses including retail commercial and urban

services along Robert Street to the north port and maritime uses to the east (Glebe Island and White Bay) and to

the south and City West Link Road and residential dwellings to the west in Rozelle

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Figure 3-1 Site location

4 ENVIRONMENTAL MANAGEMENT SYSTEM OVERVIEW

The following documents provide further information in regards to this topic

Management System Standard

Environmental Management System

The CEMP has been prepared in accordance with the overarching environmental management system (EMS) as

detailed below

Georgiou has a certified EMS consistent with ASNZS ISO 14001 Environmental Management Systems and will

prepare CEMPs in accordance with this EMS

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Policy

This Management Plan has been prepared in accordance with Georgioursquos Environmental Policy (appendix 11) All

relevant works including those conducted by subcontractors or by other companies on Georgioursquos behalf will

conform to this Policy

Georgioursquos Environmental Policy will be communicated to all workers at their site induction and displayed at the

site Georgioursquos policies will be made available to any interested party

Environmental Management Plan

This CEMP provides the system to manage and control the environmental aspects of the Project during pre-

construction and construction It identifies all the requirements applicable to manage the activities described in

Section 2 It also provides the overall framework for the system and procedures to ensure environmental impacts

are minimised and legislative and other requirements are fulfilled The strategies defined in this CEMP have been

developed with consideration of the Project approval requirements environmental management measures

presented in the approval documents This CEMP establishes the system for implementation monitoring and

continuous improvement to minimise impacts from the Project on the environment

This CEMP is consistent with

ASNZS ISO14001 2004 lsquoEnvironmental Management Systems - requirements with guidance for usersquo

Georgiou HSEQ Management System

Environmental Policy

Georgious Management is committed to regulatory

compliance pollution prevention and continous

improvement

Planning

Identify environmental interactions and signficant

aspects identify legal and other requirements and development

environmental objectives targets and the programs in

which to achieve them

Implementation and Operation

Define structure and responsibility identify and complete training

needs establish communication procedures document the EMS

through policies plans and procedures establish document

control establish operational control implement emergency

preparedness and response

Checking

Monitor and measure environmental interactions

evaluate compliance establish a non-conformance corrective

action and preventative action system maintain records and

perform periodic internal audits of the EMS

Management Review

Management to review environmental performance

EMS performance policy priorities and objectives and recommend improvements

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5 LEGAL AND OTHER OBLIGATIONS

The following documents provide further information in regards to this topic

Management System Standard

HSE Legal and Other Obligations Directory

General

The statutory requirements for this site have been identified within the Company HSE Legal and Obligations

Directories (available on Company Intranet) and have been incorporated into this management plan Legal and

other requirements specific to this contract which are not otherwise captured in the Company HSE Legal and

Obligations Directories are as follows

Legislation Other requirement

Requirement Comment

EPBC Act 1999

Under the EPBC Act a referral to the Commonwealth Department of Agriculture Water and the Environment is required for proposed lsquoactionsrsquo that have the potential to significantly impact on any matter of national environmental significance the environment in general or the environment of Commonwealth land (including leased land)

There are no matters of national environmental significance located within the general area of the proposal as confirmed in Appendix A of the REF Therefore an EPBC Act referral is not required

EPampA Act 1979

Clause 94 of the ISEPP outlines that development for the purpose of road and road infrastructure facilities which are permissible without the need for development consent under Part 4 of the EPampA Act when carried out by a public authority

Sydney Metro is a public authority and has prepared an REF and determination report to meet the assessment requirements under the EPampA Act

EPampA Regulation 1979 Under clause 228 of the factors to take into account concerning the impact on an activity on the environment

The REF and determination report prepared by Sydney Metro has considered factors under clause 228

ISEPP 2007

Division 1 of Part 2 of the ISEPP contains provisions for public authorities to consult with local councils and other public authorities prior to the commencement of certain types of development

Sydney Metro will conduct consultation with local councils and other authorities prior to commencement of construction

Biosecurity Act 2015

Under the Biosecurity Act 2015 all plants including weeds are regulated with a general biosecurity duty to prevent eliminate or minimise any biosecurity risk they may pose Any person who deals with any plant who knows (or ought to know) of any biosecurity risk has a duty to ensure the risk is prevented eliminated or minimised so far as is reasonably practicable

The State level priority weeds and associated legal requirements relevant to the region are outlined in the Greater Sydney Regional Strategic Weed Management Plan 2017-2022 (Greater Sydney Local Land Services 2017)

As such if present priority weeds on the site would be assessed and controlled to fulfil the General Biosecurity Duty and minimise biosecurity risks

Contaminated Land Section 60 of the Contaminated Land Management Act 1997 imposes a duty on

One site (former White Bay Power Station) that is currently regulated by

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Management Act 1997 landowners to notify the NSW EPA and potentially investigate and remediate land if contamination is above NSW EPA guideline levels

the NSW EPA is located within the proposal site

Given the proposed works are predominately surficial or up to one metre below existing site levels contamination risk is considered minor and manageable

Biodiversity

Conservation Act 2016

The Biodiversity Conservation Act 2016 provides for the protection of threatened species populations and ecological communities in NSW If a threatened species population or ecological community or its habitat is likely to occur in any area that may be affected by the proposal then an assessment of significance must be prepared to determine whether the proposal would have a significant impact

The site is unlikely to contain suitable habitat for any listed threatened species or community and is unlikely to have a significant impact on any threatened species or community

Heritage Act 1977

The NSW Heritage Act 1977 (Heritage Act) provides protection for items of lsquoEnvironmental heritagersquo in NSW Items considered to be significant to the State are listed on the State Heritage Register (SHR) and cannot be demolished altered moved or damaged or their significance altered without approval from the Heritage Council of NSW

Section 170 of the Heritage Act requires government agencies to maintain a heritage and conservation register (Section 170 register) These registers provide a list of government assets which may have State or local heritage significance

Sections 139 to 145 of the Heritage Act prevent the excavation or disturbance of land known or likely to contain relics unless in accordance with an excavation permit Excavation permits are issued under Section 140 of the Heritage Act or Section 60 for sites listed on the SHR Excavation Permit Applications must be supported by an Archaeological Research Design Section 146 of the Heritage Act requires that any discovery or location of a lsquorelicrsquo is reported to the Heritage Council

The road footprint for Georgioursquos scope of works is located outside of the heritage curtilage for the SHR-listed White Bay Power Station and does not extend north to the White Bay Power Station (Inlet) Canal (Port Authority of NSW s170 4560062)

The Glebe Island Silos (Port Authority of NSW s170 4560016) and the Glebe Island Dyke Exposures (Port Authority of NSW s170 4560056) are located immediately adjacent to the road footprint

As detailed in the REF it is unlikely that archaeological relics would be impacted by the works therefore a Section 139 exception or Section 140 permit are not required for the works

National Parks and

Wildlife Act 1974

Sections 86 87 and 90 of the National Parks and Wildlife Act 1974 require consent from the Environment Energy and Science Group of the Department of Planning Industry and Environment for the destruction or damage of Aboriginal objects

The proposal is unlikely to disturb any Aboriginal objects (refer Section 77)

However if unexpected archaeological items or items of Aboriginal heritage significance are discovered during the construction of the proposal the Sydney Metro Unexpected Finds procedure would be followed

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Protection of

the Environment

Operations Act 1997

The Protection of the Environment Operations Act 1997 (POEO Act) administers environment protection licences (EPLs) for specific activities relating to air water and noise pollution and waste management The Environment Protection Authority (EPA) and local government where relevant administer the POEO Act

Development activities require an EPL under the POEO Act if those activities meet the assessment criteria outlined in Schedule 1 of the Act

The proposal does not meet the definition of a scheduled activity under Schedule 1

In addition the POEO Act would require construction to be managed to prevent and avoid the potential to cause water noise andor air pollution The Act also includes requirements in relation to the management of waste

Notification to the EPA would also be required (as the administrators of this Act) in instances where any pollution incident has the potential to lsquocause or threaten material harm to the environmentrsquo (refer to Section 148 of the Act)

Roads Act 1993

In accordance with Section 138 of the Roads Act 1993 consent from NSW Transport for NSW would be required for the carrying out of work in on or over a classified road

For works on unclassified roads Clause 5 of Schedule 2 of the Act provides that a public authority is not required to obtain a road authorityrsquos consent

Ongoing consultation would be carried out with the relevant road authority (or authorities) in relation to the potential impacts that may occur to all of the roads and to identify any potential construction activities may be require consent

Waste avoidance and

Resource Recovery

Act 2001

The purpose of the Waste Avoidance and Resource Recovery Act 2001 is to develop and support the implementation of regional and local programs to meet the outcomes of a State-wide strategy for waste avoidance and resource recovery

It also aims to lsquominimise the consumption of natural resources and final disposal of waste by encouraging the avoidance of waste and the reuse and recycling of wastersquo

Waste generation and disposal reporting would be carried out during the construction and operation of the proposal Procedures would be implemented during construction in an attempt to promote the objectives of the Act

Water Act 1912 and

Water Management

Act 2000

The Water Act 1912 and the Water Management Act 2000 are the two key pieces of legislation for the management of water in NSW and contain provisions for the licensing of water access and use

The proposal would not involve any water use water management works drainage or food works controlled activities or aquifer interference

National Greenhouse and Energy Reporting Act 2007

The Act established a framework for reporting of greenhouse gas emissions abatement actions energy consumption and production data

The project will report on greenhouse gas and energy usage data as required by the Act

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Contractual Environmental Requirements

This Management Plan has been written to comply with the following Sydney Metro CEMF requirements

Requirement Reference

Scope of Applicability (Any Sections of the CEMF not addressed in the left hand column of

this table do not apply) Addressed by

CEMF Requirements

Section 1 full applicability This document

Section 4

Section 2 full applicability Section 5

Section 23

Standards and guidelines applicable to the works including o ISO14001 Environmental Management System ndash Requirements

with Guidelines for Use o Interim Construction Noise Guidelines (Department of

Environment and Climate Change 2009) o Managing Urban Stormwater Soil and Construction (Landcom

2008) o AS42821997 Control of the Obtrusive Effect of Outdoor Lighting o Waste Classification Guidelines (Department of Environment

Climate Change and Water 2008) o Australian and New Zealand Guidelines for Fresh and Marine

Water Quality

Section 41

Appendix 7

Appendix 2

Appendix 1

Section 32

Only applies with respect to Construction for o SMP1 o SMP2 o SMP5 o SMP6 o SMP7 o SMP14 o SMP18 o SMP19 o SMP30

Separate sustainability management plan

Section 34

34(d) (x) applies only to the extent of addressing environmental inspections

34(d) (xi) does not apply

Approval by DPIE is not required under 34(e)

34(f) Applies with respect to o Unexpected Finds Procedure (Heritage) o Environmental Incident and Non-compliance Reporting Procedure o Construction Noise and Vibration Standard o Out of Hours Work Application Form o Unexpected Finds Procedure (Contamination)

This document

Appendices 1-10

Section 36 36(b) only applies with respect to the drafting of a Waste Management Procedure and an Unexpected Finds Procedure for Contamination

Appendix 1

Appendix 8

Section 39 39(a) (iii) does not apply 39(b) does not apply

39(b) does not apply Section 11

Section 310 Applies except that a Pollution Incident Response Plan is not required Section 12

Section 312 312(a)(i) does not apply

312(a)(iv) does not apply Section 6

Section 313

313(b) does not apply

313(d) does not apply

313(e) does not apply

Section 15

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CEMP Bays Road Relocation Works

Section 314 Full Applicability Section 13

Appendix 9

Section 315 315(d) does not apply with respect to internal audits carried out by the Principal Contractor

Section 16

Section 316 316(d) does not apply where the Principal Contractors works last less than 1 year

Section 15

Section 4 42(a) does not apply

45(c) does not apply Section 72

Section 5 51(c) does not apply

54 does not apply Appendix 7

Section 6 Only 61 applies

Sustainability management plan

Section 7 71 does not apply

72 does not apply

Appendix 2

Section 8

81 full applicability

A Construction Noise and Vibration sub-plan is not required however the CEMP must address

82(a) (iii) and (b) for Site Establishment Activities

Appendix 7

Section 9

91 (a) (i) is not applicable

A Heritage Management plan is not required however the CEMP must address the following requirements

92 (iii)

92 (ix)

92 (c) (iii)

Appendix 5 5A 5B

Section 10

101 (ii) does not apply

102(a) (iii) applies with respect to the relocation of fauna only

102(b) (i) applies

102 (b) (ii) applies

All other sections are not applicable

Appendix 4

Section 11 111 (ii) does not apply

112 does not apply Section 72

Section 12

A Soil and Water Management Plan is not required however the CEMP must address the following requirements

122 (vi)

Appendix 2

Section 13 131 full applicability

132 does not apply Appendix 6

Section 14

141 full applicability

A Waste Management Plan is not required however the CEMP must address the following Requirements

142 (a) (iv)

142 (a) (v)

142 (b) (i)

142 (d)

Appendix 1

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CEMP Bays Road Relocation Works

REF Determination Conditions of Approval

The project is subject to compliance with the Conditions of Approval (CoA) identified below these are from the

REF Determination Report (August 2020) These Conditions of Approval are consistent with the management and

mitigation measures in the REF (April 2020) with some amendments due to the project changes identified in the

REF determination report

CoA Requirement Addressed by

REF Determination Conditions of Approval

NV1 Receivers that would potentially be affected by noise andor vibration from the works would be appropriately notified before the relevant works start

This would include details on the nature of works to be carried out the expected noise levels duration of noise generating construction works and contact details during construction

Appendix 7

NV2 Where vibration levels are predicted to exceed the screening criteria a more detailed assessment of the structure (in consultation with the relevant asset owner and a structural engineer) and attended vibration monitoring would be carried out to ensure vibration levels remain below appropriate limits for that structure

For heritage buildings and structures the more detailed assessment would specifically consider the heritage values of the structure in consultation with a heritage specialist to ensure sensitive heritage fabric is adequately monitored and managed

Appendix 7

NV3 Condition surveys of buildings and structures near to the proposal would be undertaken in consultation with the relevant owner prior to the commencement of vibration intensive works where appropriate For heritage buildings and structures the surveys would consider the heritage values of the structure in consultation with a heritage specialist

Sydney Metro

NV4 Alternative construction methodologies would be considered where vibration intensive works (typically site clearing ndash demolition) result in exceedances of cosmetic damage screening criteria and may include the following

The use of hydraulic concrete shears jaw crushers coring and wire sawing in lieu of rockbreakers for demolition of structures

Use of smaller capacity rockbreakers or lower vibration generating rockbreakers

Isolating the vibration sensitive structure from the vibration intensive work area by severing the vibration transmission path using non-vibration intensive means such a sawing

Appendix 7

NV5 The potential vibration impacts to underground utilities and services would be reviewed as the proposal progresses in consultation with the asset owners and the Port Authority of NSW

Appendix 7

T1 Clear wayfinding and safety signage would be provided to direct and guide vehicles not related to the proposal during road construction works This would be supplemented by Variable Message Signs to advise drivers of traffic diversions speed restrictions or alternative routes

Traffic management plan (TMP) and Traffic control plans (TCPs) will address

T2 The Port Authority of NSW and lease holders would be notified in advance of any proposed road changes within the port area and the potential for short term delays

Sydney Metro

Georgiou must provide written notifications to Sydney Metro on road changes in

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CEMP Bays Road Relocation Works

advance of each relevant road change within the port area

T3 Construction site traffic would be managed to minimise movements during peak periods

Traffic management plan (TMP) and Traffic control plans (TCPs) will address

T4 Access to Cement Australia and other leased areas would be maintained in consultation with Port Authority and lease holders

Sydney Metro

Georgiou will provide required information to SM

T5 All staff parking would be provided on-site and not on surrounding local streets

Traffic management plan (TMP) and Traffic control plans (TCPs) will address

NAH1 An Archaeological Work Method Statement would be prepared and implemented where excavation is required The Archaeological Work Method Statement would outline the requirements of archaeological monitoring and recording where archaeological remains of potential local significance may be impacted

Sydney Metro

(Transferred to Georgiou under VO-003)

C1 Sampling and testing of soils in areas of potential contamination concern would be conducted to characterise the soils (with respect to contamination) and determine the appropriate waste classification (which may include hazardous wastes or special wastes) and management response Waste classification would be carried out in accordance with the Waste Classification Guidelines Part 1 Classifying Waste (NSW Environment Protection Authority 2014)

Appendix 1

Appendix 1A

C2 Soils would be managed in accordance with the Protection of the Environment Operations (Waste) Regulation 2014 and disposed of to an appropriately licensed waste management facility

Appendix 1

Appendix 1A

C3 Erosion and sediment measures would be implemented in accordance with the principles and requirements in Managing Urban Stormwater ndash Soils and Construction Volume 1 (Landcom 2004) and Volume 2D (NSW Department of Environment Climate Change and Water 2008)

Appendix 2

C4 All fuels chemicals and hazardous liquids would be stored in accordance with Australian standards and EPA Guidelines Any refuelling carried out on-site would be carried out in designated areas only and spill kits would be available as part of any worksite

Appendix 3

C5 Prior to ground disturbance in areas of potential acid sulfate soil occurrence testing would be carried out to determine the presence of actual andor potential acid sulfate soils If acid sulfate soils are encountered they would be managed in accordance with the Acid Sulfate Soil Manual (Acid Sulfate Soil Management Advisory Committee 1998)

Appendix 2

LV1 The design and maintenance of construction site fencing would aim to minimise visual amenity impact where visible from public areas

Section 722

LV2 Lighting of construction areas (if required) would be orientated to minimise glare and light spill impacts on adjacent receivers

Appendix 7

WR1 All waste would be assessed classified managed transported and disposed of in accordance with the Waste Classification Guidelines and the Protection of the Environment Operations (Waste) Regulation 2014

Appendix 1

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The waste management hierarchy principles established under the Waste Avoidance and Resource Recovery Act 2001 of avoidreducereuserecycledispose would be applied to the construction of the proposal

AQ1 The following best-practice dust management measures would be implemented during all construction works

Regularly wet-down exposed and disturbed areas including stockpiles especially during dry weather

Adjust the intensity of activities based on measured and observed dust levels and weather forecasts

Minimise the amount of materials stockpiled and position stockpiles away from surrounding receivers

Regularly inspect dust emissions and apply additional controls as required

Appendix 6

AQ2 Plant and equipment would be maintained in a proper and efficient manner Visual inspections of emissions from plant would be carried out as part of pre-acceptance checks

Appendix 6

GHG1 Opportunities to reduce greenhouse gas emissions through the increased use of recycled materials would be investigated during detailed design

Sydney Metro

CI1 The likelihood of cumulative (ie concurrent and consecutive) construction impacts would be reviewed during detailed design when detailed construction schedules are available

Co-ordination and consultation with the following stakeholders would occur where required to manage the interface of projects under construction at the same time

Transport for NSW including Transport Coordination

Department of Planning Industry and Environment

Port Authority of NSW

Sydney Motorways Corporation

Construction contractors

Co-ordination would occur between potentially interacting projects to minimise concurrent or consecutive works in the same areas where possible

Sydney Metro

Georgiou must participate in any consultation as requested by the Principal and provide the Principal with all information and documentation the Principal requires to comply with condition

Environmental Licences and Permits

The Project Environmental Site Representative will be responsible for

Checking with the local government municipality to see if there are local environmental requirements Identifying the environmental licences and or permits under which the site will operate Obtaining a copy of any client held licences permitsapprovals to determine conditions of compliance or if not

available obtaining written verification that licences and permits are held Obtaining Georgiou held licences and or permits Monitoring compliance to the conditions of the licencepermit and report on the status in the Project HSEQ

Performance Report and to the client

Permits and licences relevant to the project are as follows

Permit licence Responsibility Status

Environmental protection licences (EPL) under the Protection of the Environment Operations Act 1997 for road construction

Georgiou Not required as this project does not trigger a scheduled activity under the POEO Act 1997

Road Occupancy Licences Georgiou To be applied for as required

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Infringement Improvement and Prohibition Notices

The Project Manager or delegate will ensure any infringement improvement or prohibition notice issued by a

regulatory authority recorded as a incident in Georgioursquos Incident reporting database (Beakon) and appropriate

actions taken in a timely manner A copy of the infringement improvement or prohibition will be added to the

incident report and forwarded to the HSE Business Unit Lead

The Project Manager will notify via email their General Manager Construction Manager Operations Manager

HSE Business Unit amp Environmental Site Representative Lead when the infringement improvement or prohibitions

notice has been closed out

Availability of Statutory and Other Information

Georgioursquos HSEQ Department maintains links to current statutory documents (Acts Regulations and Codes of

Practice) in the HSE Legal and Other Obligations Directories which are located on Georgioursquos Intranet

(GENIE)Georgiou subscribes to Environmental Essentials product Envirolaw which is available to all personnel

through the intranet link Envirolaw summarises environmental legal obligations provides links to legislation and

guidelines as well as providing search capabilities

Changes in legislation are monitored by the HSEQ Department and site management will be notified where a change

affects a site The Project Manager will be responsible for communicating changes in accordance with section 7

HSE will ensure the change is reflected in this Management Plan and other relevant plans and documents as

applicable

Objectives amp Targets

Objectives and targets have been set for the site taking into account the significant hazards and environmental

aspects of the job the group objectives and client and contractual requirements These are documented in the

table below

Item Description Measurement Target

1 Successful implementation of CEMP and contract requirements

Audits inspections reporting management reviews

0 NCRs associated with CEMP implementation

2 Compliance with all legal requirements Audits reporting management reviews

0 regulatory infringements (PINs or prosecutions)

3 Engage with the affected and broader community minimise complaints and respond to any complaints within a suitable timeframe

Review complaints register reporting audits

0 NCRs associated with CCS implementation

4 Environmental incidents with the potential to cause material harm to the environment

Number of material harm incidents 0

5 Continuously improve environmental performance

Regular environmental inspections

Regular Leadership visits

Share environmental best practice and innovations across projects

1 environmental inspection per week

1 Leadership visit per month

1 NSW Environmental meeting per month

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6 Environmental Awareness for all workers

Conduct all Toolboxes and training identified in this CEMP

1 environmental toolbox per month on relevant site issues

Additional objectives and targets may be set specifically for activities identified for upcoming works Performance

against all HSE objectives will be monitored as a minimum monthly at site meetings

6 STRUCTURE AND RESPONSIBILITIES

Organisational Structure

The site organisational structure has been documented in the Site Organisational Chart The Site Organisational

Chart identifies the roles that will support the site in fulfilling their HSE responsibilities

Roles and Responsibilities and Authority

The Project Manager is accountable for the environmental performance of the project and the implementation of

the projectrsquos management plans Key personnel and their site responsibilities are detailed below

Project Manager ndash Brad Collins

The environmental responsibilities of the Project Manager include (but are not limited to) the following

Ensure all works comply with relevant regulatory and Project requirements Ensure the requirements of this CEMP are fully implemented and in particular that environmental

requirements are not secondary to other construction requirements Endorse and support the environmental policy Be aware of their environmental responsibilities as detailed in the management plans Actively ensure that subcontractors and suppliers are complying with environmental requirements Liaise with the client and other government authorities as required Participate and provide guidance in the regular review of this CEMP and supporting documentation Provide adequate resources (personnel financial and technological) to ensure effective development

implementation and maintenance of this CEMP Ensure that all personnel receive appropriate induction training including details of the environmental and

community requirements Ensure that complaints are investigated to ensure effective resolution Stop work immediately if an unacceptable impact on the environment is likely to occur Hold monthly HSEQ management meetings to review environmental performance and monitor

implementation and effectiveness of the management system Ensure their direct reports fulfil their environmental responsibilities and achievement of KPIrsquos Support workers to immediately stop any lsquoat risk behaviourrsquo identified during their work activities

Project Site Engineer ndash Richard Kelly

The environmental responsibilities of the Project engineers include (but are not limited to) the following

Provide input into the preparation of environmental planning documents as required Ensure that instructions are issued and adequate information provided to employees that relate to

environmental risks on-site Ensure that the works are carried out in accordance with the requirements of the CEMP and supporting

documentation including the implementation of all environmental controls Identify any environmental risks Identify resource needs for implementation of CEMP requirements and related documents Ensure that complaints are investigated to ensure effective resolution

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Take action in the event of an emergency and allocate the required resources to minimise the environmental impact

Report any activity that has resulted or has the potential to result in an environmental incident immediately to the Supervisor and Environmental Site Representative

Supervisor ndash Eddie Storer

The Supervisor is responsible for creating an exemplary HSE culture and ensuring adherence to the Management System on their site The Supervisor is responsible for approving the commencement of works and to allocate necessary resources to complete a job safely in accordance with the Management Plan and will

Demonstrate commitment to the Environment by monitoring the workplace to ensure work practices are adhered to by way of routine checks of the workplace compliance to the Management Plan

Demonstrating through their actions and behaviour that safety and the environment are core values Hold Supervisors and leading hands (Georgiou amp subcontractors) accountable for the fulfilment of their

Environmental responsibilities including KPIrsquos Be given the authority and independence to require reasonable steps be taken to avoid or minimise

unintended or adverse environmental impacts Allocating work to ensure appropriate supervision for those with lesser experience Ensuring appropriate and necessary plant and equipment is provided for workers to carry out their work

safely and without undue harm to the environment Stopping rejecting or quarantining materials plant and equipment Supporting workers to immediately stop any lsquoAt Risk Behaviourrsquo identified during their work activities Participating in audits investigations and constructability reviews Management and HSE performance of the subcontractors utilised on site

Environmental Site Representative ndash Chloe Redman

The environmental responsibilities of the Environmental Site Representative include (but are not limited to)

overall responsibility for the implementation of environmental matters on the Project development implementation monitoring and updating of the EMP and sub-plans in accordance with

ISO14001 report to the Project Manager on the performance and implementation of the CEMP to ensure management

reviews of the CEMP are undertaken annually documented and actions implemented ensure environmental risks of the Project are identified and appropriate mitigation measures implemented identify where environmental measures are not meeting the targets set and where improvement can be

achieved ensure environmental protocols are in place and managed ensure environmental compliance obtain and update all environmental licences approvals and permits as required liaise with the approval authorities manage environmental document control reporting inductions and training manage environmental reporting within the Project team and to the Client and regulatory authorities prepare reports on a monthly basis outlining the Project works undertaken and the achievements that have

been met as well as identifying those areas where improvements were made oversee site monitoring inspections and audits manage all sub-contractors and consultants with regard to environmental matters including assessing their

environmental capabilities and overseeing the submission of their environmental documents develop and facilitate induction toolbox talks and other training programs regarding environmental

requirements for all site personnel notify the client and relevant authorities in the event of an environmental incident and manage close-out of

these stop activities where there is an actual or immediate risk of harm to the environment or to prevent

environmental non-conformities and advise the Project Manager and Supervisor assist the Community Relations Manager to resolve environment-related complaints

undertake site inspections carry out monitoring activities and complete site checklists ensure monitoring records are appropriately maintained reviewed and any non-compliance issues addressed assist in identifying environmental risks

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advise the Project Manager of the need to stop work immediately if an unacceptable impact on the environment is likely to occur or to require other reasonable steps to be taken by the site Construction staff to avoid or minimise impacts

Environmental Consultants

Georgiou has engaged consultancy contracts with the following companies

Ade Consulting - Contaminated land and hygienist services VMS ndash Noise and Vibration Management Services ARTEFACT ndash Archaeological and Heritage Consultants

Throughout the works there may be the requirement to engage other specialist environmental consultants or change the consultants listed above All Environmental consultants engaged to provide specialist advice on environmental matters are responsible to

comply with the relevant requirements of the CEMP or other environmental management guidance as instructed by a member of the Projectrsquos management

participate in the mandatory Projectsite induction program report any environmental incidents to the Supervisor immediately or as soon as practicable if reasonable

steps can be adopted to control the incident Stop activities where there is an actual or immediate risk of harm to the environment and advise the

Supervisor Ensuring compliance with the requirements of the HSE management system Adhering to all permit requirements Complying with all statutory and regulatory requirements

All Personnel

All personnel on site are responsible for

comply with the relevant requirements of the CEMP or other environmental management guidance as instructed by a member of the Projectrsquos management

participate in the mandatory Projectsite induction program report any environmental incidents to the supervisor immediately or as soon as practicable if reasonable

steps can be adopted to control the incident undertake remedial action as required to ensure environmental controls are maintained in good working

order Stop activities where there is an actual or immediate risk of harm to the environment and advise the

Supervisor Ensuring compliance with the requirements of the HSE management system Participating and adhering to SWIrsquos and JHArsquos Adhering to all permit requirements Immediately stopping any lsquoAt Risk Behaviourrsquo identified during daily work activities Complying with statutory and regulatory requirements

Communication and Acceptance of Accountabilities and Responsibilities

The Core Site Team will acknowledge their understanding and acceptance of the site accountabilities and

responsibilities by signing Appendix 1 in this plan

Field Leadership Visits

Senior Management with an operational role or functional support will demonstrate visible and proactive commitment by visiting site to engage in discussion with site management and workers in regard to HSE issues relevant to the business which may include any of the following

Active participation and contribution in Pre-start meetings Participation in Toolbox Talks Participation in the delivery of site safety and environmental messages on-site HSE programs or initiatives Participation in work inspections One-on-one discussions

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Behavioural observations Participation in monthly meetings discussing HSEQ performance

A record of the visit and the activity undertaken by the Senior Manager will be recorded and where appropriate feedback provided to the Site team A component of the Site Leadership visit will involve an environmental inspection of the site in accordance with section 151

7 COMMUNICATION AND CONSULTATION

The following documents provide further information in regards to this topic

HSEQ Communication and Consultation Standard

Community Relationship Management Guideline

Resolution of HSE Issues Procedure

Internal Communication and Consultation

Communication and consultative arrangements will be put in place to provide workers including subcontractors

with information and an opportunity to contribute to HSE and comply with applicable legislative requirements

The Site will use the methods detailed below to communicate to employees subcontractors and visitors

information in regard to the Georgiou Management System this management plan performance and environmental

issues

711 Inductions

All personnel (including sub-contractors) are required to attend a compulsory site induction that includes an

environmental component prior to commencement on-site This is undertaken to ensure all personnel involved in

the Project are aware of the requirements of the CEMP The environmental component of the induction must cover

all elements of the CEMP and will include as a minimum

relevant details of the CEMP including all sub-plans procedures and strategies their purpose and objectives

policies and KPIs

Requirements of due diligence and duty of care

relevant legislation and conditions of environmental licences permits and approvals

Potential environmental emergencies on-site and the emergency response procedures

Reporting and notification requirements for pollution and other environmental incidents

key environmental issues

Mitigation measures for the control of environmental issues

Complaints response and reporting

Communication protocols for interactions with community and stakeholders

site specific environmental management requirements and responsibilities

Incident and emergency response and reporting requirements

Environmentally sensitive locations and no-goexclusion zones

Erosion and sediment controls water quality controls and sediment basin management

Management of contaminated material (including asbestos impacted material)

Location of identified potential contaminated land sites

Signs of contaminated soil including visual asbestos identification protocols

Procedure for unexpected finds of contaminated land asbestos

Water quality management and protection measures

Location of identified Aboriginal and non-Aboriginal archaeological heritage sites areas of cultural sensitivity

and areas of archaeological potential and the kinds of historical relics structures or deposits which may be

encountered during the Construction works

Unexpected finds procedures for heritage

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noise vibration and air quality management controls

Standard Construction hours and the process for seeking approval for out of hours works including consultation

Road occupancy and other temporary and interim traffic arrangements

Specific responsibilities for the protection of flora and fauna

A record of all environment inductions will be maintained in a Project induction and training Register and kept on-

site The training register will identify who is trained when trained the trainer and what they were trained in

712 HSE Notice Boards

All worksites that have a crib room will set up a HSE notice board to display

Project HSEQ Performance Report

Environmental BulletinsAlerts

Site HSEQ Objectives and Targets

Organisational Chart

A Site Layout Plan and Emergency Evacuation Plan Emergency contacts and First Aiders list These will also be

posted in prominent locations throughout the site as described in the site Emergency Response Management

Plan

Risk Registers

713 HSE Alerts Bulletins

Incident Alerts will be used to communicate learningrsquos and actions required to assist in ensuring incidents that have

occurred in one workplace are not repeated in others HSE Bulletins will be used to communicate environmental

information to the workplace HSE Alerts and Bulletins will be developed by the Site Team using the approved

templates and approved by the HSE Business Unit Lead prior to communication

714 Site Meetings

The following meetings will be held on site to monitor implementation of the Georgiou Management System review

performance and communicate consult with workers in regards to HSE

Site Meetings (refer to section 142) Pre-Start Meetings Toolbox Meetings

Meeting agenda and minutes will be recorded maintained and be made available when required

Community and Stakeholder Involvement

A Community Communication Strategy will be developed for the project Key elements of the Community

Communication Strategy which will be implemented at appropriate times in the construction process will include

Notification (including targeted letterbox drops and email) of any works that may disturb local residents and businesses (such as noisy activities and night works) at least seven days prior to those works commencing

Notification (including targeted letterbox drops and email) of works that may affect transport (such as road closures changes to pedestrian routes and changes to bus stops)

Traffic alerts (via email) to all key traffic and transport stakeholders advising of any changes to access and local traffic arrangements (at least seven days prior to significant events)

Print and radio advertisements regarding major traffic changes 24-hour toll-free community project information phone line Complaints management Community information sessions as required Regular updates to the Sydney Metro website (sydneymetroinfo) including uploading of all relevant

documents and contact details for the stakeholder and community relations team

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Provision of information to the Sydney Metro Community Information Centre including community newsletters information brochures and fact sheets and interactive web-based activities

Clear signage at the construction sites Newspaper advertisements in local and metropolitan papers as required Regular inter-agency group meetings Community business and stakeholder satisfaction surveys and feedback forms Translator and interpreter services and The project team will liaise with the Sydney Metro Project Communications team as the point of contact for

the community

721 Complaints Management

Community liaison and complaints handling will be undertaken in accordance with the Construction Complaints

Management System and will include

dealing with complaints in a responsive manner so that stakeholdersrsquo concerns are managed effectively and promptly and

A verbal response will be provided to the complainant as soon as possible and within a maximum of two hours from the time of the complaint (unless the complainant requests otherwise) A detailed written response will then be provided if required to the complainant within one week

A complaints register will be maintained in Georgioursquos BEAKON database and in Sydney Metrorsquos Consultation

Manager TM which will contain

Date and time of complaint Method by which the complaint was made (telephone letter meeting etc) Name address and contact telephone number of complainant (if no such details were provided a note to that

effect) Nature of complaint Action taken in response including follow up contact with the complainant Any monitoring to confirm that the complaint has been satisfactorily resolved If no action was taken the reasons why no action was taken

The project will apply an adaptive approach to ensure that corrective actions are applied in consultation with the

appropriate construction staff to allow improvements in the management of issues resulting in community

complaints

722 Urban Design of temporary works

Temporary construction works will consider urban design and visual impacts including

Minimise impacts on existing landscape features as far as feasible and reasonable Artwork graphics and images to enhance the visual appearance of temporary works in high visibility locations Project information to raise awareness on benefits explain the proposed works at each site and provide

updates on construction progress Community information including contact numbers for enquiries complaints Signage and information to mitigate impacts on local businesses which may be obscured by the construction site Sydney Metro advertising public awareness campaigns Logos branding including Sydney Metro NSW Government and Contractor branding

The design of all temporary works will require Sydney Metro approval in relation to urban design and visual impacts

and Sydney Metro will stipulate the design of hording artwork including

Sydney Metro advertising public awareness campaigns and Logos branding including Sydney Metro NSW Government and Contractor branding

Construction hoardings scaffolding and acoustic sheds will be regularly inspected and kept clean and free of dust

build up Graffiti on construction hoardings scaffolding or acoustic sheds will be removed or painted over

promptly The principles of Crime Prevention Through Environmental Design will be applied to all works including

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temporary works that have a public interface

723 Business and Property Impacts

The project footprint is within any area managed by the Port Authority of NSW and several port related facilities

are adjacent to the work including Cement Australia Gypsum Resources Australia and Sugar Australia Georgiou will

undertake works to meet the following objectives

Minimise the potential impact of the project to businesses affected by construction works Ensure businesses are kept informed of the project and consulted in advance of major works or factors that are

likely to have a direct impact Ensure that business stakeholder enquiries and complaints regarding the project are managed and resolved

effectively

Consult with all business directly affected by changes to access arrangements regarding specific requirements at least two weeks prior to those changes coming into effect

8 HAZARD IDENTIFICATION AND RISK CONTROL

The following documents provide further information in regards to this topic

HSEQ Risk and Operational Control Standard Job Hazard Analysis (JHA) Procedure Permit to Work Procedure

Hierarchy of Control

The following hierarchy of control will be applied to controlling environmental risks and environmental aspects

within Georgiou This hierarchy recognises that the best controls act on the environment not on the people in it

HazardsAspects

Waste

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Site Environmental Risk Analysis

The Site Team has undertaken a construction risk assessment workshop (CRAW) and developed a HSEQ Risk

Register based on the Master Risk Register which incorporates the Companyrsquos mandatory controls and additional

site specific hazards and controls identified in the CRAW This Management Plan and the Emergency Response

Management Plan have been based upon this HSEQ Risk Register

Works on site will be undertaken in accordance with the HSEQ Risk Register The HSEQ Risk Register will be

made available to workers

Review of Risks

The aspects within the HSEQ Risk Register will be reviewed for adequacy

At site meetings Prior to the commencement of any new construction work that involves high impact risks After a significant incident

If there is a change made to the construction methodology and associated change in the risks and controls associated with the works the Risk register and Construction Environmental Management Plan will be updated as appropriate

831 Change Management

The following documents provide further information in regards to this topic

Change Management Procedure

Where there is a change to the planned scope design or construction methodology (including plant machinery

materials or sequence) the impact of the change must be assessed and a determination on whether the Change

Management Procedure applies If so then a formal analysis of the change will be undertaken using the

Management of Change Event Design Form

Changes to the project may require an assessment to determine consistency with the REF and Environmental

Documents The assessment will include

A description of the existing surrounding environment Details of the ancillary works and construction activities required to be carried out including the hours of works An assessment of the environmental impacts of the works including but not necessarily limited to traffic

noise and vibration air quality soil and water ecology and heritage Details of mitigation measures and monitoring specific to the works that would be implemented to minimise

environmental impacts Identification of the timing for completion of the construction works and how the sites would be reinstated

(including any necessary rehabilitation)

Operational Control

Operations and activities associated with significant environmental aspects will be planned to ensure they are

carried out under specific operating conditions An Environmental Control Map (ECM) Safe Work Method

Statements Job Hazard Analysis Take Five Hazard Report or a combination of these will be used to achieve this

requirement

841 Environmental Hazard Reporting

Environmental Hazard reporting will be conducted using the Hazard Report (contained within the Hazard

ReportTake 5 booklet)

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The Supervisor is responsible for ensuring environmental hazards are addressed in a timely manner using the

hierarchy of control and communicated to those who may be potentially affected Where hazards cannot be

addressed immediately and additional controls are required they are to be reported into the Beakon system for

follow-up and close-out

842 Take 5

Take 5 booklets will be available to all workers to perform risk assessments for work that is not high risk

construction Take 5 risk assessments include environmental aspects and the identified environmental controls for

these risks are to be documented on the Take 5 form and implemented for the works

843 Job Hazard Analysis (JHA)Safe Work Method Statement (SWMS)

JHASWMS will be completed for all high risk construction work JHASWMS developed will reflect the safety and

environmental risks and controls identified in the sites risk register and supporting work instructions

Subcontractors will be provided access to the sites HSEQ Risk Register and prior to undertaking the work will be

required to submit their JHArsquosSWMS to Georgiou for review and approval using the Subcontractor JHASWMS

Assessment (available in Beakon)

844 Permit to Work

The following high risk activities require written authority in the form of a ldquopermit to workrdquo from the Georgiou Site

Team

Vegetation Clearing Permit (Georgiou form) Dewatering Permit (Georgiou form) Out of Hours application (Sydney Metro form)

Relevant environmental controls detailed in this CEMP and associated sub plans (appendices) will be included in the

environmental permits No work involving these activities will commence until the appropriate permit has been

completed Personrsquos issuing permits on the Site will be given training in the Georgiou Permit to Work system A

permit may be required for other high risk activities as determined by risk assessment the Sitersquos Manager andor

contractual requirements

845 Environmental Control Maps

To assist pre-construction planning and on-site construction management the environmental site constraints are

consolidated on a series of map-based sheets that extend the length of the Project Environmental Control maps

include information pertaining but not limited to

Noise and vibration sensitive receiverrsquos eg residential dwellings

Flora features including threatened species and endangered ecological communities

Aboriginal and non-Aboriginal heritage sites including items places objects and sites

Local waterways

Recorded threatened fauna sightings

Relevant environmental controls detailed in this CEMP and associated sub plans (appendices)

The Environmental Control maps are a working element of the CEMP and will be revised throughout construction to

reflect true ground conditions and the most up-to-date information available on sensitive sites Sensitive area maps

will be used in conjunction with EWMS and ESCPs to help identify key risk areas and to promote ongoing

communication to construction personnel during the Project

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9 SIGNIFICANT ENVIRONMENTAL ASPECTS MANAGEMENT

The following environment aspects have been identified as significant for this project Risks associated with these

significant aspects and appropriate controls have been identified during the construction risk assessment workshop

(CRAW) and included in the HSEQ Risk Register in accordance with section 82

In addition aspect specific sub-plans within this CEMP have been developed to detail how the environmental

aspects will be managed to comply with relevant legislation amp client requirements These aspect specific sub plans

include

Waste

Soil and Water

Hydrocarbon and Chemical

Cultural Heritage

Air Quality and Dust

Noise and Vibration

Contamination

10 CLOSURE AND COMMISSIONING

At completion of this project Georgiou will hand over the site in an environmentally responsible state) taking into

account the nature of the works in accordance with legislative amp contractual requirements

11 TRAINING COMPETENCY AND RESOURCING

All Georgiou personnel and contractors will undergo environmental training before commencing works on site

Training will be undertaken in the following forms

project site induction (section 711) and Environmental awareness training through regular tool box discussions Inductees will be required to sign-off that they have been informed of the environmental issues and that they

understand their responsibilities

1111 Toolbox talks

ldquoToolboxrdquo training will help to ensure that relevant information is communicated to the workforce and that

feedback can be provided on issues of interest or concern ldquoToolboxrdquo training will generally be prepared and

delivered by the Project Engineers Site Foreman or HSE Advisor Toolbox training topics are to be delivered to

provide refresher information on the environmental induction topics and associated environmental procedures In

the event of environmental near misses or incidents or changes to procedures that could result in changed levels of

environmental risks Toolbox talks may be used to deliver updates

Toolbox topics likely to be required include

work methods and efficient use of plant and materials waste management minimisation and recycling dust control protecting waterways spills and leaks emergency response procedures wet weather procedures and inspections and Legislation updates Please refer to the Toolbox schedule for a library of HSE toolboxes to deliver over the life of the project

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1112 Recording of Training and Assessment

Records of training and assessment will be maintained and will be readily available for verification Records of

induction and training will include the topic of the training carried out dates names and trainer details

12 INCIDENT EMERGENCY PREPAREDNESS AND RESPONSE

The following documents provide further information in regard to this topic

Emergency Preparedness and Response Standard

EmergencyIncident Planning and Control

The site has in place an Emergency Response Management Plan (ERMP) that addresses emergency response control

and recovery based upon credible emergency scenarios as identified in the Site Risk Register The Emergency

Response Management Plan has been developed in accordance with Emergency Preparedness and Standard

13 HSE REPORTING AND INVESTIGATION

The following documents provide further information in regard to this topic

Sydney Metro Environmental Incident and Non Compliance Reporting Procedure

Notifications and Reporting

The Project Manager is accountable for ensuring all necessary reporting and notifications take place including

Client notification Statutory notification Scheme notification Community Complaints

Notifications and reporting regarding incidents will be done in accordance with the Sydney Metro Environmental

Incident and Non Compliance Reporting Procedure

1311 Internal

The Environmental Site Representative or their delegate will be responsible for reporting all incidents into Beakon

database Incidents reported into Beakon will be reviewed by the Responsible Manager and approved within five

working days or before month end in which the incident occurred

1312 Notification of Incidents to Sydney Metro

Sydney Metro will be notified of any Georgiou environmental incident as soon as reasonably practicable Copies of

the incident reports and investigations incident will be made available to Sydney Metro within 48 hours in

accordance with the Sydney Metro Environmental Incident and Non Compliance Reporting Procedure

1313 Statutory Notifications

An incident is an uncontrolled event or violation with serious or potentially serious negative consequences to

people property reputation or the environment Under Section 148 of the Protection of the Environment

Operations Act 1997 (POEO Act) Georgiou has a duty to immediately report pollution incidents causing or

threatening material harm to the environment Material harm is defined in Section 147 of the POEO Act as

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lsquoinvolves actual or potential harm to the health or safety of human beings or to ecosystems that is not trivial or

it results in actual or potential loss or property damage of an amount or amounts in aggregate exceeding

$10000 and this loss includes the reasonable costs and expenses that would be incurred in taking all reasonable

and practicable measures to prevent mitigate or make good harm to the environmentrsquo

Investigations

Investigations regarding the incident will be completed in accordance with the Sydney Metro Environmental

Incident and Non Compliance Reporting Procedure and commence as soon as practicable (preferably

immediately) but within 24 hours

All environmental incidents would be investigated in such a manner that the following basic elements can be

established

identifying the cause extent and responsibility of the incident

identifying and implementing the necessary corrective action

identifying the personnel responsible for carrying out the corrective action

implementing or modifying controls necessary to avoid a repeat occurrence of the incident

recording any changes in written procedures required and

Advising regulatory authorities in accordance with licence conditions

Review and Communication of Incidents

Incidents will be reviewed to check that causal factors and root causes were identified and that the findings have

been effectively addressed through assignment of actions at the

Site monthly meetings Business Unit meetings OHS Committee Meeting (if established)

Actual and potential class 1 incidents will be reviewed by senior management to ensure adequacy of closeout HSE

incidents and their preventative actionslearnings will be communicated at pre-start meetings toolbox meetings

and through HSE alertsbulletins as per section 7

14 ENVIRONMENTAL REPORTING

1411 Monthly Reports

Georgiou is required to submit an Environmental Monthly Report to the client including the information specified

below as evidence of implementation of the Environmental Management Plan

Implementation of environmental management including environmental monitoring implementation of environmental controls training inspections and testing

Implementation of incident management including emergency response - details of all environmental incidents or emergencies including non-compliance with environmental procedures and near misses complaints implementation of incident and emergency response management and implementation of corrective action

Implementation of reviews - details of internal reviews audits and inspections undertaken to verify that on-site environmental processes and practices conform to the Environmental Management Plan

Waste Statistics and NGERs reporting

Site Meetings

The Site will hold a monthly HSEQ Management Meeting in accordance with the Health amp Safety Management Plan

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Project Performance Review

At completion of the Project the Project Manager is responsible for arranging a review of project performance

which will include HSE management performance and lessons learnt for the purpose of continually improving

Georgiou Management Systems This review will be in accordance with the Project Close-Out Procedure

15 AUDITING REVIEWS AND INSPECTIONS

The following documents provide further information in regards to this topic

Auditing Reviews and Inspections Standard

Inspections

1511 Environmental Inspections

The following inspections will take place on site

Environmental Weekly Inspections Detailed Hazard Inspections considering timingavailability of activities Site leadership field visits These inspections will be used a process to monitor onsite environmental performance and they will cover all applied environmental mitigation measures including water quality erosion and sediment control structures fuel and chemical storage and waste management Attendees for the inspections can include Sydney Metro Environmental and project team members Georgiou Environmental and project team members and Georgiou Senior and Executive Management when conducting a Field Leadership Visit (section 64) The Environmental Site Representative will record inspection findings on the inspection report If any maintenance andor deficiencies in environmental controls or in the standard of environmental performance are observed they will be recorded on the inspection Records will also include details of any maintenance required the nature of the deficiency any actions required and an implementation priority Any Sydney Metro Environmental Inspections will occur on the Sydney Metro Inspection record template ndash Appendix 10

Audits and Reviews

The following audits are scheduled for this site

Internal

AuditReview

Purpose Commencement On-going requirement

Site HSE Mobilisation Audit

Review achievement towards site start-up activities

8 weeks after mobilisation NA

Internal HSEQ audit

Determine compliance to the management systems and an assessment as the effectiveness of those requirements to meet our legal and other obligations

Within 6 months of project start up

6 monthly

Sydney Metro (or an independent environmental auditor) Audit

EampSMS and compliance with the environmental aspects of contract documentation including Construction Environmental Management Framework

Construction Periodic

to be confirmed

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The Project Environmental Site Representative will be the principal contact for external auditors wishing to audit

the Sitersquos environmental management systems The Project Environmental Site Representative will be responsible

for responding to any external audits findings

Monitoring

Environment monitoring will be undertaken to validate the impacts predicted for the Project The monitoring

requirements for required aspects are included in the relevant environmental management sub-plans (Appendices)

All environmental monitoring equipment shall be maintained and calibrated according to manufacturerrsquos

specifications and appropriate records kept

Where monitoring results are outside of the expected range and are directly attributable to the Project (ie are

influenced by factors under the direct control of the Project eg noise from construction equipment) the process

described below will occur

An analysis of the results by the Environmental Site Representative in more detail with a view of determining possible causes for the non-conformance

A site inspection by the Environmental Site Representative or delegate Advising relevant personnel of the problem Identifying and agreeing on actions to resolve or mitigate the non-conformance Implementing actions to rectify or mitigate the non-conformance

Corrective Actions

Corrective actions identified through hazards inspections incidents auditing will be recorded in Beakon Close out of corrective actions are monitored through Site meetings and reported to senior management through the monthly and quarterly board reports

16 DOCUMENT AND RECORD CONTROL

Georgioursquos Health Safety and Environment Policies Standards Procedures Safe Work Instructions References

Guidelines Forms Templates are all accessible via the Companyrsquos Intranet - GENIE GENIE will maintain the

current and only authorised versions for use

Environment Management documentation that has been specifically developed for the site will be controlled on site

and recorded on the Site Document Register in accordance with the Site Quality Management Plan

The Project Manager is the owner of this plan and will apply change control to ensure the most recent plans are

approved and executed

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17 APPENDICES

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Appendix 1 - Waste Management Sub Plan Responsibility

Objectives amp Targets

Refer to the Site Objectives amp Targets (section 57 of this CEMP) Minimise spoil generation where possible The project will mandate 100 reuse or recycling (on or off-site) of usable spoil Spoil will be managed with consideration to minimising adverse traffic and transport related issues Spoil will be managed to avoid contamination of land or water Spoil will be managed with consideration of the impacts on residents and other sensitive receivers Site contamination will be effectively managed to limit the potential risk to human health and the environment Minimise waste throughout the project life-cycle Avoidance of unnecessary resource consumption Resource recovery (including reuse reprocessing recycling and energy recovery) and Disposal

Project Manager

Performance Criteria

100 Compliance with Client amp legal requirements 100 achievement with Project Objectives amp targets 100 achievement of relevant Sydney Metro CEMF objectives

Project Manager

Mitigation Measures

Training and Competency

As part of the Site Induction workers will be informed of

- The types of waste generated on site

- How the wastes are to be handled stored and disposed of Personnel responsible for clean-up of spills will be provided with instruction on how to use the sites

spill kits Personnel handling hazardous materials will be provided training to read and understand the SDS

Project Manager

Unidentified Waste Wastes that cannot be positively identified (ie unlabelled liquids potential asbestos) will be tested

before handling and disposal Any material that is unknown should be considered hazardous until positively identified

Project Engineer

Handling

Where practicable dust generating rubbish and debris will be removed to minimise dust release into the atmosphere

Handling of waste will be done in accordance with relevant state or local by-laws using suitable personal protective equipment

Project Engineer

Storage

Containers used for storage are not to be opened handled transported or stored in a manner that may rupture the container

All waste will be stored in waste receptacles and removed off site by a licensed contractor on a periodic basis

Dedicated recyclable and hazardous receptacles will be labelled Wastes stored on site will be stored in a manner to prevent the attraction of vermin and native

wildlife Waste is to be stored away from access and egress routes

All

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CEMP Bays Road Relocation Works

Appendix 1 - Waste Management Sub Plan Responsibility

The quantity and volume of wastes stored on site may be minimised where reasonably practical to reduce the risk to health safety and the Environment

Project Managers will be responsible for identifying and obtaining any required licenses andor permits to store wastes

Disposal

In deciding how to dispose of waste generated on site consideration will be given to reducing reusing or recycling waste where reasonably practical to minimize the volume sent to landfill Where reuse or recycling is not a feasible option the waste will be sent to a facility capable of accepting the waste

The burning of any type of wastes will not be permitted on any Georgiou site The use of stormwater drains for the disposal of waste is prohibited The disposal of waste will be done in a manner to prevent any damage to the environment

Project Engineer

Transportation

The removal and transportation of hazardous waste controlled waste (eg asbestos hydrocarbons and sewage) for disposal will only be conducted by licensed carriers Licensed operators will be engaged in accordance with the Procurement Procedure

Before a hazardous waste controlled waste is transported off site a waste tracking receipt will be collected from the operator as verification that the waste was correctly transported off site and to identify the proposed location for disposal The receipt will be scanned and filed into the DMS and linked to the Site Waste Register A copy of the receipt will be held for a minimum of 3 years

The transportation of other wastes for disposal will only be conducted if the load is covered or there is no risk of loaddebris falling and the load is disposed of at a registered landfill

Project Manager

Spoil

Although the Project would require the importation of fill material the excess spoil would be generated including from the following sources

Soils ndash This includes any topsoil and natural subsoils (ie soils between the topsoil and underlying bedrock)

Natural rock ndash This material would be generated from excavation of sandstone bed rock if required Road construction material ndash This would include material generated from the demolition of the

existing roads such as asphalt concrete geotechnically stabilised road sub-base and base material

Project Engineer

Spoil Classification

Spoil generated during the Construction of the Project will be firstly assessed for reuse in the project Should it not be suitable for onsite reuse it will be assessed in accordance with the Sydney Metro Classification Procedure (Appendix 1A) It will firstly be assessed against the requirements for Virgin Excavated Natural Material (VENM) detailed within the Protection of the Environment Operations Act 1997(POEO Act)

Project Engineer

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Appendix 1 - Waste Management Sub Plan Responsibility

If the material is not deemed to be VENM an assessment of the suitability of any current general resource recovery exemptions issued under the Protection of the Environment Operations (Waste) Regulation 2014 will be undertaken Current general resource recovery exemptions that may apply to the Project are

The excavated natural material exemption 2014 The excavated public road material exemption 2014 Spoil that cannot be re-used onsite or offsite under any of the exemptions stated above or classified as VENM will require waste classification in accordance with the Waste Classification Guidelines Part 1 Classifying Waste (EPA 2014) prior to offsite disposal at an appropriately licensed facility

The management of spoil generated from the Project will be guided by the hierarchy detailed below

Rank Control Measure Implementation Example Potential to implement on Project

1 Avoid and reduce spoil

generation Reduce the amount of spoil being

generated through design and construction methodology

Limited

2 Prioritise reuse of contaminated

spoil onsite vs clean spoil Identify areas with lower risk of

contamination to spoil offsite as this will result in lower waste disposal costs for project

GSW and Contaminated Spoil is to

be utilised as fill on the project

prior to the use of excavated

sandstoneVENM The project will

produce excess spoil and the

priority is for this excess to be

sandstoneVENM

3 Reuse within Project Prioritise reuse of more contaminated

spoil onsite vs less contaminated spoil Reuse in the Project to fill

embankments and mounds within short haulage distance of source

Restoration of any pre-existing contaminated sites within the Project boundaries

Reuse as a feed product in Construction materials (eg concrete)

Preferred but dependant on area

available

Project Manager Project Engineer Project Engineer

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CEMP Bays Road Relocation Works

Appendix 1 - Waste Management Sub Plan Responsibility

4 Reuse for environmental works Reuse in revegetation and

rehabilitation projects Reuse in operational noise mitigation

works

Preferred as stockpiling on site is

restricted

5 Reuse on other development

projects Reuse for fill embankments and

mounds on projects within an economic transport distance from site

Preferred as stockpiling on site is

restricted

6 Reuse for land restoration Reuse for land reclamation or

remediation works Reuse to fill disused facilities eg

mines and quarries to enable ecological rehabilitation or other ecologically beneficial end use

Preferred as stockpiling on site is

restricted

7 Reuse for landfill management Reuse to cap completed landfill cells Reuse in daily covering of landfill

waste

Limited

8 Dispose offsite as waste Disposal of excess spoil as waste at an

approved facility licensed to receive that material

Potential but not preferred

Hazardous Waste - General

Hazardous wastes will be stored in sealed containers where practical and clearly labelled with waste type

Hazardous waste receptacles will be maintained in good condition to prevent leaks or spills Offensive odours should not be generated at any time when stored Hazardous wastes with a significant risk to human health and safety will be stored in containers that

comply with relevant legislation and guidelines Hazardous wastes will not be permitted to accumulate to a level that presents an unreasonable risk

to human health safety or the environment Controlled waste storage will be suitably contained to ensure debris does not travel beyond the boundary of the premise

Hazardous waste will be stored and segregated in accordance with their SDS Hazardous waste will be risk assessed to ensure they do not contaminate or interact with goods that are incompatible Where there may be a risk of fire hazardous waste will be segregated to prevent storage incompatibilities

Hazardous liquid waste will not be permitted to enter the environment

All

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Appendix 1 - Waste Management Sub Plan Responsibility

Design considerations for secondary containment will be given to the storage of liquid wastes to contain any potential spills Hazardous waste will be stored onin bunded palletsareas which will be compliant with AS1940-2004 443 (the bunded palletarea must have the capacity to contain 110 of the largest container

Hazardous waste such as batteries hydrocarbons sewage and asbestos will only be handled for final disposal recycling by certified waste removing contractors Sewage waste not plumbed directly into the main sewerage system will be contained within holding tanks on site compounds and emptied on a periodic basis or as required by a licenced contractor

Hazardous Waste - Batteries

Automotive and lead-based batteries will be stored in a manner that does not contaminate the natural surrounding environment This may include storage on bunded palletsareas on concrete hard stand or on any other sealed surface

All

Hazardous Waste - Asbestos

The disposal processes for asbestos will involve independent competent persons Identified ACM (Asbestos Contaminated Material) will be clearly marked out and controls put in place

to prevent contamination into surrounding areas

Project Manager

Hazardous Waste - Sanitary Sewage Waste

Sewage waste will either be plumbed directly into the main sewerage system or contained within holding tanks on site compounds and emptied as required

Sewage waste stored in bunded tanks underneath the toilets will be emptied by a licensed contractor on a periodic basis

Sanitary wastes will be stored in solid containers and clearly labelled for identification Sanitary wastes will not be re-handled after disposal to minimise the exposure and risk of double

handling Sanitary conveniences will be calculated based on the number of workers based on the site and meet

legislative requirements Sanitary waste will be stored away from food sources or where food is served Controls to prevent offensive odours to the public and workers will be implemented

Project Engineer

Recyclable Waste

On site paper and cardboard and scrap metal will be segregated to be collected and transported to a recycling facility

Green waste will be mulched and stockpiled with topsoil for use in revegetation Aggregate will be segregated during cut and fill operations for re-use

Project Engineer

Waste Water Any waste water or liquids must be disposed of to an approved receptacle and stored within an approved bunded location until they are removed from site

Project Engineer

Putrescible Waste Putrescibles waste will be stored into general waste containers that prevent the release of debris and leachate

Project Engineer

Clinical Waste In the event that clinical waste has been found the following control may be employed Project Engineer

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CEMP Bays Road Relocation Works

Appendix 1 - Waste Management Sub Plan Responsibility

Syringes and needles found on site will be stored in a clearly labelled solid sealed container to prevent access to contents They will be disposed of at a licenced provider

Clinical wastes will not be re-handled after disposal to minimise the exposure and risk of double handling

Concrete

Kibbles Concrete truck are to be washed out into a designated bunded area When the concrete is dried it will be disposed of with general waste

At no point will any Concrete truck or kibble be permitted to wash out at any point other than the designated area with all the associated controls in place

Project Engineer

Weekly (VisualDocumented)

DHI Environment to be completed via Beakon HSE Advisor

Reporting HSEQ Monthly Management Meeting Monitor and record the volumes of waste and the methods and locations of disposal Maintain records of all required waste dockets and receipts and provide to Sydney Metro monthly

Project Manager

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Appendix 1A ndash Sydney Metro Waste Classification Procedure

Unclassified

Unclassified

Waste Classification Procedure

SM-20-00040677

Sydney Metro Integrated Management System (IMS)

Applicable to Sydney Metro

Document Owner Hugh Chapman Associate Director Environment Operations Customer amp Place-Making

System Owner Carolyn Riley Director Environment Sustainability amp Planning

Status Final

Version 30

Date of issue Pending

Review date Pending

copy Sydney Metro 2020

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 2 of 14

SM-20-00040677 Waste Classification Procedure V30

Table of contents

1 Introduction 3

11 Purpose and scope 3

12 Definitions 3

13 Spoil Management Decision Framework 5

14 Spoil Handling and Segregation 5

15 Typical Application of the Framework 6

16 Unexpected Finds Protocol 7

17 Accountabilities 14

2 Related documents and references 14

3 Superseded documents 14

4 Document history 14

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 3 of 14

SM-20-00040677 Waste Classification Procedure V30

1 Introduction

11 Purpose and scope

This framework describes the approach to classifying spoil and demolition materials generated during works in accordance with environmental legislation and guidelines

This framework considers the reuse of materials on site the beneficial reuse of materials transported off site as waste (for example as virgin excavated natural material [VENM]) the recycling of materials at offsite facilities and the offsite disposal of materials when reuserecycling is not achievable

The framework considers only the compliance and classification elements of the spoil management process and does not consider all of the practical issues associated with construction geotechnical properties of the spoil or market forces and costs that influence the reuse potential of spoil or other wastes

Section 16 of this framework outlines an Unexpected Find Protocol (UFP) to be implemented should unexpected potential contamination be found during works

12 Definitions

All terminology in this Procedure is taken to mean the generally accepted or dictionary definition Other terms and jargon specific to this Procedure are defined within the SM-17-00000203 Sydney Metro glossary Acronyms specific to this document are listed below

Definitions

2014 Waste Regulation

Protection of the Environment Operations (Waste) Regulation 2014

CLM Act Contaminated Land Management Act 1997

Contamination

As defined in the CLM Act ldquomeans the presence in on or under the land of a substance at a concentration above the concentration at which the substance is normally presenthellipin the same localityhellipthat presents a risk of harm to human health or any other aspect of the environmentrdquo

Demolition materials

Materials such as concrete bricks and timber resulting from the demolition of buildings and structures Most demolition materials are pre-classified as General Solid Waste (non-putrescible) (see definition below) under the NSW EPA (2014) Waste Classification Guidelines However some demolition materials such as asbestos have other classifications as described below

EIS Environmental Impact Statement for the project which assesses potential environmental impacts and mitigation measures in accordance with the EPampA Act (see below)

ENM Excavated Natural Material as defined in The excavated natural material order 2014

being excavated material that is at least 98 (by weight) natural material that does not meet the definition of VENM (see below)

EPA NSW Environment Protection Authority

EPampA Act Environmental Planning amp Assessment Act 1979

EPL

Environment Protection Licence as may be held by an owner or operator of a premise licensed to receive process recover or store waste The EPL will contain a number of conditions that must be met by the holder These will specify the type(s) of waste the facility is permitted to receive process recover or store and include pollution prevention or monitoring requirements

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 4 of 14

SM-20-00040677 Waste Classification Procedure V30

Definitions

Fill Soil and any associated extraneous materials (such as demolition wastes industrial by-products and refuse) imported to and placed at the location

GSW

General Solid Waste classified in accordance with the NSW EPA (2014) Waste Classification Guidelines GSW may be classified as putrescible or non-putrescible depending on the content of putrescible organic material Spoil and demolition materials are typically non-putrescible

HW

Hazardous Waste classified in accordance with the NSW EPA (2014) Waste Classification Guidelines HW must be treated prior to disposal to landfill HW is typically

spoil that is contaminated with chemicals at concentrations that exceed all screening criteria specified in Step 5 of the Waste Classification Guidelines

Naturally Occurring Soil

Any soil which has not been significantly disturbed by human activities

NEPM National Environmental Protection (Assessment of Site Contamination) Measure 2013

POEO Act Protection of the Environment Operations Act 1997

Recycling Material that is removed from the project site (thereby becoming Waste) and is deposited at an appropriately licenced recycling facility for processing prior to reuse by others

REF Review of Environment Factors which addresses the likely environmental impacts and details protective measures to manage against any adverse effects in accordance with the EPampA Act

Remediation

As defined in the CLM Act remediation of contaminated land includes

(a) preparing a long-term management plan (if any) for the land and

(b) removing dispersing destroying reducing mitigating or containing the contamination of the land and

(c) eliminating or reducing any hazard arising from the contamination of the land (including by preventing the entry of persons or animals on the land)rdquo

Remediation is the act of mitigating exposure to contamination in its original location The process of remediation can generate spoil that may be subject to reuse within the project area (where that reuse is adequately controlled in order to mitigate exposure risks) or the removal of contaminated spoil for treatment andor disposal off site

Reuse offsite

Material to be reused by application to land at a location outside of the project site without the need for processing prior to reuse Material meeting the definition of VENM or ENM or material that is subject to an RRO and RRO are suitable (from an environmental perspective) for reuse at remote sites where all requirements of the POEO Act and CLM Act are met

Reuse onsite

Material that is excavated on the project site and reused on the project site Material to be reused onsite is not defined as Waste and does not require classification in accordance with NSW EPA (2014) Waste Classification Guidelines The material must be suitable for the final land use at the placement location in accordance with EPA guidelines made or approved under the CLM Act and must not cause pollution under the POEO Act If transport to another part of the project area requires material to be taken outside the site boundary temporarily this must be undertaken in accordance with the EIS or following consultation with relevant regulators

RRE Resource Recovery Exemption contains the conditions that must be met by consumers of a waste type to allow its exempt reuse as granted by the EPA under the 2014 Waste Regulation

RRO Resource Recovery Order contains the conditions that must be met by generators and processors of a waste type to allow its exempt reuse as granted by the EPA under the 2014 Waste Regulation

RSW Restricted Solid Waste classified in accordance with the NSW EPA (2014) Waste Classification Guidelines An example of RSW is spoil that is contaminated with chemicals above the criteria specified in Step 5 of the Waste Classification Guidelines

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 5 of 14

SM-20-00040677 Waste Classification Procedure V30

Definitions

Special Waste

As defined in the NSW EPA (2014) Waste Classification Guidelines a class of waste with

unique regulatory requirements Asbestos or any waste containing asbestos (eg spoil containing any fragments of asbestos cement sheeting) is Special Waste If Special Waste is mixed with RSW or HW (eg spoil classified as RSW that also contains asbestos) then the waste must be managed in accordance with both classifications

Spoil Soil or rock material generated from excavation activities

UFP Unexpected Find Protocol

VENM Virgin Excavated Natural Material as defined in Schedule 1 of the POEO Act being excavated natural material not mixed with any other waste and not from a contaminated area

WARR Act Waste Avoidance and Resource Recovery Act 2001

Waste Spoil or demolition material that has been taken off site which may be classified as Special Waste GSW RSW or HW

13 Spoil Management Decision Framework

Figure 1 provides a high-level flowchart for decisions regarding the fate of spoil generated on the site As reflected in Figure 1 the preferred spoil management hierarchy for the project listed from most preferred to least preferred is as follows

1 Spoil is reused within the project boundary

2 Spoil is beneficially reused at an appropriate offsite location

3 Spoil is recycled at an offsite licenced facility

4 Spoil is disposed to landfill

The approach to spoil classification is further detailed in Table 1 Table 1 describes the criteria information inputs and control measures required to be applied when reusing spoil on site reusing spoil offsite recycling spoil offsite or disposing of spoil

The framework does not account for the practical site based engineering or financial constraints associated with the hierarchy These must be addressed during delivery and the most appropriate efficient and sustainable method of spoil management adopted

14 Spoil Handling and Segregation

Careful excavation handling and segregation of spoil is critical to ensuring that materials with varying classifications are not mixed (cross-contaminated) and are not reused recycled or disposed in a manner inconsistent with their classifications

Appropriate segregation is also important in controlling the costs of spoil disposal to landfill noting that the inadvertent mixing of materials with low concentrations of contaminants with materials containing higher concentrations typically results in a higher classification and higher disposal rate (financial) being applied to all of the materials

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 6 of 14

SM-20-00040677 Waste Classification Procedure V30

The following processes are to be applied when excavating handling and segregating all spoil (for clarity a reference to a ldquogeological unitrdquo includes units or different layerstypes of Fill)

Spoil from each geological unit should be classified separately using sampling data that relates only to that unit Classification sampling may be performed in-situ (prior to excavation) or ex-situ (following excavation)

Spoil from each geological unit (as described in Part 4 below) should be excavated segregated and stored separately from spoil arising from other geological units

Excavations should be carefully monitored for visual indications of contamination such as stained soils odorous soils or the presence of anthropogenic waste materials Any spoil containing visual indicators of contamination will be excavated segregated and stored separately from other spoil Where unexpected contamination is identified an appropriate unexpected finds procedure must be implemented to manage potential human health or environmental risk (refer to Part 5)

Each spoil stockpile should be treated as a ldquobatchrdquo with its classification data clearly identifiable and will be handled stored transported and reusedrecycleddisposed as a batch Spoil stockpiles will not be managed in a ldquocontinuousrdquo manner with portions added taken away or mixed over a period of time and

Spoil should be tracked from cradle to grave to ensure a complete and accurate record of movement from the point of excavation to the final point of placement For clarity this includes tracking of spoil movement on the site as well as off the site

Tracking of spoil movement (whether the spoil is waste or not) requires must include written records of spoil excavation handling transport storage and placement via a centralised tracking system Personnel must be suitably trained in the use of the system and sufficient detail must be recorded and retained such that material typesclassifications volumes and location are tracked from the time the material is excavated until it is placed permanently (onsite or offsite) This includes accurate records of any interim handling or placement (such as stockpiling or treatment) Stockpiles onsite are to be clearly labelled at all times Tracking information is to be kept on-site and be available on request

15 Typical Application of the Framework

This section provides some practical guidance in implementing the spoil classification framework (further detailed in the attached Figure 1 and Table 1

An explanation of the likely classification of spoil excavated during works based on typical geological units is provided below

Fill ndash Fill is imported materials which have been placed on the site at some time in the past Fill generally exists at depths ranging up to 3m below ground surface on developed areas and brownfield sites Fill may exist to depths exceeding 20m in reclaimed lands landfill sites former brick pits footings and similar Fill cannot be classified as VENM Fill has an increased likelihood of being contaminated (compared to natural soils) and will predominantly be classifiable for offsite disposal as GSW Special Waste RSW or HW Some materials such as road base or crushed concrete may be recoverable under generic or specific RRERRO arrangements

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 7 of 14

SM-20-00040677 Waste Classification Procedure V30

Naturally Occuring Soils ndash Soil which has not been significantly disturbed by human activities Naturally occurring soils may be residual soil sediments aeolian or other In the majority of cases naturally occurring soils will be classifiable as VENM or ENM for offsite reuse However where overlying contamination in Fill has leached and caused contamination of underlying natural soils where point sources of contamination are present (such as industrial facilities or fuel storage facilities) or where significant groundwater contamination has migrated into the area offsite reuse may not be appropriate and other classifications such as GSW RSW or HW may be applicable Where evidence of potential contamination exists spoil is required to be sampled and classified in accordance with NSW EPA (2014) Waste Classification Guidelines

Rock ndash Rock in-situ will in the majority of scenarios be classifiable as VENM or ENM unless significant contamination is present in overlying soils or significant contamination has migrated to the rock within groundwater Where the excavation of rock involves the use of additives (for example to facilitate tunnel boring) the material would no longer be classifiable as VENM or ENM and would instead likely be classifiable as GSW A project specific RRERRO would then be required to allow for offsite reuse

The type of material (ie geological unit) excavated during works will provide guidance on implementing the spoil classification framework in regard to reuse opportunities

Reuse Onsite ndash Any of the material excavated which is Fill a Natural Occurring Soil or Rock may be suitable for reuse on the project site Wherever reuse onsite is to occur the material does not require classification in accordance with the NSW EPA (2014) Waste Classification Guidelines Instead the material must be validated as being suitable for the final land use at the placement location in accordance with EPA guidelines made or approved under the CLM Act and the material must not cause pollution under the POEO Act For clarity the classifications GSW RSW and HW have no direct relationship to the potential for reuse of materials on the project site

Reuse Offsite ndash With the exception of Fill it is likely that the majority of spoil will be suitable from an environmental perspective for reuse off-site Specifically all VENM ENM and material to which an RRERRO apply will be suitable (from a legislative and environmental perspective) for reuse at an offsite location

16 Unexpected Finds Protocol

This section provides guidance on implementing the Unexpected Finds Protocol (UFP) which is detailed in the attached Figure 2 The purpose of the UFP is to provide a clear procedure in the event of an unexpected find of contamination or potential contamination The UFP is only to be implemented following an unexpected find The handling of known contamination should already be addressed in construction and environmental management plans

Key indicators of potential contamination include (but are not limited to)

Fibrous cement or other asbestos containing materials

Discolouration of soil

Odours from soil andor groundwater

Buried drums or underground storage tanks and

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 8 of 14

SM-20-00040677 Waste Classification Procedure V30

Oily sheen on water

Should any of the above be discovered and is considered to be unexpected then the UFP in Figure 2 will need to be implemented

An explanation of key actions within the UFP is provided below

Notifying the Site Supervisor ndash Site Supervisor or an appropriate delegate are to be made aware of the find immediately

Securing the affected area ndash This includes restricting access to the area and implementing appropriate environmental controls around affected area in minimise risk to the environment and human health Examples of controls include barricading the affected area the diversion of water to minimise potential spread via surface water runoff covering the area re-burying andor wet-down Environmental controls are to be implemented appropriately in regard to the contamination source and site conditions

Emergency Response ndash In the event that the find presents andor creates health or environmental concerns which would require an emergency response call 000 andor implement the projects incident response and reporting process

Notify Principal or Sydney Metro ndash The Principalrsquos Representative and the Environmental Representative must be notified of the unexpected find

Recommence works ndash Works can be recommenced in an alternate area where practicable and where it is safe to do so

Assessment ndash The potential for any ongoing risk to the environment or human health during construction or operation of the site and whether or not the agreed scope appropriately manages the contamination will need to be assessed by a competent and qualified person (ie a contaminated land specialist or in the case of asbestos a hygienist or asbestos assessor)

Material Classification ndash Contaminated materials which are to be removed from the site are to be classified in accordance with the NSW EPA Waste Classification Guidelines and the Spoil Classification Framework detailed in this document See Figure 1 and Table 1

An unexpected find may result in additional works being required for the remediation of contaminated materials which fall outside of the current scope of the project Any such works will need to comply will all relevant legislation and guidelines and will require appropriately qualified persons to prepare the methodology and controls Any such works will require approval from Sydney Metro

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 9 of 14

SM-20-00040677 Waste Classification Procedure V30

Spoil classification process flow

Syd

ne

y M

etr

oN

SW

EP

A W

aste

Gu

ide

line

s C

lassific

ation

ndash P

art

1 (

20

14)

Syd

ne

y M

etr

o

Additional inputs or information requirementsProcess

Is there an opportunity to re-use the spoil

on site

Is there an opportunity to use the spoil at

an offsite locat ion

Can the spoil be recycled

The spoil must be classif ied in accordance with the NSW Environmental Protection Authority (EPA) Waste Classification

Guidelines

1) Is the waste Special Waste ie does the waste contain asbestos Refer to the Protection of the Environment Operations

(POEO) Act and Waste Regulation Part 4 Management of Special Waste

2) Is the waste Liquid Waste

3) Is the waste pre-classified

4) Does the waste have hazardous

characteristics

5) Classify by chemical assessment Waste generators must chemically assess their waste in accordance with Step 5 of the Waste

Classification Guidelines to determine the waste s classification where it has not been classified under Steps 1 to 4 of the Guidelines

Re-use onsite Cost time and engineering requirements to be

considered as well as environmental risks before placement

Re-use offsite To allow offsite use the material mist be classifiable

VENM ENM or be subject to Resource Recovery Exemption and Order

No matter the classification the offsite location must conf irm it can legally

accept the spoil

Recycle offsite The spoil must go to a licenced treatment facility and

must meet the specific requirements of that facilities licence

Liquid waste The waste is not spadable andor becomes free-flowing

at or below 60 degrees Celsius or when it is transported

Pre-classified waste Refer to NSW EPA Waste Classif ication guidelines

for pre-classificat ions of Hazardous Wastes General Solid Waste

Dangerous goods Meets Dangerous Goods Classificat ion for classes 1

2 41 42 43 5 61 and 8

The waste has been classified in accordance with the Waste Guidelines and is ready to be transported offsite Prior to transport

the following must be confirmed and all relevant requirements met

Is the landfill or facility licenced to accept the type of waste

Is the waste subject to waste tracking requirements under the POEO Act or any other regulation

Is the transport contractor licenced to carry the waste as classified

6) Is the waste putrescible

Sampling under Step 5 must meet the requirements of the NSW Waste Classification Guidelines

Sampling can be in-situ (ie prior to excavat ion) or ex-situ (from stockpiles after excavation) but in both

scenarios

Sampling density is to as a minimum meet the sampling densities recommended in the Victorian

EPA soil sampling guidance

httpsrefepavicgovau~mediaPublicationsIWRG702pdf

Analytes must reflect the contaminants of concern likely to be present at the site and as a

minimum consider Asbestos Metals TPH BTEX PAHs and PFAS Other side specific

contaminants may include hexavalent chromium PCBs pesticides etc

If retained onsite the Waste Classif ications Guidelines do not apply BUT the material must be suitable

from a human health and environment perspective to remain This requires assessment against the

NEPM and may include visual inspections or sampling and analysis The input of an appropriately

qualified professional is required prior to the re-use of any fill or potentially contaminated spoil

Once the spoil is removed from the site it becomes Waste All waste must be transported to a facility

that is licenced to accept it VENM ENM andor Resource Recovery ExemptionsOrders impart specific

requirements regarding assessment sampling analysis classificat ion and use of these types of spoil

The requirements regarding sampling and record retention must be adhered to

Once spoil is removed from the site it becomes Waste All Waste must be classified in accordance with

the NSW EPA Waste Classification Guidelines and be transported to a facility licenced to accept it

Note that whether or not the asbestos is present further classif ication is required under Steps 2 to 6 of

the EPA Waste Classification Guidelines

Yes or No

General solid waste restricted waste or hazardous waste

No

Yes

Yes

Yes

Yes or No

Yes

Yes

Yes

No

No

No

No

No

Figure 1 Spoil Classification process flow

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 10 of 14

SM-20-00040677 Waste Classification Procedure V30

Table 1 Spoil Classification process flow

Decision Criteria InputsData ControlsReview

Reuse of the material on or within the approved project area

Most preferred option under WARR Act and Sydney Metro environment and sustainability policy

Suitable placement locations have been identified

The material is suitable for the final land use at the placement location in accordance with EPA guidelines made or approved under the CLM Act and will not cause pollution under the POEO Act

The spoil meets engineering requirements for placement locations

Where spoil or demolition materials require treatment or processing onsite to treat contaminants or to amend engineering properties the need for an EPL must be assessed and resulting conditions met

If transport to another project area is required and such transport requires material to be taken outside the site boundary temporarily this will need to be appropriately address in the projectrsquos environmental approvals (eg EIS or REF)

Appropriate risk-based assessment confirms the material is suitable for proposed final land use from a contamination perspective

Appropriate geotechnical assessment confirms the material is suitable for proposed final land use

EPL if required for onsite processing

Complete material tracking record including documentation of final placement location

Environmental controls to prevent cross-contamination of material prior to placement and pollution during placement

Training of relevant personnel in spoil reuse framework and underlying management plans

Audits of sampling data tracking and placement information and reuse locationssites

Long-term management plan and monitoring andor Environmental Protection Licence under the POEO Act (if required)

Reuse of the material off site

Spoil becomes waste under POEO Act once removed from site

Material meets VENM definition

Suitable off site reuse locations have been identified and sites have the necessary approvals to accept the material

Assessment confirms material is VENM Sampling may be required depending on nature of material and source

Receival site provides confirmation that waste can be accepted

Approval under EPampA Act or EPL

Section 143 certificate

Material tracking record from the Metro site to the receival site

Environmental controls to prevent pollution during transport

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 11 of 14

SM-20-00040677 Waste Classification Procedure V30

Decision Criteria InputsData ControlsReview

Material meets ENM definition

Suitable off site reuse locations have been identified and sites have the necessary approvals to accept the material

Sampling conducted in accordance with ENM RRO prior to transport off site and results meet criteria

Statement of RRO compliance provided to each receival site

Receival site provides confirmation that waste can be accepted

Approval under EPampA Act or EPL

Section 143 certificate

Meets RRE conditions

Material tracking record from the Metro site to the receival site

Environmental controls to prevent pollution during transport

RRO records maintained for six years including details of sampling plan sampling results quantities supplied and receival sites

Material does not meet VENM or ENM definitions but has potential for reuse under a specific RRORRE An example is tunnel spoil containing additives

Suitable off site reuse locations have been identified and sites have the necessary approvals to accept the material

Consult with the EPA prepare and submit application for specific RRORRE Characterisation data will be required for the application

Once specific RRORRE is granted obtain sampling data (and meet any other specific obligations) in accordance with conditions and confirm results meet criteria prior to transport off site

Statement of compliance provided to each receival site

Receival site provides confirmation that waste can be accepted

Approval under EPampA Act or EPL

Section 143 certificate

Meets RRE conditions

As for reuse on site plus

Statement of compliance provided to each receival site

RRO records maintained for six years

Recycling off site

Material (spoil and demolition materials) becomes waste under POEO Act once removed from site

Material meets the EPL andor planning approval requirements for the receival facility and has value for recycling

Suitable receival facilities have been identified and sites have the necessary approvals to accept the material

Assessmentsampling confirms the material meets the receival facility EPL conditions (typically GSW)

Appropriate EPL held by receival facility

Receival facility has confirmed waste can be accepted

As for reuse on site plus

Waste tracking documentation depending on waste type

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 12 of 14

SM-20-00040677 Waste Classification Procedure V30

Decision Criteria InputsData ControlsReview

Disposal off site

Material does not fit one of the above categories andor suitable reuse or recycling locations could not be identified

Least preferred option

Waste is classified as GSW RSW or Special Waste

Suitable receival facilities have been identified and sites have the necessary approvals to accept the material

Pre-classification or sampling results to classify material in accordance with NSW EPA (2014) Waste Classification Guidelines

Appropriate EPL held by receival facilities

Receival facility has confirmed waste can be accepted

As for reuse on site plus

Waste tracking documentation depending on waste type

Waste is classified as HW

Suitable treatment facilities have been identified and sites have the necessary approvals to accept the material

Pre-classification or sampling results to classify material in accordance with NSW EPA (2014) Waste Classification Guidelines

Appropriate EPL held by treatment facilities

Treatment facility has confirmed waste can be accepted

As for reuse on site plus

Waste tracking treatment and disposal documentation

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 13 of 14

SM-20-00040677 Waste Classification Procedure V30

Unexpected find process flow

Flo

w

Process Additional information

Unexpected potential

contamination find1 Immediate ly stop works

2 Notify the Site supervisor 3 Secure the affected area

Is an emergency

response required for any

health or environment

concerns

4b Notify Principal s Rep and

Environmenta l Rep

4a Trigger pro ject incident response and

reporting mechanism andor call 000

5b Inform the

Principal s Rep

Does the

contamination

present and ongoing risk to

environment or human

health dur ing

construction or

operation

Will the

agreed scope result in the

complete removal of the

contamination

Does the

disposal of the unexpected

find result in addi tional costs

to the Principa l

5a Materials to be classified in

accordance with the NSW EPA Waste

Classification Guidel ines (2014) (see

Figure 1 Spoil classification flow)

6a Inform the

Principal s Rep

6b Dispose of the material in

accordance with all relevant legislation

the project Spoil Classification amp

Management Framework and any

relevant directions from Sydney Metro

6c Develop

appropriate

methodology

plans to

manage the

contamination

and implement

Indicators of potentia l

contamination include

Fibre cement or other asbestos

containing materials

Discolouration of the so il

including staining andor

discolouration

Odours from soil or

groundwaterseepage

Bur ied drums and storage tanks

Oily sheen on water

Note this does not include on-

site contamination

Securing of the area should restrict

access to the affected area This

should include as a min imum

environmenta l controls around the

affected area to contain

contaminated material including

diversion of water to minimise

potential spread via surface water

runoff

Where contaminants are likely to

result in odours vapours or

airborne asbestos fibres immediate

action should be taken to prevent

their release (eg cover re-bury or

wet-down

Recommence works in alternate

area where practicable and safe

Assessment to be conducted by

suitably qualified and experienced

person

Methodology controls and p lans

are to be prepared by a sui tab ly

qualified and experienced person

and approved by Sydney Metro

prior to being actioned

Works may continue in the affected

area when it is safe and where

works will not exacerbate

contamination or hinder future

remediation works

Note Remediation of contaminated

materials may include (but not be

limited to) capping of

contaminating treatment andor off-

site disposal All associated

activities with the remediation of

contaminated materials such as

excavation handling stockpiling

and transport are to be addressed

an prepared methodology and

controls

Yes

No

Yes or unsure

No

No or unsure

Yes

Yes

No

Figure 2 Unexpected find process flow

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2020 Unclassified Page 14 of 14

SM-20-00040677 Waste Classification Procedure V30

17 Accountabilities

The Director Program Sustainability Environment amp Planning is accountable for this document including approving the document monitoring its effectiveness and performing a formal document review

Direct Reports to the Chief Executive are accountable for ensuring the requirements of this document are implemented within their area of responsibility

Direct Reports to the Chief Executive who are accountable for specific projectsprograms are accountable for ensuring associated contractors comply with the requirements of this document

2 Related documents and references

3 Superseded documents

4 Document history

Related documents and references

Entries should be formatted with IMSiCentral number followed by correct title and hyperlinked eg

SM-17-00000203 Sydney Metro glossary

Superseded Documents

There are no documents superseded as a result of this document

Version Date of approval Notes

02 Pending New IMS document

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CEMP Bays Road Relocation Works

Appendix 2- Soil and Water Management Sub Plan Responsibility

Objectives amp Targets

Refer to the Site Objectives amp Targets (section 57 of this CEMP) Minimise pollution of surface water through appropriate erosion and sediment control Minimise leaks and spills from construction activities Maintain existing water quality of surrounding surface watercourses Source construction water from non-potable sources where feasible and reasonable

Project Manager

Performance Criteria

100 Compliance with Client amp legal requirements 100 achievement with Site Objectives amp Targets 100 achievement of relevant Sydney Metro CEMF objectives

Project Manager

Mitigation Measures

General Erosion and sediment measures would be implemented in accordance with the principles and

requirements in Managing Urban Stormwater ndash Soils and Construction Volume 1 (Landcom 2004) and Volume 2D (NSW Department of Environment Climate Change and Water 2008)

Project Manager

Training and Competency

As part of the Site Induction workers will be informed of any significant water aspects and Site specific controls to minimise potential impacts

Emergency Management Team members will be provided training to respond to a discharge of contaminated water or hazardous substances into the environment

Project Manager

Notification The Site will not modify or remove any water utility assets without their approval Notification

of approval will be received by Sydney Water with a copy of authorisation Notification to the asset owner will be given as per their conditions of compliance

Project Engineer

ESCP

ESCPrsquos will be developed by construction staff with demonstrated skills and experience in preparing the ESCP in accordance with the Blue Book Guidelines ESCPrsquos plans will include but not be limited to

Title date and revision number Contours and clean and dirty water drainage paths Site layout including the location of access roads ancillary infrastructure Sediment basins and designated pump out locations Limit of disturbance Location and type of control measures Timing and order of control installation in sequence with work activities Specific construction details

Environmental Site Representative

Erosion and sediment control

The following key principals will apply to all areas and stages of construction on the Project

Minimise extent and duration of disturbance Control stormwater flows onto through and from the site

Project Engineer Supervisor

GC-HSE-PLA-437 Uncontrolled when saved or printed

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CEMP Bays Road Relocation Works

Appendix 2- Soil and Water Management Sub Plan Responsibility

Erosion control strategies to prevent on-site damage Sediment control strategies to prevent off-site damage Progressive stabilisation following completion of work areas Inspection Maintenance and Improvement of control measures throughout the site construction

until the site is successfully stabilised

Dewatering

Sediment laden water accumulated in trenches or excavations must not be discharged directly or indirectly to any stormwater natural watercourse or offsite

A suitable location to discharge will be identified considering site slope proximity to drainage lines soil permeability and ground cover ie well established existing vegetation

The water must be tested prior to any discharge by the Environmental Site Representative and may require treatment prior to discharge

Project Engineer Environmental Site Representative

Groundwater

Groundwater is unlikely to be intercepted during any excavation within the road footprint Deeper excavations for stormwater trenching may intercept groundwater however a method of pipe installation during low tide will removed the need for dewatering

If groundwater dewatering is required then a dewatering management plan should be developed

PlantVehicle Maintenance

The maintenance and cleaning of any vehicles plant or equipment must not be carried out in areas from which contaminants can be released into stormwater or natural watercourses

All

Acid Sulfate Soils

Prior to excavation for the Stormwater trench which will occur approximately 25m bgs testing would be carried out to determine the presence of actual andor potential acid sulfate soils

Testing for the presence of ASS shall be undertaken at proposed excavation locations and shall apply the following methodology Dig holes to the proposed depth of excavation conduct ASS pH field tests on material from the hole at 05m depth intervals and then conduct a SPOCAS plus or chromium suites on the most acidic ASS pH field test sample from the hole The testing and sampling to be undertaken in accordance with ASSMAC Laboratory method Guideline Aug 1998

If actual andor potential acid sulfate soils are present within the proposed area of excavation then an Acid Sulfate Management Plan will be developed in accordance with the Acid Sulfate Soil Manual (Acid Sulfate Soil Management Advisory Committee 1998)

Project Engineer Environmental Site Representative

Water Discharge requirements

An Environmental Protection Licence (EPL) is not required for the project however Georgiou will test any water to be discharged offsite in accordance with the water quality parameters specified in the Blue Book (Landcom 2004) and ANZECCARMCANZ (2000) guidelines prior to discharge to ensure an incident of pollution to surrounding environment does not occur from the Project

Environmental Site Representative

Monitoring of Discharges

Waters released from site must be sampled prior to release The samples taken must be representative of the water being discharged

Project Engineer HSE Advisor

GC-HSE-PLA-437 Uncontrolled when saved or printed

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CEMP Bays Road Relocation Works

Appendix 2- Soil and Water Management Sub Plan Responsibility

Environmental Inspections amp Monitoring

The results of monitoring shall be recorded Environmental Site Representative

Daily (Visual) and weekly (documented)

Daily visual observation for evidence of water quality impacts including turbidity or hydrocarbon spills

Weekly inspections using Georgiou Beakon inspection form

Supervisor HSE Advisor

Reporting HSEQ Monthly Management Meeting Monthly Environmental Performance Report Dewatering records including all water quality test results

Project Manager

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 46 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 3- Hydrocarbon and Chemical Management Sub Plan Responsibility

Objectives and Targets

Refer to the Site Objectives amp Targets (section 57 of this CEMP) Minimise leaks and spills from construction activities All chemicals correctly stored and bunded in accordance with legislative requirements Any spills are controlled contained cleaned up and reported

Project Manager

Performance Criteria

100 Compliance with Client amp legal requirements 100 achievement with Site Objectives amp targets 100 achievement of relevant Sydney Metro CEMF objectives

Project Manager

Mitigation Measures

General All fuels chemicals and hazardous liquids would be stored in accordance with Australian

standards and EPA Guidelines Any refuelling carried out on-site would be carried out in designated areas only and spill kits would be available as part of any worksite

Project Manager

Training and Competency

As part of the Site Induction workers will be informed of the Site specific controls required to

manage hydrocarbon and chemical storage and use including

- Use and understanding of safety data sheets (SDS) - Use of personal protective equipment (PPE)

Emergency Management Team members will be provided training to respond to a hazardous substance spill

Project Manager

Register

All dangerous goods or hazardous substances must be approved by HSE Advisor prior to use on the site

ChemAlert will be used to register all site dangerous goods and hazardous substances manage electronic SDS and conduct and record product risk assessments

Consideration will be given to substitute products assessed as a high risk with a product of lesser risk

Project ManagerSupervisor

Transportation Containers holding hazardous substances or dangerous goods will be stored upright and secured

during transport Containers are not to be dropped tip or rolled sides The transportation of dangerous goods will be by licenced carriers

Project Engineer

Handling amp Use

Handling of products will be subject to the following requirements Hazardous substances and dangerous goods will be clearly labelled Current SDS (no older than 5 years) will be readily available when handling Controls stipulated in the SDS to be applied when handling and using Used oily rags oil filters and other left over hydrocarbon and chemical products hall be stored in

a designated area and removed by licensed carriers to either recycle or otherwise dispose of

All

Refuelling Refuelling of plant and vehicles must be monitored continually and conducted in designated areas

away from sensitive receptors

All in field refuelling must have a spill kits available to contain and clean up any spills

All

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CEMP Bays Road Relocation Works

Appendix 3- Hydrocarbon and Chemical Management Sub Plan Responsibility

Spill kits shall be stored in designated amp labelled containers and include a stock control register

All refuelling areas must be signed to prevent smoking or naked flame

Vehicles must be switched off when refuelling and the use of mobile phones prohibited

Fixed refuelling areas must have a plastic lined refuelling area

Fuel storage containers must be of a double bund construction

Site layout

Georgiou will develop a site plan (ie a diagram) showing the location of storage areas spill kit locations muster points firefighting equipment and 1st aid equipment including eye washflush locations

This site plan must be current and displayed at the work site at all times throughout construction

In the event of an emergency that involves the need for emergency services this site plan along with a product manifest must be provided to the emergency services

Project Manager

Storage of Hazardous Materials

Any Dangerous Goods andor Hazardous Substance must be stored in designated areas compliant

with statutory and industry codes of practice

Quantities of hazardous materials should be kept to a minimum commensurate with their usage

and shelf life

Safety Data Sheets of stored hazardous materials will be readily accessible at the place of

storagesite office

Permanent and temporary containers that hold hazardous materials must be labelled with the

appropriate signage

The volume and types of hazardous materials stored must be known current and documented and

must not exceed the design capacity of the storage area

Storage and containment areas (including secondary containment) must be inspected for signs of

loss or damage and any deficiencies must be addressed These areas must be inspected at least

monthly as part of the workplace inspection

Hazardous materials no longer in use must be identified and assessed to determine if they should

be removed from site

Hazardous materials storage areas must be kept clear of combustible material vegetation and refuse by a minimum of three metres

All

SpillEmergency Response

In the event of a spill the following generic procedure must be followed

1 Do not put yourself at risk 2 Notify personnel in the immediate area and remove yourself and others from danger 3 Report ALL SPILLS immediately to the Supervisor and Environmental Site Representative

(report location type and extent of incident)

All

GC-HSE-PLA-437 Uncontrolled when saved or printed

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CEMP Bays Road Relocation Works

Appendix 3- Hydrocarbon and Chemical Management Sub Plan Responsibility

Once safety has been considered spills should be contained and cleaned up with material from the spill kit All contaminated soil caused by leaks or spills to be disposed of in accordance with legal requirements Any uncontrolled release of hazardous substances which cause actual or threatens potential serious or material environmental harm will be reported to the EPA pollution hotline

Workplace Inspections

Hazardous Materials storage and use will be inspected monthly as part of workplace inspections amp within the DHI Environmental Inspections checklist

Supervisors

Concrete

Designated concrete washout should be constructed and designated to be impermeable and securely fastened

Placed away from waterways drainage lines and stormwater inlets Sufficient storage to handle concrete works occurring onsite When the concrete is dried it will be disposed of with general waste mixed into fill layers (if

approved by client) or recycled At no point will any Concrete truck or kibble be permitted to wash out at any point other than the

designated area with all the associated controls in place (unless approved by the environmental site representative)

Excess concrete should be scraped off equipment prior to washing (allow excess to set and recycle offsite or reuse in fill if itrsquos not contaminated with black plastic)

Set concrete should be removed from the washout to restore storage capacity and prevent overflows

Use of a high pressure low volume water spray nozzle may reduce water use All wastewater must be disposed of in accordance with the project CEMP dewatering conditions

Maintenance of the washout Monitoring and maintenance of concrete washouts is essential to ensure the washout is functional no evidence of damage or wear and tear is evident and that adequate storage capacity remains In addition to daily inspections washout areas should be inspected

During dry weather and

Prior to during and after rainfall and storm events

SupervisorEnvironmental Site Representative

Environmental Inspections amp Monitoring

Daily (Visual) and weekly (documented)

General observation for evidence of spills or poor storage practice with potential to lead environmental incident

Hazardous goods storage area inspection for adequacy of bunding and product loss Weekly inspections using Georgiou Beakon inspection form

All staff

GC-HSE-PLA-437 Uncontrolled when saved or printed

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12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 3- Hydrocarbon and Chemical Management Sub Plan Responsibility

Reporting HSEQ Monthly Management Meeting Monthly Environmental Performance Report

Project Manager

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 50 of 80

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CEMP Bays Road Relocation Works

Appendix 4 - Flora amp Fauna Management Sub Plan Responsibility

Objectives

and Targets

Refer to the Site Objectives amp Targets (section 57 of this CEMP) Minimise impacts on flora and fauna Retain and enhance existing flora and fauna habitat wherever possible Appropriately manage the spread of weeds and plant pathogens

Project Manager

Performance

Criteria

100 compliance with Client amp legal requirements

100 achievement with Site Objectives amp Targets

100 achievement of relevant Sydney Metro CEMF objectives

Project Manager

Mitigation

Measures

General Vehicles equipment plant materials and personnel are to remain within the designated construction

area at all times and not breach established environmentally sensitive exclusion zones All

Training and

Competency

As part of the Site Induction workers will be informed of the Site specific controls required to minimise potential impacts and protect flora and fauna including - the requirement to work within the designated disturbance zones - requirement to recognise protected flora or fauna species identified to be found on the site - tree protection zones - Specific licence conditions applicable to the Site

Project Manager

Fauna habitat

Prior to clearing pre-clearance surveys are to occur to identify individual trees to be retained and any hollow bearing trees and logs

Where possible clearance should avoid hollow bearing trees Where unavoidable hollow bearing trees should be flagged and left standing at least 24 hours

after clearing all other vegetation Excavator operator to lsquotaprsquo tree prior to felling hollow bearing trees to allow for fauna to escape Ecologist (or similar) to be present onside during clearing of hollow bearing trees to handle any

displaced fauna In the event of injury to fauna WIRES or similar to be contacted and suitable arrangements made

NOTE Handling of any active animal breeding place is only permitted to be conducted by an authorised fauna handler operating under a current permit granted in accordance with legislative requirements

All

Authorisation amp Compliance

Georgiou will not clear vegetation without written permission from the Client local Shire or relevant Regulatory Authority All clearing works under a permit approval or licence will be compliant with the conditions of permit approvals or licence and within the predetermined area

In the event of any unauthorised clearing works will cease immediately and the Project Manager client will be notified Unauthorised clearing of areas will be investigated immediately

Project Engineer

GC-HSE-PLA-437 Uncontrolled when saved or printed

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Appendix 4 - Flora amp Fauna Management Sub Plan Responsibility

Marking

The Project Engineer will ensure the area to be cleared is clearly marked (eg pegging) and areas of vegetation or trees nominated to be excluded from the clearing works are to be visually identifiable to all personnel involved in the works

The method of marking is to be communicated to all persons involved in the clearing process All control measures are to be communicated to personnel involved in the tasks

All

Flora

Flora that is to be protected will be clearly marked using a method that will not harm or damage A Tree protection Zone (TPZ) is to be established for any trees on a construction site that are to

be protected This is to be fenced off or barricaded to ensure construction activities do not cause damage to the root plate of the tree

Native vegetation should be protected where reasonably possible Large areas that are to be protected from Site works will be demarcated to prevent intrusion and disturbance This requirement is to be communicated to personnel involved within the site area

When the pruning of trees is to be undertaken that are to be protected it will be done by suitably qualified personnel only Where branches are trimmed an assessment of the trees ability to survive should be conducted by a suitably qualified person and adequate area around the tree in accordance with AS49702009 Protection of trees of development sites

Trees should be felled into the construction site or in slots between stands of trees where practical to minimise damage to other trees during the clearing process Machinery contact with standing trees on vegetated margins is to be avoided

The clearing of vegetation outside the construction area will not be permitted except in the event of an emergency or as directed by emergency services

All

Fauna

If fauna are confirmed to be present onsite during clearing clearing works should proceed with care to enable the fauna to relocate freely Clearing is to be conducted in a sequential manner and in a way that encourages escaping wildlife away from the activity into adjacent natural areas and not across roads or into other areas of threat (eg trench)

All

Trenches

All open excavations and trenches will be visually inspected on a daily basis for trapped fauna Surveillance must occur along the entire length of the trench or excavated area and not merely those areas described as fauna habitats or sensitive areas Open trenches are to be checked for fauna immediately prior to backfill and any trapped animals removed by authorised fauna handlers

All

Fauna Handling

Fauna will not be intentionally harmed or maimed under State wildlife protection legislation This includes aquatic and terrestrial fauna (land and air animals)

Workers are not authorised handleto be in possession of native fauna The trapping and handling of fauna in particular dangerous species will only be undertaken by a competent qualified fauna handler

All

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Appendix 4 - Flora amp Fauna Management Sub Plan Responsibility

Fire Management

Georgiou will not set fire to bush or use spark generating machinery (eg graders) during a prohibited or restricted burning time

If safe to do so Georgiou will extinguish any bush fire within the site boundary and request help from authorities if necessary Fire breaks will be established as requested by authorities

Project Manager

Environmental

Inspections amp

Monitoring

Daily (Visual) and weekly

(documented)

General observation for clearing boundary demarcation Weekly inspections using Georgiou Beakon inspection form

All staff

Reporting HSEQ Monthly Management Meeting Monthly Environmental Performance Report

Project Manager

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Appendix 5 - Cultural Heritage Management Sub Plan Responsibility

Objectives amp Targets

Refer to the Site Objectives amp Targets (section 57 of this CEMP) Minimise impacts on items or places of heritage value Avoid accidental impacts on heritage items Maximise workerrsquos awareness of indigenous and non-indigenous heritage

Project Manager

Performance Criteria

100 Compliance with Client amp legal requirements 100 achievement with Site Objectives amp targets 100 achievement of relevant Sydney Metro CEMF objectives

Project Manager

Mitigation Measures

General Maintain the integrity of the cultural (European amp Indigenous) aspects of the Site

Project Manager

Training and Competency

As part of the Site Induction workers will be informed of any identified cultural or heritage aspects on the Site and any specific controls to be adhered including - Management practices when working near protected areas - Respecting Heritage Sites - Reporting requirements

Georgiou personnel will participate in the Companyrsquos cross cultural awareness training for employees

Project Manager

Heritage Sites There are s170 heritage listed Glebe Island silos (Port Authority of NSW s170 4560056) that are approximately 5m from the edge of works

Project Engineer

Method statement

In accordance with the REF an Archaeological Work Method Statement would be prepared and implemented where excavation is required The Archaeological Work Method Statement would outline the requirements of archaeological monitoring and recording where archaeological remains of potential local significance may be impacted

Sydney Metro

Unexpected heritage finds

In the event that an artefact or remains are found the Sydney Metro Unexpected Heritage Finds procedure (Appendix 5A) will be followed this includes - The works in that area will cease immediately - The Project Manager and Sydney Metro must be notified - The site must be made secure a buffer zone of ten meters is recommended - Sydney Metro to provide management recommendations

Georgiou will notify all site personnel of the object andor area and proposed treatment of that object andor area as soon as possible but prior to commencing work on the next working day

Works will not continue until written approval has been received from the client

All

discovery of human remains

In the event that human remains are found the Sydney Metro Exhumation Management procedure will be followed (Appendix 5B)

All

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Environmental Inspections amp Monitoring

Building condition inspections Building condition inspections will be undertaken in accordance with REF condition NV3 Sydney Metro

Vibration Monitoring

Continuous vibration monitoring will occur during any vibratory works in close proximity to the Glebe Island silos in accordance with the Sydney Metro Construction Noise and Vibration Standard

Environmental Site Representative

Daily (Visual) and weekly (documented)

General observation for that protection measures and methods are being applied Weekly inspections using Georgiou Beakon inspection form

All staff

Reporting HSEQ Monthly Management Meeting Monthly Environmental Performance Report

Project Manager

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Appendix 5A ndash Sydney Metro Unexpected Heritage Finds Procedure

Sydney Metro Unexpected

Heritage Finds Procedure [SM-18-00105232]

Sydney Metro Integrated Management System (IMS)

Applicable to Sydney Metro

Document Owner Senior Heritage Advisor

System Owner Environment Sustainability and Planning

Status Final

Version 33

Date of issue June 2020

Review date June 2021

copy Sydney Metro 2018

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Document history

Version Date of approval Notes

11 Incorporates ER comments 210617

12 Amends p13 step 8 reference to s146 added

13 Incorporates Planning Mods 1-4 including amended CoA E20

14 Incorporates ER comments 210318

20 Removes SSI 15-7400 COA reference

30 Revises definition

31 Revises flow chart

32 Revises roles and responsibilities

33 General edits and corrections

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Table of contents

1 Purpose 3

11 Legislation that does not apply 3

2 Scope 4

3 Definitions 4

4 Types of unexpected heritage items and corresponding statutory protections 5

41 Aboriginal objects 5

42 Historic heritage items 6

43 Human skeletal remains 7

5 Legislative Requirements 7

6 Unexpected heritage finds protocol 9

7 Responsibilities 15

8 Seeking Advice 16

9 Related documents and references 16

10 List of appendices 16

11 Document history 17

Appendix 1 Examples of finds encountered during construction works 18

Appendix 2 - Unexpected heritage item recording form 24

Appendix 3 - Photographing unexpected heritage items 26

Appendix 4 - Uncovering bones 29

Appendix 5 - Archaeologicalheritage advice checklist 33

Appendix 6 - Template notification letter 34

Tables

Table 1 Legislation and guidelines for management of unexpected heritage finds 8 Table 2 Specific tasks to be implemented following the discovery of an unexpected heritage item 10 Table 3 Roles and Responsibilities 15

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1 Purpose

This procedure is applicable to the Sydney Metro program of works including major projects delivered under Critical State Significant Infrastructure (CSSI) Planning Approvals early CSSI minor and enabling works and works that are subject to the NSW Heritage Act (1977) including s57139 and s60140 exemptions and permit approvals and the National Parks and Wildlife (NPW) Act 1974

This procedure has been prepared for Sydney Metro programs to provide a method for managing unexpected heritage items (both Aboriginal and non-Aboriginal) that are discovered during preconstruction (pre-Construction Heritage Management Plan approval) construction phases (post Construction Heritage Management Plan approval) and for works subject to the NSW Heritage Act (1977)

In NSW there are strict laws to protect and manage heritage objects and relics As a result appropriate heritage management measures need to be implemented to minimise impacts on heritage values ensure compliance with relevant heritage notification and other obligations and to minimise the risk of penalties to individuals Sydney Metro and its contractors This procedure includes Sydney Metrorsquos heritage notification obligations under the Heritage Act NPW Act and the Coronerrsquos Act 2009 and the requirements of the conditions of approval(CoA) issued by NSW Department of Planning Industry and Environment Note that a Contractor must not amend the Sydney Metro Unexpected Finds Procedure or use a different procedure without the prior approval of Sydney Metro

This procedure must be read in conjunction with the relevant CCSI conditions of approval (if applicable) the contract documents and other plans and procedures including the Sydney Metro Exhumation Procedure in addition to any other relevant documents as developed by the contractor during the delivery of the Sydney Metro works

2 Definitions and Abbreviations

An unexpected heritage find is

any unanticipated discovery of an actual or potential heritage item which Sydney Metro does not have approval to disturb andor does not have an existing management process in place

a find that has not been previously identified or assessed

a find that is not referenced in an Archaeological Research Design (ARD) Archaeological Method Statement (AMS) or other project document relating to heritage and archaeology

not covered by an existing approval under the Heritage Act 1977 (Heritage Act) or National Parks and Wildlife Act 1974 (NPW Act)

Note that locally significant areas of historical archaeological potential identified in an Archaeological Method Statement but not identified in an Archaeological Research Design would be managed as an ldquoexpectedrdquo find

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All terminology in this procedure is taken to mean the generally accepted or dictionary definition with the exception of the following terms which have a specifically defined meaning

Definitions

AHIP Aboriginal Heritage Impact Permit

Aboriginal object An Aboriginal object is any deposit object or material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of the area being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction and includes Aboriginal remains An Aboriginal object may include a shell midden stone tools bones rock art Aboriginal-built fences and stockyards scarred trees and the remains of fringe camps

ARD Archaeological Research Design

AMS Archaeological Method Statement

CEMP Construction Environmental Management Plan

CoA Conditions of Approval

CSSD Critical State Significant Development

CSSI Critical State Significant Infrastructure

EPampA Act NSW Environmental Planning and Assessment Act 1979

Disturbance Disturbance is considered to be any physical interference to an item that results in it

being destroyed defaced damaged harmed impacted or altered in any way (this

includes archaeological investigation activities)

Excavation Director

A person that has been determined by the NSW Heritage Division to meet the Heritage Council of NSWrsquos Criteria for Assessment of Excavation Directors (4 September 2019 and as updated) and can therefore competently archaeologically investigate a site of either local andor state significance

Heritage Act NSW Heritage Act 1977

NPW Act NSW National Parks and Wildlife Act 1974

Heritage NSW Formerly Office of Environment and Heritage (OEH) Now Heritage NSW as part of PNSW Premier and Cabinet

SM Sydney Metro

Relic (non- Aboriginal heritage)

A relic means any deposit artefact object or material evidence that

a) relates to the settlement of the area that comprises NSW not being Aboriginal settlement and

b) is of State or local significance

A relic may include items such as bottles utensils remnants of clothing crockery

personal effects tools machinery and domestic or industrial refuse

TfNSW Transport for New South Wales

Work (non- Aboriginal heritage)

Archaeological features such as historic utilities or buried infrastructure that provide evidence of prior occupations such as former rail or tram tracks timber sleepers kerbing historic road pavement fences culverts historic pavement buried retaining walls cisterns conduits sheds or building foundations but are also subject to assessment by the Excavation Director to determine its classification

Unclassified

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(Uncontrolled when printed)

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21 Legislation that does not apply

The following authorisations are not required for Sydney Metro approved Critical State Significant Infrastructure (and accordingly the provisions of any Act that prohibits an activity without such an authority do not apply)

Division 8 of Part 6 of the Heritage Act 1977 does not apply to prevent or interfere with the carrying out of approved State significant infrastructure

An approval under Part 4 or an excavation permit under section 139 of the Heritage Act 1977 and

An Aboriginal heritage impact permit under section 90 of the National Parks and Wildlife Act 1974

This document provides relevant background information in Section 4 followed by the technical procedure in Sections 6 and 7 Associated guidance referred to in the procedure can be found in Appendices 1-6

3 Scope

Even with early investigations unexpected finds may still occur during works on a Sydney Metro site When this happens this procedure must be followed This procedure provides direction on when to stop work where to seek technical advice how to notify the regulator if required and when works can recommence This procedure applies to the discovery of any unexpected heritage item relic or object where the find is not anticipated in an approved ARD or AMS or other project specific document related to archaeology

This procedure must be followed by all Sydney Metro staff contractors subcontractors or any person undertaking works for Sydney Metro It includes references to some of the relevant legislative and regulatory requirements but is not intended to replace them This procedure does not apply to

the discovery and disturbance of heritage items as a result of investigations being undertaken in accordance with the Code of Practice for Archaeological Investigations of Aboriginal Objects in NSW4376 20101 an Aboriginal Heritage Impact Permit (AHIP) issued under the NPW Act or a permit approval issued under the Heritage Act

the discovery and disturbance of heritage items as a result of construction related activities where the disturbance is permissible in accordance with an AHIP or an approval issued under the Heritage Act or CSSI CSSD planning approval or

locally significant non-Aboriginal archaeology identified in an AMS and not in an ARD

1 An act carried out in accordance with the Code of Practice for Archaeological Investigation of Aboriginal Objects

in NSW as published by the Department in the Gazette on 24 September 2010 is excluded from the definition of harm an object or place in section 5 (1) of the NPW Act

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Unclassified

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4 Types of unexpected heritage finds and corresponding statutory protections

Project field and environmental personnel (including construction contractors) are critical to the early identification and protection of unexpected finds

Appendix 1 illustrates the wide range of heritage items uncovered to date during Sydney Metro projects and gives an indicative guide to what unexpected finds may look like

These discoveries are categorised as either

(a) Aboriginal objects

(b) Historic (non-Aboriginal) heritage items or

(c) Human skeletal remains

The relevant legislation that applies to each of these categories is described below

41 Aboriginal objects

The NPW Act protects Aboriginal objects which are defined as

ldquoany deposit object or material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of the area that comprises New South Wales being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction and includes Aboriginal remainsrdquo2

Examples of Aboriginal objects include stone tool artefacts shell middens axe grinding grooves pigment or engraved rock art burials and scarred trees

42 Historic heritage items

Historic (non-Aboriginal) heritage items may include

Archaeological lsquorelicsrsquo or

Other historic items (ie works structures buildings or movable objects)

2 Section 5(1) NPW Act 3 This is required under section 89(A) of the NPW Act and applies to all Sydney Metro projects

IMPORTANT

All Aboriginal objects regardless of significance are protected under law

If any impact is expected to an Aboriginal object an AHIP is usually required from Heritage NSW When a person becomes aware of an Aboriginal object they must notify the Director-

General of Heritage NSW about its location3 Assistance on how to do this is provided in Section 7 (Step 5)

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421 Archaeological relics

The Heritage Act protects relics which are defined as ldquoany deposit artefact object or material evidence that relates to the settlement of the area that comprises NSW not being Aboriginal settlement and is of State or local heritage significancerdquo4

Relics are archaeological items of local or state significance which may relate to past domestic industrial or agricultural activities in NSW and can include bottles remnants of clothing pottery building materials and general refuse

422 Other historic items

Some historic heritage items are not considered to be lsquorelicsrsquo but are instead referred to as works buildings structures or movable objects Examples of these items that may be encountered include culverts historic pavements retaining walls tramlines rail tracks turn tables timber sleepers cisterns fences sheds buildings and conduits Although an approval under the Heritage Act may not be required to disturb these items their discovery must be managed in accordance with this procedure

Usually archaeological relics are uncovered via a process of excavation or soil removal When an unexpected find is uncovered an archaeological excavation permit under section 140 or section 60 of the Heritage Act may be required to further investigate or remove it if investigation is not covered by an existing approval In contrast lsquoother historic itemsrsquo either exist above the ground surface (for example a shed) or they are designed to operate and exist beneath the ground surface (for example a culvert)They may also need a permit to alter disturb or remove them if there is not an approval already in place

4 Section 4(1) Heritage Act

5 This is required under section 146 of the Heritage Act and applies to all Sydney Metro projects

IMPORTANT

All relics are subject to statutory controls and protections

If a relic is likely to be disturbed a heritage approval is usually required from the NSW Heritage Council When a person discovers a relic they must notify the NSW Heritage

Council of its location5

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43 Human skeletal remains

The Sydney Metro Exhumation Procedure provides a more detailed explanation of the approval processes related to human remains

Human skeletal remains can be identified as either an Aboriginal object or non-Aboriginal relic depending on the ancestry of the individual (Aboriginal or non-Aboriginal) and the burial context (archaeological or non-archaeological) Remains are considered to be archaeological when the time elapsed since death is suspected of being 100 years or more Depending on ancestry and context different legislation applies

As a simple example a pre-European settlement archaeological Aboriginal burial would be protected under the NPW Act while a historic (non-Aboriginal) archaeological burial within a cemetery would be protected under the Heritage Act For a non-Aboriginal archaeological burial the relevant heritage approval and notification requirement described in Appendix 4 would apply In addition to the NPW Act finding Aboriginal human remains also triggers notification requirements to the Commonwealth Minister for the Environment under section 20(1) of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Commonwealth)

Where it is suspected that less than 100 years has elapsed since death the human skeletal remains come under the jurisdiction of the State Coroner and the NSW Coroners Act 2009 Such cases are lsquoreportable deathsrsquo and under legal notification obligations set out in section 35(2) a person must report the death to a police officer a coroner or an assistant coroner as soon as possible This applies to all human remains less than 100 years old regardless of ancestry (whether Aboriginal or non-Aboriginal remains) Public health controls may also apply6

Guidance on what to do when suspected human remains are found is provided in Appendix 5

IMPORTANT

All human skeletal remains are subject to statutory controls and protections

All bones must be treated as potential human skeletal remains and work around them must stop while they are appropriately protected and investigated the relevant authorities advised and approvals received This includes skeletal material found during any phase of work including

geotechnical works early works construction works and any other site works

6 Under section 19 of the Coroners Act 2009 the coroner has no jurisdiction to conduct an inquest into reportable

death unless it appears to the coroner that (or that there is reasonable cause to suspect that) the death or suspected death occurred within the last 100 years

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5 Legislative Requirements Table 1 identifies some of the relevant legislationregulations for the protection of heritage and the management of unexpected heritage finds in NSW It should be noted that significant penalties exist for breaches of the legislation which result in unauthorised impacts to heritage items

To avoid breaches of legislation it is important that Sydney Metro and its contractors are aware of their statutory obligations under relevant legislation and that appropriate control measures are in place to ensure that unexpected finds are appropriately managed during all project phases Contractors will need to ensure that they undertake their own due diligence to identify any other legislative requirements that may apply for a given project

Table 1 Legislation and guidelines for management of unexpected heritage finds

Relevant Requirement Objectives and offences

Environmental Planning and Assessment Act 1979 (EPampA Act)

Part 5 Division 52 Subdivision 2 Section 519

Requires heritage to be considered within the environmental impact assessment of projects

Heritage Act 1977 (Heritage Act)

The Heritage Act provides for the care protection and management of heritage items in NSW Under section 139 it is an offence to disturb or excavate any land knowing or having reasonable cause to suspect that the disturbance or excavation will or is likely to result in a relic being discovered exposed moved damaged or destroyed unless the disturbance or excavation is carried out in accordance with an excavation permit issued by the Heritage NSW under the Act a relic is defined as lsquoany deposit artefact object or material evidence that (a) relates to the settlement of the area that comprises New South Wales not being Aboriginal settlement and (b) is of State or local heritage significancersquo

A person must notify the Heritage NSW if a person is aware or believes that they have discovered or located a relic (section 146) Penalties for offences under the Heritage Act can include six months imprisonment andor a fine of up to $11million

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Relevant Requirement Objectives and offences

National Parks and Wildlife Act 1974 (NPW Act)

The NPW Act provides the basis for the care protection and management of Aboriginal objects and places in NSW

An Aboriginal object is defined as lsquoany deposit object or material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of the area that comprises New South Wales being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction and includes Aboriginal remainsrsquo

An lsquoAboriginal placersquo is an area declared by the Minister administering the Act to be of special significance with respect to Aboriginal culture An Aboriginal place does not have to contain physical evidence of occupation (such as Aboriginal objects)

Under section 87 of the Act it is an offence to harm or desecrate an Aboriginal object or place There are strict liability offences An offence cannot be upheld where the harm or desecration was authorised by an AHIP and the permitrsquos conditions were not contravened Defences and exemptions to the offence of harming an Aboriginal object or Aboriginal place are provided in section 87 87A and 87B of the Act A person must notify Heritage NSW if a person is aware of the location of an Aboriginal object

Penalties for some of the offences can include two years imprisonment andor up to $550000 (for individuals) and a maximum penalty of $11 million (for corporations)

6 Unexpected heritage finds protocol

61 What is an unexpected heritage find

An lsquounexpected heritage findrsquo can be defined as any unanticipated archaeological discovery that has not been identified during a previous assessment or is not covered by an existing permit under the Heritage Act The find may have potential cultural heritage value which may require a heritage permit or notification if any interference of the heritage item is proposed or anticipated

The range of potential unexpected finds can include but is not limited to

remains of rail infrastructure including buildings footings stations signal boxes rail lines bridges and culverts

remains of other infrastructure including sandstone or brick buildings wells cisterns drainage services conduits old kerbing and pavement former road surfaces timber and stone culverts bridge footings and retaining walls

artefact scatters including clustering of broken and complete bottles glass ceramics animal bones and clay pipes and

archaeological human skeletal remains

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62 Managing unexpected finds

In the event that an unexpected find is encountered on a Sydney Metro site the steps detailed in Table 2 must be followed There are seven steps in the procedure

Table 2 Specific tasks to be implemented following the discovery of an unexpected heritage item

Step Task Responsibility Guidance and tools

1 Stop work and protect the item

11 Stop all work including geotechnical investigations in the immediate area of the item and notify the Project Manager

Contractor Supervisor

Appendix 1

Identifying Unexpected Heritage items

12 Establish a lsquono-go zonersquo around the item Use high visibility fencing where practical No work is to be undertaken within this zone until further investigations are completed and if required appropriate approvals are obtained

Inform all site personnel about the no-go zone

Project Manager Contractor Supervisor

2 Engage an Archaeologist

21 If you have Excavation Director or an archaeologist andor Aboriginal heritage consultant has been previously appointed for the project contact them to discuss the location and nature of the item and arrange a site inspection The project Construction Environmental Management Plan (CEMP) may contain contact details of the archaeologistAboriginal heritage consultant

Provide as much information as possible including photos and completed recording form

Inform the Sydney Metro Environmental Manager and keep them involved in the process The Environmental Manager will inform the Sydney Metro Senior Heritage Advisor

Contractors Project Manager

Appendix 2

Unexpected Heritage Item Recording Form

22 Where there is no project archaeologist engaged for the works engage a suitably qualified consultant to assess the find

If the find is a non-Aboriginal item engage a suitably qualified and experienced historical archaeological consultant

If the find is likely to be an Aboriginal object engage an Aboriginal heritage consultant

Contractorrsquos Project Manager

IMPORTANT

Sydney Metro may have approval to impact certain heritage items during construction If you think that you may have discovered a heritage item and you are unsure whether an

approval is in place or not STOP works and follow this procedure

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Step Task Responsibility Guidance and tools

23 ArchaeologistExcavation Director and Sydney Metro Environmental Manager to advise the Project Manager whether Sydney Metro has approval to impact the lsquoitemrsquo

If yes work may recommence in accordance with that approval or permit There is no further requirement to follow this procedure

If no continue to next step

Contractorrsquos Project Manager

3 Arrange site access

31 Arrange site access for the archaeologistAboriginal heritage consultant to inspect the item as soon as practicable In most cases a site inspection is required to conduct a preliminary assessment

Contractorrsquo s Project Manager Excavation Director

32 Subject to the archaeologistAboriginal heritage consultantrsquos assessment work may recommence at a set distance from the item This is to protect any other archaeological material that may exist in the vicinity which may have not yet been uncovered Existing protective fencing established in Step 12 may need to be adjusted to reflect the extent of the newly assessed protective area No works are to take place within this area once established

Archaeologist Aboriginal heritage consultant Contractorrsquos Project Manager Excavation Director

33 Occasionally the archaeologistAboriginal heritage consultant may determine from the photographs provided at Step 21 that no site inspection is required because no heritage constraint exists for the project (for example the item is not a lsquorelicrsquo a lsquoheritage itemrsquo or an lsquoAboriginal objectrsquo) Any such advice should be provided in writing (for example via email or letter with the consultantrsquos name and company details clearly identifiable) to the Sydney Metro Project Manager Environment Manager and Senior Heritage Advisor

Archaeologist Aboriginal heritage consultant Excavation Director

Proceed to Step 8

4 Undertake Preliminary assessment and recording of the find

41 Has the lsquofindrsquo been damaged or harmed

If yes record the incident in the Incident

Management System Implement any additional reporting requirements related to the planning approval and CEMP where relevant

Contractors Project Manager Archaeologist and or Excavation Director

42 Can the works avoid further disturbance to the item Project Manager to confirm with Sydney Metro Environment Manager

Complete the remaining tasks

Contractorrsquos Project Manager

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Unclassified

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Step Task Responsibility Guidance and tools

43 Inspect document and photograph the item Archaeologist and or Excavation Director

Appendix 2

Unexpected Heritage Item Recording Form

Appendix 3

Photographing Unexpected Heritage items

44 Is the item likely to be bone

If yes follow the steps in Appendix 4 ndash lsquoUncovering bonesrsquo Where it is obvious that the bones are human remains you must notify the local police by telephone immediately They may take command of all or part of the site Also refer to the Sydney Metro Exhumation Procedure

If no proceed to next step

Archaeologist and or Excavation Director

Appendix 4

Uncovering Bones

45 The archaeologistAboriginal heritage consultant may provide advice after the site inspection and preliminary assessment that no heritage constraint exists for the project (for example the item is not a lsquorelicrsquo or a lsquoheritage itemrsquo or an lsquoAboriginal itemrsquo) Any such advice should be provided in writing (for example via email or letter with the consultantrsquos name and company details clearly identifiable) to the Metro Project Manager

Archaeologist Aboriginal heritage consultant Contractorrsquos Project Manager Excavation Director

Proceed to Step 7

Refer to Appendix 1

Examples of finds encountered during construction worksrsquo

46 Where required seek additional specialist technical advice (such as a forensic or physical anthropologist to identify skeletal remains) The archaeologistAboriginal heritage consultant can provide contacts for such specialist consultants

Excavation Director Archaeologist

47 Where the item has been identified as a lsquorelicrsquo or lsquoheritage itemrsquo or an lsquoAboriginal objectrsquo the archaeologist should formally record it

Archaeologist Aboriginal heritage consultant

48 NSW Heritage for non-Aboriginal relics and NSW Department of Planning Industry and Environment for Aboriginal objects can be notified informally by telephone at this stage by the Sydney Metro Senior Heritage Advisor Any verbal conversations with regulators must be noted on the project file for future reference

Contractors Project Manager Excavation Director

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Unclassified

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Step Task Responsibility Guidance and tools

5 Notify the regulator if required

51 Based on the findings of the archaeological or heritage management plan and corresponding legislative requirements is notification of Heritage NSW and the Secretary required

If no proceed directly to Step 6

If yes proceed to next step

Sydney Metro Environmental Manager Contractorrsquos Excavation Director

52 If notification is required complete the template notification letter including the archaeological heritage management plan and other relevant supporting information and forward to the Sydney Metro Environmental Manager The Environmental Manager will seek the approval of the Sydney Metro Senior Heritage Advisor and the signature of the Principal Manager Sustainability Environment and Planning (Program)

Sydney Metro Environmental Manager Excavation Director

Appendix 6

Template Notification Letter

53 Forward the signed notification letter to Heritage NSW and the Secretary

Informal notification (via a phone call or email) to Heritage NSW prior to sending the letter is appropriate The archaeological or heritage management plan and the completed Unexpected Heritage Item Recording Form (Appendix 2) must be submitted with the notification letter (for both Aboriginal objects and non-Aboriginal relics)

The Department of Planning Industry and Environment may also need to be notified

54 A copy of the final signed notification letter archaeological or heritage management plan and the site recording form is to be kept on file and a copy sent to the Sydney Metro Project Manager

Contractorrsquos Project Manager Excavation Director

6 Implement archaeological or heritage management plan

61 Modify the archaeological or heritage management plan to take into account any additional advice resulting from notification and discussions with regulator

Contractorrsquos Project Manager Excavation Director

62 Implement the archaeological or heritage management plan Where impact is expected this may include a formal assessment of significance and heritage impact assessment preparation of excavation or recording methodologies consultation with Registered Aboriginal Parties obtaining heritage approvals etc if required

Contractorrsquos Project Manager Excavation Director

63 Where heritage approval is required contact the Sydney Metro Environment Manager for further advice and support material Please note there are time constraints associated with heritage approval preparation and processing

Contractorrsquos Project Manager Excavation Director

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64 Assess whether heritage impact is consistent with the project approval or if project approval modification is required from the Department of Planning Industry and Environment

Excavation Director Sydney Metro Environmental Manager

65 Where statutory approvals (or project approval modifications) are required impact upon relics andor Aboriginal objects must not occur until heritage approvals are issued by the appropriate regulator

Contractorrsquos Project Manager Excavation Director

66 Where statutory approval is not required but where recording is recommended by the archaeologistAboriginal heritage consultant sufficient time must be allowed for this to occur

Contractorrsquos Project Manager Excavation Director

67 Ensure short term and permanent storage locations are identified for archaeological material or other heritage material removed from site where required Interested third parties (for example museums local Aboriginal land councils or local councils) should be consulted on this issue Contact the archaeologist or Aboriginal heritage consultant for advice on this matter if required

Contractorrsquos Project Manager Excavation Director

7 Resume work

71 Seek written clearance to resume project work from the project Excavation Director Archaeologist Aboriginal heritage consultant

Clearance would only be given once all archaeological excavation andor heritage recommendations and approvals (where required) are complete Resumption of project work must be in accordance with the all relevant projectheritage approvalsdeterminations

Contractorrsquos Project Manager Excavation Director

72 If required ensure archaeological excavationheritage reporting and other heritage approval conditions are completed in the required timeframes This includes artefact retention repositories conservation andor disposal strategies

Contractorrsquos Project Manager Excavation Director

73 If additional unexpected items are discovered this procedure must begin again from Step 1

All

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7 Responsibilities

Table 3 Roles and Responsibilities

Role Responsibility or role under this guideline

Contractor Supervisor

Stop work immediately when an unexpected heritage find is encountered Cordon off area until Environmental Manager Excavation Director advises that work can recommence

Manage the process of identifying protecting and mitigating impacts on the lsquofindrsquo

Liaise with Sydney Metro Project Manager Environment Manager and Senior Heritage Advisor

Assist the archaeologistAboriginal heritage consultant with mitigation and regulatory requirements

Complete Incident Report and review CEMP for any changes required Propose amendments to the CEMP if any changes are required

Contractors Project Manager

Ensures all aspects of this procedure are implemented Advise Contractor Supervisor to recommence work if all applicable requirements have been satisfied and the Excavation Director

Project Archaeologist has approved recommend of work

Contractorrsquos or Project Heritage Advisor or Consultant

Provide expert advice to the Sydney Metro Environment Manager on find identification significance mitigation legislative procedures and regulatory requirements

Environmental Representative

Ensure compliance with relevant approvals (new and existing)

Sydney Metro Environment Manager

Notify the Sydney Metro Principal Manager Environmental Management of find and manage Incident Reporting once completed by Environmental Manager

Sydney Metro Senior Heritage Advisor

Provide expert advice to Sydney Metro Environment Manager and project as required

8 Seeking Advice

Advice on this procedure should be sought from the Sydney Metro Environment Manager in the first instance Contractors and delivery partners should ensure their own project environment managers are aware of and understand this procedure

Technical archaeological or heritage advice regarding an unexpected heritage item should be sought from a suitably qualified and experienced archaeologistAboriginal heritage consultant

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9 Related documents and references

Sydney Metro Environmental Incident Classification and Reporting ndash SM-17-00000096

Transport for NSW Guide to Environmental Control Map ndash 3TP-SD-01570

NSW Heritage Office (1998) Skeletal remains guidelines for the management of human skeletal remains

Roads and Maritime Services (2015) Standard Management Procedure Unexpected Heritage Items

Department of Environment and Conservation NSW (2006) Manual for the identification of Aboriginal remains

Sydney Metro Exhumation Procedure ndash SM ES-PW-31510

10 List of appendices

The following appendices are included to support this procedure

Appendix 1 Examples of finds encountered during construction works

Appendix 2 Unexpected Heritage Item Recording Form

Appendix 3 Photographing Unexpected Heritage Items

Appendix 4 Uncovering Bones

Appendix 5 Archaeological Advice Checklist

Appendix 6 Template Notification Letter

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Appendix 1 Examples of finds encountered during construction works

Photo 1 - Aboriginal artefacts found at the Wickham Transport Interchange 2015

Photo 2 ndash Aboriginal artefacts (shell material) found at the Wickham Transport Interchange 2015

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Photo 3 1840s seawall and 1880s retaining wall uncovered at Balmain East 2016

Photo 4 Sandstone pavers uncovered at Balmain East 2016

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Photo 5 - Platform structure at Hamilton Railway Station classified as a lsquoworkrsquo by the project archaeologist - Wickham Transport Interchange project 2015

Photo 6 - Platform structure at Hamilton Railway Station classified as a lsquoworkrsquo by the project archaeologist - Wickham Transport Interchange project 2015

Photo 7 - Sandstone flagging and cesspit - Wynyard Walk project 2014

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Photo 8 - Chinese Ming Dynasty pottery and English porcelainpottery dating back to early 19th century - Wynyard Walk project 2014

Photo 9 - Pottery made by convict potter Thomas Ball during the early settlement - Wynyard Walk project 2014

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The following images obtained from the Roads and Maritime Servicesrsquo Standard Management Procedure for Unexpected Heritage items 2015 can be used to assist in the preliminary identification of potential unexpected items during construction and maintenance works Photo 10 - Top left hand picture continuing clockwise Stock camp remnants (Hume Highway Bypass at

Tarcutta) Linear archaeological feature with post holes (Hume Highway Duplication) Animal bones (Hume Highway Bypass at Woomargama) Cut wooden stake Glass jars bottles spoon and fork recovered from refuse pit associated with a Newcastle Hotel (Pacific Highway Adamstown Heights Newcastle area) (RMS 2015)

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Photo 11 - Top left hand picture continuing clockwise Stock camp remnants (Hume Highway Bypass at

Tarcutta) Linear archaeological feature with post holes (Hume Highway Duplication) Animal bones

(Hume Highway Bypass at Woomargama) Cut wooden stake Glass jars bottles spoon and fork

recovered from refuse pit associated with a Newcastle Hotel (Pacific Highway Adamstown Heights

Newcastle area) (RMS 2015)

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Appendix 2 - Unexpected Heritage Find Recording Form

Example of unexpected heritage item recording form

This form is to be completed Excavation Director on the discovery of an archaeological heritage find during construction or maintenance works

Date Recorded by

(include name and position)

Project name

Description of works

being undertaken

Description of exact

location of item

Description of item

found

(What type of item is it likely

to be Tick the relevant

boxes)

A A relic A lsquorelicrsquo is evidence of a past human activity

relating to the settlement of NSW with local

or state heritage significance A relic might

include bottle utensils plates cups

household items tools implements and

similar items

B A lsquoworkrsquo building or

structurersquo A lsquoworkrsquo can generally be defined as a form

infrastructure such as track or rail tracks

timber sleepers a culvert road base a

bridge pier kerbing and similar items

C An Aboriginal object An lsquoAboriginal objectrsquo may include stone

tools stone flakes shell middens rock art

scarred trees and human bones

D Bone Bones can either be human or animal

remains

Remember that you must contact the local

police immediately by telephone if you are

certain that the bone(s) are human

remains

E Other

Provide a short

description of the item

(Eg metal rail tracks

running parallel to the rail

corridor Good condition

Tracks set in concrete

approximately 10 cm below

the current ground surface)

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Sketch

(Provide a sketch of the

itemrsquos general location in

relation to other road

features so its approximate

location can be mapped

without having to re-

excavate it In addition

please include details of the

location and direction of any

photographs of the item

taken)

Action taken (Tick either

A or B)

A Unexpected item

would not be further

impacts on by the

works

Describe how works would avoid impact

on the item (Eg the rail tracks would be left in

situ and recovered with paving)

B Unexpected item

would be further

impacted by the works

Describe how works would impact on the

item (Eg milling is required to be continued to a

depth of 200 mm depth to ensure the pavement

requirements are met Rail tracks would need to

be removed)

Excavation Director Signature

Signature

It is a statutory offence to disturb Aboriginal objects and historic relics (including human

remains) without an approval All works affecting objects and relics must cease until an

approval is sought

Approvals may also be required to impact on certain works

Important

Unclassified

Appendix 3 - Photographing unexpected heritage finds

Photographs of unexpected finds in their current context (in situ) may assist archaeologistsAboriginal heritage consultants to better identify the heritage values of the item Emailing good quality photographs to specialists can allow for better quality and faster heritage advice The key elements that must be captured in photographs of the item include its position the item itself and any distinguishing features All photographs must have a scale (ruler scale bar mobile phone coin etc) and a note describing the direction of the photograph

Context and detailed photographs

It is important to take a general photograph (Figure 1) to convey the location and setting of the item This will add value to the subsequent detailed photographs also required (Figure 2)

Figure 1 Telford road uncovered on the Great Western Highway (Leura) in 2008 (RMS 2015)

Photographing distinguishing features

Where unexpected items have a distinguishing feature close up detailed photographs must be taken of these features where practicable In the case of a building or bridge this may include diagnostic details architectural or technical features See Figures 3 and 4 for examples

Unclassified

Removal of the item from its context (eg excavating from the ground) for

photographic purposes is not permitted

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Photographing bones

The majority of bones found on site will be animal bones often requiring no further assessment (unless they are in archaeological context) However if bones are human the police must be contacted immediately (see Appendix 5 for detailed guidance) Taking quality photographs of the bones can often resolve this issue quickly The project archaeologist can confirm if bones are human or non-human if provided with appropriate photographs

Ensure that photographs of bones are not concealed by foliage (Figure 5) as this makes it difficult to identify Minor hand removal of foliage can be undertaken as long as disturbance of the bone does not occur Excavation of the ground to remove bone(s) should not occur nor should they be pulled out of the ground if partially exposed

Where sediment (adhering to a bone found on the ground surface) conceals portions of a bone (Figure 6) ensure the photograph is taken of the bone (if any) that is not concealed by sediment

Ensure that all close up photographs include the whole bone and then specific details of the bone (especially the ends of long bones the epiphysis which is critical for species identification) Figures 7 and 8 are examples of good photographs of bones that can easily

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be identified from the photograph alone They show sufficient detail of the complete bone and the epiphysis

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Appendix 4 - Uncovering bones

This appendix provides advice regarding

what to do on first discovering bones

the range of human skeletal notification pathways and

additional considerations and requirements when managing the discovery of human remains

1 First uncovering bones

Refer to the Sydney Metro Exhumation Procedure

Stop all work in the vicinity of the find All bones uncovered during project works should be treated with care and urgency as they have the potential to be human remains The bones must be identified as either human or non-human as soon as possible by a qualified forensic or physical anthropologist

On the very rare occasion where it is immediately obvious from the remains that they are human the Project Manager (or a delegate) should inform the police by telephone prior to seeking specialist advice It will be obvious that it is human skeletal remains where there is no doubt as demonstrated by the example in Figure 17 Often skeletal elements in isolation (such as a skull) can also clearly be identified as human Note it may also be obvious that human remains have been uncovered when soft tissue andor clothing are present

7

After Department of Environment and Conservation NSW (2006) Manual for the identification of Aboriginal

Remains 17

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This preliminary phone call is to let the police know that a specialist skeletal assessment to determine the approximate date of death which will inform legal jurisdiction The police may wish to take control of the site at this stage If not a forensic or physical anthropologist must be requested to make an on-site assessment of the skeletal remains

Where it is not immediately obvious that the bones are human (in the majority of cases illustrated by Figure 2) specialist assessment is required to identify the bones Photographs of the bones can assist this assessment if they are clear and taken in accordance with guidance provided in Appendix 3 Good photographs often result in the bones being identified by a specialist without requiring a site visit noting they are nearly always non-human In these cases non-human skeletal remains must be treated like any other unexpected archaeological find

If the bones are identified as human (either by photographs or an on-site inspection) a technical specialist must determine the likely ancestry (Aboriginal or non-Aboriginal) and burial context (archaeological or forensic) This assessment is required to identify the legal regulator of the human remains so urgent notification (as below) can occur

Preliminary telephone or verbal notification by the archaeologist to the Sydney Metro Senior Heritage Advisor is appropriate This must be followed up later by a formal letter notification to the relevant regulator when a management plan has been developed and agreed to by the relevant parties

2 Range of human skeletal notification pathways

The following is a summary of the different notification pathways required for human skeletal remains depending on the preliminary skeletal assessment of ancestry and burial context

A Human bones are from a recently deceased person (less than 100 years old)

B Human bones are archaeological in nature (more than 100 years old) and are likely to be Aboriginal remains

C Human bones are archaeological in nature (more than 100 years old) and likely to be non-Aboriginal remains

Figure 3 summarises the notification pathways on finding bones

Action

The Heritage NSW must be notified immediately

Action

The police must be notified immediately as per the obligations to report a death or suspected death under s35 of the Coroners Act 2009 (NSW) It should be assumed the police will then take command of the site until otherwise directed

Action

The Department of Planning Industry and Environment Aboriginal Heritage Section must be notified immediately The project Aboriginal Cultural Heritage Advisor must contact and inform the relevant Aboriginal community stakeholders who may request to be present on site

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Figure 3 Overview of steps to be undertaken on the discovery of bones

After the appropriate verbal notifications (as described in 2B and 2C above) the Project Manager must proceed through the Unexpected Heritage Items Exhumation Procedure (Step 4) It is noted that no Exhumation Procedure is required for forensic cases (2A) as all future management is a police matter Non-human skeletal remains must be treated like any other unexpected archaeological find and so must proceed to record the find

3 Additional considerations and requirements

Uncovering archaeological human remains must be managed intensively and needs to consider a number of additional specific issues These issues might include facilitating culturally appropriate processes when dealing with Aboriginal remains (such as repatriation and cultural ceremonies) Project Managers may need to consider overnight site security of any exposed remains and may need to manage the onsite attendance of a number of different external stakeholders during assessment andor investigation of remains

Project Managers may also be advised to liaise with local churchreligious groups and the media to manage community issues arising from the find Additional investigations may be required to identify living descendants particularly if the remains are to be removed and relocated

If exhumation of the remains (from a formal burial or a vault) is required Project Managers should also be aware of additional approval requirements under the NSW Public Health Act 1991 Specifically Sydney Metro may be required to apply to the Director General of NSW

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Department of Health for approval to exhume human remains as per Clause 26 of the NSW Public Health (Disposal of Bodies) Regulation 2002 8

Further the exhumation of such remains needs to consider health risks such as infectious disease control exhumation procedures and reburial approval and registration Further guidance on this matter can be found at the NSW Department of Health website

In addition due to the potential significant statutory and common law controls and prohibitions associated with interfering with a public cemetery project teams are advised when works uncover human remains adjacent to cemeteries to confirm the cemeteryrsquos exact boundaries where possible

8 This requirement is in addition to heritage approvals under the Heritage Act 1977

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Appendix 5 - Archaeologicalheritage advice checklist

The archaeologistAboriginal heritage consultant must advise the Sydney Metro Environment Manager and Senior Heritage Advisor of an appropriate archaeological or heritage management plan as soon as possible after an inspection of the site has been completed An archaeological or heritage management plan can include a range of activities and processes which differ depending on the find and its significance

In discussions with the archaeologistAboriginal heritage consultant the following checklist can be used as a prompt to ensure all relevant heritage issues are considered when developing this plan This will allow the project team to receive clear and full advice to move forward quickly Archaeological andor heritage advice on how to proceed can be received in a letter or email outlining all relevant archaeological andor heritage issues

Required Outcomenotes

Assessment and investigation

Assessment of significance YesNo

Assessment of heritage impact YesNo

Archaeological excavation YesNo

Archival photographic recording YesNo

Heritage approvals and notifications

AHIP section 140 section 139 exceptions section 60 exemptions etc

YesNo

Regulator relicsobjects notification YesNo

Notification to Sydney Trains for s170 heritage conservation register

YesNo

Compliance with CEMP or other project heritage approvals

YesNo

Stakeholder consultation

Aboriginal stakeholder consultation YesNo

Artefactheritage item management

Retention or conservation strategy (eg items may be subject to long conservation and interpretation)

YesNo

Disposal strategy YesNo

Short term and permanent storage locations (interested third parties should be consulted on this issue)

YesNo

Control Agreement for Aboriginal objects YesNo

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Appendix 6 - Template notification letter

Insert on Sydney Metro letterhead

Select and type date] [Select and type reference number]

XXX

Heritage NSW Department of Planning Industry and

Environment

xxx

Parramatta NSW 2124

[Select and type salutation and name]

Re Unexpected heritage item discovered during Sydney Metro activities

I write to inform you of an unexpected [select relic heritage item or Aboriginal object] found during Sydney Metro investigative and construction works at [insert location] on [insert date] in accordance with the notification requirement under select section 146 of the Heritage Act 1977 (NSW) [Where the regulator has been informally notified at an earlier date by telephone this should be referred to here]

[Provide a brief overview of the project background and project area Provide a summary of the description and location of the item including a map and image where possible Also include how the project was assessed under the Environmental Planning and Assessment Act 1979 (NSW) (eg Part 5) Also include any project approval number if available]

Sydney Metro [or contractor] has sought professional archaeological advice regarding the item A preliminary assessment indicates [provide a summary description and likely significance of the item] Please find additional information on the site recording form attached

Based on the preliminary findings Sydney Metro [or contractor] is proposing [provide a summary of the proposed archaeologicalheritage approach (eg develop archaeological research design (where relevant) seek heritage approvals undertake archaeological investigation or conservationinterpretation strategy) Also include preliminary justification of such heritage impact with regard to project design constraints and delivery program]

The proposed approach will be further developed in consultation with a nominated Office of Environment and Heritage staff member

Should you have any feedback on the proposed approach or if you require any further information please do not hesitate to contact [Environment and Planning Project Manager] on (02) XXXX XXXX

Yours sincerely

[Sender name]

Sydney Metro Director Environment Sustainability amp Planning [Attach the archaeologicalheritage management plan and site recording form]

NB On finding Aboriginal human skeletal remains this letter must also be sent to the Commonwealth Minister for the Environment in accordance with notification requirements under section 20(1) of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Commonwealth)

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 56 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 5B ndash Sydney Metro Exhumation Management Procedure

Unclassified

Exhumation Management

Procedure

SM ES-PW-31510

Sydney Metro Integrated Management System (IMS)

Applicable to Sydney Metro

Document Owner Senior Heritage Advisor

System Owner Environment Sustainability and Planning

Status Final issued for Implementation

Version 40

Date of issue June 2020

Review date June 2021

copy Sydney Metro 2017

Unclassified

Integrated

Management

System

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Unclassified

Sydney Metro Exhumation Procedure v40 (final)

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Table of Contents

Contents 1 Introduction 3

2 Methodology 3 21 Overview of legislative requirements for dealing with human remains

4 22 Discovery of human remains and forensic cases NSW Coroners

Act 2009 (NSW) 4 23 Historic human remains Heritage Act 1977 and Guidelines for the

Management of Human Skeletal Remains under the Heritage Act 1977 5

24 Aboriginal human remains National Parks and Wildlife Act 1974 6 25 Exhumation of human remains Public Health Regulation 2012

(NSW) and the NSW Health Policy Statement ndash Exhumation of human remains (2013) 7

26 NSW Ministry of Health Policy Statement ndash Exhumation of human remains (2013) 7

27 Work Health and Safety Act 2011 7

3 Sydney Metro procedure for the discovery and management of human remains 8 31 Initial discovery of bones What do we do 8 32 Archaeological Exhumation Methodology 10

4 Excavation and post-excavation tasks 14 41 Research Questions 14 42 Process for DNA Testing Isotope Analysis and Environmental

Sampling 15 43 Reporting 16 44 Public Involvement 16 45 Temporary Storage and Permanent Repository or Resting Place for

Remains 17

5 Definitions 18

6 Related Documents and References 18

7 Superseded Documents 18

8 Document History 18

9 Schedule of Acronyms 18

Exhumation of Human Remains 20 EXHUMATION OF HUMAN REMAINS 1 MANDATORY REQUIREMENTS 1 IMPLEMENTATION 1 REVISION HISTORY 2 CONTENTS 4 APPENDIX 2 11 APPENDIX 3 12 APPENDIX 4 13 APPLICATION TO EXHUME REMAINS 16

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1 Introduction

This Exhumation Management Procedure (ExMP) has been developed to provide Sydney Metro and their contractors with guidance on managing the discovery of human skeletal remains during the course of the Sydney Metro program of works

Sydney Metro is Australiarsquos biggest public transport project From the northwest metro rail is being extended under Sydney Harbour through new underground city stations and beyond to the south west In 2024 Sydney will have 31 metro railway stations and a 66km standalone metro railway system revolutionising the way Australiarsquos biggest city travels (refer to Figure 1)

The purpose of this ExMP is to provide a clear and concise process to follow in the event of the discovery of potential human remains during Sydney Metro project works

This ExMP will be reviewed as required and prior to any future Sydney Metro project that has potential to impact on a known cemetery or burial ground A review may require amendment the ExMP to tailor additional controls or management procedures that are specific to the impacted cemetery or burial ground In addition the requirements of the relevant Planning Approval will be assessed during the review of this ExMP prior to its implementation

This procedure should be read in conjunction with the Sydney Metro Unexpected Finds Policy

2 Methodology

This ExMP outlines the procedure for the management of the discovery of human remains within the Sydney Metro program The ExMP addresses the following

Discussion of relevant legislation and guidelines (eg Coroners Act 2009 Heritage Act 1977 Guidelines for the Management of Human Skeletal Remains 1988 and the Public Health Regulations 2012)

Archaeological methodology for excavation of remains including processes for appropriately handling remains in accordance with the relevant guidelines

Preparation of a flow chart process to be used by contractors to respond to the discovery of suspected human remains

Post-exhumation management primarily around relocation processing and long- term arrangements

Process for nomination of a physical anthropologist and temporary storage location

Process for additional analysis including DNA testing isotope analysis and environmental sampling and discussion on requirements for public involvement

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Figure 1 2020 Sydney Metro Program Project overview and station locations

21 Overview of legislative requirements for dealing with human remains

The following section provides an overview of the legislation that would apply to the discovery management and relocation of human remains A discovery of suspected human remains may be subject to different Acts and requirements thereby triggering different notification pathways based on the specific circumstances involved

The first step will always be to notify the NSW Police Confirmation of the age (antiquity) and nature of the skeletal remains as well as the reasons for the disturbance will dictate which Act and provisions will be applicable

22 Discovery of human remains and forensic cases NSW Coroners Act 2009 (NSW)

For a discovery of suspected human remains less than 100 years old the remains would come under the jurisdiction of the State Coroner and the NSW Coroners Act 2009 Such a case would be considered a lsquoreportable deathrsquo and under legal notification obligations set out in s35 (2) a person must report the death to a police officer a coroner or an assistant coroner as soon as possible This applies to all human remains less than 100 years old regardless of ancestry (ie both Aboriginal and non-Aboriginal remains)

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35 Obligation to report death or suspected death

(1) This section applies to any person who has reasonable grounds to believe that a death or suspected death of another person

(a) is a reportable death or occurred in circumstances that would be examinable under Division 2 of Part 32 and

(b) has not been reported in accordance with subsection (2)

(2) A person to whom this section applies must report the death or suspected death concerned to a police officer a coroner or an assistant coroner as soon as possible after becoming aware of the grounds referred to in subsection (1)

Maximum penalty (subsection (2)) 10 penalty units

(3) A police officer to whom a death or suspected death is reported under this section is required to report the death or suspected death to a coroner or assistant coroner as soon as possible after the report is made

(4) An assistant coroner to whom a death or suspected death is reported under this section is required to report the death or suspected death to a coroner as soon as possible after the report is made

(5) A coroner to whom a death or suspected death is reported under this section is required to inform the State Coroner of the report as soon as practicable after the report is made

23 Historic human remains Heritage Act 1977 and Guidelines for the Management of Human Skeletal Remains under the Heritage Act 1977

The Heritage Act 1977 and Guidelines for the Management of Human Skeletal Remains under the Heritage Act 19771 (the Guidelines) apply to historic burials in New South Wales It should be noted that the Guidelines are outdated in terms of the current statutory framework

A relic is defined as an archaeological deposit or artefact that has heritage significance at a local or State level The guidelines Assessing Significance for Historical Archaeological Sites and `Relics2 have been endorsed by the Heritage Council and should be used to assess the level of heritage or archaeological significance of the remains With reference to burial grounds objects such as headstones grave enclosures and grave goods as well as buried human remains may be a lsquorelicrsquo

1 NSW Heritage Office 1998

2 Heritage Branch of the Department of Planning 2009

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Approval under the Heritage Act 1977 and the National Parks and Wildlife Act 1974 is not required if human remains are uncovered during a Critical State Significant Infrastructure (CSSI) project However notification to the Heritage Council under s146 of the Heritage Act and notification of an Aboriginal object under the National Parks and Wildlife Act is required if archaeological human remains are uncovered

24 Aboriginal human remains National Parks and Wildlife Act 1974

The National Parks and Wildlife Act provides statutory protection for all Aboriginal lsquoobjectsrsquo (consisting of any material evidence of the Aboriginal occupation of NSW) under Section 90 of the Act and for lsquoAboriginal Placesrsquo (areas of cultural significance to the Aboriginal community) under Section 84

Discovery of Aboriginal burials andor human remains would be addressed in the projectrsquos Aboriginal Cultural Heritage Assessment Report (ACHAR) ACHARs would be prepared in accordance with the Heritage NSW

lsquoGuidelines for Aboriginal Cultural Heritage Impact Assessment and Community Consultation3

Guide to investigating assessing and reporting on Aboriginal cultural heritage in NSW4

Aboriginal cultural heritage consultation requirements for proponents 20105

Code of Practice for Archaeological Investigation of Aboriginal Objects in New South Wales6

If suspected human skeletal remains are uncovered at any time during the archaeological management program the process outlined in this ExMP and detailed in the flow chart is to be followed Management of the remains would be guided by consultation with the nominated Registered Aboriginal Parties (RAPs) for the project in adherence to the ACHAR

3 NSW Department of Environment and Conservation 2005

4 OEH 2011

5 Department of Environment Climate Change and Water 2010

6 OEH 2010

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25 Exhumation of human remains Public Health Regulation 2012 (NSW) and the NSW Health Policy Statement ndash Exhumation of human remains (2013)

Public Health Regulation 2012 and the NSW Health Policy Statement ndash Exhumation of human remains of the Public Health Regulation 2012 provides specific regulation for the exhumation of bodies in NSW

Under Clause 70 of the Regulation an application for approval to exhume the remains of a dead person may be made to the Director-General via an approved form to the Director of the Local Public Health Unit that acts on behalf of the Director-General of NSW Health Exhumation is not to take place unless an authorised officer or a NSW Health member of staff is present at the exhumation (the grave may be excavated to the lid of the coffin but nothing must be disturbed until the arrival of the authorised officer) (Clause 72) An authorised officer must be present at the exhumation to ensure the correct interment procedure is followed and that all of the remains are exhumed and to enforce the protection of public health should this be necessary

26 NSW Ministry of Health Policy Statement ndash Exhumation of human remains (2013)

The NSW Ministry of Health Policy Statement on the exhumation of human remains provides the policy to be observed by Public Health Units located in Local Health Districts on receipt of an application to seek permission for approval of the exhumation of human remains under the Public Health Regulation 2012 Public Health Units (PHUs) of Local Health Districts (LHDs) in NSW facilitate the approval for an exhumation Under Clause 69 a person must not exhume a body unless the exhumation of the remains has been approved by the Director-General An application for permission to exhume the remains of a deceased person is to be made to the Public Health Unit on the approved form which is contained at the NSW Health website

The required form is appended to this ExMP for ease of reference

Note that the title of Director General of Health was replaced with the Secretary of Health when the Public Health Act and Public Health Regulation were amended However the Policy Directive PD2013-046 has not been amended to reflect this change

27 Work Health and Safety Act 2011

The Work Health and Safety Act 2011 provisions apply to protect personnel involved in the exhumation procedure by creating and maintaining safe and healthy work practices and are enforced by WorkCover NSW Graves crypts and vaults could be considered to be confined spaces in some circumstances under health and safety legislation More information on safe work practices is available at or by contacting SafeWork NSW via their website or directly

Health and safety aspects of working with human remains should be considered Generally working with archaeological human skeletal remains requires no extra precautions to be taken beyond normal health and safety regulations Once any necessary site health and safety precautions have been taken the exhumation of human remains can proceed

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Unclassified

Sydney Metro Exhumation Procedure v40 (final)

copy Sydney Metro 2017 Page 8 of 24

3 Sydney Metro procedure for the discovery and management of human remains

This procedure provides project managers principal contractors and the project archaeologistExcavation Director with advice on the steps to follow upon uncovering suspected human remains Information on the potential for burials and human remains would be included in the general project induction for all personnel The induction would include the procedure to manage these finds as set out in this ExMP

31 Initial discovery of bones What do we do

To avoid doubt all suspected bone items must be treated as potential human skeletal remains and work around them must stop while they are protected and investigated as a matter of urgency

Stop Work and preliminary notification

On discovery of bone (suspected human remains) all work in the area of the find must stop and the remains must be confirmed as being human or not

The Project ArchaeologistExcavation Director must be notified

Preliminary notification must be made to the NSW Police in compliance with Section 35 of the Coroners Act 2009

What When bones are uncovered at a site all work in the area the find must stop immediately and the

site must be secured

Who The discoverer will immediately notify machinery operators so that no further disturbance of the

remains will occur as well as notify the foremansite supervisor principal contractor project archaeologistExcavation Director and Sydney Metro Environmental Manager

Preliminary notification to the NSW Police will be undertaken by the Sydney Metro Environmental Manager Notification should provide verbal description of the remains and inform the police that consultation with technical specialists is being undertaken to confirm that the remains are human as well as the burial context (archaeological or less than 100 years old refer Step 2)

How Inform all site personnel of restricted access to the area of the discovery until further notice Area must be fenced off (flagging or temporary exclusion fencing)

Actions Notify site supervisor principal contractor project archaeologist Excavation Director and Sydney Metro Environmental Manger of the find and protect the suspected remains until an initial assessment can be undertaken by a technical specialist

Preliminary notification to NSW Police by Sydney Metro Environmental Manager

Confirm the remains are human

Skeletal remains could either be articulated and in a recognisable form of burial such as a coffin or common burial position of the body (eg supine prone or flexed) or they could be disarticulated or fragmented remains Within the boundaries of a known historic burial ground there is a high probability of the remains being human In a suspected forensic case (less than 100 years old) the remains may have clothing andor human tissue Disarticulated or fragmented bones are often uncovered and these may require specialist assessment to determine legal jurisdiction

If suspected human remains are identified during the course of project works preliminary notification must be made to the NSW Police in compliance with Section 35 of the Coroners Act 1999 (refer Step 1) NSW Police would be contacted immediately upon receipt of confirmation of human provenance

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Unclassified

Sydney Metro Exhumation Procedure v40 (final)

copy Sydney Metro 2017 Page 9 of 24

What Confirmation that the remains are human their burial context - whether they are forensic (less than 100 years) or archaeological (older than 100 years) and suspected ancestry (Aboriginal or non- Aboriginal)

Who Excavation Director and or Forensic or physical anthropologist or archaeologist with specialist skills such as an osteoarchaeologist

Notification to the NSW Police will be undertaken by the Sydney Metro Environmental Manager

How Consultation could be undertaken as either an on-site inspection or via good quality photos sent to the nominated technical specialist of 1) the remains and 2) the site general site location of the discovery

Actions Contact nominated technical specialists to confirm that the remains are a) human b) burial context (archaeological or forensic) and c) suspected ancestry (Aboriginal or non-Aboriginal)

For the duration of the Sydney Metro project the nominated technical specialists are

Forensic Anthropologist ndash TBC by contractor for project area

Nominated Excavation Director ndash TBC by contractor for project area

Sydney Metro Environmental Manager to conduct and or oversee liaison with NSW Police

The archaeologist may be able to identify the nature of remains without input from the Forensic Anthropologist The Forensic Anthropologist should be contacted as required

Notification based on jurisdiction (forensic or archaeological)

Once confirmation is received from the technical specialist that the remains are of human origin there are three possible statutory pathways to follow based on the assessment

What Forensic case remains are less than 100 years old

Who If it is determined by specialist assessment (Step 2) that the remains are forensic the remains come

under the jurisdiction of the State Coroner and the Coroners Act 2009

How The NSW Police would likely secure the site and will advise on the procedure to be followed

Actions Environmental Manager to liaise with NSW Police

What Archaeological ndash non-Aboriginal human remains -more than 100 years old

Who Follow the Archaeology Exhumation Methodology as set out in Step 4 below

How Follow the Archaeology Exhumation Methodology as set out in Step 4 below

Actions Follow the Archaeology Exhumation Methodology as set out in Step 4 below

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Unclassified

Sydney Metro Exhumation Procedure v40 (final)

copy Sydney Metro 2017 Page 10 of 24

What Archaeological ndash suspected Aboriginal human remains -more than 100 years old

Who Recording of Aboriginal ancestral remains must be undertaken by or conducted under the direct supervision of a specialist with RAPs present

How The RAPs must be present where it is reasonably suspected that Aboriginal burials or human remains have been encountered

Actions Notify RAPs and follow ACHAR Notification to Heritage NSW

Follow the Archaeology Exhumation Methodology as set out in Step 4

32 Archaeological Exhumation Methodology

The following section provides the archaeological methodology for exhumation and the appropriate handling of human remains

Securing the Site

The strategy for the excavation and removal of human remains must be sensitive to public opinion and ethical issues and exhumation activities should not be visible to the general public The site may need to be screened off from public areas not only with hoarding but also in some cases with a roof to screen the site off from overlooking buildings At all times human remains should be treated with respect and dignity The perimeter of the excavation site should be demarcated by plastic tape or flagging with only technical staff allowed within this area for the duration of exhumation activities

The site should be protected from the elements including flooding contamination with dust or debris and other disturbance These measures would be formulated by the Excavation Director in consultation with the contractor and Sydney Metro where required and may differ from site to site

Excavation Director

Archaeological investigations are to be managed by a suitably qualified Excavation Director with experience in the historical archaeology of Sydney and the excavation and management of human remains For sites with potential for locally significant remains the Excavation Director should meet the NSW Heritage Council criteria for locally significant archaeological sites For sites with potential for State significant archaeology the Excavation Director should meet the NSW Heritage Council criteria for State significant archaeological sites

Excavation and recording

Exhumation and recording is to be undertaken in accordance with best practice forensic and Heritage Council guidelines Prior to removal the remains should be fully recorded in situ to understand their surrounding archaeological context This will include recording any disturbances to the burial and the identification of bones present In some cases the deposit of bones may be a mixture of articulated and disarticulated remains Care should be taken to distinguish articulated remains and to assess if they represent commingled individuals or disturbed remains belonging to one individual and to record them accordingly

Recording

A standard context recording system would be employed

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Unclassified

Sydney Metro Exhumation Procedure v40 (final)

copy Sydney Metro 2017 Page 11 of 24

Detailed survey andor measured drawings would be prepared and include location of remains within the overall site (position of the body the direction of the burial noting any stratigraphic relationships with other archaeological features)

Any associated artefacts (potential grave goods burial furniture) would be recorded and collected by context for later analysis

Digital photography in RAW format using photographic scales and photo boards where appropriate A photographic record of all phases of the work on site would be undertaken

Registers of contexts photos samples and drawings would be kept

Excavation

Detection of the extent of the graveremains (if disarticulated)

Surface soils removed in excavation units of 100mm (site dependent) using small hand tools

Expose remains with soft paint brushes and pedestal the remains

Record position and depth of remains

Soil removed would be sieved through 3mm mesh to examine for teeth and bone fragments

Soil samples may be taken from the abdominal andor chest areas of the body (articulated remains) to retrieve further evidence

Exhumation must be under the control of the Excavation Director with the assistance of a Forensic Anthropologist if required Exhumation permits provided by NSW Ministry of Health may also require the presence of an authorised officer or a member of staff of the Ministry of Health

Further excavation of the bottom of the pit (grave) following removal to confirm the absence of further remains

Relocation of bones

Removal and collection of skeletal remains to follow standard forensic practice of labelling

Remove remains from the ground systematically and place in plastic bags according to anatomical areas of the body

Bags should not be air-tight and should have ventilation holes to prevent deterioration of fragile skeletal material Each bag should contain labels and the separate bags should then be placed in a large plastic bag crate or box labelled with the context information

The remains should be placed in a sturdy large cardboard box (approximately 600 x 300 x 200 mm) for relocation to off-site processing location

Resume work

Construction work may only recommence upon receipt of clearance certificate from the Excavation Director and may require additional NSW Ministry of Health approval If a forensic case written authorisation from the NSW Police is required

Reporting

A report would be prepared following the completion of the program of exhumation works separate to the archaeological excavation report for the project This report would include skeletal analysis catalogue comprehensively describe the process of exhumation detail

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Unclassified

Sydney Metro Exhumation Procedure v40 (final)

copy Sydney Metro 2017 Page 12 of 24

the recording of the remains and synthesise the results of any further laboratory testing An assessment of significance for the remains would be provided and interpreted within the context of the archaeological research design (response to research questions)

Unclassified

Sydney Metro Exhumation Procedure v4 (Final)

Unclassified

Figure 2 Exhumation Procedure Flow chart

Page 13 of 24

Discovery of bone

Non-human remains

Archaeologist to investigate and work not

to recommence until instrcuted by ED

Work only to recommence when clearance given by Excavation Director

Human Remains

Forensic

Sydney Metro Environmental

Manager to advise NSW POlice

Archaoelogical work not to recommence until clearance given

by NSW Police or Coroner

Aboriginal

Sydney Metro Environmental Manager to advise NSW Policye notify RAPs and follow

ACHAR

Archaoelogical work not to

recommence until clearance firven by

NSW Police or Coroner

Non Aboriginal

Sydney Metro Environmental Manager to notifiy NSW Policce Heritage NSW and DPIE

Sydney Metrocontractor to apply to Secretary of

Health to exhume

Exhumation of human remains by nominated ED Construction work not to commence until

ED issues Clearance Certificate

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

4 Excavation and post-excavation tasks

The following tasks relate to responses to the identification of human remains on site All management should be in accordance with the AARD and relevant Archaeological Method Statement (AMS) and be overseen by the Excavation Director The Excavation Director would nominate a Forensic Anthropologist where required

41 Research Questions

The following research questions should be used guide exhumations should intact burials disarticulated remain burial cuttings or associated material culture be uncovered during works

The research questions are a guide only and could be added to or amended by the Excavation Director depending on the nature of the find

Social History and Burial Practices

Does the location of the burialburial cutting correspond with historic plansdescriptions Are these sources reliable

Is there evidence of exhumation

Do graves cut into older ones What can this tell us about nineteenth century burial practices and how does this compare to other excavated cemetery sites in the region

What is the distance between burials (if multiple burials uncovered) Does this conform to known nineteenth century burial practices

What type of fill was used within grave cuttings What can this tell us about the surrounding environment and burial practices at the time

What materialstree species were used to produce coffins Can coffin manufacturing techniques or fastening methods (use of mortar screws nails tacks) be identified Does this match known burial practices of the time If alternative methods are identified what can this tell us about the manufacturer or economicsocial landscape

Can the class or rank of the individual be identified via coffin materials grave goods or clothingshrouds

Which direction is the burial orientated How does this correspond with the knownhypothesised location of denomination areas

If the burial is associated with additional individuals can a familial relationship be assessed through DNA or other genetic markers identifiable within the skeletal remains (eg impacted third molar)

Can an exchange between burial practices in Britain and colonial Sydney be identified through the burial remains Is there evidence for alternative burial practices associated with additional cultures

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Environmental Factors and Scientific Analysis

What is the condition of the bones How does their condition compare to known or nearby burials of the same age What environmental or human factors may have influenced the decomposition process

Can the health nutrition sex race stature or age be identified through the skeletal remains Is there evidence of trauma on the bones Is there evidence of pathology on the bones (eg syphilis tuberculosis tumours)

If archaeobotanical analysis is carried out what can it tell us about the surrounding environment and nearby plant species Can prepost-European landscapes be determined within the archaeobotanical record

Can stable isotope analysis address any questions regarding diet country of origin and nutrition

Can DNA testing address any questions not answerable by the skeletal remains themselves such as sex familial relationships (if buried with another individuals) or race

Is there potential for DNA to be tested against any individuals who may come forward as a descendant of the deceased

42 Process for DNA Testing Isotope Analysis and Environmental Sampling

Pre-Excavation

The Excavation Director in consultation with the Forensic Anthropologist will nominate a suitable laboratory prior to works commencing Approval for the analysis of skeletal remains soil samples and material samples from the laboratory would also be sought prior to works commencing

Excavation

In order to prevent cross-contamination the following sample collection and excavation process should be followed

The location quantity and material (bone teeth hair soil wood) of samples will be determined by the Excavation Director or Forensic Anthropologist prior to its collection

Samples would be stored in a safe secure and climate controlled location while excavations are in progress This would be chosen by the Excavation Director or Forensic Anthropologist on site

Each collected sample would be given a unique catalogue number and a sample register would be recorded throughout the excavation

ldquoClean Excavationrsquo procedures would be followed during the excavation of burials and during the sample collection process7 This would include

7 Guidelines for lsquoclean excavationrsquo are based on procedures outlined in Yang D Y amp Watt K 2005

Contamination controls when preparing archaeological remains for ancient DNA analysis Journal of Archaeological Science vol 32 pp 331ndash336 and Society for Historical Archaeology 2015-2017 Research and Analysis of Artefacts Accessed online at httpsshaorgconservation- factsfaqanalysisC on 2552017

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Latex gloves would be worn by individuals excavating andor handling bone or soil samples Gloves would be changed for each bone andor individual to prevent cross-contamination

Excavation toolsbrushes would be cleaned prior to and after the collection of each sample to prevent cross-contamination

In some cases a face mask would be worn when samples for DNA analysis are being collected

Bone samples for DNA testing would be collected with surrounding in situ soil and should not be cleaned prior to bagging

It may be necessary for individuals involved in sample collection to submit DNA for comparison in the event of cross-contamination and

All bags containing samples for analysis would be bagged and labelled appropriately to prevent cross contamination and ensure they are handled and stored correctly

Post-Excavation

On completion of excavations samples will be transported to nominated laboratories for analysis A record of their location will be kept

43 Reporting

The results of the investigation of human remains and the exhumation will be included in the archaeological reporting for the project in accordance with the project AARD

Once finalised all archaeological excavation and data analysis reports will be submitted to

The relevant local Council and Library

The Heritage Office Library

The State Library of NSW and

Made available online for public access and educational purposes

Further if significant remains are identified during excavations the results and findings would be published in academic journals and conference papers where feasible

44 Public Involvement

Archaeological excavations may uncover remains directly associated with early settlement and burial practices Such remains are likely to generate public interest

Public involvement may include

Media releases

Public Open Days

Preparation of brochures detailing the archaeological excavations

Interpretive signage and online blog posts or site diaries while excavations are taking place and

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

The preparation of a Heritage Interpretation Plan designed to provide interpretation of the site within the new development upon the completion of works

Due to sensitive nature of human skeletal remains these recommendations would be adapted and modified as appropriate under the direction of Sydney Metro and the Excavation Director

Such recommendations would also be considered and require approval from relevant Stakeholder Groups such as known or potential descendants of the deceased NSW Heritage Heritage Council local Council and interest groups

45 Temporary Storage and Permanent Repository or Resting Place for Remains

Temporary Storage

Upon the completion of archaeological excavations skeletal remains should be boxed separately and temporarily stored within a safe secure and temperature controlled environment to allow for further analysis of the remains This location would be chosen by the Excavation Director and the Forensic Anthropologist and comply with NSW legislative requirements

Permanent Repository or Resting Place for Remains

A permanent repository or resting place for remains is dependent on the nature and volume of skeletal remains As this cannot be determined prior to excavations taking place the following recommendations should act as guidelines only Final arrangements would be dictated by Sydney Metro the Excavation Director Forensic Anthropologist identified descendants of the deceased andor Stakeholder Groups upon the completion of excavations and subsequent analysis

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

5 Definitions

All terminology in this Procedure is taken to mean the generally accepted or dictionary definition Other terms and jargon specific to this Procedure are defined inhttpsicentraltdocstransportnswgovauotcscsexeappnodes3574566

6 Related Documents and References

Related Documents and References

na

7 Superseded Documents

Superseded Documents

Exhumation Management Plan Version 22

Exhumation Management Plan Version 30

8 Document History

Version Date of approval Notes

11 May 2017 New IMS document

20 July 2017 Incorporates Stage 2 (Section 3)

21

February 2019

Extended for Metro Program wide application includes changes specific Central Station management incorporates comments received from the State Coronerrsquos Office NSW Police NSW Health Sydney Metro Environmental Environmental Representatives engaged on the Central site and the Office of Environment and Heritage

22 February 2019 Incorporates comments received from Artefact Heritage and Denise Donlan issued to Health and OEH HD for consultation

30 May 2019 Incorporates Health Coroner and OEH comments

40 April 2020 Updates to remove specific references to City and South West and Central Station

Change of title to ldquoProcedurerdquo

Update to references

9 Schedule of Acronyms

Acronym Meaning

AARD Archaeological Assessment and Research Design

ACHAR Aboriginal Cultural Heritage Assessment Report

AMS Archaeological Method Statement

CSSI Critical State Significant Infrastructure

ER Environmental Representative (Independent)

ExMP Exhumation Management Plan (this plan)

OEH Office of Environment and Heritage

PHU Public Health Unit

RAPs Registered Aboriginal Parties

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

Appendix 1

NSW Heath Policy Directive for Exhumation of Human Remains

Policy Directive

Ministry of Health NSW 73 Miller Street North Sydney NSW 2060

Locked Mail Bag 961 North Sydney NSW 2059 Telephone (02) 9391 9000 Fax (02) 9391 9101

httpwwwhealthnswgovaupolicies

Exhumation of Human Remains

Document Number PD2013_046

Publication date 05-Dec-2013

Functional Sub group Population Health - Environmental

Summary This document provides the policy to be observed by NSW Health in receipt of an application to seek permission for approval of the exhumation of human remains under clauses 69-72 of the Public Health Regulation 2012 This Policy Directive will provide the conditions on which approvals may be granted for exhumation of human remains

Replaces Doc No Burials - Exhumation of Human Remains [PD2008_022]

Author Branch Environmental Health

Branch contact Environmental Health 94245823

Applies to Local Health Districts Environmental Health Officers of Local Councils Ministry of Health Public Health Units Public Hospitals

Audience Authorised officers from Public Health Units and local councils

Distributed to Public Health System Environmental Health Officers of Local Councils NSW Ambulance Service Ministry of Health Public Health Units Public Hospitals

Review date 05-Dec-2018

Policy Manual Patient Matters

File No 081292

Status Active

Director-General

This Policy Directive may be varied withdrawn or replaced at any time Compliance with this directive is mandatory for NSW Health and is a condition of subsidy for public health organisations

POLICY STATEMENT

Issue date December-2013 PD2013_046 Page 1 of 2

EXHUMATION OF HUMAN REMAINS

PURPOSE

This document provides the policy to be observed by Public Health Units located in Local Health Districts on receipt of an application to seek permission for approval of the exhumation of human remains under the Public Health Regulation 2012 Common reasons for exhuming bodies include to repatriate the remains overseas or to relocate the body to another cemetery plot or vault

MANDATORY REQUIREMENTS

Under Clause 69 of the Public Health Regulation 2012 a person must not exhume a body unless the exhumation of the remains has been approved by the Director-General

An application for approval to exhume the remains of the body of a dead person may be made to the Director General by

An executor of the estate of the dead person

The nearest surviving relative of the dead person

If there is no such executor or relative available to make the application a person who in the opinion of the Director-General is a proper person may make the application

An application is to be made in the approved form and it is to be accompanied by

A certified copy of the death certificate relating to the dead person

A statutory declaration as to the relationship of the applicant to the dead person and the dead persons wishes if any regarding the disposal of his or her body

An application fee

Under Clause 71 of the Public Health Regulation 2012 the Director-General may

Grant an approval to exhume the remains of a body

Refuse the application

Under Clause 72 an exhumation cannot take place without an authorised officer or a Ministry of Health staff member present A person must not proceed with an exhumation if the authorised officer or Ministry of Health staff member who is present at the exhumation orders the exhumation to stop

Under Clause 78 if the applicant seeks to have the exhumed body cremated a separate application can be made for an exemption from providing the required cremation documentation provided the body has been buried for longer than 10 years The minimum 10 year period is strictly enforced An application under this clause is to be accompanied by a fee of $100

IMPLEMENTATION

Authorised officers in Public Health Units of Local Health Districts are responsible for assessing applications for exhumation of human remains and either approving with a set of conditions or rejecting the application Authorised officers should ensure that all of the required document has been submitted with the application fee and that an appropriate person has applied for the application The approval granted is valid for a period of three months after the approval is granted

POLICY STATEMENT

Issue date December-2013 PD2013_046 Page 2 of 2

REVISION HISTORY

Version Approved by Amendment notes

December 2013 PD2013_046

Deputy Director- General Population and Public Health

This document is an updating of the original document due to legal changes under the Public Health Regulation 2012

23 April 2008 PD2008_022

Director-General This document provided the policy to be observed by NSW Health in receipt of an application to seek permission for approval of exhumation of human remains under clauses 25 ndash 28 of the Public Health (Disposal of Bodies) Regulation 2002 It provided the conditions upon which approvals could be granted for the exhumation of human remains

ATTACHMENTS

1 Exhumation of Human Remains Procedures

Exhumation of Human Remains PROCEDURES

Issue date December-2013

PD2013_046

Exhumation of Human Remains

Issue date December-2013 PD2013_046 Contents Page

PROCEDURES

CONTENTS

1 BACKGROUND 2

11 Introduction 2

12 Key definitions 2

13 Legal and legislative framework 3

2 APPLICATION REQUIREMENTS 6

3 APPROVAL BY PUBLIC HEALTH UNITS 7

31 Delegation 7

32 Special Considerations on Exhumation Approval 7

33 Conditions of Approval 8

34 Approval Instrument 8

35 Notification of Approval 8

36 Refusals 8

37 Cremation of Remains 8

APPENDIX 1 10

APPENDIX 2 11

APPENDIX 3 12

APPENDIX 4 13

APPENDIX 5 14

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 2 of 14

1 BACKGROUND

11 Introduction

Exhumation of human remains may occur for a number of reasons including

To satisfy family wishes where the family of the deceased person may want the remains to be moved to another burial ground to another part of the state or country or abroad or even to have the remains cremated

To obey Coronial orders requiring exhumation for forensic (criminal) investigation

To enable the use of closed cemeteries for redevelopment or for the construction of new infrastructure such as a road or airport

A variety of people including authorised officers cemetery authorities and funeral directors are involved at different stages of exhumation procedures

Public Health Units (PHUs) of Local Health Districts (LHDs) in NSW facilitate the approval for an exhumation however there is no obligation to proceed with an exhumation once it has been approved

The objectives of this document are

To assist authorised officers with processing applications to exhume

To standardise the management of an exhumation so as to prevent a public health risk and protect community amenity in the handling of remains

12 Key definitions

These definitions are repeated from the Public Health Act 2010 and Public Health Regulation 2012 for clarity

Body Means the body of a dead person but does not include

the cremated remains of the person

Burial Includes putting the body in a vault

Cemetery Authority Means the person or body that directs the operations of a cemetery

Coroner Means a person who exercises or performs the functions of a coroner in accordance with the Coroners Act 2009

Dead person Includes a still-born child (see definition of Still birth)

Exhumation Means the removal of a dead personrsquos remains (not being cremated remains) from a grave or vault but does not include their removal from one vault for immediate transfer to another vault in the same cemetery or their temporary removal for the purposes of reburial in the same grave or vault

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 3 of 14

Funeral director Means a person (other than the operator of a mortuary transport service) who in the conduct of the personrsquos business engages for the purpose of burial cremation or transport in the collection transport storage preparation or embalming of bodies or engages in the conduct of exhumations

Prescribed infectious diseases

Means any one of the following diseases avian influenza in humans diphtheria plague respiratory anthrax smallpox severe acute respiratory syndrome tuberculosis and any viral haemorrhagic fever (including Lassa Marburg Ebola and Congo-Crimean fevers)

Proper person The Director General has the power to decide whether a person is a lsquoproper personrsquo to make an application to exhume the remains of a dead person

Nearest surviving relative

Means (a) In relation to a still-born child a parent or sibling at or above the age of 16 years of the child (b) In relation to a dead person who is not a still-born child ndash the spouse or de facto partner of the dead person immediately before death a parent of the dead person a child at or above the age of 16 years of the dead person or any relative of the dead person who was residing with the dead person when he or she died

Still-birth Consistent with the Births Deaths amp Marriages Act 1995 means the birth of a child that exhibits no sign of respiration or heartbeat or other sign of life after birth and that (a) Is of at least 20 weeksrsquo gestation (b) If it cannot be reliably established whether the period of gestation is more or less than 20 weeks has a body mass of at least 400 grams at birth

13 Legal and legislative framework

Public Health Regulation 2012

Division 4 of Part 8 of the Public Health Regulation 2012 provides specific regulation for the exhumation of bodies

Clause 69 Exhumation without approval prohibited

(1) A person must not exhume the remains of a body unless the exhumation of those remains has been

(a) Ordered by a coroner

(b) Approved by the Director-General

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 4 of 14

(2) However a funeral director may without a coronerrsquos order or Director-Generalrsquos approval transfer a coffin from a vault in a cemetery to a mortuary for the purpose of the coffin being immediately repaired and returned to the vault

(3) A funeral director must return the coffin to the cemetery within 24 hours of its transfer

Clause 70 Application to exhume remains

(1) An application for approval to exhume the remains of the body of a dead person may be made to the Director-General by

(a) An executor of the estate of the dead person

(b) The nearest surviving relative of the dead person

(c) If there is no such executor or relative available to make the application a person who in the opinion of the Director-General is a proper person in all the circumstances may make the application

(2) An application is to be made in the approved form and is to be accompanied by

(a) A certified copy of the death certificate relating to the dead person

(b) A statutory declaration as to the relationship of the applicant to the dead person and the dead personrsquos wishes if any regarding the disposal of his or her body (so far as any such wishes are known to the applicant)

(c) An application fee (please check with the PHU for the current fee)

(3) In this clause death certificate means a certificate given by a medical practitioner as to the cause of death or issued under the Births Deaths and Marriages Registration Act 1995

All applications to exhume remains must be made in writing using an approved form to the Director of the local Public Health Unit that acts on behalf of the Director-General of the NSW Ministry of Health The application fee may increase periodically in line with the Consumer Price Index

Clause 71 Approval to exhume remains

(1) The Director-General may

(a) Grant an approval to exhume the remains of a body subject to any conditions specified in the approval

(b) Refuse the application

(2) An approval granted under this clause remains valid for three months from the date of the approval or for a period agreed to by the Director-General

The PHU is not bound to approve the application The PHU may approve subject to conditions or refuse the application An approval is normally given for 3 calendar months and this date will be specified in a schedule of conditions attached to the approval document Any further extension of time may require re-application and re-approval An approval initially for longer than three calendar months should be negotiated with the PHU

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 5 of 14

Clause 72 Exhumation not to take place without authorised officer present

(1) A person must not proceed with an exhumation unless an authorised officer or a member of staff of the Ministry of Health is present at the exhumation

(2) A person must not proceed with an exhumation if the authorised officer or Ministry staff member who is present at the exhumation orders the exhumation to stop

The grave may be excavated to the lid of the coffin but nothing must be disturbed until the arrival of the authorised officer An authorised officer must be present at the exhumation to ensure that the correct interment is opened to ensure that all of the remains are exhumed and to enforce the protection of public health should this be necessary The authorised officer has the power to order that the exhumation be stopped immediately under adverse circumstances An example of where this may occur is where the weather is very poor with heavy rain The initial order to stop is to be given verbally and then confirmed in writing to all parties involved within 24 hours

Division 5 of Part 8 of the Public Health Regulation 2012 provides for cremation of deceased persons

Clause 78 No cremation without documentation

Clause 78 does not apply to a cremation of the body of a dead person that has been buried for at least 10 years if the cremation is carried out in accordance with an exemption granted by the Director-General following an application by

1) An executor of the estate of the dead person

2) The nearest surviving relative of the dead person

3) If there is no such executor or relative available to make the application a person who in the opinion of the Director-General is a proper person in all the circumstances to make the application

This is a new addition to the Exhumation section of the Regulation that may be used where a person makes a separate application to have the exhumed body cremated following the exhumation

Note The Director-Generalrsquos authority under Clause 78 (4) of the Public Health Regulation 2012 (Delegations Manual page 866 delegation (PH590)) is the power to decide whether a person is a ldquoproper personrdquo to make an application in the absence of an executor or surviving relative

Work Health and Safety Act 2011

The Work Health and Safety Act 2011 and Code of Practice for Excavation provisions apply to protect personnel involved in the exhumation procedure by creating and maintaining safe and healthy work practices Graves crypts and vaults could be considered to be confined spaces in some circumstances under health and safety legislation The Work Health and Safety Act 2011 makes reference to working in confined spaces

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 6 of 14

WHampS matters are enforced by WorkCover NSW More information on safe work practices is available at httpwwwworkcovernswgovaudefault or by contacting Workcover NSW direct on 13 10 50

Heritage Act 1977

The Heritage Act 1977 and Guidelines for the Management of Human Skeletal Remains under the Heritage Act 1977 applies to relic burials Any burial site over 50 years old is considered to be relic under the Heritage Act If the site is listed on the State Heritage Register then approval is required from the Heritage Council of NSW

An application must be made to the Heritage Office before any disturbance removal or work commences on the site Approval for an exhumation under the Public Health Regulation 2012 does not obviate the necessity to obtain approval under the Heritage Act 1977 For further information contact the Heritage Office of NSW or visit httpwwwheritagenswgovau

Coronerrsquos Act 2009

A coroner may order an exhumation for the purposes of forensic investigation or a criminal investigation Such an order is outside the ambit of the Public Health Regulation 2012 The Police may request that an authorised officer from the Ministry of Health or the local Public Health Unit be present at the coronial exhumation

Births Deaths and Marriages Registration Act 1995

Section 41(2) of the Births Deaths and Marriages Registration Act 1995 requires that if human remains (other than cremated remains) are removed from NSW the funeral director or other person who arranges for the removal of the remains from NSW must within 28 days of disposal of the remains outside NSW give the Registrar notice of the new location of interment The act is available at httpwwwaustliieduauaulegisnswconsol_actbdamra1995383 The Registry of Births Deaths and Marriages may be contacted via httpwwwbdmnswgovau

2 APPLICATION REQUIREMENTS

An application for permission to exhume the remains of a deceased person is to be made to the PHU on the approved form which is contained at the NSW Ministry of Health website at httpwwwhealthnswgovauenvironmentdotdDocumentsform-c70- application-to-exhumepdf

The application must be made by either

An executor of the estate of the deceased

The nearest surviving relative

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 7 of 14

If there is no such executor or relative available to make the application a person who in the opinion of the Director-General is a proper person in all the circumstances to make the application

The application must be accompanied by

A certified copy of the death certificate (death certificate issued by the Registry of Births Deaths and Marriages)

A statutory declaration that states

The relationship between the applicant and the deceased or the reason the applicant is the proper person to make the application

If the deceased left any instructions regarding the disposal of their bodyremains if known

In addition to the above an applicant should declare that he or she has consulted each nearest surviving relative and that they have no objection to the proposed exhumation

An application fee (please check with the PHU for the current fee)

Note If there is no agreement amongst nearest surviving relatives the applicant should seek independent legal advice regarding this issue The applicant should advise if there is an intention to cremate the body following the body being exhumed and the appropriate form completed

3 APPROVAL BY PUBLIC HEALTH UNITS

Approval by PHUs for an exhumation must be given by formal correspondence

31 Delegation

The Director-Generalrsquos authority under clauses 69(1) 70(1)(c) and 71 of the Public Health Regulation 2012 has been delegated to the Chief Health Officer Director Health Protection Public Health Officer or Public Health Unit Director as appointed under Section 121 of the Act (delegation PH308 PH309)

32 Special Considerations on Exhumation Approval

Special consideration should be given to the approval of an exhumation if the deceased was infected with a prescribed infectious disease For example if the deceased was infected with diphtheria or tuberculosis exhumation should not permitted in the first year of interment

Although not prohibited an exhumation of the remains of a body that was buried without a coffin will be approved only where the cemetery authority and funeral director have agreed to proceed with the exhumation especially during the first three years of interment

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 8 of 14

33 Conditions of Approval

After due consideration of the application and the statutory declaration(s) the PHU should then consider applying appropriate conditions to facilitate an approval

There are two standard sets of approval conditions which can be applied as appropriate

Appendix 2 ndash Schedule A - Conditions of Approval for Exhumation from a Grave

Appendix 3 ndash Schedule B - Conditions of Approval for Exhumation from an Above Ground Structure

Any other additional conditions that are deemed necessary to permit the exhumation may be added to schedule A or B based on the individual circumstances of the exhumation If some conditions are unwarranted they may be removed from the relevant schedule

34 Approval Instrument

An approval must be in writing and must be signed the Director General or their delegate A template to assist in the approval process can be found at Appendix 4 This template is to be completed by the Authorised Officer in order to facilitate approval by the delegate

35 Notification of Approval

The approval instrument is retained on file as a record that approval was granted by the Director General or their delegate Therefore it is necessary to advise the applicant the cemetery authority and the funeral director of the approval

The attached letter templates may be used for approval notification of the exhumation to the applicant funeral director and Cemetery Authority

Appendix 5 ndash Sample Letter to Applicant

Appendix 6 ndash Sample Letter to the Cemetery Authority and Funeral Director

36 Refusals

If after due consideration the application is to be refused then the applicant should be notified in writing specifying the reasons for refusal Ideally the applicant should consult the PHU in the first instance to discuss the requirements and possible restrictions on an application to exhume

37 Cremation of Remains

Division 5 of Part 8 of the Public Health Regulation 2012 sets out the requirements for documentation for cremations in NSW and includes the requirement for a cremation application form a cremation certificate and the cremation permit The documentation confirms the identity of the body to be cremated and the cause of death and ensures that a coronerrsquos investigation has been conducted where necessary

After the body is exhumed the next of kin may wish to have the body cremated However there may be cases whereby the body does not have the required paperwork necessary for cremation Clause 78 of the Public Health Regulation 2012 provides an exemption for

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 9 of 14

the required documentation for cremation where the body has been buried for longer than 10 years An application under this clause is to be accompanied by a fee

The Director General has the power to approve an exemption and the executor or the nearest surviving relative or another proper person may make application on form lsquoApplication for Exemption by the Director ndash General to the Requirement for Documentation for Cremation to Proceed Permission for Cremation of Exhumed Remains of a Body Buried more than 10 years ago with statutory declarationrsquo The minimum 10 year period will be strictly enforced and this matter should be clarified prior to any exhumation approval where it is planned for the remains to be subsequently cremated The application form is available at httpwwwhealthnswgovauenvironmentdotdDocumentsform-c78-application-for- exemptionpdf

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 10 of 14

APPENDIX 1

Schedule A

CONDITIONS OF APPROVAL FOR EXHUMATION FROM GRAVE

1 The exhumation is to be carried out in the presence of a Public Health Unitrsquos authorised

officer or other authorised officer of the NSW Ministry of Health or Local Council authorised Officer and person appointed by Cemetery Authority

2 At least 48 hoursrsquo notice of the exhumation arrangements shall be given to the Public Health Unit

3 Day and time of the exhumation shall be arranged by the participating parties and agreed

to by the Public Health Unit

4 The approval granted is valid for a period of three months and shall lapse on unless a further approval is granted

5 The presence of any relative of the deceased at the exhumation is strictly prohibited

6 No animals are to be permitted within the exhumation site

7 The cemetery authority and funeral director shall be responsible for the work health and safety of all persons involved in the exhumation and shall ensure that all NSW WorkCover requirements are complied with

8 If during the course of the exhumation it is determined necessary to stop the exhumation

by either the exhumation supervisor cemetery manager or authorised Officer for any valid reason eg work health and or public health risk then the exhumation must cease

9 The remains of the deceased shall be enclosed in a body bag and placed into a new coffin

with a name plate attached inscribed with the name of the deceased

10 The remains of the original coffin are to be placed in the new coffin where possible Where there is an excess of remains of the original coffin these remains should be disposed in a sanitary and agreed manner

11 Excavated soil should be back filled The soil that was removed from immediately above

and around the coffin should be replaced first

12 If the exhumed remains are to be transferred to another cemetery a funeral director shall be contracted to transfer the remains from the cemetery grounds or carry out preparatory work for the safe reinterment of the remains

13 The exhumation will not proceed during or following a period of heavy rainfall within the preceding 24 hours of the appointed time of exhumation The cemetery manager is to confirm that satisfactory conditions exist for the exhumation to proceed two hours prior to the commencement of the exhumation

14 Used disposable protective equipment and materials are to be placed in a sealed plastic

bag and disposed of in a sanitary manner

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 11 of 14

APPENDIX 2

Schedule B

CONDITIONS OF APPROVAL FOR EXHUMATION FROM ABOVE GROUND STRUCTURE

1 The exhumation is to be carried out in presence of a Public Health Unit authorised officer or other authorised officer of the NSW Ministry of Health or Local Council authorised Officer and person appointed by Cemetery Authority

2 At least 48 hoursrsquo notice of the exhumation arrangements shall be given to the Public Health Unit

3 Date and time of the exhumation shall be arranged by the participating parties and agreed to

by the Public Health Unit

4 An approval granted is valid for a period of three months and shall lapse on unless a further approval is granted

5 The cemetery authority and funeral director shall be responsible for the work health and safety of all persons involved in the exhumation and shall ensure that all NSW WorkCover requirements are complied with

6 If during the course of the exhumation it is determined necessary to stop the exhumation by

either the exhumation supervisor Cemetery Manager or authorised officer if for any valid reason eg worker health andor public health risks then the exhumation must cease

7 Used disposable protective equipment and materials are to be placed in a sealed plastic bag

and disposed in a sanitary manner

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 12 of 14

APPENDIX 3

LETTERHEAD

APPROVAL INSTRUMENT TEMPLATE

Public Health Unit Environmental Health Section

File Number [XXXXX]

PURPOSE To approve of the exhumation of the late

RECOMMENDATION

Approval is granted by the Director General pursuant to clause 71(1)(a) Public Health Regulation

2012 to [NAME OF APPLICANT] to exhume the remains of the late [NAME OF DECEASED]

KEY ISSUES

[DETAILS OF THE APPLICATION STATUTORY DECLARATION RELEVANT ISSUES

MANAGEMENT PLAN AND JUSTIFICATION OF SUGGESTED CONDITIONS ARE TO BE

INCLUDED HERE]

BACKGROUND (TO BE COMPLETED BY PHU)

CONSULTATION (TO BE COMPLETED BY PHU WHERE APPROPRIATE)

The approval be subject to compliance with the conditions specified in Schedule A Schedule B

and to expire on

Signature Authorised officer

Author Telephone Date

1 Authorised officer

2 Public Health Unit Director Public Health Officer [SIGN AND DATE]

Approved via delegation from the Director-General PH308 PH309 page 863 Public

Health Delegations Manual under clause 69(1) and 70(1) (C) Public Health Regulation

2012

3 Authorised officer

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 13 of 14

APPENDIX 4

LETTERHEAD

SAMPLE LETTER TO APPLICANT

[APPLICANTrsquoS NAME] [ADDRESS]

Dear [APPLICANTrsquoS NAME]

Reference is made to your application of [DATE] requesting approval to exhume the remains of

late [NAME OF DECEASED] from grave vault crypt No Section [NAME OF

PLACE OF INTERMENT OR CEMETERY] for the purpose of re-interment to [NAME OF PLACE

FOR RE-INTERMENT]

Approval has been granted by the Director-General pursuant to clause 71 (1) (a) Public Health

Regulation 2012 subject to compliance with the conditions specified in Schedule A Schedule B

attached

The funeral director and cemetery authority have been advised of the approval

Should you have any inquiries please contact the authorised officer [EHO] on [TELEPHONE] or (EMAIL ADDRESS)

Yours sincerely

[NAME] Public Health Unit DirectorPublic Health Officer

EXHUMATION OF HUMAN REMAINS

PROCEDURES

PD2013_046 Issue date December-2013 14 of 14

APPENDIX 5

LETTERHEAD

SAMPLE LETTER TO CEMETERY AUTHORITY AND FUNERAL DIRECTORS

[NAME] [ADDRESS]

[DATE]

Dear [NAME]

EXHUMATION OF THE REMAINS OF THE LATE [NAME OF DECEASED]

Approval has been granted for the exhumation of the late [NAME OF DECEASED] from grave

vault crypt No Section [NAME OF PLACE OF INTERMENT OR

CEMETERY] in accordance with clause 71(1) (a) of the Public Health Regulation 2012 and

subject to compliance with the conditions specified in Schedule A Schedule B attached

A copy of the approval letter is attached for your information

Should you have any inquiries please contact [Authorised Officer) on [TELEPHONE] or email address

Yours sincerely

[NAME] Public Health Unit DirectorPublic Health Officer

Unclassified

Sydney Metro Exhumation Procedure v40 (final)

Unclassified

Addendum 2

NSW Heath Permit Application form

copy Sydney Metro 2017 Page 23 of 24

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

APPLICATION TO EXHUME REMAINS PUBLIC HEALTH REGULATION 2012 Clause 70(2)

In accordance with the requirements of Clause 70 (2) of the Public Health Regulation 2012 I helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Full name of applicant)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby (Address)

apply for permission to exhume the remains of the late helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Name of deceased)

from Grave Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Section helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip being a single

interment within the helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCemetery for the purpose of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

I seek permission to exhume for the following reasons

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

The deceased (cross out which is not applicable)

was not known to be infected with a prescribed infectious disease as defined in clause 53 of the Public Health Regulation 2012 or

was known to be infected with a prescribed infectious disease as defined in clause 53 of the Public Health Regulation 2012

I am entitled to make this application because I am (tick one)

1 [ ] The executor of the estate of the deceased or

2 [ ] The nearest surviving relative of the deceased or

3 [ ] If there is no such executor or relative available to make the application another the proper person to make the application for the reasons set out below

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Full reasons for proper person to make application) Attached is

1 A certified copy of the death certificate of the deceased

2 A statutory declaration as to

My relationship to the deceased and

the wishes of the deceased regarding the disposal of the body (if known)

the reasons why the Director-General may consider me the proper person in all the circumstances to make the application (if applicable)

3 The application fee of $helliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Date helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicant)

The exhumation is to be supervised in strict accordance with the attached Plan of Management

by helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

employed with helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(Funeral DirectorCemetery)

in the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Form C70

Unclassified

copy Sydney Metro 2017 Unclassified Page 24 of 24

ExMP v30 (final)

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

bttp wwwshd nsw gay auQQpulat onhealthPubtic Healthhtml

NSW

Public Health Unit ll iI I

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 57 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 6 - Air Quality amp Dust Management Sub Plan Responsibility

Objectives amp Targets

Refer to the Site Objectives amp Targets (section 57 of this CEMP) Minimise gaseous and particulate pollutant emissions from construction activities as far as feasible and reasonable Identify and control potential dust and air pollutant sources

Project Manager

Performance Criteria

100 Compliance with Client amp legal requirements 100 achievement with Site Objectives amp targets 100 achievement of relevant Sydney Metro CEMF objectives

Project Manager

Mitigation Measures

General Site related dust identifiable fumes odours and vapours will not infringe beyond site boundaries where practical

Project Manager

Training and Competency

As part of the Site Induction workers will be informed of the Site specific controls required for air quality and dust management including - Correct use of PPE - Use of monitoring equipment - Methods to control dust

Project Manager

Greenhouse Gases

Regular maintenance of plant and equipment for optimum performance will be undertaken to keep emissions to a minimum and increase plant productivity

Vehicles and equipment must be fitted with appropriate emission control equipment and routinely maintained Plant should be switched off when not in use wherever practicable

All plant equipment and vehicles are to be regularly monitored and maintained and records kept of maintenance Engine tampering to increase power output is prohibited

Air emissions from plant vehicles and equipment should be visually monitored throughout construction

Comply with National Greenhouse Emission Reporting Scheme (NGERS) reporting requirements

Project Manager

Dark Smoke

All internal combustion engines will be regularly serviced to ensure optimum operation and minimise the volume of visible smoke emitted Any Plant or light vehicles emitting unreasonable smoke (concentrations higher than normal operation) will cease operation and be serviced by a trained and qualified technician

Materials on site will not be burned intentionally without consulting and obtaining the authorisation of the relevant Local Shire Fire Authority and Client The burning of any material on site should be a last option after alternative methods have been considered

All

Dust Monitoring

The following dust monitoring methods will be applied on the Site

Obtaining weather reports from the Bureau of Meteorology (BOM) website Visual inspection

Project Engineer

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 58 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 6 - Air Quality amp Dust Management Sub Plan Responsibility

Dust Control

Dust control methods to be applied on the site to keep dust generated within the site boundaries as reasonably practicable will be

- Wind fencing around the site or between the site and local residences - Application of waterdust suppressant via water carts - Hydro mulching to stabilise soils - Physical application of ground cover - Cessation of works in adverse weather conditions - Restricted speed limits on site - Reschedule dust generating activities to avoid adverse weather conditions - Communicate dust risk and mitigation measures to staff prior to commencing work

All

Fumes Odours and Vapours

The Site will endeavour to keep the generation of emission of unreasonable levels of fumes odours and vapours to a minimum Refer to the Waste Management Sub Plan and Hydrocarbon and Chemical Environmental Management Sub Plan which detail storage and handling controls that minimise fumes odours and vapours

All

Environmental Inspections amp Monitoring

Daily (Visual) and weekly (documented)

General observation for dust mitigation measures onsite Weekly inspections using Georgiou Beakon inspection form

All staff

Reporting HSEQ Monthly Management Meeting Monthly Environmental Performance Report

Project Manager

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 59 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 7- Noise Vibration and Light spill Management Sub Plan Responsibility

Objectives amp Targets

Refer to the Site Objectives amp Targets (section 57 of this CEMP) Minimise unreasonable noise and vibration impacts on residents and businesses Avoid structural damage to buildings or heritage items as a result of construction vibration Undertake active community consultation Reduce visual impact of construction to surrounding community Maintain positive cooperative relationships with schools childcare centres local residents and building owners

Project Manager

Performance Criteria

100 Compliance with Client amp legal requirements 100 achievement with Site Objectives amp targets 100 achievement of relevant Sydney Metro CEMF objectives

Project Manager

Mitigation Measures

Community

The nearest noise and vibration sensitive receivers will be notified of future works and expected levels of noise and vibration well in advance of the works occurring Notifications will be in accordance with the Community Communications Strategy

Information will be provided to the affected community before and during construction through media such as letterbox drops meetings or individual contact A website will also be established for the project to provide information

A toll-free 24hour project hotline will be provided for enquiries and complaints during the works

Sydney Metro and Georgiou Project Manager

Training and Competency

As part of the Site Induction workers will be informed of the site specific management required

for noise and vibration including

- Sensitive receivers - Hours of works - Correct use of plant and equipment - Monitoring requirements

Standard hours of construction

Approved standard hours of construction are Monday to Friday

7 am to 6 pm Saturday 8 am to 1 pm No work on Sundays or public holidays

Project Manager

Out of Hours works Any out of hourrsquos works will require a noise assessment and approval by Sydney Metro through the out of hourrsquos application (Appendix 7A)

Project Engineer Environmental Site Representative

Plant Equipment amp Vehicles

All operators of plant will comply with requirements of the Construction Traffic Management Plan in relation to parking and laydown access and egress to site haulage routes and general site traffic movements

Plant will be fitted with appropriate noise emissionvibration control equipment Plant will be fitted with adequate seat suspension

Plant Department

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 60 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 7- Noise Vibration and Light spill Management Sub Plan Responsibility

Plant should be switched off when not in use wherever practicable Tasks using equipment that causes vibration to hands will be rotated at intervals to reduce

exposure Consideration may be given to the use of anti-vibration PPE All plant equipment and vehicles are to be regularly monitored and maintained and records kept

of maintenance Any abnormalities in expected noise or vibration emissions will be recorded in the plantrsquos log

book and reported to the plant department Prioritise the use of hydraulic concrete shears jaw crushers coring and wire sawing in lieu of

rockbreakers for demolition of structures Use of smaller capacity rockbreakers or lower vibration generating rockbreakers Consider methods of isolating the vibration sensitive structure from the vibration intensive work

area by severing the vibration transmission path using non-vibration intensive means such a sawing

Lighting of construction areas (if required) would be orientated to minimise glare and light spill impacts on adjacent receivers

Monitoring

Continuous vibration monitoring will be undertaken whenever vibration generating plant will be working close to or within the recommended minimum working distances

When conducting vibration monitoring within or near the minimum working distances a warning system will be implemented including one or both of an audible andor visual warning alarm andor SMS andor email alerts to site staff

Attended noise monitoring will occur at the nearest noise sensitive receiver when - Requested by Sydney Metro - When noise levels are predicted to exceed the NML by more than 10dBA - When out of hours works continue past midnight - When noise complaints are received

Noise monitoring will determine if the predictions in the noise assessment were accurate

Project Engineer Environmental Site Representative

Environmental Inspections amp Monitoring

Daily (Visual) and weekly (documented)

General observation for noise and vibration mitigation measures onsite Weekly inspections using Georgiou Beakon inspection form

All staff

Reporting HSEQ Monthly Management Meeting Monthly Environmental Performance Report

Project Manager

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 61 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 7A ndash Sydney Metro Out of Hours Application form

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 1 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

Out of hours work application form

This form is to be used for formal review and approval of out of hours (OOH) work as it may affect Residential and non-residential receivers This form can be used in accordance with the SM-17-00005396 City amp Southwest out of hours work protocol Each OOH application and all applicable appendices must be submitted to Sydney Metro as one PDF file at least 15 business days prior to the commencement of the proposed OOH work

1 OOH Application

Sydney Metro Project

Eg City amp Southwest Greater West West etc

Contract

Contractor

Application Title

Eg lsquoSmith St service relocation worksrsquo

Application Number

Eg 1 2 3 etc

Application Date

Original submission date (resubmission date in parentheses if applicable)

Relevant Planning Approval

Environment Protection Licence (EPL)

If subject to an EPL state title and number

2 Proposed OOH Work Details

Description of works including

Work methodologies

List of plantequipment to be used (worst case scenario)

Location Map (andor Environmental Control Map) attached as Appendix 1 indicating location of works plantequipment locations and receivers (including distance to nearest receiver for noisiest plantequipment)

Traffic Management Plan andor Traffic Control Plan if applicable as Appendix 2

Timing of works

Including proposed datestimes works are planned to be undertaken outside standard hours

Worst-case number of consecutive occasions affecting the same receiver

Refer to Section 4 for definition of lsquooccasionrsquo

Justification

Demonstrate how the proposed OOH work has been scheduled in accordance with the OOH work period prioritisation list Program acceleration is generally not accepted as a justification

Unless specified otherwise in project-specific documentation the prioritisation of work time periods is as follows

Standard Hours 7am to 6pm weekdays and 8am to 1pm Saturdays (note that Standard Hours for works subject to the City amp Southwest Sydenham to Bankstown planning approval also include 1pm to 6pm Saturdays)

Daytime OOH 1pm to 6pm Saturdays and 8am to 6pm Sundays and Public Holidays

Evening OOH 6pm to 9pm every day

Night Time OOH 9pm to 7am weekday mornings and 9pm to 8am weekend and Public Holiday mornings

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 2 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

3 Assessed Noise and Vibration Impacts and Standard Mitigation Measures

Are the proposed works consistent with a prepared Construction Noise amp Vibration Impact Statement (CNVIS) (YN)

If lsquoNrsquo skip this section and move to Section 4

State the title of the CNVIS and attach the section(s) describing the noise and vibration impacts of the proposed works as Appendix 3

Quantitatively summarise the worst-case predicted noise and vibration impacts specific to the proposed OOH work for each OOH period on the nearest receivers and compare these against the respective management levels

For Night Time OOH Period works include a review of potential sleep disturbance impacts in accordance with Section 43 of the ICNG

Worst-case predicted noise impact summary

Worst-case predicted vibration impact summary

Potential sleep disturbance summary (for night time OOH periods only)

Using Table 4 and Table 5 indicate in Table 6

Which Additional Mitigation Measures (AMMs) are applicable for consideration

Which of those applicable for consideration are planned to be implemented

For AMMs that are applicable for consideration but not being implemented justify why the AMM is not being implemented

For AMMs that are being implemented provide details on how the AMM is being implemented (eg which receivers being offered respite alternative accommodation etc)

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 3 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

4 Non-Assessed Noise and Vibration Impacts

Skip this section if Section 3 has been completed in full

A quantitative noise assessment for OOH work is to be carried out in accordance with the Interim Construction Noise Guideline (DECC 2009) This section allows applicants to address these requirements through the following steps

1) Establishing Rating Background Levels (RBLs) and Noise Management Levels (NMLs)

2) Predicting the anticipated noise levels using a quantitative noise assessment

a Works that are not likely to generate high noise impacts for a significant duration may use a preliminary quantitative noise assessment (facilitated within this form) This ensures that all applications as a minimum include a preliminary quantitative noise assessment in accordance with the Interim Construction Noise Guideline (ICNG)

b Works that are likely to generate high noise impacts for a significant duration may require a detailed quantitative noise assessment (eg Construction Noise and Vibration Impact Statement) to be undertaken

c Works that are likely to generate ground-borne or structure-borne vibration andor noise require specialist advice and assessment

3) Comparing predicted noise levels against RBLsNMLs and applying standard mitigation measures as appropriate (ie implementing lsquoall feasible and reasonablersquo mitigation measures in accordance with the ICNG)

4) Considering additional mitigation measures when predicted noise levels exceed RBLsNMLs

The need for a detailed quantitative noise and vibration assessment will be considered by Sydney Metro the contractor and the Acoustic AdvisorEnvironmental Representative (if applicable) collectively when the predicted noise levels are anticipated to

Exceed an RBL at a residential receiver or an NML at a non-residential receiver by more than 10dBA AND

Affect the same receiver on 10 or more consecutive occasions An occasion is anytime works are carried out

o Between 6pm on a weekday and the start of standard hours the next day OR

o Between 1pm on a Saturday and 8am on a Sunday (or between 6pm on a Saturday and 8am on a Sunday for works subject to the Sydenham to Bankstown planning approval) OR

o Between 8am on a Sunday or public holiday and the start of standard hours the next day

A detailed quantitative noise and vibration assessment should generally include

Derivation of RBLs for residential receivers andor derivation of NMLs for non-residential receivers based on noise monitoring at representative locations and local sensitivities

Detailed noise predictions for daytime evening and night time OOH periods (as applicable) in accordance with Section 45 of the ICNG (including an outline of timing duration and predicted noise levels for each OOH period)

For Night Time OOH Period works a review of potential sleep disturbance impacts in accordance with Section 43 of the ICNG

Detailed predictions of vibration levels for sensitive receivers

Please complete the following Steps 1 to 4

Step 1

RBLsNMLs

If RBLs for residential receivers or NMLs for non-residential receivers have already been established (eg in an Environmental Impact Statement Review of Environmental Factors detailed quantitative noise assessment or Construction Noise and Vibration Impact Statement for other work activities) enter into Table 3 and attach the supporting evidence as Appendix 3

If no RBLsNMLs have been established use Table 1 to estimate and enter into Table 3

Step 2

Predicted Anticipated Noise Levels

If predicted anticipated noise levels have already been established (eg in an Environmental Impact Statement Review of Environmental Factors detailed quantitative noise assessment) enter the predicted anticipated noise levels into Table 3 and attach the supporting evidence as Appendix 3

If predicted anticipated noise levels have not already been established use Table 2 to estimate anticipated noise aspects for the noisiest plantequipment and enter into Table 3 In Table 3 use these values to calculate the anticipated predicted noise levels

Step 3

Exceedances and Mitigation Measures

Compare the anticipated predicted noise levels to the applicable RBLsNMLs calculate the exceedances and enter into Table 3 In Section 5 provide a description of the standard mitigation measures that are planned to be implemented in order to mitigate the noise impacts (and vibration impacts if relevant) as much as lsquofeasible and reasonablersquo in accordance with the ICNG

Step 4

Consideration of Additional Mitigation Measures

Use Table 4 and the exceedances in Table 3 to determine the applicable Additional Mitigation Measures for consideration Use

Table 6 to indicate which of these measures are applicable for consideration which will be implemented and provide justificationdetails accordingly

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 4 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

5 Standard Mitigation Measures

Outline the standard noise mitigation measures that will be implemented during the proposed OOH work

Ie Implementation of all lsquofeasible and reasonablersquo mitigation measures in accordance with the ICNG)

Outline the standard vibration mitigation measures that will be implemented during the proposed OOH work

Ie Implementation of all lsquofeasible and reasonablersquo mitigation measures in accordance with the ICNG)

Table 1 Noise RBLs and NMLs

Skip this section RBLs and NMLs have already been established in other documentation

Sensitive Receiver Category Estimated RBLs (dBA)

Residential Daytime OOH Evening OOH Night Time OOH

Urban (eg city hubs near busy roads near industrial activity) 55 50 45

Suburban 45 40 35

Quiet rural or isolated 40 35 30

Non-Residential ICNG NMLs (dBA)

Industrial facilities 75 (only applicable when in use)

Offices or retail 70 (only applicable when in use)

Health and educational facilities 55 (only applicable when in use)

Table 2 Predicted Noise Level Aspects

Skip this section if predicted noise levels have already been established in other documentation

Noise Aspect Select the most applicable value for each noise aspect below and enter into Table 3 dBA

1 PlantEquipment Noise Level at 10m

Including non-continuous use reduction (-5dBA) and annoying activity penalty (+5dBA) for as per ICNG (refer to ICNG Appendix B for predicted noise level data)

Underline indicates vibratory generating plantequipment

Impact sheet piling rig 100

Hand-held tamper excavator with hammer rock-breaker drivenvibratory piling concrete saw diamond saw air track drill large dozer hand-held rail grinder

95

Jackhammer rock crusher angle grinder pneumatic hammer medium dozer tracked loader impact wrench

90

Mainline tamper ballast regulator dynamic track stabiliser vibratory roller mainline rail grinder ballast train (pourfill ballast) chainsaw tub grinderlarge mulcher scraper grader super-suckervacuum truck large backhoewheeled front-end loader bored piling pavement profiler fixed crane tracked excavator

85

Small bulldozer small excavator tower crane truck-mounted crane forklift bobcat skid-steer front-end loader road trucktruck and dog dump truck concrete truckpumpmixer compressor non-vibratorylarge pad foot roller whacker packercompactor water cart pavement laying machine asphalt truck and sprayer line marking truck standard penetration testing welder pin puller

80

Concrete vibrator cherry-picker scissor liftelevated work platformFranna crane small backhoe front end loader fence post driver electric drill rig hand held rattle gun generator (dieselpetrol) spreader

75

Lighting tower medium-rigid trucksemi-trailer welding equipment small front end loader 70

Light vehicle hand-tools (no impact) small cement mixer attenuated generator (inside housing)

65

2 Multiple Plant More than one of the noisiest plant being used simultaneously at roughly the same location +5

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 5 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

3 Local Screening

Existing screening between site and receiver (buildings cuttings canopies etc) - 5

Temporary screening to be implemented near work site - 10

Acoustic shed or enclosure - 25

4 Distance Attenuation

lt 10 metres 0

10 to 20 metres - 5

20 to 35 metres - 10

35 to 60 metres - 15

60 to 100 metres - 20

100 to 180 metres - 25

180 to 350 metres - 30

350 to 1000 metres - 40

Table 3 Predicted Noise Levels and Exceedances of RBLs andor NMLs (dBA)

Skip this section if Section 3 has been completed in full

Period

(only complete as applicable for each period)

Noisiest PlantEquipm

ent

(state the noisiest

plantequipment to be used during each applicable

OOH period)

Receiver Type

(state lsquoResrsquo or lsquoNon-Resrsquo as applicable for

closest receiver to noisiest

plantequipment)

Enter the most applicable values from Table 2 then add to determine

the Predicted Noise Level

Pre

dic

ted

No

ise L

evel

(1 +

2 +

3 +

4)

RB

L (

for

Res)

NM

L (

for

Non-R

es)

Exceedance

(Predicted Noise Level minus RBL for Res or NML for

Non-Res) 1

Pla

nt

Eq

uip

me

nt

No

ise L

evel

2

Mu

ltip

le

Pla

nt

Eq

uip

me

nt

3

Lo

cal

Scre

en

ing

4

Dis

tan

ce

Att

en

ua

tio

n

Daytime OOH

Evening OOH

Night Time OOH

Refer to OOH period timings under Section 2 of this form

Table 4 Additional Mitigation Measures (AMM) requiring Consideration for Implementation

OOH Period

AMMs that must be considered for implementation

(apply the exceedances from Table 3 to the two OOH period categories below as applicable)

lt= 10 dBA Exceedance

10 to lt= 20 dBA Exceedance

20 to lt= 30 dBA Exceedance

gt 30 dBA Exceedance

Daytime OOH Period ndash LB M LB M IB LB PC RO SN

Evening and Night Time OOH Periods

ndash M LB M IB LB PC SN RO M IB LB PC SN RO AA

AA is only applicable to Night Time OOH periods

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 6 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

Table 5 List of Additional Mitigation Measures (AMM)

AMM Abbrev

AMM AMM Descriptions and Guidance

LB

Letterbox-drop

(generic to the project)

A newsletter is generally produced and distributed to the local community via letterbox-drop and the project mailing list These newsletters provide an overview of current and upcoming works across the project and other topics of interest The objective is to engage inform and provide project-specific messages The geographic extent of letterbox-drops is generally centred on the immediate surrounding community within 200 metres from the works site

For works that are subject to the Sydenham to Bankstown planning approval these will include an indicative schedule of likely OOH work for at least the upcoming two month period

M Monitoring

Where it has been identified that specific construction activities are likely to exceed the relevant Rating Background Levels (RBL) andor Noise Management Levels (NMLs) monitoring may be conducted at the affected receiver(s) or a nominated representative location (typically the nearest receiver where more than one receiver have been identified) Monitoring can be in the form of either unattended logging or operator attended surveys The purpose of monitoring is to inform the relevant personnel when the RBLNML has been exceeded so that additional management measures may be implemented

IB Individual Briefings

Individual briefings are used to inform stakeholders about the impacts of high noise activities and mitigation measures that will be implemented Communications representatives would visit identified stakeholders at least 48 hours ahead of potentially disturbing construction activities Individual briefings provide affected stakeholders with personalised contact and tailored advice with the opportunity to comment on the project

PC Phone calls

(andor emails)

Phone calls andor emails (with specific notifications attached) detailing relevant information would be made to identifiedaffected stakeholders within seven days of proposed work The objective of the phone calls andor emails is to support letterbox-drop and specific notifications Phone calls andor emails provide affected stakeholders with personalised contact and tailored advice with the opportunity to provide comments on the proposed work and specific needs

SN

Specific Notifications

(specific to the OOH work)

Specific notifications are letterbox-dropped to identified stakeholders no later than 7 days prior to out of hour construction activities commencing that are likely to exceed the RBLsNMLs Specific notifications may be produced by Sydney Trains or by Sydney Metro (or on behalf of Sydney Metro by a contractor as approved by Sydney Metro)

- Sydney Trains specific notifications cover all works being undertaken by various parties (including Sydney Metro) during designated rail possession periods These specific notifications are delivered 14 days prior to works commencing and are delivered to all properties located within 250m of the proposed works

- Sydney Metro specific notifications focus on proposed Sydney Metro works being undertaken outside of designated rail possession periods and are only produced in the absence of any Sydney Trains notifications covering the proposed works These notifications are delivered 7 days prior to works commencing and are delivered to all properties located within 100m of day works and within 200m of night works

All notifications are emailed to all registered stakeholders on site-specific email distribution lists

For works that are subject to the Sydenham to Bankstown planning approval these will include indicative information on the type of OOH work location duration expected noise characteristics expected noise level and likely mitigation and management measures

RO Respite Offer

The purpose of a project specific respite offer is to provide residents subjected to lengthy periods of noise andor vibration impacts respite during OOH periods Respite offers are offers made to affected receivers to provide a period of either no or limited noise impacts This can be in the form of stopping or limiting works onsite or offering affected receivers dinnermovie vouchers The first priority is to implement a period of no or limited noise impacts If this cannot be achieved dinnermovie vouchers may be offered on a case-by-case basis

AA Alternative

Accommodation (residential only)

Alternative accommodation options may be provided for residents living in close proximity to construction works that are likely to incur unreasonably high impacts during night time OOH periods Alternative accommodation will be considered on a case-by-case basis

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 7 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

Table 6 Consideration of Additional Mitigation Measures (AMM)

Additional Mitigation Measures

Applicable for Consideration

YN

(refer to Table 4)

To be Implemented

YN

JustificationDetails

For AMMs that are applicable for consideration but not being implemented justify why the AMM is not being implemented

For AMMs that are being implemented provide details on how the AMM is being implemented (eg which receivers being offered RO AA etc)

LB

M

IB

PC

SN

RO

AA

For OOH work that is subject to the Sydenham to Bankstown approval and RO is required for consideration include in the lsquoJustificationCommentsrsquo column how community consultation influenced the decision to implement or not implement RO in accordance with Condition E23 If RO is being implemented include how community consultation influenced the manner in which RO is being implemented

6 Consideration Against Relevant Vibration Criteria

Using Table 2 indicate whether any vibratory plantequipment is planned to be used for the proposed works (YN)

If lsquoNrsquo skip this section and move to Section 7

lsquoPeoplersquo Criterion

Are the proposed works anticipated to have any perceptible sleep disturbance impacts (YN)

lsquoStructuresrsquo Criterion

Are the proposed works anticipated to generate greater than 75mms vibration impacts on surrounding structures (generally within 25 metres of works) (YN)

lsquoSensitive Equipmentrsquo Criterion

Are the proposed works anticipated to impact sensitive equipment located in surrounding non-residential receivers (YN)

If lsquoYrsquo is answered to ANY of the above criteria AND the impacts affect the same receiver for more than one consecutive occasion (refer to Section 4 for lsquooccasionrsquo definition) the need to prepare a detailed quantitative assessment will be considered collectively by Sydney Metro the contractor and the Acoustic AdvisorEnvironmental Representative (if applicable)

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 8 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

7 City amp Southwest Construction Noise amp Vibration Strategy Addendum Mitigation Measures

If the proposed OOH work is part of the City amp Southwest project identify any mitigation measures to be implemented that have arisen from the City amp Southwest Construction Noise amp Vibration Strategy Addendum

8 Cumulative Impacts

Document the relevant details of any other OOH work (Sydney Metro or otherwise) that will impact the same receivers as those being impacted by these proposed works either concurrently or within 3 days of the start or end of these proposed works

If other works have been identified in the row above how have the proposed works been coordinated to ensure appropriate respite is provided

9 Community Consultation

What community consultation has been undertaken already

What community consultation is planned to be undertaken

If drafted already attach applicable Community Notification as Appendix 4

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 9 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

10 Contractorrsquos Signature

Contractorrsquos Identification of Risk Level

If subject to the Chatswood to Sydenham (C2S) or Sydenham to Bankstown (S2B) planning approval and not subject to an EPL provide Contractorrsquos Identification of Risk Level (refer to the City amp Southwest OOH Works StrategyProtocol for guidance)

Circle LOW or HIGH

Contractorrsquos Signature

Name

Title

Contact Number

Date

11 Contractorrsquos Contact Details

Contractor Personnel Name Mobile

Manager Environment

Manager Communications

Contractorrsquos Representative

Contractorrsquos 24hr contact person

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 10 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

C2SS2B Planning Approval Determination Page

Step 1 ndash Endorsement from Sydney Metro Director Public

Communications or Contractorrsquos Communications Manager

Step 2 ndash Risk IdentificationEndorsement from the AA under the C2S Planning Approval or from the

ER under the S2B Planning Approval

Step 3 ndash If works are under Sydney Trains EPL approval from Sydney Metro Director of Planning Environment and Sustainability

If works are not under an EPL approval from either the ER or the Secretary of the NSW Department of Planning amp Environment

Risk Level NA

If not subject to an EPL circle Risk Level as LOW or HIGH

If works are HIGH Risk Level and after 9pm Sydney Metro submits application to the Secretary of the

NSW Department of Planning amp Environment for approval

NA

Signature

Approved Road Occupancy LicenceRoad Opening Permit (if applicable) must be sighted prior to endorsement

Name

Role

Date

Comments

(including AAER Risk Level comments if applicable)

Conditions

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 11 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

Generic Determination Page (ie not subject to C2S or S2B planning approvals)

Step 1 ndash Sydney Metro Director of

Project Communications

Step 2 ndash Acoustic Advisor

(may be optional depending on planning approval or contract requirements)

Step 3 ndash Environmental Representative

(may be optional depending on planning approval or contract requirements)

Step 4 ndashSydney Metro Director of Planning Environment amp Sustainability

(only required if not approved already)

Action Endorsement Circle Endorsement or Approval Circle Endorsement or Approval Approval

Signature

Approved Road Occupancy LicenceRoad Opening Permit (if applicable) must be sighted prior to endorsement

Name

Date

Comments

Conditions

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 12 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

Appendix 1 Location Map (andor Environmental Control Map)

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 13 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

Appendix 2 Traffic Management Plan andor Traffic Control Plan

(if applicable)

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 14 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

Appendix 3 Supporting Evidence for Noise amp Vibration Impacts (eg Construction Noise amp Vibration Impact Statement noise assessment etc)

(if applicable)

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 15 of 15

SM-17-00000115 CEMP Appendix 7A - OOHW application

Appendix 4 Community Notification

(if applicable and already drafted)

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 62 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 8 ndash Contaminated Land Management Sub Plan Responsibility

Objectives amp Targets

Refer to the Site Objectives amp Targets (section 57 of this CEMP) Any site contamination will be effectively managed to limit the potential risk to human health and the environment Spoil will be managed to avoid contamination of land or water Prioritise reuse of contaminated spoil into the project rather than offsite reuse or disposal

Project Manager

Performance Criteria

100 Compliance with Client amp legal requirements 100 achievement with Site Objectives amp targets 100 achievement of relevant Sydney Metro CEMF objectives

Project Manager

Planning and assessment

Planning

The Golders Douglas Partners contamination assessment report (June 2020) considered investigation results and data from previous relevant Sydney Metro West (SMW) investigations in the general area The physical characteristics of the soil on site as determined by the above report is described as ldquofill material described as containing evidence of anthropogenic materials including ash gravels terracotta tile fragments bricks and glass In addition to this sandstone bedrock was regularly encounteredsuspected to be present (eg drilling method refusal) during the pavement investigation This evidence implies that there is a wide variety of soil types and materials across the Site associated with natural and historical anthropogenic related activities The findings included elevated concentrations of heavy metals (copper nickel zinc) encountered at one location on the Site and several within close proximity to the Site However the exceedances were considered to pose a low risk to ecological receptors given that the majority of the Site is covered in asphalt hardstand with very low potential for exposure to subsurface soils Elevated concentrations of BaP were encountered in several boreholes within close proximity to the Site Once again the risks to ecological receptors from these were considered low due to the presence of asphalt hardstand at the Site Asbestos was identified at one borehole SMW_BH415 at a depth of 05 m The laboratory reported that chrysotile was detected below the reporting limit of 01 gkg The report considered due to the location access nature of the ACM (bonded) that there is a low risk of exposure to potential receptors Should the soil not be able to be reused on site further sampling assessment and waste classification must occur for any soil that is to be disposed offsite in accordance with the Sydney Metro Waste Classification Procedure (Appendix 1A)

Project Manager HampS Manager

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 63 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 8 ndash Contaminated Land Management Sub Plan Responsibility

Unexpected finds of contamination onsite

In the event that contamination is identified on site Appendix 8A will be followed for soil contamination excluding Asbestos material For unexpected Asbestos Finds Appendix 8B will be followed

Supervisors All workers

Assessment

If any potential contamination is discovered during construction the soil will be excavated and transported to the stockpile area for assessment which may include sampling by a suitably qualified environmental consultant

The assessment must consider whether the material is suitable to return to site for reuse with consideration to the final land use and pathways and receptors for the contaminants

Laboratory testing associated with the assessment will be prioritised to 24 hour turnaround to mitigate any delay where required

The assessment detailing the type extent and management options for the contaminated soil must be provided to Sydney Metro before proceeding to either reuse or dispose of material

For unexpected Asbestos finds the controls listed in the section below must be followed before any excavation and transport to stockpile or offsite

Project Manager Supervisor Environmental scientist

Asbestos management measures

Access Restrictions

Signs and barriers will be erected to warn of the danger and to prevent unauthorised people entering areas where asbestos contaminated fill material is being excavated handled

The location and extent of any access control areas will be agreed in discussion between the Project Manager Project Engineer HSE Advisor and the Environmental Coordinator and will be established in accordance with NOHSC2002 (2005) Code of Practice for the Safe Removal of Asbestos (2nd Ed) guidelines

Potential entry points to the asbestos work area should be signposted or labelled in accordance with AS 1319 (1994) Safety Signs for the Occupational Environment and NOHSC 2002 (2005b)

Earthworks Engineers Licenced removal contractor Supervisors

Asbestos Removal

For unexpected Asbestos finds the Certified Occupational Hygienist will conduct a risk assessment to demine Air monitoring requirements and any other PPE and management controls prior to removal (see air monitoring section)

All removal procedures for asbestos should be undertaken under the supervision of an appropriately licensed contractor which is either ASA or ASB depending on the material being removed The removal of material shall be monitored by a relevantly trained supervisor in accordance with the Code of Practice for the Safe Removal of Asbestos [NOHSC 2002 (2011)]

You must be licensed to remove asbestos except if removing 10 square metres or less of non-friable asbestos

Engineers Certified Occupational Hygienist Licenced removal contractor

Workcover notification Permit to Work

A permit to work authority will need to be issued to and signed by the contractor Workers engaged in the removal of asbestos on site will not be issued with a permit to work unless

Engineers Licenced removal contractor

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 64 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 8 ndash Contaminated Land Management Sub Plan Responsibility

they are employed by a company holding a removal licence issued by WorkCover NSW appropriate for the type of asbestos materials concerned

Workcover must be notified at least five days prior to commencement of asbestos removal work

Safe Work Method Statement and Asbestos Removal Plan

All notification and permit applications for removal of asbestos in soils must be accompanied by a site risk assessment (Asbestos Removal Plan) carried out by a competent or licensed person who determines If the asbestos is bonded or friable The extent of contamination A safe work procedure for the remediation of the site

Engineers Licenced removal contractor

Dust Control

In order to remove the asbestos safely we shall be using the ldquowet methodrdquo to carry out these works The wet method includes continuously keeping the soil with asbestos fragments watered so as to eliminate the asbestos dustfibres becoming airborne An exclusion zone of 10m (or whatrsquos appropriate ndash depending on limitations) will be isolated from the rest of the site using fencing or bunting Any personnel that do not have the correct PPE or relevant training will not be allowed in this area

Supervisors Earthworks Engineers

Clearance

Following the excavation and removal of asbestos contaminated material a licenced asbestos assessor will conduct inspections and sampling (where required) in the excavation to confirm that no asbestos remains A clearance report will be issued and works can recommence in the area

Licenced Asbestos Assessor

All potential contaminated finds

Training

A toolbox must occur for all worker for unexpected contamination finds procedure They will also be informed of the Site specific controls required for management of contamination in soil Site access restrictions Correct use of PPE Decontamination procedures Use of monitoring equipment Waste handling procedures Dust control measures and performance measures

all workers

Stockpile Contingency Measures

The following contingency measures will be put in place should stockpiling of potential contaminated soils be required All potential contaminated stockpiles will be separated by lot numbers and sign posted to

avoid any cross contamination Any temporary stockpiles of asbestos contaminated soil will be maintained under moist

conditions and remain covered at all times Sediment controls will be installed downslope of all contaminated soil stockpiles In order to confirm that all contaminated soil has been removed an Environmental

Consultant (ADE) will conduct a visual inspection or sampling of the material below the

Supervisors Earthworks Engineers

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 65 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 8 ndash Contaminated Land Management Sub Plan Responsibility

stockpile and provide a clearance certificate or the like as legislated The Environmental Consultant will advise of the validation criteria dependant on the contamination of the soil

Material tracking for contaminated finds assessed as suitable for onsite reuse

Where suspected contaminated material is identified the material will be tracked from the area in which the material was identified to its location in stockpile (lot number)

For all material assessed as suitable for reuse onsite the material will be tracked from its stockpile location to final destination for reuse onsite Survey will determine the m3 and the location of the final destination

All materials movements associated with unexpected contamination finds will be recorded on the materials tracking register

Supervisors Earthworks Engineers

Waste classification for materials assessed unsuitable for onsite reuse

Waste classifications are required for any excavated soil or fill material which is to be disposed off-site Soil or fill material to be taken off-site for disposal shall be assessed in accordance with the waste classification guidelines (NSW EPA 2014) Materials excavated from the site should be tracked from lsquocradle to graversquo in order to provide detailed and accurate information about the location and quantity of all materials from the time of their excavation until their disposal For any truck or bin leaving the site the following information would be recorded origin of material material type waste classification report approximate volume truck andor bin registration number Receiving licenced facility For all soils known or having the potential to contain asbestos the following applies The POEO Act defines lsquoasbestos wastersquo as any waste that contains asbestos including

fragments or fibres It is understood that as a result the NSW EPA considers asbestos contaminated soil to be an asbestos waste In addition the Protection of the Environment Operations (Waste) Regulation 2014 provides certain requirements for the transportation of asbestos It is understood that the NSW EPA requires any management of soil containing asbestos waste on or off the site to be at least equal to controls set out by the Regulation

All asbestos contaminated soil or fill leaving site will be transported in a leak proof covered vehicle and disposed of at a licensed facility in accordance with waste classification guidelines (NSW EPA 2014)

Earthworks Engineers Licenced removal contractor ESR

Environmental Monitoring amp records

Air Monitoring

If asbestos removal work that requires a Class A licence that means it is friable then you must get the licensed asbestos assessor occupational Hygienist to undertake air monitoring of the asbestos removal area Monitoring for airborne asbestos in accordance with the Guidance Note on the Membrane Filter Method for Estimating Airborne Asbestos Fibres

Earthworks Engineers Licenced removal contractor Hygienist

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Appendix 8 ndash Contaminated Land Management Sub Plan Responsibility

[NOHSC 3003(2005)] the analysis should be carried out by a NATA accredited laboratory during the removal operations Refer to Clause 50 and 51 for the WorkCover 2011 Safety Regulation for requirements

For other contaminated soil the occupational hygienist may determine that the risks associated with their disturbance and handling requires air monitoring

Record Keeping

The records associated with management of contaminated land that should be kept include Material tracking register including lots volume and type Asbestos Removal Plan (ARP) Asbestos Register Airborne Monitoring Reports Calibration certificates for air monitors Clearance Inspection Reports or Certificates Waste classification reports Laboratory sampling results Landfill disposal dockets

Earthworks Engineers ESR HampS Manager

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Appendix 8A ndash Unexpected Contamination finds procedure

1 Introduction

The following unexpected contaminated finds procedure will be adopted in the event that potential contamination

is discovered during construction Implementation of this procedure will ensure that contamination is managed in

such a way as to avoid harm to the environment workers community and comply with relevant legislation

2 Identification of Contamination

An unexpected find of contamination is likely to comprise of any soil characteristic which is not a typical soil

material identified in previous contamination assessment reports The Golders Douglas Partners contamination

assessment report (June 2020) section 102 makes note of indicators of contamination as

Significant staining

Odours from Soils

Oily sheen on water leaving soils

Anthropogenic waste materials other than those identified in the report (ie Ash Gravels Terracotta Tile

Bricks and Glass)

Where the soil characteristics are consistent with the reports and the above indicators are not present then no

further assessment is required for onsite reuse

Examples of these indicators are shown below

Photo 1 - Significant Staining or odorous soils

Discoloured soil (soil with non-natural colouring) Pungent smelling soils - petroleum compost

putrefied sulphurous septic sweet aromatic odours

Photo 2 ndash Oily Sheen on water

Rainbow sheen on water surfaces in soil

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Photo 3 ndash Buried wastes

Buried oil drums chemical container

Photo 3 ndash Buried wastes

Buried demolition wastes (eg concrete tiles bricks asphalt timber metal

3 Potential risk areas of unexpected finds

The higher risk activities for encountering unexpected finds during construction activities are considered to be

excavation works that extend below road pavement layers and into general fill

Higher risk areas for encountering unexpected finds construction are considered to be

Areas of excavation that extend through general fill layers and into natural soils eg Stormwater trench

locations

Locations of excavation near previous Boreholes with identified contamination (see map below)

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4 Unexpected finds flow chart

If potentially contaminated soils are encountered the following steps must be followed

During excavationif visual indications of contamination are present such as significant stained soils

odorous soils sheen tarry or ashy material or unexpected anthropogenic material (other than what is

expected to be encountered on site) then

STOP EXCAVATION in the immediate affected area

Notify the Supervisor Environmental Site Rep and Client

Environmental consultant to conduct assessment on material to determine suitability for reuse onsite This

step may require sampling and lab analysis ndash undertake with quick 24hr turnaround

Suitable for onsite reuse

Provide client the results of assessment before proceeding to the next step

Appropriate geotechnical assessment

confirms the material is suitable for

proposed final land use

Yes

Maintain tracking register for the

soil from cradle to grave include

test results surveyed volume and

final destination

No Yes

Sample test and classify in

accordance with Appendix

1A ndash Sydney Metro Waste

Classification procedure

Contact environmental consultant and hygienist and provide details of the find Depending on the nature and type

of the find they may be required to attend site before any further excavation disturbance

Excavate the material to the extent of the potential contamination in 200mm thick layers and in 500mm

horizontal increments (Do not exceed design excavation extents) and move to stockpile area (Where it will be

allocated a lot number and signposted to avoid any cross contamination) For Asbestos follow specific

requirements in the unexpected Asbestos Finds Procedure Cover the stockpile and install controls around the

stockpile

Offsite disposal at licenced

landfill facility Maintain all

waste tracking and disposal

records

No

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5 Materials Tracking

A Material tracking Register will be used to ensure information is collected for unexpected finds materials

identification and traceability This register records all unexpected finds materials The material is carefully

inspected ensuring the following information is recorded

Source identification

Contamination assessment results

Waste classification report ndash if unsuitable for onsite reuse

Volume of material (survey)

Destination identification (survey)

This register will track the movement of soils between excavation and final deposition this includes stockpiling

testing and suitability classification will be recorded

In addition to this register a stockpile location map will be used to show the location and type of soil stored onsite

at the stockpile area The material class and stockpile number on the map will correspond with the information in

the register

6 Stockpile Management

The following contingency measures will be put in place should stockpiling of suspected contaminated soils be

required

All suspected contaminated stockpiles will be separated by lot numbers and sign posted to avoid any cross

contamination

Sediment controls will be installed downslope of all suspected contaminated soil stockpiles

7 Training

All site personnel (including sub-contractors) will undertake an induction to ensure that they understand the

potential contamination onsite as detailed in previous contamination assessment reports and this unexpected finds

procedure

A specific unexpected contamination finds toolbox will be conducted with all workers involved with excavation

works

Prior to commencement of each shift the Supervisor will inform all site personnel of any works involving

contaminated materials on site

8 Review

This Plan will be reviewed in the following circumstances

Following a site inspection or work review that highlights an unexpected risk associated with the

implementation of this procedure

Following a change in legislation

Following a change in construction methods

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Appendix 8B ndash Unexpected Asbestos finds procedure

1 Introduction

The following Asbestos Management procedure will be adopted in the event that potential asbestos containing

material (ACM) or actual asbestos is uncovered during construction Implementation of this procedure will ensure

that asbestos is managed in such a way as to avoid harm to site personnel visitors and the community

2 Areas of known asbestos contamination

No asbestos was identified with the footprint of the proposed road construction works However there was one

Borehole (BH 415) from previous contamination assessments adjacent to the boundary that identified asbestos at

05m bgs The laboratory result was chrysotile detected below the reporting limit of 01 gkg (see location on map

below)

3 Identification of Asbestos

Asbestos has been used in the manufacturing of various products and these products can be found in either friable

or non-friable form All products are also known as asbestos-containing material Friable asbestos products are

generally quite loose and when dry can be crumbled into fine material or dust with light pressure such as

crushing with your hand

Non-friable asbestos products are made from a bonding compound (such as cement) mixed with a small proportion

(usually less than 15) of asbestos Non-friable asbestos products are solid rigid and non-friable and cannot be

crumbled pulverised or reduced to powder by hand pressure The asbestos fibres are tightly bound in the product

and are not normally released into the air When theyre in good condition non-friable asbestos products do not

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normally release any asbestos fibres into the air They are considered a very low risk for people who are in contact

with them as long as appropriate safety precautions are used when they are disturbed Non-friable asbestos

products that have been damaged or badly weathered may also become friable for example crushed asbestos

cement sheeting Examples of non-friable and friable asbestos are shown below

Photo 1 ndash example of non-friable asbestos in soil This is Asbestos cement sheeting that although broken it is solid rigid and cannot be crumbled or pulverised by hand pressure

Photo 2 ndash example of friable asbestos ndash this was a section of Asbestos cement sheeting that is weathered and crumbles under hand pressure

Photo 3 ndash example of non - friable asbestos ndash Asbestos cement water pipe in good condition

Photo 4 ndash example of friable asbestos ndash water pipe wrapped with friable woven ACM textile

4 Unexpected Asbestos ACM finds flow chart

In the event that a person on site identifies or disturbs asbestos ACM the unexpected asbestos management

procedure during Construction is summarised below

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Discovery of suspected asbestos containing materials

STOP EXCAVATION in the immediate affected area Demarcate and isolate area from workers

Notify the Supervisor

Suitable for onsite reuse

Provide client the results of assessment before proceeding to the next

step

Appropriate geotechnical assessment

confirms the material is suitable for

proposed final land use

Yes

Maintain tracking register for the

soil from cradle to grave include

test results surveyed volume and

final destination

No

Sample test and classify

in accordance with

Appendix 1A ndash Sydney

Metro Waste Classification

procedure

Yes

Friable Non Friable

Proceed with Licenced

Asbestos removal work in

accordance with section 6 -

11 Remove to stockpile for

reuse assessment by

Environmental Consultant

No

Greater than

10m2 of non-

friable asbestos

contamination

Less than 10m2 of

non-friable

asbestos

contamination

Proceed with non-

licenced asbestos

removal and

disposal in

accordance with

section 5

Trained and competent person to identify the asbestos

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5 Non Licence Asbestos removal work

Where small fragments of ACM or suspected ACM are found and provided that

the total number of fragments is lt 20 or

the total surface area of the fragmentpiece is lt 1 m2 or

the fragments are spread over an area of lt 10 m2 and

the fragments are non-friable

If the unexpected find meets the criteria above a trained and competent person will collect any fragments and

place it in a 200 mm polythene bag for later disposal at an appropriate waste facility A detailed visual inspection

of the area will be carried out by the Environmental consultant which will involve wet raking of the areas to a

depth of 10 cm for any further fragments If no further fragments are identified works can continue

If during the visual inspection the Environmental consultant determines that the criteria described above are

exceeded or if suspected asbestos ACM continues to be identified during excavation works andor if it is thought

that any uncovered material might be considered asbestos containing and friable works will cease and the

Environmental consultant will assess the situation and determine an appropriate course of action

6 Licenced Asbestos removal work

A licensed asbestos removalist will be required for removal works where there is friable asbestos or the

contaminated area is greater than 10 m2 There are two types of asbestos removal licences Class A and Class B

The type of licence required depends on the type and quantity of asbestos or ACM to be removed as outlined

below

Licence type What asbestos can be removed

Class A Can remove any amount or quantity of asbestos or ACM including any amount of friable asbestos or ACM any amount of asbestos-contaminated dust or debris (ACD) Any amount of non-friable asbestos or ACM

Class B Can remove

any amount of non-friable asbestos or ACM Note A Class B licence is required for removal of more than 10 m2

of non-friable asbestos or ACM but the licence holder can also remove up to 10 m2 of non-friable asbestos or ACM

ACD associated with the removal of non-friable asbestos or ACM Note A Class B licence is required for removal of ACD associated

with the removal of more than 10 msup2 of non-friable asbestos or ACM but the licence holder can also remove ACD associated with removal of up to 10msup2 of non-friable asbestos or ACM

No licence required Can remove

up to 10 m2 of non-friable asbestos or ACM ACD that is associated with the removal of less than 10 m2 of non-friable

asbestos or ACM Not associated with the removal of friable or non-friable asbestos

and is only a minor contamination

The licensed asbestos removalist will prepare an Asbestos Removal Control Plan prior to the removal of any

asbestos ACM The Asbestos Removal Control Plan documents the specific control measures to be implemented to

ensure site personnel and others are not at risk when asbestos removal work is being conducted It includes how

the asbestos removal will be carried out including temporary storage the method tools equipment and PPE to be

used and the asbestos ACM to be removed including the location type and condition of the asbestos ACM

The Client will be informed prior to excavation or removal of asbestos or ACM If the removal activity is to occur in

the vicinity of any occupied residence or business the project Community Advisor will notify the affected

residents or business owners

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7 Signage and demarcation

Georgiou will install warning signs and labels to clearly identify asbestos affected areas and where asbestos related

work is being carried out Flagging will be installed to delineate the asbestos related areas and restrict

unauthorised persons from entering the asbestos removal work Stockpiles will be covered and labelled Signage

and flagging will stay in place until all licensed asbestos removal work is complete and a clearance certificate is

provided

8 Notification

Prior to the commencement of licensed asbestos removal works notification to SafeWork NSW is required

SafeWork NSW requires a minimum of 5 daysrsquo notice prior to the removal of asbestos and the notification will be

made by the licensed asbestos removalist

9 Air Monitoring

All air monitoring requirements will be determined and conducted by a licensed asbestos assessor (LAA) The

location and layout of the air monitors will be detailed within the Asbestos Removal Control Plan

Air monitoring requirements will vary depending on the type of asbestos being removed the location and position

of the asbestos The following rules should be applied when determine if air monitoring is required (extract from

Safe Work Australia ndash Code of Practice on How to Safely Remove Asbestos (2016)

For friable asbestos removal ndash Air monitoring is mandatory for all friable asbestos removal This includes prior

to dismantling an enclosure and for the purposes of the clearance inspection

For more than 10 msup2 of non-friable asbestos removal ndash Air monitoring is not required but may be considered to

be carried out by a licensed asbestos assessor or competent person to ensure compliance with the duty to

eliminate or minimise exposure to airborne asbestos and to ensure the exposure standard is not exceeded

Public Location ndash Air monitoring should be considered where the asbestos removal work is being undertaken in

or next to a public location

Exposure air monitoring ndash Air monitoring should be carried out at other times to determine a workerrsquos exposure

to airborne asbestos if based on reasonable grounds there is uncertainty as to whether the exposure standard

may be exceeded and a risk assessment by a competent person indicates it is necessary Since most uses of

asbestos are prohibited exposure monitoring should not be required frequently

The results of air monitoring will be made available as soon as possible to all workers on site The asbestos

supervisor will be notified immediately if the fibre count exceeds the recommended level in the Exposure

Standards for Asbestos as set out in the National Code of Practice How to safely remove asbestos

10 Clearance

Following removal of asbestos ACM the licensed asbestos removalist will arrange for a clearance inspection of the

area to facilitate the issue of a clearance certificate and allow construction to recommence in the affected area

The clearance inspection is conducted by

an independent licensed asbestos assessor for work that was carried out by a Class A licensed asbestos

removalist

an independent competent person for asbestos work that is not required to be carried out by a Class A licensed

asbestos removalist

To be independent the licensed asbestos assessor must not be involved in the removal of asbestos for that specific

job and is not involved in a business or undertaking involved in the removal of the asbestos for that specific job

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A clearance certificate will be issued if the independent licensed asbestos assessor or competent person is satisfied

that the asbestos removal area and the immediate area are free from visible asbestos contamination Entry to the

area will be permitted following confirmation of certification

11 Decontamination

Decontamination of site personnel PPE and tools used in asbestos removal work will minimise exposure and spread

of asbestos outside of the removal area

Personal decontamination will occur every time a worker leaves the asbestos removal work area and involves

removal of all visible asbestos dustresidue from PPE and Respiratory Protective Equipment using an asbestos

vacuum cleaner and or wet wiping with a damp cloth Disposable PPE is considered asbestos waste and will be

disposed of at an appropriate waste facility Non-disposable protective clothing will be laundered in a suitable

laundering facility that is equipped to launder asbestos-contaminated clothing

Workers must be aware of personal hygiene and ensure that they carefully wash when leaving an asbestos removal

area paying particular attention to hands fingernails face and head

Tools will be dismantled (where appropriate) cleaned under controlled conditions and decontaminated prior to

removal from the area or disposed of at a suitable off site location

12 Stockpile Management

The following contingency measures will be put in place for any temporary stockpiling of asbestos contaminated

soils

All asbestos contaminated stockpiles will be separated by lot numbers and sign posted to avoid any cross

contamination

Any temporary stockpiles of asbestos contaminated soil will be maintained under moist conditions and remain

covered at all times

Sediment controls will be installed downslope of all contaminated soil stockpiles

In order to confirm that all contaminated soil has been removed validation sampling beneath stockpiles will

occur by an Environmental Consultant

13 Asbestos contaminated soil for reuse onsite

Stockpiled asbestos containing soils will be assessed for beneficial re-use with the Site (NEPC 2013) Any soils

identified to contain asbestos with concentrations of bonded ACM less than the NEPC (2013) Health Screening Level

(HSL)-D applicable for the future commercial industrial land use could be reused onsite providing the following

Placement in a designated location preferably beneath a road alignment or other suitably capped area (min

300 mm lsquocleanrsquo (ie ENMVENM soils) to eliminate any potential airborne exposure pathway

Occupational hygienist and asbestos removalists on-site supervising relocation and placement

Maintenance of an Site Asbestos Register to record the extent nature of the ACM materials retained or

identified on-site

Any other requirements by Sydney Metro such as adherence to the CEMP etc and or land conditions

A Long-term Environmental Management Plan to manage the presence of asbestos impacted materials remaining

on-site would be required if the proposed soils to be re-used are exceeding the HSL-D limits for non-friable or

friable asbestos

If stockpiled soils are identified to contain any detectable concentrations of Friable asbestos material is

recommended to be disposed off-site given its friable nature

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14 Waste disposal

Where the ACM is assessed as non-suitable for onsite reuse the licensed asbestos removalist will classify and dispose

of the ACM at a licensed asbestos waste disposal site in accordance with NSW EPA guidelines (including Waste

Classification Guidelines (EPA 2014)) and relevant industry codes of practice

Disposal of ACM will be to an approved asbestos waste facility listed on the NSW EPA website The transportation of

asbestos waste by trucks must comply with the following requirements

Transporter must have the appropriate EPA license to transport asbestos waste

Asbestos contaminated soils are wetted down

Any part of any vehicle in which a person transports asbestos waste is covered and leak proof during

transportation

Georgiou will notify the Client prior to removal of ACM from site and will provide details of the proposed method

and location of disposal Georgiou will maintain records of all asbestos ACM disposed off site the location of the

facility at which it was disposed and any receiptcertificate issued by the facilitydisposal authority

15 Materials Tracking

A Material tracking Register will be used to ensure information is collected for the movement of all asbestos

contaminated soils The material is carefully inspected ensuring the following information is recorded

Source identification

Contamination assessment results

Waste classification report ndash if unsuitable for onsite reuse

Volume of material (survey)

Destination identification (survey)

This register will track the movement of soils between excavation and final deposition this includes stockpiling

and testing and suitability classification will be recorded

In addition to this register a stockpile location map will be used to show the location of asbestos contaminated soil

stored onsite at the stockpile area The stockpile number on the map will correspond with the information in the

register

16 Training

All site personnel (including sub-contractors) will undertake an induction to ensure that they understand the

potential risks associated with asbestos management locations of asbestos as detailed in previous contamination

assessment reports and this unexpected finds procedure

A specific unexpected contamination finds toolbox will be conducted with all workers involved with excavation

works and include the unexpected asbestos finds procedure Prior to commencement of each shift the Supervisor

will inform all site personnel of any works involving contaminated materials on site

17 Review

This Plan will be reviewed in the following circumstances

Following a site inspection or work review that highlights an unexpected risk associated with the

implementation of this procedure

Following a change in legislation

Following a change in construction methods

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Appendix 9 ndash Sydney Metro Incident and non-compliance reporting procedure

Unclassified

Unclassified

Environmental Incident and Non-

compliance Reporting Procedure SM-17-00000096

Sydney Metro Integrated Management System (IMS)

Applicable to Sydney Metro

Document Owner Manager Environment

System Owner Executive Director Safety Sustainability amp Environment

Status FINAL

Version 51

Date of issue 18 February 2019

Review date 11 February 2020

copy Sydney Metro 2019

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 2 of 19

Environmental Incident and Non-compliance Reporting Procedure

Table of contents 1 Purpose and scope 4

2 Introduction 4

3 Definitions 4

4 Accountabilities 5

5 Environmental Events 5

51 Worked Example ndash Classifying Environmental Events 7

511 Soil and Water Issue 7

512 Soil and Water Non-compliance 7

513 Soil and Water Incident 7

52 Notifiable Events 8

53 Event Types 8

6 Environmental Incident Classification and Management 10

61 Incident Classification 11

611 Class 3 Incidents 11

612 Class 2 Incidents 11

613 Class 1 Incidents 12

62 Incident Notification 12

621 Principalrsquos Representative (PR) 12

622 Environmental Lead (EL) 13

63 Incident Notification Reports 14

64 Incident Investigations 14

65 Environmental Incidents with Health and Safety Impacts 14

66 Reporting Pollution Incidents to Relevant Authorities 15

661 Maritime Related Incident Notification and Reporting 16

67 Environmental Compliance Register 16

7 Environmental Non-compliance 17

71 Non-compliance Rate 17

8 Corrective and Preventative Actions 18

81 Action Status 18

9 Related Documents and References 19

10 Superseded Documents 19

11 Document History 19

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 3 of 19

Environmental Incident and Non-compliance Reporting Procedure

Figures Figure 1 Environmental Event Classification Process 6 Figure 2 Environment Incident notification process for Class 1 and 2 Incidents 13

Tables Table 1 Examples of Notifiable Events 8 Table 2 Environmental Event Types and their descriptions 9 Table 3 Examples of Environmental Incidents 10 Table 4 Classification System for Environmental Incidents 11 Table 5 Contact details for Relevant Authorities 15

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 4 of 19

Environmental Incident and Non-compliance Reporting Procedure

1 Purpose and scope

This procedure documents the process to be used when classifying and reporting Environmental Events

This procedure applies to Sydney Metro and any contractor Sydney Metro engages to carry out works Principal Contractors must ensure their processes for managing Environmental Events is consistent with this document The requirement for consistency is documented in the Construction Environmental Management Framework (Section 33(f)) and shall be allocated as a contractual requirement to each delivery partner

2 Introduction

Sydney Metro is committed to minimising risks to the environment the rapid identification and rectification of breaches to Environmental Requirements and efficient and effective responses to Environmental Incidents that grows our ability to minimise harm and prevent future re-occurrences

This procedure defines an approach to classifying Environmental Issues Incidents and Non-compliances and establishes the immediate interim and long term actions that are taken in response to Environmental Events

3 Definitions

All terminology in this Procedure is taken to mean the generally accepted or dictionary definition with the following exceptions

Term Definition

Environment

means components of the earth including

a) land air and water and

b) any layer of the atmosphere and

c) any organic or inorganic matter and any living organism and

d) human-made or modified structures and areas and includes interacting natural ecosystems that include components referred to in (a)-(c)

Environmental Event

An occurrence that identifies actual or potential environmental impacts or non-compliances Events cans include conversations inspections incidents or failures of process

Environmental Harm Includes any direct or indirect alteration of the environment that has the effect of degrading the environment and without limiting the generality of the above includes any act or omission that results in pollution

Environmental Incident

An occurrence or set of circumstances as a consequence of which pollution (air water noise and land) or an adverse environmental impact has occurred or is likely to have occurred

Environmental Issue An occurrence or set of circumstances where Environmental Harm or Non-compliance could occur if not rectified

Environmental Non-compliance

A breach of an Environmental Requirement originating from Planning Approvals Environment Protection Licenses lease agreements and other requirements documented in environmental management plans

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 5 of 19

Environmental Incident and Non-compliance Reporting Procedure

Term Definition

Material Harm to the Environment

harm to the environment is material if

a) it involves actual or potential harm to the health or safety of human beings or to ecosystems that is not trivial or

b) it results in actual or potential loss or property damage of an amount or amounts in aggregate exceeding $10000 (or such other amount as is prescribed by the regulations) and

c) loss includes the reasonable costs and expenses that would be incurred in taking all reasonable and practicable measures to prevent mitigate or make good harm to the environment

It does not matter that harm to the environment is caused only in the premises where the pollution incident occurs

Terms and jargon specific to this procedure are defined within the Sydney Metro Glossary

4 Accountabilities

The Executive Director Safety Sustainability amp Environment is accountable for this Procedure Accountability includes authorising the document monitoring its effectiveness and performing a formal document review

Direct Reports to the Chief Executive are accountable for ensuring the requirements of this document are implemented within their area of responsibility

The Direct Reports to the Chief Executive who are accountable for specific projectsprograms are accountable for ensuring associated contractors comply with the requirements of this document if specified in the relevant contracts

5 Environmental Events

Environmental surveillance data is relied upon to inform Sydney Metro of performance trends to provide assurance that legislative requirements are being met and indicate where surveillance activities should be directed In order to rely upon environmental data for this purpose there needs to be a high degree of consistency in the manner by which it is collected and interpreted Due to the need for consistency any incidentNon-compliance procedure produced by a delivery partner to Sydney Metro is required to be consistent with the requirements of this document

The concept of Environmental Events forms a common starting point for understanding what types of occurrences should be managed and reported as Incidents and what should be reported as Non-compliances or Issues When an Environmental Event occurs a series of questions can be asked to consistently determine what type of event it is Commonly Environmental Events lead to three different processes

1 Reporting of an Environmental Incident

2 Reporting of an Environmental Non-compliance or

3 Reporting of an Environmental Issue

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 6 of 19

Environmental Incident and Non-compliance Reporting Procedure

Incidents and Non-compliances are recorded using the Environmental Incident and Non-compliance Report Form (SM ES-FT-403) and Environmental Issues are recorded through environmental inspection reports using the Environmental Inspection Information amp Summary Form (SM ES-FT-406) These paper based records are subsequently entered into the Sydney Metro Compliance Register (Section 67) which is used to disseminate the data and facilities reporting internally and externally Note where a Principal Contractor has submitted alternative processes and these have been approved by Sydney Metro they may also be used

The figure below shows the process by which Environmental Events are classified (Figure 1)

Figure 1 Environmental Event Classification Process

Where Environmental Harm has been caused the event will always be classified as an Environmental Incident regardless of whether one or more Environmental Requirements have been breached Only when an event occurs without harm being caused to the environment will it be classified as a Non-compliance or Issue It should be noted that the Incident management process still captures any breaches of Environmental Requirements and these incidents contribute towards the calculation of the NC Rate (Section 71)

This flowchart above is intended to be a guide and there may be situations where it is unclear exactly how an Environmental Event should be classified In these situations a judgement call should be made in consultation with your Manager

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 7 of 19

Environmental Incident and Non-compliance Reporting Procedure

51 Worked Example ndash Classifying Environmental Events

This Section provides a fictitious example of Environmental Events which fall into each of the three different categories The situations outlined below are provided to explain how event classifications are made The background for these worked examples is as follows

Sydney Metro is carrying out works in a newly established site and substantial earthworks are occurring to construct piers for an elevated viaduct A nearby creek contains a variety of important fish species and the local community are known to use this creek for recreational fishing The Environmental Impact Statement identified the creek as being at risk of increased sedimentation from dirty water run-off and the Conditions of Approval include a requirement to have a Progressive Erosion and Sediment Control Plan in place This plan has been produced and indicates that sediment fences must be in place at specific locations to capture dirty water run-off Regular daily inspections of the sediment controls are carried out by the contractorrsquos Environment Manager and an Independent Environmental Representative has commenced a monthly inspection on this site at 7 am on Thursday morning

511 Soil and Water Issue

The Environmental Representative notices a sediment fence has been knocked over in one of the areas indicated as requiring fencing on the ERSED plan It appears to have occurred recently and there is no record of rainfall in the last few days During the course of the inspection all other ERSED controls appeared to be in good condition and erected in accordance with the requirements of the Blue Book In this example no harm has yet been caused and no environmental requirement has been breached so the event is classified as an Environmental Issue which is raised on the inspection report with an action to reinstall the fence

512 Soil and Water Non-compliance

Alternatively the Environmental Representative might have noticed many sediment fences had been knocked down and in some areas an absence of sediment fences where the plan indicates they are required Despite there being no rain in recent days the Environmental Representative concludes that the requirements of the plan are not being followed and have been breached The event is raised as non-compliance and actions are set in place to re-enforce the requirements of the ERSED plan for that sites workforce as well as the immediate reinstatement of controls

513 Soil and Water Incident

Finally in a third scenario the Environmental Representative notices many sediment fences are down and some are absent where required by the plan However significant rainfall has occurred in recent days and the Environmental Representative determines that it is likely dirty water has escaped through the area into the nearby creek potentially causing harm to the fish population This event is classified as an Incident by the inspector and immediate notification is undertaken Similar controls are implemented as described above

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

52 Notifiable Events

There are a number of Acts and regulations that include a specific requirement to notify a Regulatory Authority When an Environmental Event triggers one of these notification requirements we then also refer to that event as a Notifiable Event (Table 1)

The Principal Contractorrsquos Environment Manager must determine whether an event is notifiable and may rely upon advice from Sydney Metro if it is provided

Table 1 Examples of Notifiable Events

Event type Legislation Trigger for Notification

Pollution Incident

1

POEO Act 1997 Part 57 Where Material Harm has occurred contact the EPA Pollution Line as soon as practicable POEO (General)

Regulation 2009 Section 101

Land contamination

Contaminated Land Management Act 1997

Section 60(1)

As soon as practicable after becoming aware of contamination that exceeds the relevant investigation levels in the National Environment Protection Measure where a person has or will be exposed to the contamination

Discovery of an Aboriginal relic

National Parks amp Wildlife Act 1974

Section 89A

Director General of EPA in writing within a reasonable time after becoming aware Note this is not required for Projects approved under Part 52 of the Environmental Planning and Assessment Act (see section 115ZG) Notification and reporting is addressed in the relevant Infrastructure Approval

Discover Aboriginal Remains

Commonwealth Aboriginal amp Torres Strait Islanders Heritage Protection Act 1984

Section 20 Commonwealth Minister of the Environment in writing as soon as practicable after becoming aware

Discovery of a relic

Heritage Act 1977 Section 146

Heritage Council in writing within a reasonable time after becoming aware

Note -this is not required for Projects approved under Part 52 of the Environmental Planning and Assessment Act (see section 115ZG) Notification and reporting is addressed in Infrastructure Approvals

53 Event Types

Each Environmental Event is assigned a secondary classification of an Event Type for the purpose of data analysis and general environmental management They are grouped by areas of environmental management so that targeted auditing training or awareness initiatives can be initiated in response to emergent trends Each Event Type is explained in Table 2

1 Further information on reporting pollution incidents to EPA is provided in Section 66 Environmental

IncidentNon-compliance Report

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

Table 2 Environmental Event Types and their descriptions

Event Type

Applies To

Description Issue Incident

Non-compliance

Soil and Water bull bull bull

Covers the physical location chemical composition and ecology of soils and waterways Any event which changes these compositions is a Soil and Water event Within this event type all instances of contamination erosion and sedimentation of waterways is covered

Flora and Fauna bull bull bull Covers vegetation and vegetation communities as well as animals and animal habitat Any event where vegetation is felled or damaged animals are killed or injured or habitat is harmed or destroyed is covered

Waste and Spoil bull bull bull

Covers the management of Excavated Natural Material (ENM) and Virgin Excavated Natural Material (VENM) including on-site management and disposal and also the classification and management of Waste materials

Note that the transportation of spoil is covered under Traffic Transport and Access

Heritage bull bull bull Covers the management of known heritage artefacts or sites and the treatment of unexpected finds archaeological investigations and other impacts

Air Quality bull bull bull Covers the management of emissions of particulate matter odours and gasses used as air quality parameters from worksites

Noise and Vibration bull bull bull

Covers the management of airborne and ground borne noise and vibration and includes hold points on the commencement of any work where Out of Hours Works permits or Construction Noise Impact Statements are required

Community Stakeholder and Business

bull bull bull Covers the management of Community and Stakeholder requirements and includes complaint response procedure community management protocols and the maintenance of information on websites

Traffic Transport and Access bull bull bull

Covers the management of traffic inside and outside of sites including access points and parking requirements This event type also covers any requirements in relation to vehicles and vehicle maintenance or the transportation of waste and spoil

Spills and Leaks bull bull bull

Covers all instances where environmentally sensitive substances are held within a container which has the potential to leak or spill and covers pipes hoses fuel tanks storage tanks and plastic containers

Note Spills and Leaks specifically exclude anything in relation to the transport and deposition of sedimentation

Management Systems bull bull bull

Covers procedural or administrate processes that are common across all areas It specifically does not cover procedural or administrate processes which are unique to any of the other event types For example not completing a vegetation removal form prior to vegetation clearing is still a Flora and Fauna event

Note A good example of a Management Systems NC would be not reporting an Environmental Incident within required timeframes

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

6 Environmental Incident Classification and Management

Sydney Metro has defined an Environmental Incident as

An occurrence or set of circumstances as a consequence of which pollution (air water noise and land) or an adverse environmental impact has occurred or is likely to have occurred

Adverse environmental impact includes contamination harm to flora and fauna (either individual species or communities) damage to heritage items or adverse community impacts

Planning Approvals and Environment Protection Licences permit some environmental impacts and these are not intended to be captured as Environmental Incidents

Table 3 Examples of Environmental Incidents

Type Example Incident

Air Quality Odour that travels beyond the site boundary

Air Quality Dust exceeding reasonable levels without active management measures in place

Air Quality Operation or maintenance of plant in a manner that causes or has likely caused excessive air pollution

Soil and Water Discharge of water on or off site in a manner that causes or has likely caused water pollution without required approvals

Noise and Vibration Noise that travels beyond the site boundary as a result of poorly maintained plant or operation of plant in an inefficient manner

Noise and Vibration Failure to comply with the approved hours of work

Soil and Water

Where the chemical composition of soil or water has been detrimentally modified by a contaminant leading to potential or actual environmental harm For example rainfall causes a flow of water across a site that erodes soil and enters a waterway increasing the total suspended solids of that water body

Spills and Leaks

Where a substance has leaked from or spilt from a container that is designed to prevent that substance from escaping into the environment (including bunds fuels tanks chemical bottles and other containers)

Spills and Leaks specifically exclude anything in relation to the transport and deposition of sedimentation

Soil and Water Dispose of waste in a manner that harms or is likely to harm the environment

Flora and Fauna Harm or ldquopickrdquo a threatened species endangered population or endangered ecological community without required approvals

Flora and Fauna Damage to vegetation fauna or habitat including watercourses without required approvals

Heritage Damage disturbance destruction or works to heritage itemsrelics without required approvals

Heritage Damage disturbance or destruction of Aboriginal objects or places without required approvals

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 11 of 19

Environmental Incident and Non-compliance Reporting Procedure

61 Incident Classification

Environmental Incidents are classified into one of three Classes that are based upon the consequence descriptors for environmental risks in the Sydney Metro Risk Matrix (refer to Sydney Metro Risk Management Standard) Each of these classifications trigger a variety of management actions andor legislative requirements depending on the severity of the consequence described where Class 3 represents minor consequences and Class 1 represents major consequences

This matrix is further sub-divided into consequence ratings ranging from C6 (low impact) to C1 (high impact) An incident transitions between a Class 3 to a Class 2 incident once material harm has been caused and transitions into a Class 1 incident once it is determined that the Environmental Harm caused in large-scale and cannot be remediated (Table 4)

Table 4 Classification System for Environmental Incidents

Class 3 Class 2 Class 1

C6 C5 C4 C3 C2 C1

No appreciable changes to

environment andor highly

localised event

Change from normal conditions

within environmental

regulatory limits and environmental effects are within site boundaries

Short-term andor well-contained environmental effects Minor

remedial actions probably required

Impacts external ecosystem and considerable

remediation is required

Long-term environmental impairment in

neighbouring or valued

ecosystems

Extensive remediation

required

Irreversible large-scale

environmental impact with loss of

valued ecosystems

611 Class 3 Incidents

These Incidents are events which cause Environmental Harm but do not cause Material Harm to the environment Normally Class 3 Incidents are not Notifiable Events and therefore a simple notification protocol is adopted whereby Sydney Metro must be notified within 48 hours verbally and in writing

In some cases it will be unclear whether Material Harm has been caused in the early stages of Incident Management If this is the case then the process for Class 2 Incidents is followed (see Section Class 2 Incidents) until it is clear that Material Harm has not been caused

A formal Incident Investigation report is not required for Class 3 Incidents however it is expected that the person responsible for completing the Incident Notification Report makes appropriate enquiries to determine the likely causal factors involved and assigns effective corrective actions

612 Class 2 Incidents

These Incidents are events which cause Material Harm to the environment and they always trigger notification of Regulatory Authorities These Incidents represent events that are far more serious than Class 3 Incidents and therefore strict communication protocols are required to ensure that effective and informed decisions are made (Figure 2)

The Environmental Lead contract Environment Manager and the Independent Environmental Representative must be notified verbally as soon as possible after the observer becomes aware of a Class 2 Incident

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

Class 2 Incidents must be investigated and the investigation must produce an investigation report containing corrective or preventative actions This investigation report must be provided to Sydney Metro within 7 days of the event unless another timeframe is agreed with the EL

Despite any arrangements for the submission of investigation reports an Incident Notification Report must be provided with all available information and submitted to Sydney Metro within 48 hours It is not expected that initial Incident Notification Reports for Incidents under investigation initially include actions as these will be informed by the findings of the investigation The report should be updated with actions resulting from the investigation when available

613 Class 1 Incidents

Class 1 Environmental Incidents are managed in the same manner as Class 2 Incidents expect where a determination is made by the Chief Executive (or delegate) that a Crisis Management Team should be activated In this situation the Sydney Metro Crisis Management Implementation Plan is followed

62 Incident Notification

When and Environmental Event occurs which causes Environmental Harm in all cases both verbal and written communication of the incident must be carried out immediately and within 48 hours respectively For Class 1 and 2 Incidents the notification process shown in Figure 2 must be followed Written communication of Environmental Incidents is via an Incident Notification Report (Section 63)

This process includes specific roles and responsibilities within Sydney Metro and our delivery Partners who are required to take notification actions in response to Incidents

This notification process has been developed to ensure that crucial information about Incidents is captured early and communicated to specific individuals who can ensure the Environmental Impacts are minimised and efficient and effective responses to the event are implemented

In particular the Principals Representative and the Environmental Lead for Sydney Metro play a crucial role in the communication of Incidents within Sydney Metro and these roles are explained in more detail below

621 Principalrsquos Representative (PR)

Each works package establishes a contractual interface for communication between the contracted party and Sydney Metro Generally this interface is between the Principal Contractors Project Director and an appointed representative of Sydney Metro called the Principals Representative

All formal written communications must pass between these two individuals electronically using TeamBinder The Principals Representative holds certain responsibilities in the Incident management Process outlined in Figure 2

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

622 Environmental Lead (EL)

Where this procedure is applied to a works package an Environmental Lead (EL) will be selected for the relevant works package The Environmental Lead must possess environmental experience and competency in managing Incidents and be a representative of Sydney Metro for those works This representative holds specific responsibilities outlined in Figure 2

Figure 2 Environment Incident notification process for Class 1 and 2 Incidents

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 14 of 19

Environmental Incident and Non-compliance Reporting Procedure

63 Incident Notification Reports

For all Incidents an Incident Notification Report must be completed and submitted to Sydney Metro within 48 hours These reports satisfy the requirement for written communication to Sydney Metro and are completed using the Environmental Incident and Non-compliance Notification Report (SM ES-FT-403) or a similar and consistent form approved by Sydney Metro

64 Incident Investigations

Environmental Incident Investigations must be carried out for all Class 1 and Class 2 Incidents Investigations may also be requested for any other Environmental Event at the discretion of Sydney Metro This discretion is likely to be exercised where incidents of a similar nature are occurring repetitively

When conducting an Environmental Incident investigation they must

Be led by a lead investigator who is suitably independent investigator capable of arriving at objective findings and is experienced in conducting environmental incident investigations

Consider the need for legal privilege during the investigation process in consultation with legal counsel

Be informed by all available information that is relevant to the investigation

Analyse the timeline of events which led up to and followed the occurrence of Environmental Harm including the immediate incident response

Be conducted in a manner that is consistent with recognised investigation techniques such as ICAMS

Gather and record evidence

Seek the input of key stakeholders and

Identify Preventative and Corrective actions and document these in the Incident Notification Report

65 Environmental Incidents with Health and Safety Impacts

It is possible that where an Event occurs that causes Environmental Harm harm is also caused to the health safety or wellbeing of people In these situations there will also be a Health and Safety Incident process undertaken which is separate to the process outlined in this document

While the definition of the Environment covers people under the POEO Act the management of impacts upon them are carried out using the Health and Safety Incident Management protocols This is because Health Safety and Wellbeing requirements are governed by a range of legislation other than the POEO Act and this procedure is not comprehensive in that regard Sydney Metro has well established processes to manage impacts on people without the need for the Environmental Incident Process to intervene

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 15 of 19

Environmental Incident and Non-compliance Reporting Procedure

Furthermore where Environmental Events cause harm to both the lsquoenvironmentrsquo and people it is possible that the root causes for the respective impacts are different It is also possible that differences in the severity of the impacts trigger inconsistent notification requirements and investigation levels It is prudent to identify appropriate and effective corrective actions that reduce the risk of impacts to both people and the environment therefore separate Incident Management Processes are undertaken in these situations

For more detail on the management of Health and Safety Incidents please refer to the Health amp Safety Incident Reporting amp Investigation Standard (SM-17-00000040)

66 Reporting Pollution Incidents to Relevant Authorities

If an Incident or Non-compliance is a Notifiable Event then a report must be provided to the relevant Regulatory Authority within the timeframe(s) specified by the relevant legislation Pollution Incidents which are causing or threatening Material Harm to the environment must be reported to each of the following authorities immediately after project personnel become aware of the Incident as required by Section 148 of the POEO Act 1997 The contact numbers for these authorities are listed in Table 5

Table 5 Contact details for Relevant Authorities

Type Example incident

EPA Environment Line 131 555

Local Authority Local Council (specific to area)

Ministry of Health Public Health Unit (refer to httpwwwhealthnswgovauPagesdefaultaspx to confirm local area contact details)

SafeWork NSW 131 050 or contactsafeworknswgovau

Fire and Rescue NSW 000

Relevant information required to be given to EPA when making a notification is specified in Section 150 of the POEO Act 1997 as follows

Time date nature duration and location of the incident

Location of the place where pollution is occurring or is likely to occur

Nature the estimated quantity or volume and the concentration of any pollutants involved

Circumstances in which the Incident occurred (including the cause of the Incident if known)

Action taken or proposed to be taken to deal with the Incident and any resulting pollution or threatened pollution and

Other information prescribed by the regulations

All relevant information known at the time of making the notification must be reported If the information required by (c) (d) or (e) above is not known at the time of initial notification but becomes known afterwards it must be reported to each authority immediately after it

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

becomes known Verbal notification must be followed by notification in writing within seven days of the date on which the Incident occurred

Pollution Incidents are not required to be reported if the Incident has already come to the attention of the EPA or the Incident involves only the emission of an odour

Failure to report a pollution Incident as required by the POEO Act 1997 is an offence

Where any work or activity is regulated by an Environment Protection License (EPL) notification of a pollution Incident to the EPA should be made by the licensee Thus where the contractor holds the EPL for the project notification to EPA shall be made by the contractor

For any work or activity that is not regulated by an EPL notification of pollution Incidents to EPA shall be made by Sydney Metro unless the contractor is instructed otherwise by Sydney Metro This includes pollution Incidents that occur as a result of pre-construction activities which may be undertaken prior to an EPL being required for a project Pre- construction activities are determined by the Planning Approval and may include for example geotechnical investigations or surveys

Where the Environmental Representative determines there to have been a significant off-site impact on people or the biophysical environment the program Director Sustainability Environment and Planning will notify the Secretary of the Department of Environment and Planning within 48 hours in accordance with Project Infrastructure Approval Conditions This notification will be followed by a full written report within seven days of the date on which the incident occurred

661 Maritime Related Incident Notification and Reporting

Marine Incidents involving vessels and personnel on board vessels must be reported to the Australian Maritime Safety Authority in accordance with the guidance published on their website at

Australian Maritime Safety Authority Incident Reporting and

Reporting obligations of owners and masters of domestic commercial vessels

67 Environmental Compliance Register

The Environmental Compliance Register is used to manage the information associated with reporting of Environmental Events This register is maintained by the Manager Environment and may be used by a variety of individuals to input data For access to the register or information on its use contact the Manager Environment

This register analyses the data it contains and produces environmental compliance statistics that are used to meet a range of reporting and environmental management requirements

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

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Environmental Incident and Non-compliance Reporting Procedure

7 Environmental Non-compliance

An Environmental Non-compliance is a breach of an Environmental Requirement originating from Planning Approvals Environment Protection Licenses lease agreements and other requirements documented in environmental management plans It is important to note that regardless of whether an event is classified as a Non-compliance or an Incident the process behind managing the event remains the same with the following exceptions

Non-compliances are not notifiable to Regulatory Authorities under the POEO Act

Non-compliances are reported to have occurred on the day the breach was raised as opposed to the date when the requirement was breached (this is to preserve historical reporting and analysis ndash see Section 71)

Non-compliances are not divided into severity classes (Section 52)

Non-compliances do not have the potential to trigger crisis or emergency management processes and

There is an informal notification process in the immediate timeframe following a Non-compliance being raised

When an Environmental Event occurs that causes Environmental Harm and also breaches one or more Environmental Requirements then an Incident Notification Report will be created which records what requirements were breached

If a Non-compliance is identified then it must be raised using the Environmental Incident and Non-compliance Report Form within 48 hours by the party responsible for the breach

71 Non-compliance Rate

A key environmental performance statistic used by Sydney Metro is the Non-compliance Rate This statistic provides a standardised way of comparing the performance of different projects or contractors The NC Rate is calculated using the following formula

= (119873119862119904 + 119868119899119888119894119889119890119899119905119904 119908119894119905ℎ 119887119903119890119886119888ℎ119890119904 119903119886119894119904119890119889 119894119899 119898119900119899119905ℎ) + (119874119901119890119899 119873119862119904 + 119874119901119890119899 119868119899119888119894119889119890119899119905119904 119908119894119905ℎ 119887119903119890119886119888ℎ119890119904 119891119903119900119898 119901119903119890119907119894119900119906119904 119898119900119899119905ℎ119904)

119879119900119905119886119897 119873119906119898119887119890119903 119900119891 119874119899119892119900119894119899119892 119877119890119902119906119894119903119890119898119890119899119905119904) 119883 100

Each month a count of the number of NCs raised and Incident raised where Environmental Requirements have also been breached is counted Added to this number is the number of these events which were raised in previous months that still held an Open status in the current reporting period Non-compliance and incident Events are considered Open if any of the associated Actions are Open The total is divided by the number of Environmental Requirements which are actively being complied with (Ongoing Requirements) and a multiplying factor of 100 is applied

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 18 of 19

Environmental Incident and Non-compliance Reporting Procedure

8 Corrective and Preventative Actions

Whenever an Environmental Event is raised actions will be assigned to the event irrespective of whether it is an Issue Incident or Non-compliance These actions will generally be Corrective Actions which are implemented to eliminate the cause of the Incident Non-compliance or Issue and can be thought of as reactive measures in response to the Environmental Event

Preventative Actions may also be assigned to prevent the occurrence of an Incident Non-compliance or Issue and can be considered pro-active measures which may be recommended following a detailed investigation of the event

Actions must

Limit impacts as far as is reasonably practicable

eliminate risk where practicable

where is it not practicable to eliminate the risk follow the hierarchy of controls

address root causes and contributing factors and

be prioritised based on risk

The Executive Director Safety Sustainability amp Environment must ensure there are systems in place to

monitor corrective action status

escalate issues to the executive where progress on a corrective action is inadequate and

retain all corrective action responses for recording purposes

81 Action Status

Actions are allocated to a person who will take accountability for ensuring it is carried out within a timely manner and completed by the due date

Actions are either closed immediately if the Action has already been carried out and verified by Sydney Metro or are created with an open status The Action will remain in an open state until such a time as Sydney Metro verifies that the responsible person has completed the Action in a satisfactory manner Until all actions associated with an Incident Non-compliance or Issue are closed the original Environmental Event is considered to be open as well This is relevant when calculating the NC Rate as open Non-compliances and Incidents contribute toward the calculation of this statistic

Verification is determined by the Environmental Lead by sighting evidence of the Actions implementation

Unclassified

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2019 Unclassified Page 19 of 19

Environmental Incident and Non-compliance Reporting Procedure

9 Related Documents and References

10 Superseded Documents

11 Document History

Related Documents and References

Environmental amp Sustainability Management Manual

Risk Management Standard

Health amp Safety Incident Reporting amp Investigation Standard (SM-17-00000040)

Crisis Management Implementation Plan

Environmental Incident and Non-compliance Notification Report

Environmental Inspection Information amp Summary

Sydney Metro Glossary

Superseded Documents

There are no documents superseded as a result of this document

Version Date of approval Notes

10 31 March 2015 New document

20 7 July 2016 IMS Review

30 7 April 2017 IMS Review

40 23 November 2018 IMS Review

50 11 February 2019 IMS Review

51 18 February 2019 Minor correction to formula

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 79 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 10 ndash Sydney Metro Environmental Inspection template

Sydney Metro ndash Integrated Management System (IMS)

(Uncontrolled when printed)

copy Sydney Metro 2016 CEMP Appendix 10 - Sydney Metro Inspection template Page 1 of 1

Environmental Inspection Report Template

Contract

Contractor Date

Inspection Number Time

Location

Weather

Attendees

Site Activities

Item No

Key Issues Action Party

Priority

(L M H)

Inspection by

Name Title Signature

Date

Copy to

- All attendees

-

-

-

GC-HSE-PLA-437 Uncontrolled when saved or printed

Always refer to GENIE for latest version

Page 80 of 80

12082020 Ver 30 Print Date 17-Nov-20

CEMP Bays Road Relocation Works

Appendix 11 ndash Georgiou Environmental Policy

COMPANY POLICY

Rob Monaci Chief Executive Officer Georgiou Group September 2020

ENVIRONMENTAL

Georgiou is committed to minimising where reasonably practicable its impact on the natural environment and social surroundings for the benefit of current and future generations while enhancing Georgioursquos environmental performance

In order to achieve this commitment Georgiou will

set environmental objectives and targets applicable to the aspects and potential impacts of projects and facilities

establish positive relationships with community and stakeholders

comply with all applicable environmental laws regulations statutory obligations and client environmental requirements

identify significant environmental aspects and develop effective and appropriate mitigation measures to minimise environmental impacts

provide measures to protect heritage biodiversity land and waterways

manage potential community impacts related to air quality noise and vibration

practice responsible resource use and waste management including the promotion of efficient use reuse and recycling of resources

implement and maintain Georgioursquos management system and practices to meet its business needs ASNZS ISO 14001 client and other obligations and

hold employees and subcontractors accountable for proactively meeting their environmental responsibilities

Achieving these commitments is fundamental to demonstrate a positive impact on the environment and communities associated with Georgioursquos activities and developments All employees and persons who work with Georgiou have a personal responsibility for implementing this Policy

SAFE

TY |

PRO

FIT

| RE

LATI

ON

SHIP

S |

PEO

PLE

| IN

NO

VAT

ION

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