Sydney Water€¦ · • a new WWPS and chemical dosing unit in Bargo • approximately 2.3km transfer main from the WWPS to a new Water Recycling Plant (WRP) • a new WRP and access

Prepared for

Sydney Water

Review of Environmental Factors

Bargo Wastewater Scheme

FINAL

�� January "#�$ Reference: &$$''#

January 2013 Ref: 433990 i

Final

Sydney Water Corporation

Review of Environmental Factors – Bargo Wastewater Scheme

CH2M HILL Australia Pty Ltd

Level 7, 9 Help Street

Chatswood NSW 2067

PO Box 5392

Chatswood NSW 1515

Tel 61 2 9950 0200

Fax 61 2 9950 0600

This document may only be used for the purpose for which it was

commissioned; and in accordance with the Terms of Engagement

for the commission.

January 2013 Ref: 433990 iii

Final



DOCUMENT CONTROL SHEET

CH2M HILL Australia Pty Limited

Level 7, 9 Help Street Project No: 433990

P O Box 5392

Chatswood NSW 2067 Report No: 1

Telephone: 61 2 9950 0200 Original Date of Issue: 9 November 2012

Fax: 61 2 9950 0600 Project Leader: Emma Hale

REPORT DETAILS

Title: Review of Environmental Factors Bargo Wastewater Scheme

Author(s): Suzanne May

Client: Sydney Water

Client Contact: Cathy O’Rourke

Synopsis: A Review of Environmental Factors for the Bargo Wastewater Scheme.

REVISION / CHECKING HISTORY

REVISION

NUMBER

DATE

REVIEWED BY

APPROVED FOR ISSUE

DISTRIBUTION – NUMBER OF COPIES

Client

Council

Other

CH2M File

Draft 1 09/11/12 Peter Carson Peter Carson 1 0 0 1

Draft 06/12/12 Peter Carson Peter Carson 1 1

Final 10/01/13 Erin Kelley Peter Carson 1 1

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Executive summary

Introduction

The Priority Sewerage Program (PSP) aims to provide improved wastewater services to unsewered

urban villages and suburbs in the greater Sydney metropolitan area, the Hunter, Gosford and Wyong

areas. Improved wastewater services in these areas are expected to provide environmental and

social benefits and reduce potential risks to public health. The NSW Government announced in

November 2011 that under the PSP, the villages of Bargo, Buxton, Cowan, Douglas Park, West Hoxton

and Wilton would receive an improved wastewater service by mid 2014. The villages of Galston and

Glenorie would receive improved wastewater services by mid 2015.

This proposal involves the construction and operation of a wastewater reticulation system in Bargo

and the transfer of wastewater from Bargo to a new Water Recycling Plant and irrigation site located

to the north of the village.

Objectives

The primary objectives for the Bargo Wastewater Scheme are to:

• provide wastewater services in Bargo by 30 June 2014 as required in Sydney Water’s 2010-2015 Operating Licence

• deliver the work at the least life cycle cost.

The secondary objectives for the Scheme are to provide a wastewater service that:

• reduces risk to public health

• improves public amenity

• provides for environmental improvement

• provides capacity for limited growth within the subsidised service area.

Purpose of the Review of Environmental Factors

Sydney Water is the proponent and determining authority for this proposal. Under section 111 of the

Environmental Planning and Assessment Act 1979 (EP&A Act), Sydney Water must examine all

matters likely to affect the environment from this activity.

State Environmental Planning Policy (Infrastructure) 2007 allows Sydney Water to undertake the

proposal without obtaining development consent from Wollondilly Shire Council. The proposal

therefore has been assessed under Part 5 of the EP&A Act.

This Review of Environmental Factors (REF) has been prepared to address matters associated with

the proposal in accordance with the scope of work supplied by Sydney Water that could impact, or

are likely to impact, the environment during construction and operation. This REF recommends

mitigation measures to address potential impacts and identifies whether the proposal is likely to

have a significant environmental impact, thereby requiring an environmental impact statement to be

prepared in accordance with clause 228 of the EP&A Regulations.

January 2013 Ref: 433990 vii

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Proposal Description

The proposal aims to provide improved wastewater services to the subsidised service area of Bargo.

The preferred servicing strategy is a pressure sewerage collection system within the Bargo village,

transfer of the wastewater to a new Water Recycling Plant located north of Bargo and effluent

management via sub-surface irrigation.

A subsidised service area has been defined for the scheme. The subsidised service area for Bargo

includes all properties in the Bargo village area that are currently zoned as R2 Low Density Residential

and R3 Medium Density Residential in the Wollondilly Shire Local Environment Plan 2011. It also

includes properties that are in other zoned areas that are located directly adjacent to a reticulation

main servicing the residential zoned area and that are also less than 0.4Ha.

The preferred wastewater servicing strategy for Bargo would include:

• on-property pressure sewerage system (PSS) equipment to eligible properties within the subsidised service area

• approximately 16.2km of pressure reticulation

• a barometric loop

• a gravity trunk main approximately 1km long connecting the reticulation network to a new Wastewater Pumping Station (WWPS)

• a new WWPS and chemical dosing unit in Bargo

• approximately 2.3km transfer main from the WWPS to a new Water Recycling Plant (WRP)

• a new WRP and access road north of Bargo

• a sub-surface irrigation field for land based treatment of effluent

• other ancillary assets such as air release facilities, isolation valves and flushing points.

Benefits

The proposal is expected to have the following benefits:

•••• reduction in wastewater-related risks to public health from the existing on-site wastewater

systems in the Bargo area

•••• local water quality may be improved by removing a source of water pollution in Bargo’s local

waterways. A Neutral or Beneficial Effect (NorBE) is predicted for the Bargo River Catchment.

Conditions in the ecosystem of aquatic flora and fauna may also improve as a result of this

improvement in water quality

•••• Bargo residents would have the convenience of being connected to a reticulated wastewater

system, rather than to on-site systems. A reticulated wastewater system requires less

maintenance by the customer and has less potential for failure

•••• air quality may improve in Bargo due to the removal of odours from poorly performing on-site

systems and pump-out tanks.

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Alternatives

A number of alternatives to the proposal were considered for providing improved wastewater

services to Bargo, including:

•••• installation of a Septic Tank Effluent Pump (STEP) on each property with transfer to a new WRP in

Bargo with sub-surface irrigation

•••• a new WRP in Bargo with discharge of treated effluent to a local creek or river

•••• transfer to a Picton WRP via three new WWPS and a 6.3km transfer main, with in-stream

discharge to Stonequarry Creek.

This proposal was selected as the preferred strategy because of the following:

•••• it was a viable option that provided the least life cycle cost

•••• it was considered to have the least impact on the community

•••• WRP options with sub-surface irrigation were considered to have less potential for negative

impacts on surface water quality than the options which included in-stream discharge

•••• the distance to the nearest existing wastewater system was substantial and transporting

wastewater was assessed as having an overall greater financial cost.

Environmental impacts and mitigation

The potential environmental impacts arising from construction of the proposed Bargo Wastewater

Scheme would be minor and include:

•••• traffic and access, including

•••• temporary restrictions to vehicle and pedestrian movements

•••• temporary disturbance to residential properties

•••• additional traffic during the construction period

•••• terrestrial flora and fauna

•••• non-Aboriginal heritage

•••• noise and vibration

•••• visual amenity.

As the proposal is based on a servicing strategy, significant environmental constraints can be avoided

during the detailed design and this would help to minimise impacts.

Construction would involve the removal of up to 8 mature trees on the irrigation site and 0.01 ha of

endangered ecological community (EEC) adjacent to the Bargo Cemetery, where the transfer main

will be underbored beneath Remembrance Driveway and the railway. This would be a permanent

action. Given the low quality of the EEC affected and its small proportion of the overall community in

the area, this impact is not expected to be significant. This was confirmed by an assessment of

significance, conducted under the Threatened Species Conservation Act 1995 and Environmental

Protection and Biodiversity Conservation Act 1999.

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The potential key environmental impacts arising from operation of the proposal are association with

the WRP and irrigation area.

The WRP and irrigation area have been located and designed to minimise potential soil, water

quality, hydrology and visual impacts. The land capability assessment undertaken by BMT WBM

(2012) has concluded that the proposed irrigation site is suitable for sub-surface irrigation. Mass

balance modelling confirmed that the wastewater pollutant loads would be readily assimilated within

the site. There is moderate potential for impacts on the hydrology downstream of the irrigation area

due to increased baseflow. The implementation of a site water management plan will help to

minimise any impacts on hydrology. The ecological impact of the additional baseflow is predicted to

be minor. BMT WBM (2012) concluded that the land treatment system is likely to achieve a neutral

or beneficial effect on the Bargo River.

During operation, there may be minor to moderate adverse impacts on visual amenity from the

construction of above ground structures, in particular at the WWPS. Strategically positioning assets

and screening them with native vegetation would reduce visual impacts of the above ground

infrastructure.

Provided the mitigation measures outlined in this REF are adopted, the proposal is unlikely to have a

significant environmental impact.

Environmental management

The Contractor would prepare a detailed Construction Environmental Management Plan (CEMP)

prior to the commencement of construction. The CEMP would incorporate the construction

mitigation measures outlined in this REF.

Sydney Water would review and amend, as required, the existing Water and Wastewater Integrated

Management Systems to incorporate the operational requirements of the new scheme and will also

implement a water quality management program to validate the irrigation once the WMP is

operational.

Sydney Water would seek a new environment protection licence (EPL) under the Protection of the

Environment Operations Act 1997 for this system.

Stakeholder and community consultation

Sydney Water has prepared a Community and Stakeholder Engagement Strategy to set the

framework for engaging with the community and key stakeholders across all the PSP schemes

defined in Sydney Water’s 2010 - 2015 Operating Licence.

The Contractor would be responsible for developing and implementing a communications

management plan during construction of the proposal.

Justification of the proposal

The proposal is considered to improve the public amenity, provide environmental benefits and

benefit the community in the long term. The proposal would reduce potential risks to public health

and surface water quality that currently exist due to leaks and discharges from existing on-site

wastewater management systems.

The overall justification for the proposal is that it satisfies the Bargo Wastewater Scheme objectives

and can be implemented without any significant environmental impacts. Practical measures would be

implemented to mitigate identified impacts so that these would not result in serious or irreversible

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harm to the environment. In view of the above and in accordance with clause 228 of the EP&A

Regulations, an environmental impact statement is not required.

January 2013 Ref: 433990 xi

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Table of Contents

Stakeholder and community consultation ................................................................................... ix

1 Introduction ................................................................................................................................ 1

1.1 Background Information ...................................................................................................... 1

1.2 Scope of this REF .................................................................................................................. 1

1.3 Objectives of this proposal ................................................................................................... 2

1.4 Stakeholder and community consultation ............................................................................ 2

1.4.1 Consultation ...................................................................................................................... 2

1.4.2 Community engagement ........................................................................................................ 4

2 Location and Statutory Planning Context ..................................................................................... 5

2.1 Location ............................................................................................................................... 5

2.1.1 Subsidised service area .......................................................................................................... 5

2.2 Environmental Planning and Assessment Act 1979 ............................................................... 9

2.3 State Environmental Planning Policies .................................................................................. 9

2.3.1 State Environment Planning Policy (Infrastructure) 2007 (Infrastructure SEPP) ....................... 9

2.3.2 State Environmental Planning Policy (State and Regional Development) 2011 ...................... 10

2.3.3 State Environmental Planning Policy 44 Koala Habitat Protection (SEPP 44) .......................... 11

2.3.4 Sydney REP 20 – Hawkesbury-Nepean River (deemed SEPP as of 1 July 2009) ....................... 11

2.4 Local Environmental Plan ................................................................................................... 12

2.4.1 Wollondilly Local Environmental Plan 2011 .......................................................................... 12

2.5 Other considerations .......................................................................................................... 15

2.5.1 National Parks and Wildlife (NPWS) Act 1974 ....................................................................... 15

2.5.2 Heritage Act 1977 ................................................................................................................ 15

2.5.3 Protection of the Environment Operations Act 1997 ............................................................. 15

2.5.4 Threatened Species Conservation Act 1995 .......................................................................... 16

2.5.5 Fisheries Management Act 1994 .......................................................................................... 16

2.5.6 Noxious Weeds Act 1993 ...................................................................................................... 16

2.5.7 Roads Act 1993 .................................................................................................................... 16

2.5.8 Mine Subsidence Compensation Act 1961 and Regulation 2007............................................ 17

2.5.9 Waste Avoidance and Resource Recovery Act 2001 .............................................................. 17

2.5.10 Water Management Act 2000 and Regulation ...................................................................... 17

2.6 Commonwealth Legislation ................................................................................................ 18

2.6.1 Environment Protection Biodiversity and Conservation Act 1999 .......................................... 18

2.6.2 Native Title Act 1993 ............................................................................................................ 18

3 Option assessment and justification for the proposal ................................................................ 19

3.1 Proposal need .................................................................................................................... 19

3.1.1 Existing wastewater systems ................................................................................................ 19

3.1.2 Environmental and public health impacts ............................................................................. 19

3.1.3 Future urban growth ............................................................................................................ 19

3.2 Development and assessment of options ........................................................................... 19

3.3 Suitability of the site for irrigation ...................................................................................... 20

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3.4 Selection of the preferred option ....................................................................................... 21

3.5 Ecologically sustainable development ................................................................................ 21

3.5.1 Precautionary principle ........................................................................................................ 21

3.5.2 Principle of inter-generational equity ................................................................................... 22

3.5.3 Principle of biological diversity and ecological integrity......................................................... 22

3.5.4 Improved valuation of environmental resources ................................................................... 22

3.6 Justification of the proposal ............................................................................................... 23

4 Description of the proposal ....................................................................................................... 24

4.1 Introduction ....................................................................................................................... 24

4.2 Components of the proposal .............................................................................................. 28

4.2.1 Pressure Sewerage On-Property Equipment ......................................................................... 28

4.2.2 Reticulation network ............................................................................................................ 31

4.2.3 Bargo Wastewater Transfer System ...................................................................................... 32

4.2.4 Other assets .................................................................................................................... 35

4.2.5 Bargo Water Recycling Plant................................................................................................. 36

4.3 Construction ...................................................................................................................... 46

4.3.1 General methodology .......................................................................................................... 46

4.4 Operation and control of the proposal ............................................................................... 52

4.4.1 WRP Operation .................................................................................................................... 52

4.4.2 Energy consumption ............................................................................................................ 53

4.4.3 Power outages .................................................................................................................... 53

4.4.4 On-property system failure .................................................................................................. 53

4.4.5 Service of pressure sewerage equipment ............................................................................. 53

4.5 Customer connections ....................................................................................................... 54

4.6 Changes to the scope of work ............................................................................................ 54

5 Existing environment, impacts and mitigation measures............................................................ 55

5.1 Topography, geology and soil ............................................................................................. 55

5.1.1 Existing environment ........................................................................................................... 55

5.1.2 Impacts .................................................................................................................... 59

5.1.3 Mitigation Measures ............................................................................................................ 61

5.2 Water quality, drainage and flooding ................................................................................. 62


5.2.2 Impacts .................................................................................................................... 66

5.2.3 Mitigation measures ............................................................................................................ 70

5.3 Flora and fauna .................................................................................................................. 71


5.3.2 Impacts .................................................................................................................... 85


5.4 Air Quality .......................................................................................................................... 95


5.4.2 Impacts .................................................................................................................... 95


5.5 Noise and vibration ............................................................................................................ 97


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5.5.2 Impacts .................................................................................................................... 97


5.6 Waste management ........................................................................................................... 99


5.6.2 Impacts .................................................................................................................... 99

5.6.3 Mitigation measures .......................................................................................................... 100

5.7 Aboriginal heritage ........................................................................................................... 101

5.7.1 Existing environment ......................................................................................................... 101

5.7.2 Impacts .................................................................................................................. 102


5.8 Non-Aboriginal heritage ................................................................................................... 103


5.8.2 Impacts .................................................................................................................. 107


5.9 Traffic and Access............................................................................................................. 108

5.9.1 Existing Environment ......................................................................................................... 108

5.9.2 Impacts .................................................................................................................. 108


5.10 Bushfire risk ..................................................................................................................... 110


5.10.2 Impacts .................................................................................................................. 113


5.11 Social and visual ............................................................................................................... 114


5.11.2 Impacts .................................................................................................................. 114


5.12 Human health .................................................................................................................. 117


5.12.2 Impacts .................................................................................................................. 117


5.13 Hazards and risks ............................................................................................................. 118


5.13.2 Impacts .................................................................................................................. 119


5.14 Energy and greenhouse emissions .................................................................................... 119


5.14.2 Impacts .................................................................................................................. 120


5.15 Cumulative impact ........................................................................................................... 121

5.16 Demand on resources ...................................................................................................... 121

6 Environmental management ................................................................................................... 122

6.1 Construction Environmental Management Plan ............................................................... 122

6.2 Operational Environmental Management ........................................................................ 123

6.3 Licensing and approvals ................................................................................................... 123

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6.4 Summary of mitigation measures ..................................................................................... 124

7 Conclusion ............................................................................................................................... 135

8 Reference List .......................................................................................................................... 137

List of Figures

Figure 2.1 Location of Bargo within Wollondilly LGA (Source: Sydney Water) ......................... 6

Figure 2.2 Location of Sydney Catchment Authority Special Area (Source: Sydney Water)...... 7

Figure 2.3 Bargo subsidised service area (Source: Sydney Water) ........................................... 8

Figure 2.4 Zoning (Wollondilly LEP 2011) ............................................................................. 13

Figure 4.1 Location of the proposal ...................................................................................... 25

Figure 4.2 Northern section of the proposal ......................................................................... 26

Figure 4.3 Southern section of the proposal including subsidized service area and WWPS ... 27

Figure 4.4 Schematic representation of on-property pressure sewerage system equipment

(Source: Sydney Water) ....................................................................................... 28

Figure 4.5 Example of installed collection tank (collection tank on left, existing system in

right) (Source: Sydney Water ) ............................................................................. 30

Figure 4.6 Example of installed boundary kit (Source: Sydney Water ) ................................. 30

Figure 4.7 Example of installed control/alarm panel and generator connection (Source:

Sydney Water ) .................................................................................................... 31

Figure 4.8 Example of a barometric loop, vent shaft and carbon canister (odour control) .... 32

Figure 4.9 Example of WWPS ............................................................................................... 34

Figure 4.10 Example of a CDU ................................................................................................ 35

Figure 4.11 Example of typical isolation valve (Source: Sydney Water) ................................... 36

Figure 4.12 General layout of IDEA plant................................................................................ 38

Figure 4.13 Example of an IDEA Plant..................................................................................... 39

Figure 4.14 Land Treatment Process (BMT WBM 2012).......................................................... 40

Figure 4.15 Example of sub-surface irrigation (establishment phase) ..................................... 41

Figure 4.16 Example of sub-surface irrigation (operational phase) ......................................... 42

Figure 4.17 Proposed Stormwater Management Plan ............................................................ 45

Figure 4.18 Example of PSS pipeline installed via open trenching (Source: Sydney Water) ..... 47

Figure 4.19 Example of pressure sewerage system pipeline being installed by horizontal

directional drilling (Source: Sydney Water) .......................................................... 48

Figure 5.1 Topography of Bargo ........................................................................................... 57

Figure 5.2 Indicative soil groups at Bargo (Source: Sydney Water)........................................ 58

Figure 5.3 Waterways in the study area (Source: Sydney Water) .......................................... 64

January 2013 Ref: 433990 xv

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Figure 5.4 Sub catchments at Irrigation Area (BMT WBM, 2012) .......................................... 65

Figure 5.5 Ecological constraints – northern section of the study area (GHD, 2013) ............. 73

Figure 5.6 Ecological constraints – southern section of the study area (GHD, 2013) ............. 74

Figure 5.7 Threatened species (northern section) (GHD, 2013) ............................................ 75

Figure 5.8 Threatened species (southern section) (GHD, 2013) ............................................ 76

Figure 5.9 Instream assessment area (BMT WMB 2012c) ..................................................... 80

Figure 5.10 Old Commeroo Homestead, Coomeroo silo and remains of slab shed ............... 104

Figure 5.11 Bargo Cemetery................................................................................................. 104

Figure 5.12 Local heritage places at Bargo (Wollondilly LEP) ............................................... 106

Figure 5.13 Bushfire prone land ........................................................................................... 112

Figure 5.14 Gas Pipeline....................................................................................................... 118

List of Tables

Table 2-1 Subsidised service area details............................................................................... 5

Table 2-2 Current land zonings in the site ........................................................................... 12

Table 4-1 Interim water quality performance targets for the Bargo land treatment scheme

(BMT WBM, 2012) ............................................................................................... 43

Table 5-1 Water balance assessment .................................................................................. 68

Table 5-2 Threatened species and communities recorded in the vicinity of the site............. 71

Table 5-3 Ecological constraints .......................................................................................... 72

Table 5-4 Vegetation Communities ..................................................................................... 77

Table 5-5 Vegetation identified during stream walkover (adapted from BMT WMB 2012c) . 78

Table 5-6 Threatened aquatic species likely to occur within the irrigation catchment (BMT

WBM 2012c) ....................................................................................................... 81

Table 5-7 Fauna habitat and suitability in the site (adapted from GHD and BMT WBM 2012c,

Appendix C) ......................................................................................................... 82

Table 5-8 Constraints to be adopted during detailed design (adapted from GHD, Appendix C)

............................................................................................................................ 85

Table 5-9 Potential proposal impact on flora and fauna (adapted GHD, 2013 and BMT

WBMc, 2012) ...................................................................................................... 87

Table 6-1 Licenses and Approvals ...................................................................................... 123

List of Appendices

Appendix A: Clause 228 Requirements

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Appendix B: Performance Criteria

Appendix C: Ecological Impact Assessment and Ecological Assessment

Appendix D: Aboriginal Heritage Due Diligence Assessment

Appendix E: Land Capability Assessment

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Glossary

Acid Sulphate Soil (ASS) Soil material which is waterlogged and contains oxidisable sulphur compounds,

usually ferrous iron disulphide (pyrite) that has a field pH of 4 or more.

Air release valve Valve fitted to pressure pipelines to allow release of air that has been trapped within

the pipeline. Air release valves are usually located at the highest elevation points of

the sewerage system.

Bund A bund is an embankment or wall of brick, stone, concrete or other impervious

material, which may form part or the entire perimeter of a compound and provides a

barrier to retain liquid.

Catchment The area drained by a drainage system, stream, or body of water.

Concept Design The phase when preliminary concepts for a project are further developed to better

understand the options feasibility

Contamination Concentration of substances above that naturally present that poses, or is likely to

pose, an immediate or long-term risk to human health or the environment.

Cumulative Impact The sum effect on the environment resulting from the successive effects of several

different impacts.

Detailed Design Phase when the preferred design is developed to its final form. It includes technical

specifications, plans and drawings, operational systems, construction options and

detailed quantities, cost and risk analyses

Determining authority The Minister or Public Authority by or on whose behalf a proposed

development/activity is to be carried out; or whose approval is required in order to

allow the activity to be carried out.

Dripline Subsurface drip irrigation pipe

Ecologically Sustainable

Development (ESD)

Using, conserving and enhancing the community’s resources so that ecological

processes, on which life depends, are maintained, and the total quality of life, now

and in the future, can be increased.

Ecology Branch of biology dealing with the relations of organisms to one another and to their

physical surroundings.

Edge Effects Increased noise and light or erosion and sedimentation at the interface of intact

vegetation and cleared areas

Effluent The liquid product of wastewater treatment that is discharged into the environment

or reused. The quality of effluent provided by the treatment plant will depend on the

treatment processes used

Equivalent Tenement A measurement of demand placed on water and wastewater systems by a single

residence

Hydrology Study of the properties of the Earth’s water, especially of its movement in relation to

land.

Mitigation To become milder, less intense or less severe.

Multi Criteria Analysis A tool used to assist in complex decision making involving multiple criteria.

xviii Ref: 433990 January 2013

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Pressure compensating

sub-surface drip irrigation

Small diameter irrigation pipe design to be buried in the root zone fitted with slow

rate emitters able to maintain an effectively constant flow rate over a wide range of

operating pressures.

Pressure Sewerage

System (PSS)

A network consisting of positively pressured pipes, collection tanks and pumps, in

which wastewater is transported away from the serviced household for downstream

treatment.

Land treatment The application of appropriately pre-treated domestic or industrial wastewater to the

land at a controlled rates in a designed setting

Threshold Limit below which no reaction is able, or expected, to be recorded or observed or no

management response is required.

Topography Detailed description of the natural and artificial features of the area.

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Abbreviat ions

AHIMS Aboriginal Heritage Information Management System

ARF Air Release Facility

AWRS Aerated Wastewater Treatment Systems

CDU Chemical Dosing Unit

CEMP Construction Environmental Management Plan

DII Department of Industry and Investment

DP Deposited Plan

DP& I Department of Planning and Infrastructure

DUAP Department of Urban Affairs and Planning

EIS Environmental Impact Statement

EMP Environmental Management Plan

EPA Environment Protection Authority

EP&A Act Environmental Planning and Assessment Act 1979

EP&A Reg Environmental Planning and Assessment Regulation 2000

EPBC Act Environmental Protection and Biodiversity Conservation Act 1999

EPI Environmental Planning Instrument

EPL Environment Protection Licence

ESD Ecologically Sustainable Development

ET Equivalent Tenement

GHG Greenhouse Gas

HDD Horizontal Directional Drilling

IDEA Intermittently Decanted Extended Aeration

IMP Incident Management Plan

LCA Land Capability Assessment

LEP Local Environmental Plan

LGA Local Government Area

NES National Environmental Significance

NOW NSW Office of Water

NPWS National Parks and Wildlife Service

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OEH Office of Environment and Heritage

OEMP Operational Environmental Management Plan

PC Pressure Compensating

PCSDI Pressure Compensating Sub-surface Drop Irrigation

POEO Act Protection of Environment Operations Act 1997

PSS Pressure Sewerage System

PSP Priority Sewerage Program

RBC Rotating Biological Contactor

REF Review of Environmental Factors

RMS Roads and Maritime Service

RFS Rural Fire Service

SCADA Supervisory Control and Data Acquisition

SEPP State Environmental Planning Policy

SEWPaC Department of Sustainability, Environment, Water, Population and Communities

SIS Species Impact Statement

SREP Sydney Regional Environmental Plan

SSEMP Site Specific Environmental Management Plan

STEP Septic Tank Effluent Pump

SWMP Site Water Management Plan

TSC Threatened Species Conservation Act 1995

WM Act Water Management Act 2000

WWPS Wastewater Pumping Station

WRP Water Recycling Plant

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� Introduction

�.� Background Information

The Priority Sewerage Program (PSP) aims to provide improved wastewater services to unsewered

urban villages and suburbs in the greater Sydney metropolitan area, the Hunter, Gosford and Wyong

areas. Improved wastewater services in these areas are expected to provide environmental and

social benefits and reduce potential risks to public health. The NSW Government announced in

November 2011 that under the PSP, the villages of Bargo, Buxton, Cowan, Douglas Park, West Hoxton

and Wilton would receive an improved wastewater service by mid 2014. The villages of Galston and

Glenorie would receive improved wastewater services by mid 2015.

Sydney Water has engaged CH2M HILL to prepare this Review of Environmental Factors (REF) under

Part 5 of the Environmental Planning and Assessment Act 1979 (EP&A Act) for the proposed Bargo

Wastewater Scheme. This is referred to as ‘the proposal’ for the purpose of this REF.

�." Scope of this REF

Sydney Water is a statutory State-owned corporation. It is classified as a public authority under

Section 4 of the EP&A Act, and as such, is a determining authority under Part 5 of the Act. Under

section 111 of the EP&A Act, Sydney Water is responsible for assessing all matters affecting or likely

to affect the environment from this activity.

This REF is an assessment of the potential environmental impacts associated with the proposal. It

uses the Department of Planning and Infrastructure’s (DP&I)’s guideline ‘Is an EIS required?’ (DUAP,

1999), to determine whether the activity is likely to have a significant environmental impact, and

therefore require an environmental impact statement (EIS).

The following terms are used in this REF:

•••• the “proposal” refers to the proposed Bargo Wastewater Scheme that is described in Section 4

•••• the “study area” is the area over which environmental constraints have been identified and

assessed. This includes the site

•••• the “site” refers to the subsidised service area, the corridor that would contain the transfer main

(see Figure 4.1) and the sites that would contain the barometric loop, Wastewater Pumping

Station (WWPS), Water Recycling Plant (WRP) and sub-surface irrigation area and associated

ancillary assets.

The potential impacts of the proposal have been considered in accordance with the scope of work

supplied by Sydney Water (Section 4) and the matters listed in clause 228 of the EP&A Regulation

2000 (summarised in Appendix A of this REF).

This REF specifies the measures that would be implemented to avoid or minimise potential

environmental impacts from the proposal.

This REF has been prepared based on a preferred servicing strategy, supplied by Sydney Water,

rather than a concept design. The servicing strategy identifies corridors for assets such as pipelines,

and indicative locations for ancillary assets such as vent shafts. The final locations of all assets would

be determined during the detailed design phase. The REF assumes that the assets would be located

within the site and would avoid environmental constraints that are identified in the REF where

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Final



practicable. Additional environmental assessment may be required if changes are made during the

detailed design and assets are located outside the site identified and assessed in the REF.

�.$ Objectives of this proposal

The primary objectives for the Bargo Wastewater Scheme are to:

• provide wastewater services in Bargo by 30 June 2014 as required in Sydney Water’s 2010-2015 Operating Licence

• deliver the work at the least life cycle cost.

The secondary objectives for the Scheme are to provide a wastewater service that:

• reduces risk to public health

• improves public amenity

• provides for environmental improvement

• provides capacity for limited growth within the subsidised service area.

Performance criteria, measures and guidelines have been developed to assess whether these

secondary objectives are achieved. These are included in Appendix B.

�.& Stakeholder and community consultation

Sydney Water has prepared a Community and Stakeholder Engagement Strategy to set the

framework for engaging with the communities and key stakeholder and regulators for the Bargo,

Buxton, Cowan, Douglas Park, West Hoxton and Wilton PSP Scheme. The objectives of the strategy

are to:

•••• outline the broader proactive strategy to be adopted to ensure NSW Government timeframes

and Sydney Water objectives are met

•••• ensure that relevant internal stakeholders are aware of, and aligned on the servicing strategies

and consultation approach

•••• build community and stakeholder awareness of the proposal, the proposed approach, and

challenges of providing a solution that meets the proposal objectives

•••• provide a planned, consistent and professional approach to consulting with stakeholders and

residents

•••• help stakeholders and local residents understand Sydney Water’s constraints

•••• be open, honest and respectful.

�.&.� Consultation

In November 2011, the NSW Government made a commitment to the community of Bargo that they

would be fast tracked in receiving improved wastewater services.

A specific Communications Management Plan for the Bargo proposal has been drafted and outlines

the approach to continuing communications required during the planning stages of the proposal,

including the finalisation of the preferred servicing strategy.

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The communication plan will:

•••• provide an overview of the Bargo community

•••• describe the communications strategy and approach

•••• identify the scheme’s stakeholders, issues and key messages to be used in communicating with

these stakeholders

•••• provide an overview of the communications tools and techniques to be used during the planning,

options development and environmental impact assessment phases of the scheme.

Overall, the plan is designed to establish a positive framework of community relationships that will

provide support to the ongoing development of community and stakeholder engagement throughout

all phases.

As part of this plan and following determination of this REF, Sydney Water would produce a summary

document of the proposal which would be sent to stakeholders and community members within the

Bargo village. This document would summarise the preferred servicing strategy for Bargo and

highlight key areas of public interest from the REF. The community and stakeholders would also have

the opportunity to view the servicing strategy online.

Stakeholder Engagement

Sydney Water has commenced establishing relationships with key stakeholders of the proposal and

will continue to liaise prior to the completion of the detailed design and throughout the construction

process.

Wollondilly Shire Council

Sydney Water has commenced consultation with Wollondilly Shire Council (Council) and has updated

Council on the likely servicing strategy, the timeframe for construction and site investigations that

will be carried out during the planning phase of the project. Sydney Water will continue to engage

with Council regarding the following as planning progresses:

•••• public safety issues

•••• the placement of any temporary site sheds, workstations or toilets on Council land

•••• full or partial road closures of council managed roadways

•••• removal or trimming of shrubs or trees on Council managed land. Where necessary, the Sydney

Water Project Manager and representatives of the Council must be notified prior to the

disturbance of any native vegetation on Council managed land

•••• work required outside of the hours of 7am - 6pm Monday to Friday and 8am - 1pm Saturday.

EPA and OEH

A separate engagement plan has been drafted for the EPA and OEH. Sydney Water has had initial

meetings with the EPA and OEH to gain input and feedback and identify potential issues that may

impact the proposal.

Other stakeholders

As part of the Communications Plan, Sydney Water has identified a number of other stakeholders

that will have an interest in the proposal including:

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•••• the local Member for Wollondilly

•••• Mine Subsidence Board

•••• Tahmoor Coal Pty Ltd

•••• Bargo Public School

•••• Stockland

•••• Bargo Retirement Village

•••• Australian Rail Track Corporation (ARTC)/RailCorp

•••• media (local and regional newspapers).

Sydney Water has started engaging with these stakeholders and will continue to inform them about

the proposal as it progresses.

�.&." Community engagement

As part of the overall Community and Stakeholder Engagement Strategy, Sydney Water will meet

with impacted and neighbouring property owners at one-on-one meetings during the detailed design

phase to discuss the location of assets. Sydney Water would use this process to understand the

community’s expectations, concerns and opportunities with the proposal.

Prior to construction, Sydney Water will engage with the wider community to inform them about the

proposal. This engagement will involve:

• community information sessions

• newsletters and fact sheets

• advertisements

• website and online forum

• letters

• one on one customer home plan meetings to discuss construction impacts and location of wastewater equipment.

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" Location and Statutory Planning Context

".� Location

Bargo is located within the Wollondilly Local Government Area (LGA) (Figure 2.1). Bargo is linked to

Tahmoor in the north and Yanderra in the south by Remembrance Driveway, the main arterial road

running through the town. Bargo is also serviced by the Southern Highlands Railway, which connects

Bargo to Sydney via Campbelltown in the north, and Goulburn in the south.

Bargo is surrounded by several National Parks and drinking water catchments (Figure 2.2). The

Metropolitan Catchment is located 500 m to the south east of the town within the Upper Nepean

State Conservation Area. The Warragamba Catchment, Nattai National Park and the Bargo State

Conservation Area are located 4 km to the west of the town.

".�.� Subsidised service area

The subsidised service area for Bargo (Figure 2.3) includes all properties in the Bargo village area that

are currently zoned as R2 Low Density Residential and R3 Medium Density Residential in the

Wollondilly Shire Local Environment Plan 2011.

It also includes properties that are in other zoned areas that are located directly adjacent to a

reticulation main servicing the residential zoned area and that are also less than 0.4 Ha. This applies

to other zoned land, including B2 Local Centre, R5 Large Lot Residential, IN2 Light Industrial and RE1

Public Recreation.

Reference should be made to the Bargo Wastewater Servicing Options Report (Sydney Water, 2012)

for a more detailed discussion of the subsidised service area.

There are a total of 830 properties within Bargo that fall under the zoning and property size criteria

for the proposal. More detail is provided in Table 2-1.

Table 2-1 Subsidised service area details

Property type Number of properties

Occupied residential 729

Vacant residential 38

Occupied non-residential 51

Vacant non-residential 12

TOTAL 830

Properties outside the subsidised service area may seek permission to connect to the scheme.

Connection from outside the subsidised service area is at Sydney Water’s sole discretion and is

subject to a review of uncommitted spare capacity, the property owner being prepared to comply

with Sydney Water’s requirements, and the property owner having the relevant planning approval

under NSW planning law. The connection would be at the property owner’s cost.

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Figure 2.1 Location of Bargo within Wollondilly LGA (Source: Sydney Water)

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Figure 2.2 Location of Sydney Catchment Authority Special Area (Source: Sydney Water)

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Figure 2.3 Bargo subsidised service area (Source: Sydney Water)

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"." Environmental Planning and Assessment Act �'8'

This proposal has been assessed in accordance with the Environmental Planning and Assessment Act

1979 (EP&A Act) and the associated EP&A Regulation 2000. The Act institutes a system for

environmental planning and assessment and development approvals. It also establishes

environmental planning instruments, such as State Environmental Planning Policies (SEPPs) and Local

Environmental Plans (LEPs).

The proposal does not require development consent under Part 4 of the EP&A Act as it is considered

to be development without consent under the State Environmental Planning Policy (Infrastructure)

2007. A proposal can be assessed under Part 5 of the EP&A Act if it may be carried out without

development consent and is carried out, or approved, by a determining authority.

Under Part 5 a determining authority is defined as:

“...a Minister or public authority and, in relation to any activity, the Minister or public authority by or

on whose behalf the activity is or is to be carried out or any Minister or public authority whose

approval is required in order to enable the activity to be carried out...”

Sydney Water is both the proponent and the determining authority for the proposal under Part 5 of

the EP&A Act.

A REF is required if the determining authority considers that the proposal is unlikely to have a

significant impact on the environment. If a determining authority decides the proposal would be

likely to significantly affect the environment, it must obtain and consider an environmental impact

statement. Furthermore, if the proposal were to be carried out on land that is critical habitat, or if

the determining authority decides the proposal would be likely to significantly affect a threatened

species, population or ecological community or its habitat, then it must obtain and consider a species

impact statement.

Provided the mitigation measures outlined in this REF are implemented, the proposal is unlikely to

have a significant impact on the environment and is unlikely to result in a significant impact on

threatened species, population or ecological communities (see section 5.3).

Factors that need to be taken into account when considering the likely impact of an activity on the

environment are outlined in clause 228 of the EP&A Regulation and are discussed in Appendix A.

".$ State Environmental Planning Policies

".$.� State Environment Planning Policy (Infrastructure) "##8 (Infrastructure SEPP)

Under this SEPP, the proposal falls under the definitions for both a sewage reticulation system and a

water recycling facility.

A sewage reticulation system is defined as, “a facility for the collection and transfer of sewage to a

sewage treatment plant or water recycling facility for treatment, or transfer of the treated water for

use or disposal, including associated: pipelines and tunnels; pumping station; dosing facilities; odour

control works; sewage overflow structures; and vent stacks”.

A water recycling facility is defined as, “a facility for the treatment of sewage effluent, stormwater or

waste water for use as an alternative supply to mains water, groundwater or river water (including

sewer mining works), whether the facility stands alone or is associated with other development, and

includes associated: retention structures, treatment works and irrigation schemes”.

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The proposal includes on-property collection tanks, a pressurised reticulation system, a WWPS, a

transfer main and associated assets such as vent shafts and a chemical dosing unit that meet the

definition of a sewage reticulation system.

The Water Recycling Plant (WRP) falls under the definition of a water recycling facility because it will

treat effluent for irrigation. The sub-surface irrigation also falls under the definition of water recycling

facility because the irrigation is associated with the WRP.

Clause 106 (3) of the SEPP states that sewage reticulation systems are permitted without consent on

any land when carried out by a public authority. Sydney Water falls under the definition of a public

authority because it is a State owned corporation. The reticulation system is permitted without

consent.

Clause 106 (2) states that development of water recycling facilities is permitted without consent

when developed by a public authority in a prescribed zone.

Prescribed zones are defined as any of the following land use zones or a land use zone that is

equivalent to any of those zones:

• RU1 Primary Production

• RU2 Rural Landscape

• RU4 Rural Small Holdings

• IN1 General Industrial

• IN3 Heavy Industrial

• SP1 Special Activities

• SP2 Infrastructure.

The site for the WRP and irrigation area is located in land zoned RU 1 Primary Production under the

Wollondilly LEP 2011 (a prescribed zone, refer to Figure 2.4). The construction of the WRP and

irrigation is therefore permissible without consent.

Under the Infrastructure SEPP the proposal is permitted without consent and therefore it will be

assessed under Part 5 of the EP&A Act and Sydney Water will be the determining authority.

Part 2 Division 1 outlines the requirements for consultation with Council and other public authorities.

Consultation would be undertaken with Wollondilly Shire Council under this SEPP as the proposal

would involve excavation that is not minor or inconsequential into the surface of a council managed

road. However, consultation with council on local heritage items is not required given the likely

impact on these items is expected to be minor and inconsequential. Refer to section 1.4 for more

information on consultation and section 5.8.2 for impacts on heritage.

".$." State Environmental Planning Policy (State and Regional Development) "#��

Development is classed as State significant development if (clause 8):

a) the development on the land concerned is, by the operation of an environmental planning

instrument, not permissible without development consent under Part 4 of the Act, and

b) the development is specified in Schedule 1 or 2.

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The proposal does not meet the criteria for State significant development under Clause 8(1) (a)

because it is permissible without development consent under Part 4 of the EP&A Act due to the

application of Clause 106(2) and 106(3) of the Infrastructure SEPP.

Development is classified as State significant infrastructure if (clause 14(1)):

a) the development on the land concerned is, by the operation of a State environmental planning

policy, permissible without development consent under Part 4 of the Act, and

b) the development is specified in Schedule 3.

Clause 1 of Schedule 3 relates to:

Infrastructure or other development that (but for Part 5.1 of the Act and within the meaning of

Part 5 of the Act) would be an activity for which the proponent is also the determining authority

and would, in the opinion of the proponent, require an environmental impact statement to be

obtained under Part 5 of the Act.

Provided the measures outlined in this REF are implemented, the proposal is unlikely to cause a

significant impact and therefore does not require an environmental impact statement. As the

proposal is not of a type specified in Schedule 3, it is not considered to be State significant

infrastructure.

".$.$ State Environmental Planning Policy && Koala Habitat Protection (SEPP &&)

The purpose of SEPP 44 is to encourage the conservation and management of koala habitat to ensure

permanent, free living populations are maintained over their present range. Under the policy,

consent for a development cannot be issued without an investigation for core koala habitat. SEPP 44

provides a State-wide approach ensuring appropriate development can continue, while protecting

koalas and their habitat.

SEPP 44 applies to Wollondilly LGA. Although Sydney Water does not require Council consent, the

provisions of SEPP 44 have been considered within the REF. An Ecological Impact Assessment was

undertaken for this proposal and did not identify any potential or core koala habitat, as defined in

this SEPP (Section 5.3).

".$.& Sydney REP "# – Hawkesbury-Nepean River (deemed SEPP as of � July "##')

The aim of Sydney REP 20 is to protect the environment of the Hawkesbury-Nepean River System by

ensuring that the impacts of future land use are considered in a regional context. Part 2 of Sydney

REP 20 contains specific planning policies and related strategies that must be considered.

Although the proposal does not fit into categories to which the development controls outlined in

cl.11 of the REP apply, the aims, policies and strategies outlined in this REP would be taken into

consideration when carrying out this proposal. The proposal avoids environmental impacts where

possible, including impacts on existing land uses. It is not expected that the proposal would have a

significant impact on existing land uses, and this is discussed in terms of the social impact of the

proposal in Section 5.11.

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".& Local Environmental Plan

".&.� Wollondilly Local Environmental Plan "#��

The Wollondilly Local Environmental Plan 2011 is the relevant LEP for the proposal. The proposal is

located within the zonings listed in Table 2-2 and shown in Figure 2.4. Table 2-2 also lists the

permissibility of the proposal within each zone.

Table 2-2 Current land zonings in the site

Zone Permissibility

RU 1 Primary Production Prohibited

RU 2 Rural Landscape Prohibited

RU 4 Primary Production Small Lots Prohibited

R2 Low Density Residential Sewerage systems are permitted with consent

R3 Medium Density Residential Sewerage systems are permitted with consent

R5 Large Lot Residential Sewerage systems are permitted with consent

SP2 Infrastructure Sewerage systems are permitted with consent in the

SP2 sewerage system zone but prohibited in the SP2

Railway and SP3 Water Supply System

IN2 Light Industrial Sewerage systems are permitted with consent

RE1 Public Recreation Sewerage systems are permitted with consent

B2 Local Centre Sewerage systems are permitted with consent

Clause 5.12 of the LEP states that, “this Plan does not restrict or prohibit, or enable the restriction or

prohibition of, the carrying out of any development, by or on behalf of a public authority, that is

permitted to be carried out with or without development consent, or that is exempt development,

under State Environmental Planning Policy (Infrastructure) 2007”. As the proposal is permitted

without consent in accordance with State Environmental Planning Policy (Infrastructure) 2007 the

consent provisions of the LEP do not apply and the proposal will be assessed under Part 5 of the

EP&A Act with Sydney Water as the determining authority.

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Figure 2.4 Zoning (Wollondilly LEP 2011)

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Local Heritage Items

The Old Coomeroo Homestead, Silo and Slab Shed and Bargo Cemetery are local heritage items that

are listed on the Wollondilly LEP. These local heritage items are located in close proximity to the

proposal. These items are not listed on the State Heritage Register.

Clause 30 of the Wollondilly LEP states that a person must not, in respect of a heritage item:

• demolish or alter the building or work, or

• damage or move the relic, or

• excavate for the purpose of exposing the relic, or

• damage or despoil the place or tree, or

• erect a building on or subdivide land on which the building, work or relic is situated or that comprises the place, or

• damage any tree on land on which the building, work or relic is situated or on the land which comprises the place,

except with the consent of the council.

The Infrastructure SEPP overrides the need for development consent under the Wollondilly LEP.

However Clause 14(2) of the Infrastructure SEPP states that a public authority, or a person acting on

behalf of a public authority, must not carry out development that is likely to have more than a minor

or inconsequential impact on a local heritage item unless the authority or the person has:

•••• had an assessment of the impact prepared, and

•••• given written notice of the intention to carry out the development, with a copy of the

assessment, to the council for the area in which the heritage item or heritage conservation area

(or the relevant part of such an area) is located, and taken into consideration any response to the

notice that is received from the council within 21 days after the notice is given.

An assessment of the proposal’s impact on the local heritage items is detailed in Section 5.8. The

assessment concluded that no significant impact will occur on any local heritage items.

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".� Other considerations

".�.� National Parks and Wildlife (NPWS) Act �'8&

The National Parks and Wildlife Act 1974 (NPW Act) is administered by the National Parks and

Wildlife Service (NPWS) of the Office of Environment and Heritage (OEH) and provides a basis for the

establishment, preservation and management of areas such as national parks, State conservation

areas, historic sites, regional parks, karst conservation reserves, nature reserves, and Aboriginal

areas. The proposal would not occur within or directly adjacent to an area established, preserved or

managed under this Act (as shown in Figure 2.2).

A permit or approval under the NPW Act is required if any protected native flora or fauna, or

Aboriginal sites or relics are to be affected or disturbed (see also Threatened Species Conservation

Act 1995). An Ecological Impact Assessment and a Due Diligence Assessment for Aboriginal Heritage

were conducted as part of the REF and identified that no significant impact was likely on any

threatened flora and fauna and is unlikely to impact on any Aboriginal sites (see sections 5.3 and 5.7).

".�." Heritage Act �'88

The Heritage Act 1977 was introduced to conserve the environmental heritage of NSW.

Environmental heritage is defined as including buildings, works, relics or places which are of historic,

scientific, cultural, social, archaeological, architectural, natural or aesthetic significance to the State.

Heritage places and items of particular importance to the people of NSW are listed on the NSW State

Heritage Register. One item in Bargo, the Wirrimbirra Sanctuary, is located in close proximity to the

transfer main and WRP and irrigation site. The impact on heritage is discussed further in Section 5.8.

The assessment concluded that no significant impact is likely to occur on this item.

Section 139 of the Heritage Act 1977 prohibits a person from disturbing or excavating any land on

which the person has discovered or exposed a relic, except in accordance with an excavation permit

or a notification granting exception for the permit. There are no known relics within the site.

".�.$ Protection of the Environment Operations Act �''8

Requirement for a licence

The Protection of the Environment Operations Act 1997 (PoEO Act) prohibits the undertaking of

scheduled activities and scheduled development work without a licence. The Act also prohibits the

undertaking of polluting activities without a licence (both scheduled and unscheduled).

Under Schedule 1, clause 36 of the PoEO Act, an activity is declared to be a scheduled activity if a

sewage treatment system has a processing capacity that exceeds:

(a) 2,500 persons equivalent, as determined in accordance with guidelines established by an EPA

Gazettal notice, or

(b) 750 kilolitres per day.

The proposal would be designed to provide wastewater services to approximately 3090 EP

(Equivalent Persons) which exceeds the threshold, and is therefore classified as a scheduled activity.

The PoEO Act defines scheduled development work as work at any premises that is designed to

enable scheduled activities to be carried on at the premises. As construction of the proposal will

enable the undertaking of a scheduled activity, a licence for scheduled development work will be

required.

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Prior to commencing construction of the proposal, an environmental protection licence (EPL) is

required for scheduled development work under section 47 of the PoEO Act. The construction

contractor may consider applying for the licence in two stages to meet construction scheduling. The

initial licence application would cover the reticulation network and transfer main (Stage 1) and be

expanded later to include the WRP and irrigation system (Stage 2).

".�.& Threatened Species Conservation Act �''�

The Threatened Species Conservation Act 1995 (TSC Act) is administered by the OEH and provides for

the protection of threatened species, populations, ecological communities and their habitat, and

critical habitat within NSW. The primary aims of the TSC Act are to protect, conserve and, where

applicable, manage certain processes that threaten the survival or evolutionary development of

threatened species, populations and ecological communities. Schedules 1 and 2 of the Act list

threatened species, populations and ecological communities that are classified as endangered or

vulnerable.

Two Ecological Impact Assessments were conducted as part of the REF and identified that no

significant impact was likely on any threatened flora and fauna (see section 5.3, Appendix C).

".�.� Fisheries Management Act �''&

The Fisheries Management Act 1994 provides for the conservation of the State‘s aquatic resources

and is administered by the Department of Industry and Investment (DII). The Act requires that

potential impacts on threatened species and aquatic habitat be addressed during the environmental

planning and assessment process.

Two Ecological Impact Assessments were conducted as part of the REF and identified that no

significant impact was likely on any threatened aquatic species or habitat (see section 5.3, Appendix

C).

".�.= Noxious Weeds Act �''$

The purpose of the Noxious Weeds Act 1993 is to identify noxious weed areas where particular

control measures need to be taken, to specify those control measures, and to specify the duties of

public and private landholders for the control of noxious weeds. The Act categorises noxious weeds

into four divisions according to the requirements for their control. Section 13 of the Act states that:

“a public authority that is an occupier of land must control noxious weeds on the land, as required

under the control category or categories specified in relation to the weeds concerned, to the extent

necessary to prevent the weeds from spreading to adjoining land”.

The proposal would not require any approvals under the Act. However, where weeds need to be

cleared, the contractor‘s environmental representative would need to identify the noxious weeds

and the associated requirements for their removal and disposal. The GHD Ecological Impact

Assessment identifies the presence of two noxious weed species within the site (Section 5.3.1,

Appendix C).

".�.8 Roads Act �''$

The Roads Act 1993 outlines the processes involved with the opening of roads, road levels, closing of

public roads, roadwork, regulation of traffic (both temporary and permanent) by roads authorities,

entry onto land and financial assistance to roads authorities.

Under section 138 of the Act, a person must not:

(a) erect a structure or carry out a work in, on or over a public road, or;

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(b) dig up or disturb the surface of a public road, or

(c) remove or interfere with a structure, work or tree on a public road, or

(d) pump water into a public road from any land adjoining the road, or

(e) connect a road (whether public or private) to a classified road;

otherwise than with the consent of the appropriate roads authority.

However, in accordance with clause 5 of Schedule 2, public authorities are not required to obtain

approval for works on unclassified roads.

RMS is responsible for managing public classified roads, whilst local councils are generally responsible

for managing public unclassified roads.

The roads within the study area affected by the proposal are generally considered to be local and

regional, unclassified roads and are managed by Wollondilly Shire Council. Sydney Water would not

require approval from Council for work on these roads, but Sydney Water would give Council written

notice of its intention to carry out the proposal. Council has advised Sydney Water that

Remembrance Driveway is an RMS classified road that is managed by Council, and thus approval

from RMS would be required prior to undertaking works on this road.

".�.> Mine Subsidence Compensation Act �'=� and Regulation "##8

The purpose of this Act is to ensure that areas at risk of subsidence from mining activities are

identified as Mine Subsidence Districts (MSD). Certain colliery owners contribute to a compensation

fund used to compensate parties if mine subsidence can be shown to have damaged property.

Bargo is declared to be in a Mine Subsidence area in accordance with section 15 of the Act. Once

detailed design is complete, Sydney Water would seek approval for the proposed design from the

Mine Subsidence Board under section 15 of the Act.

".�.' Waste Avoidance and Resource Recovery Act "##�

The purpose of this Act 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, “minimise the consumption of natural resources and final disposal of waste by encouraging

the avoidance of waste and the reuse and recycling of waste”.

Waste generation and disposal reporting would be required during the construction and operation

phase of this proposal.

".�.�# Water Management Act "### and Regulation

This Act provides for the sustainable and integrated management of the water sources of the State. It

requires approval to be sought for controlled activities that occur on or under waterfront land.

However, cl.38 of the Regulation exempts Sydney Water from requiring a controlled activity

approval. Thus, for the purposes of this project, no controlled activity approvals are required.

Under section 345 of the Water Management Act 2000 (WM Act), it is an offence to harm waterfront

land. Waterfront land includes the bed of any river, together with any land within 40 m of that river.

Harm is defined as any act or omission that adversely affects the capacity of the waterfront land to

hold or carry water. It is a defence under section 345 if the work that caused the harm was essential

for the carrying out of an activity by a determining authority within the meaning of Part 5 of the

EP&A Act. Several small unnamed tributaries are located around and through the site, therefore work

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will be undertaken on waterfront land (Figure 5.3). The impact of the proposal on waterfront land

has been assessed within the REF (see Section 5.2).

".= Commonwealth Legislation

".=.� Environment Protection Biodiversity and Conservation Act �'''

Under the Environment Protection Biodiversity and Conservation Act 1999 (EPBC Act), activities that

are likely to have a significant impact on matters of national environmental significance,

Commonwealth lands, or actions undertaken by the Commonwealth, are subject to assessment and

approval.

Matters of national environmental significance (NES) are identified in the Act as: World Heritage

properties, national heritage properties, Ramsar wetlands, nationally threatened species and

communities, migratory species protected under international agreements, Commonwealth marine

environment, the Great Barrier Reef Marine Park and nuclear actions.

Several nationally threatened species and communities are listed as potentially occurring within the

study area. The GHD Ecological Impact Assessment conducted as part of the REF identified that no

significant impact was likely on any matters of NES (see section 5.3). No national heritage properties

are located in close proximity to the proposal. No Comm

Sydney Water€¦ · • a new WWPS and chemical dosing unit in Bargo • approximately 2.3km transfer main from the WWPS to a new Water Recycling Plant (WRP) • a new WRP and access

Documents