guide to licensing - nsw environment & heritage · guide to licensing: part b 1 appendix 1:...

Guide to Licensing Under the Protection of the Environment Operations Act 1997

Part B

Published by: Department of Environment and Climate Change NSW 59-61 Goulburn Street, Sydney PO Box A290, Sydney South 1232 Phone: (02) 9995 5000 (switchboard) Phone: 131 555 (environment information and publications requests) Fax: (02) 9995 5999 TTY: (02) 9211 4723 Email: [email protected] Website: www.environment.nsw.gov.au DECC 2008/247 ISBN 978 1 74122 828 1 April 2008

Contents

Appendix 1: Definitions....................................................................................1 1.1 General definitions 1 1.2 Definitions of waste classifications 7

Appendix 2: Schedule 1 (Parts 1 & 2) of the POEO Act...............................10 Part 1 Premises-based activities Part 2 Activities not premises-based

Appendix 3: Environmental impact statement (EIS) requirements ............46

Appendix 4: Supporting documentation required when applying for an environment protection licence ..........................................................60

Premises-based activities 60 Non-premises-based activities – mobile plant 63

Appendix 5: Fee-based activity classifications and assessable pollutants...................................................................64

Appendix 6: Catchments of NSW ................................................................113

Appendix 7: Determining grid coordinates ................................................114

Guide to Licensing: Part B

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Appendix 1: Definitions 1.1 General definitions Activity means an industrial, agricultural or commercial activity or an activity of any other nature whatever (including the keeping of a substance or an animal). Air impurity includes smoke, dust (including fly ash), cinders, solid particles of any kind, gases, fumes, mists, odours and radioactive substances. Air pollution means the emission into the air of any air impurity. AMG Reference means Australian Map Grid Reference. Using this standard map coordinate system enables the EPA to pinpoint the location of point-source discharges of pollution. The map coordinate system uses three values: an easting value, consisting of six digits, a northing value consisting of seven digits, and an AMG zone (zones 54 to 57 cover NSW). AMG reference detail is required for point-source discharges and emissions for each separate point, and also (in the case of a utilisation area being used for the land application of waste water or waste) for the approximate centre of the utilisation area. AMG reference is obtained from AMG maps or GPS receivers. Commercial services that can provide this information are also available. Ancillary activity means an activity that is subsidiary to the activity requiring a licence. Animal waste includes dead animals and animal parts and any mixture of dead animals and animal parts. Anniversary date means each anniversary of the date the licence was issued. See also licence-fee period. Asbestos means the fibrous form of those mineral silicates that belong to the serpentine or amphibole groups of rock-forming minerals, including actinolite, amosite (brown asbestos), anthophyllite, chrysotile (white asbestos), crocidolite (blue asbestos) and tremolite. Asbestos waste means any waste that contains asbestos. Assessable pollutants are those pollutants for which load fees are payable; the nature of the pollutants discharged affects the amount of the load-based licence fee (if any) payable for a licence. Biosolids means the organic product that results from sewage treatment processes (sometimes referred to as sewage sludge). Biosolids Guidelines means the document entitled Environmental Guidelines: Use and Disposal of Biosolids Products, published by the EPA and as in force from time to time, copies of which are held in the offices of the EPA. Note. A copy of the guidelines is available on the EPA’s website (www.environment.nsw.gov.au). Building and demolition waste means unsegregated material (other than material containing asbestos waste) that results from: (a) the demolition, erection, construction, refurbishment or alteration of buildings other than:

(i) chemical works, or (ii) mineral processing works, or (iii) container reconditioning works, or (iv) waste treatment facilities, or

(b) the construction, replacement, repair or alteration of infrastructure development such as roads, tunnels, sewage, water, electricity, telecommunications and airports,

and includes materials such as: (c) bricks, concrete, soil, paper, plastics, glass, metal, and


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(d) timber, including unsegregated timber, that may contain timber treated with chemicals such as copper chrome arsenate (CCA), high temperature creosote (HTC), pigmented emulsified creosote (PEC) and light organic solvent preservative (LOSP).

Capacity to produce, process, etc. means the amount of product that is physically able to be produced, processed, etc. taking into account: (a) the size of the plant or equipment being used (b) any expected maintenance time required during the period specified in the threshold (c) limits imposed by any legal constraints such as those that can be exercised under the

planning laws in the form of development consents and ‘existing use’ rights. Catchment means the area in which water (from rainfall or otherwise) collects, to form the supply of a river, stream or drainage area (see also Appendix 6). Clinical and related waste means: (a) clinical waste, or (b) cytotoxic waste, or (c) pharmaceutical, drug or medicine waste, or (d) sharps waste. Clinical waste means any waste resulting from medical, nursing, dental, pharmaceutical, skin penetration or other related clinical activity, being waste that has the potential to cause injury, infection or offence, and includes waste containing any of the following: (a) human tissue (other than hair, teeth and nails), (b) bulk body fluids or blood, (c) visibly blood-stained body fluids, materials or equipment, (d) laboratory specimens or cultures, (e) animal tissue, carcasses or other waste from animals used for medical research, but does not include any such waste that has been treated by a method approved in writing by the Director-General of the Department of Health. Coal includes any other carbonaceous material. Contaminated soil means soil that contains a substance at a concentration above the concentration at which the substance is normally present in soil from the same locality, being a presence that presents a risk of harm to human health or any other aspect of the environment, where harm to the environment includes any direct or indirect alteration of the environment that has the effect of degrading the environment. Cytotoxic waste means any substance contaminated with any residues or preparations that contain materials that are toxic to cells principally through their action on cell reproduction. Dangerous goods has the same meaning as it has in the Transport of Dangerous Goods Code. Discharge point means the precise location at which a pollutant is to be discharged or waste is to be disposed of. Eastings see AMG Reference. Effluent means (a) waste water from sewage collection or treatment plants, or (b) waste water from collection or treatment systems that are ancillary to processing

industries involving livestock, agriculture, wood, paper or food, being waste water that is conveyed from the place of generation by means of a pipe, canal or other conventional method used in irrigation (but not by means of a tanker or truck), or

(c) waste water from collection or treatment systems that are ancillary to intensive livestock, aquaculture or agricultural industries, being waste water that is released by means of a pipe, canal or other conventional method used in irrigation as part of day-to-day farming operations.

Electricity plant includes all associated water storage, ash recovery and waste management facilities.


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Enclosed waters means all waters other than open coastal waters or estuarine waters. 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 paragraphs (a)–(c). Environment protection licence means a licence authorising the carrying out of scheduled development work or scheduled activities or controlling the pollution of water arising from non-scheduled activities, being a licence issued under Chapter 3 of the POEO Act and in force. Environment protection notice means a clean-up notice, prevention notice or prohibition notice issued under Chapter 4 of the POEO Act and in force. Environmental planning instrument means an environmental planning instrument within the meaning of the Environmental Planning and Assessment Act 1979. EPA Gazettal notice means a notice that has been published in the Gazette by the EPA, copies of which are held in the offices of the EPA. Estuarine waters means all waters (other than open coastal waters): (a) that are ordinarily subject to tidal influence, and (b) that have a mean tidal range greater than 800 mm (being the average difference between

the mean high-water mark and the mean low-water mark, expressed in millimetres, over the course of a year).

Excluded material means contaminated soil, grease trap waste, waste stored prior to its lawful discharge to a sewer or waters, septic tank waste, stormwater or recoverable oil or oil and water mixture. Explosives has the same meaning as it has in the Australian Explosives Code. Food waste means waste from the manufacture, preparation, sale or consumption of food but does not include grease trap waste. Friable asbestos waste means asbestos waste: (a) that is in the form of a powder, or (b) that can be crumbled or reduced to powder by hand pressure when dry. Garden waste means waste that consists of branches, grass, leaves, plants, loppings, tree trunks, tree stumps and similar materials, and includes any mixture of those materials. Grease trap waste means any grease, oil, solids, water or other matter: (a) that results from the preparation or manufacturing of food, and (b) that is collected in a grease trap in the usual course of the operation of the grease trap. Licence means an environment protection licence. Licence application means an application for the issue, transfer, variation or surrender of a licence. Licence-fee period means the 12-month period from the date of issue of the licence until the anniversary of that date, and each subsequent 12-month period. See also Anniversary date. Local authority means (a) a local council (being the council of an area under the Local Government Act 1993), or (b) the Lord Howe Island Board in relation to Lord Howe Island, or (c) the Western Lands Commissioner in relation to the Western Division, except any part of

the Western Division within the area of a local council, or (d) an authority prescribed by the regulations for the purposes of this paragraph for any place

not covered above, or


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(e) an authority prescribed instead by the regulations for the purposes of this paragraph for any place wholly or partly covered above.

Manure includes any mixture of manure and biodegradable animal bedding (such as straw). Metropolitan area means the area of Sydney, Newcastle, Central Coast and Wollongong bounded by and including the local government areas of Newcastle, Lake Macquarie, Wyong, Gosford, Hawkesbury, Blue Mountains, Penrith, Liverpool, Camden, Campbelltown, Wollongong and Shellharbour. Mobile plant means any equipment or machinery that: (a) is capable of carrying on any one or more of the activities referred to in Schedule 1 of the

POEO Act (see Appendix 2 of this guide), and (b) is capable of moving under its own motive power or of being transported, and (c) is operated at a particular site on a temporary basis only (that is, for a total period of not

more than 6 months in any 12-month period), but does not include rolling stock. National environment protection (movement of controlled waste between states and territories) measure means the document made under the National Environment Protection Council Act 1994 of the Commonwealth on 26 June 1998. Natural organic fibrous materials waste means bagasse, peat, seed hulls and husks, straw and the like, and includes any mixture of those materials Non-point source means discharges arising from multiple activities over a broad area, for example, stormwater run-off. Non-premises-based activity means an activity listed in Part 2 of Schedule 1 of the POEO Act (see Appendix 2 of this guide). Non-scheduled activity means an activity that is not a scheduled activity and is not scheduled development work. Northings see AMG Reference. Not capable of environmentally significant biological transformation: A reference to a waste that is not capable of environmentally significant biological transformation is a reference to: (a) waste that has a specific oxygen uptake of less than 1.5 milligrams O2/hour/g total

organic solids at 200C, or (b) waste that has been treated by composting for at least 14 days, during which time:

(i) the average temperature of the organic waste has not been less than 450oC, and (ii) the minimum temperature of the organic waste has not been less than 400oC, or

(c) organic waste in which the mass of volatile solids has been reduced, during composting for the purpose of stabilisation, by at least 38%, or

(d) biologically treated putrescible waste in which the organics fraction has a self-heating temperature not less than 400oC, when tested in accordance with the test method in Appendix K of AS 4454—2003 Composts, soil, conditioners and mulches, or

(e) waste that has been subjected to, and has met the requirements of, alternative tests approved for the time being pursuant to an EPA Gazettal notice.

Occupier of premises means the person who has the management or control of the premises. On site: a reference to something being done in relation to waste on site is a reference to that thing being done only on the premises on which the waste was generated. Open coastal waters means all waters of the Pacific Ocean, except for those waters enclosed by a straight line drawn between the low-water marks of consecutive headlands. For more detail, refer to Schedule 5 of the POEO (General) Regulation 1998. Organics means natural organic fibrous materials of waste and non-waste origin, including:


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(a) putrescible organics (such as meat, fish, poultry, fruit, vegetable and their cooked or processed products, biosolids and animal materials), and

(b) non-putrescible organics (such as timber, garden trimmings, agricultural, forestry and crop materials, and natural fibrous organic and vegetative materials),

but does not include: (c) human-made organic chemicals (such as solvents, industrial, agricultural, mining,

household chemical cleaning agents and personal care products), or (d) naturally occurring organic chemicals that have been refined and concentrated by human

activity (such as oil, petrol, diesel and coal tar). Owner means the owner of waste or other substances but does not include (in any provision under which a person commits an offence in the capacity of owner) a financial institution that is acting solely as a holder of a security interest in the waste or other substances. In that case, the person who has control of the waste or other substances is taken to be the owner. Pharmaceutical, drug or medicine waste means waste: (a) that has been generated by activities carried out for business or commercial purposes,

and (b) that consists of pharmaceutical or other chemical substances specified in the Poisons List

made under section 8 of the Poisons and Therapeutic Goods Act 1966. Plant means any plant, equipment, apparatus, device, machine or mechanism, and includes any vessel, dredge, railway locomotive or crane, but does not include a motor vehicle. Point source means the individual source of discharge, such as a discharge pipe or a chimney stack. Pollution means water pollution, air pollution, noise pollution, or land pollution. Premises includes: (a) a building or structure, or (b) land or a place (whether enclosed or built on or not), or (d) a mobile plant, vehicle, vessel or aircraft. Premises-based activity means an activity listed in Part 1 of Schedule 1 of the POEO Act (see Appendix 2 of this guide). Public authority means a public or local authority constituted by or under an Act, and includes: (a) a government department, or (b) a statutory body representing the Crown, a State owned corporation or a local council, or (c) a member of staff or other person who exercises functions on behalf of a public authority. Receiving waters mean waters into which water discharges flow from an activity. Records include plans, specifications, maps, reports, books and other documents (whether in writing, electronic form or otherwise). Regulatory authority means the EPA, a local authority or a public authority prescribed for the purposes of section 6(3) of the POEO Act. Regulated area means the area comprising the local government areas of Ashfield, Auburn, Bankstown, Baulkham Hills, Blacktown, Botany, Burwood, Camden, Campbelltown, Canada Bay, Canterbury, Cessnock, Fairfield, Gosford, Hawkesbury, Holroyd, Hornsby, Hunters Hill, Hurstville, Kiama, Kogarah, Ku-ring-gai, Lake Macquarie, Lane Cove, Leichhardt, Liverpool, Maitland, Manly, Marrickville, Mosman, Newcastle, North Sydney, Parramatta, Penrith, Pittwater, Port Stephens, Randwick, Rockdale, Ryde, Shellharbour, Shoalhaven, Strathfield, Sutherland, Sydney, Warringah, Waverley, Willoughby, Wingecarribee, Wollongong, Woollahra and Wyong.


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Rolling stock means: (a) railway vehicles used or intended to be used to transport passengers or freight for

reward, or (b) railway vehicles used or intended to be used to maintain railway track and equipment

(whether or not for reward), but does not include railway vehicles that are used solely for heritage purposes. Scheduled activity means an activity listed in Schedule 1 of POEO Act (see Appendix 2 of this guide). Scheduled development work means work at any premises that is designed to enable scheduled activities to be carried on at the premises. Sharps means those things: (a) that have sharp points or edges capable of cutting, piercing or penetrating the skin (such

as needles, syringes with needles or surgical instruments), and (b) that are designed for the purpose of cutting, piercing or penetrating the skin, and (c) that have the potential to cause injury or infection. Sharps waste means any waste collected from designated sharps waste containers used in the course of business, commercial or community service activities, being waste resulting from the use of sharps for any of the following purposes: (a) human health care by health professionals and other health care providers, (b) medical research or work on cadavers, (c) veterinary care or veterinary research, (d) skin penetration or the injection of drugs or other substances for medical or non-medical

reasons, but does not include waste that has been treated: (e) at premises at which a waste activity is carried out, or (f) on the site where it was generated, and to a standard specified in an EPA Gazettal

notice. Thermal treatment means the processing of wastes by burning, incineration, thermal oxidation, gasification, pyrolysis, plasma or other thermal treatment processes. Toxic substance has the same meaning as it has in the Transport of Dangerous Goods Code. Transport of Dangerous Goods Code means the document called the Australian Code for the Transport of Dangerous Goods by Road and Rail (7th edition) approved by the Ministerial Council for Road Transport and published by the Commonwealth Government from time to time. Threshold means a level of production or processing (or capacity to produce or process), above which an activity becomes a scheduled activity, and at or below which an activity becomes a non-scheduled activity. Utilisation area means the area used for the application of waste and/or waste water. Virgin excavated natural material means natural material (such as clay, gravel, sand, soil or rock fines): (a) that has been excavated or quarried from areas that are not contaminated with

manufactured chemicals, or with process residues, as a result of industrial, commercial, mining or agricultural activities, and

(b) that does not contain any sulfidic ores or soils or any other waste, and includes excavated natural material that meets such criteria for virgin excavated natural material as may be approved for the time being pursuant to an EPA Gazettal notice.

Waste activity means any activity that is a scheduled activity by reason only that it involves having on site at any time more than 5 tonnes of any hazardous waste, restricted solid waste or liquid waste. Note. See the use of this expression in section 91 (1) of the Environmental Planning and Assessment Act 1979.


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Waste facility means any premises used for the storage, treatment, processing, sorting or disposal of waste (except as provided by the regulations). Waste Classification Guidelines means the document entitled Waste Classification Guidelines, published by the EPA and as in force from time to time, copies of which are held in the offices of the EPA. Note. A copy of the guidelines is available on the EPA’s website (www.environment.nsw.gov.au). Waste tyres means used, rejected or unwanted tyres, including shredded tyres or tyre pieces. Water pollution or pollution of waters means (a) placing in or on, or otherwise introducing into or onto, waters (whether through an act or

omission) any matter, whether solid, liquid or gaseous, so that the physical, chemical or biological condition of the waters is changed, or

(b) placing in or on, or otherwise introducing into or onto, the waters (whether through an act or omission) any refuse, litter, debris or other matter, whether solid or liquid or gaseous, so that the change in the condition of the waters or the refuse, litter, debris or other matter, either alone or together with any other refuse, litter, debris or matter present in the waters makes, or is likely to make, the waters unclean, noxious, poisonous or impure, detrimental to the health, safety, welfare or property of persons, undrinkable for farm animals, poisonous or harmful to aquatic life, animals, birds or fish in or around the waters or unsuitable for use in irrigation, or obstructs or interferes with, or is likely to obstruct or interfere with persons in the exercise or enjoyment of any right in relation to the waters, or

(c) placing in or on, or otherwise introducing into or onto, the waters (whether through an act or omission) any matter, whether solid, liquid or gaseous, that is of a prescribed nature, description or class or that does not comply with any standard prescribed in respect of that matter, and, without affecting the generality of the foregoing, includes:

(d) placing any matter (whether solid, liquid or gaseous) in a position where: (i) it falls, descends, is washed, is blown or percolates, or (ii) it is likely to fall, descend, be washed, be blown or percolate,

into any waters, onto the dry bed of any waters, or into any drain, channel or gutter used or designed to receive or pass rainwater, floodwater or any water that is not polluted, or

(e) placing any such matter on the dry bed of any waters, or in any drain, channel or gutter used or designed to receive or pass rainwater, floodwater or any water that is not polluted,

if the matter would, had it been placed in any waters, have polluted or have been likely to pollute those waters. Waters means the whole or any part of: (a) any river, stream, lake, lagoon, swamp, wetlands, unconfined surface water, natural or

artificial watercourse, dam or tidal waters (including the sea), or (b) any water stored in artificial works, any water in water mains, water pipes or water

channels, or any underground or artesian water. Wood waste means sawdust, timber offcuts, wooden crates, wooden packaging, wooden pallets, wood shavings and similar materials, and includes any mixture of those materials, but does not include wood treated with chemicals such as copper chrome arsenate (CCA), high temperature creosote (HTC), pigmented emulsified creosote (PEC) and light organic solvent preservative (LOSP).

1.2 Definitions of waste classifications General solid waste (non-putrescible) means waste (other than special waste, hazardous waste, restricted solid waste, general solid waste (putrescible) or liquid waste) that includes any of the following: (a) glass, plastic, rubber, plasterboard, ceramics, bricks, concrete or metal, (b) paper or cardboard, (c) household waste from municipal clean-up that does not contain food waste, (d) waste collected by or on behalf of local councils from street sweeping,


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(e) grit, sediment, litter and gross pollutants collected in, and removed from, stormwater treatment devices or stormwater management systems, that has been dewatered so that it does not contain free liquids,

(f) grit and screenings from potable water and water reticulation plants that has been dewatered so that it does not contain free liquids,

(g) garden waste, (h) wood waste, (i) waste contaminated with lead (including lead paint waste) from residential premises or

educational or child care institutions, (j) containers, having previously contained dangerous goods, from which residues have

been removed by washing or vacuuming, (k) drained oil filters (mechanically crushed), rags and oil absorbent materials that only

contain non-volatile petroleum hydrocarbons and do not contain free liquids, (l) drained motor oil containers that do not contain free liquids, (m) non-putrescible vegetative waste from agriculture, silviculture or horticulture, (n) building cavity dust waste removed from residential premises, or educational or child care

institutions, being waste that is packaged securely to prevent dust emissions and direct contact,

(o) synthetic fibre waste (from materials such as fibreglass, polyesters and other plastics) being waste that is packaged securely to prevent dust emissions, but excluding asbestos waste,

(p) virgin excavated natural material, (q) building and demolition waste, (r) asphalt waste (including asphalt resulting from road construction and waterproofing

works), (s) biosolids categorised as unrestricted use, or as restricted use 1, 2 or 3, in accordance

with the criteria set out in the Biosolids Guidelines, (t) cured concrete waste from a batch plant, (u) fully cured and set thermosetting polymers and fibre reinforcing resins, (v) fully cured and dried residues of resins, glues, paints, coatings and inks, (w) anything that is classified as general solid waste (non-putrescible) pursuant to an EPA

Gazettal notice, (x) anything that is general solid waste (non-putrescible) within the meaning of the Waste

Classification Guidelines, (y) any mixture of anything referred to in paragraphs (a)–(x). General solid waste (putrescible) means waste (other than special waste, hazardous waste, restricted solid waste or liquid waste) that includes any of the following: (a) household waste containing putrescible organics, (b) waste from litter bins collected by or on behalf of local councils, (c) manure and nightsoil, (d) disposable nappies, incontinence pads or sanitary napkins, (e) food waste, (f) animal waste, (g) grit or screenings from sewage treatment systems that have been dewatered so that the

grit or screenings do not contain free liquids, (h) anything that is classified as general solid waste (putrescible) pursuant to an EPA

Gazettal notice, (i) anything that is general solid waste (putrescible) within the meaning of the Waste

Classification Guidelines, (j) a mixture of anything referred to in paragraphs (a)–(i). Hazardous waste means waste (other than special waste or liquid waste) that includes any of the following: (a) anything that is classified as:

(i) a substance of Class 1, 2, 5 or 8 within the meaning of the Transport of Dangerous Goods Code, or (ii) a substance to which Division 4.1, 4.2, 4.3 or 6.1 of the Transport of Dangerous Goods Code applies,

(b) containers, having previously contained: (i) a substance of Class 1, 3, 4, 5 or 8 within the meaning of the Transport of Dangerous

Goods Code, or (ii) a substance to which Division 6.1 of the Transport of Dangerous Goods Code

applies,


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from which residues have not been removed by washing or vacuuming, (c) coal tar or coal tar pitch waste (being the tarry residue from the heating, processing or

burning of coal or coke) comprising more than 1% (by weight) of coal tar or coal tar pitch waste,

(d) lead-acid or nickel-cadmium batteries (being waste generated or separately collected by activities carried out for business, commercial or community services purposes),

(e) lead paint waste arising otherwise than from residential premises or educational or child care institutions,

(f) anything that is classified as hazardous waste pursuant to an EPA Gazettal notice, (g) anything that is hazardous waste within the meaning of the Waste Classification

Guidelines, (h) a mixture of anything referred to in paragraphs (a)–(g). Liquid waste means any waste (other than special waste) that includes any of the following: (a) anything that:

(i) has an angle of repose of less than 5 degrees above horizontal, or (ii) becomes free-flowing at or below 600C or when it is transported, or (iii) is generally not capable of being picked up by a spade or shovel,

(b) anything that is classified as liquid waste pursuant to an EPA Gazettal notice. Non-liquid waste means any waste (other than special waste) that is not liquid waste. Restricted solid waste means any waste (other than special waste, hazardous waste or liquid waste) that includes any of the following: (a) anything that is restricted solid waste within the meaning of the Waste Classification

Guidelines, (b) anything that is classified as restricted solid waste pursuant to an EPA Gazettal notice. Special waste means any of the following: (a) clinical and related waste, (b) asbestos waste, (c) waste tyres, (d) anything that is classified as special waste pursuant to an EPA Gazettal notice.


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Appendix 2: Schedule 1 (Parts 1 & 2) of the POEO Act The following is an extract taken from the Protection of the Environment Operations Act 1997 as at April 2008. From time to time legislation may be subject to amendment. Refer to the Parliamentary Counsel’s Office website at www.legislation.nsw.gov.au for the latest version.

24 April 2008 LEGISLATION 2797

NEW SOUTH WALES GOVERNMENT GAZETTE No. 44

Protection of the Environment Operations Amendment (Scheduled Activities and Waste) Regulation 2008

Schedule 1 Amendment of Protection of the Environment Operations Act 1997

Page 4


(Clause 3)

Schedule 1Omit the Schedule. Insert instead:

Schedule 1 Scheduled activities(Section 5)

Note. Parts 1 and 2 of this Schedule list the activities that are scheduled activities forthe purposes of this Act (see sections 48 and 49). Part 3 defines various words andexpressions that are used in Parts 1 and 2.

Part 1 Premises-based activities1 Application of Part

(1) For the purposes of section 48, any activity that is declared by thisPart to be a scheduled activity is taken to be an activity for whicha licence is required for the premises at which it is carried out (theactivity is premises-based).Note. Section 48 (2) provides that the occupier of premises at whichsuch an activity is carried out is guilty of an offence unless he or sheholds a licence that authorises the activity to be carried out at thosepremises.

(2) However, such an activity is not premises-based if it is carried outby means of mobile plant.Note. But see clauses 46 and 47 by operation of which activities carriedout by means of mobile plant are declared for the purposes of section 49.

2 Agricultural processing(1) This clause applies to the following activities:

dairy processing, meaning the processing of dairy produce aspart of the production of milk, evaporated or condensed milk,buttermilk, cream, cheese, butter, ice-cream or similar products.general agricultural processing, meaning the processing ofagricultural produce (otherwise than as part of the manufacture ofbeer, wine, spirits, vinegar, acetic acid or similar products), butexcluding:

2798 LEGISLATION 24 April 2008


Page 5


Amendment of Protection of the Environment Operations Act 1997 Schedule 1

(a) dairy processing and grape processing, and(b) the processing of agricultural produce by means of mobile

processing operations.grape processing, meaning the processing of grapes (otherwisethan by distilling) as part of the manufacture of wine, spirits,vinegar, acetic acid or similar products.

(2) Each activity referred to in Column 1 of the Table to this clauseis declared to be a scheduled activity if it meets the criteria set outin Column 2 of that Table.

(3) In this clause:agricultural produce includes seeds, fruit, vegetables and otherplant material, but excludes dairy produce and grapes.process includes crush, juice, grind, gin, mill, separate, wash,sort, coat, roll, press, steam, flake, comb, homogenise andpasteurise.

Table

3 Aquaculture and mariculture(1) This clause applies to aquaculture and mariculture, each

meaning the commercial production of marine, estuarine orfreshwater organisms, including aquatic animals and plants butexcluding oysters, being an activity that involves:(a) supplemental feeding in tanks or artificial waterbodies,

and(b) the discharge of effluent, liquid sludge or other waste

water into natural waterbodies, including discharge bymeans of a pipe, drain, drainage depression, canal or otherform of conveyance.

Column 1 Column 2Activity Criteriadairy processing capacity to process more than

30,000 megalitres of dairy produce per year

general agricultural processing capacity to process more than 30,000 tonnes of agricultural produce per year

grape processing capacity to process more than 30,000 tonnes of grapes per year





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(2) Each activity to which this clause applies is declared to be ascheduled activity.

(3) In this clause, natural waterbody includes any river, stream, lake,lagoon, swamp, wetland or watercourse (including any naturalwatercourse that has been artificially modified) or tidal waters(including the sea).

4 Bitumen mixing(1) This clause applies to bitumen mixing, meaning the mixing of

crushed or ground rock with bituminous materials.(2) The activity to which this clause applies is declared to be a

scheduled activity if:(a) it has a capacity to produce more than 150 tonnes of

bituminous mixture per day or 30,000 tonnes ofbituminous mixture per year, and

(b) it is carried out otherwise than on or adjacent to aconstruction site by means of temporary works used toprovide bituminous mixture for that site (that is, worksused for periods totalling no more than 12 months).

5 Brewing and distilling(1) This clause applies to the activities of brewing and distilling,

each meaning the production of alcohol or alcoholic products(otherwise than for the manufacture of wine, vinegar, acetic acidor similar products).

(2) Each activity to which this clause applies is declared to be ascheduled activity if it has a capacity to produce more than30 tonnes of alcohol or alcoholic products per day or 10,000tonnes of alcohol or alcoholic products per year.

6 Cement or lime works(1) This clause applies to the following activities:

cement or lime handling, meaning the handling of cement, flyash, powdered lime (other than agricultural lime) or any othersimilar dry cement products.cement or lime production, meaning the production of cement orlime:(a) by heating argillaceous or calcareous materials to produce

cement clinkers, grinding clinkers or slags, or(b) by hydrating quicklime.



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Table

7 Ceramic works(1) This clause applies to the following activities:

ceramic waste generation, meaning ceramics production or glassproduction that involves having on site any prescribed waste (thatis, hazardous waste, restricted solid waste or liquid waste, or anycombination of them).ceramics production, meaning the production of ceramics (otherthan glass), including products such as bricks, tiles, pipes, potterygoods or refractories manufactured through a firing process.glass production, meaning the production of glass by melting.


Table

Column 1 Column 2Activity Criteriacement or lime handling capacity to handle more than 150

tonnes of cement or lime per day or 30,000 tonnes of cement or lime per year

cement or lime production capacity to produce more than 150 tonnes of cement or lime per day or 30,000 tonnes of cement or lime per year

Column 1 Column 2Activity Criteriaceramic waste generation involves having on site at any

time more than 5 tonnes of prescribed waste, not including excluded material (where 1,000 litres of liquid is taken to weigh 1 tonne)





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8 Chemical production(1) This clause applies to the following activities:

agricultural fertiliser (inorganic) production, meaning thecommercial production of, or research into, inorganic (other thanphosphate) plant fertilisers.agricultural fertiliser (phosphate) production, meaning thecommercial production of, or research into, phosphate plantfertilisers.ammonium nitrate production, meaning the commercialproduction of, or research into, ammonium nitrate for anypurpose, including fertilisers or explosives.battery production, meaning the commercial production of, orresearch into, batteries containing acid or alkali and metal plates.carbon black production, meaning the commercial productionof, or research into, carbon black.chemical production waste generation, meaning the commercialproduction of, or research into, any chemical substance thatinvolves having on site any prescribed waste (that is, hazardouswaste, restricted solid waste or liquid waste, or any combinationof them).dangerous goods production, meaning the commercialproduction of, or blending, recovering, using or research into,dangerous goods (other than toxic substances, explosives orradioactive substances).explosives production, meaning the commercial production of,or research into, explosives for industrial, extractive and miningpurposes or for the production of ammunition, fireworks or fuelpropellants, but not including:(a) ammonium nitrate production, or(b) the production of explosives for mining purposes, when

carried out at a mine.

ceramics production capacity to produce more than 150 tonnes of ceramics per day or 15,000 tonnes of ceramics per year

glass production capacity to produce more than 150 tonnes of glass per day or 15,000 tonnes of glass per year

Column 1 Column 2Activity Criteria



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paints/polishes/adhesives production, meaning the commercialproduction of, or research into, paints, paint solvents, pigments,dyes, printing inks, industrial polishes, adhesives or sealants.pesticides and related products production, meaning thecommercial production (otherwise than by simple blending) of,or research into, pesticides, fungicides, herbicides, rodenticides,nematocides, miticides, fumigants or related products.pesticides and related products (toxic substances) production,meaning the commercial production (otherwise than by simpleblending) of, or research into, pesticides, fungicides, herbicides,rodenticides, nematocides, miticides, fumigants or relatedproducts that are toxic substances.petrochemical production, meaning the commercial productionof, or research into, petrochemicals and petrochemical products.pharmaceutical and veterinary products production, meaningthe commercial production of, or research into, pharmaceutical orveterinary products that are toxic substances.plastic resins production, meaning the commercial productionof, or research into, synthetic plastic resins.plastics reprocessing, meaning the reprocessing of plasticsotherwise than by simple melting and reforming.rubber products/tyres production, meaning the commercialproduction of, or research into, rubber products or rubber tyres(including tyre retreading).soap and detergents production, meaning the commercialproduction (otherwise than by simple blending) of, or researchinto, soaps or detergents (including any domestic, institutional orindustrial soaps or detergent activity).soap and detergents (toxic substances) production, meaning thecommercial production of, or research into, soaps or detergentsthat contain toxic substances (including any domestic,institutional or industrial soaps or detergent activity).synthetic rubber production, meaning the commercialproduction of, or research into, synthetic rubber.toxic substance production, meaning the commercial productionof, or research into, toxic substances, but not including:(a) pesticides and related products (toxic substances)

production, or(b) pharmaceutical and veterinary products production, or(c) soap and detergents (toxic substances) production.





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TableColumn 1 Column 2Activity Criteriaagricultural fertiliser (inorganic) production

capacity to produce more than 20,000 tonnes of inorganic (other than phosphate) plant fertilisers per year

agricultural fertiliser (phosphate) production

capacity to produce more than 20,000 tonnes of phosphate plant fertilisers per year

ammonium nitrate production capacity to produce more than 20,000 tonnes of ammonium nitrate per year

battery production capacity to produce more than 30 tonnes of batteries (calculated by the weight of their metal content) per year

carbon black production capacity to produce more than 5,000 tonnes of carbon black per year

chemical production waste generation

involves having on site at any time more than 5 tonnes of prescribed waste, not including excluded material (where 1,000 litres of liquid is taken to weigh 1 tonne)

dangerous goods production capacity to produce more than 1,000 tonnes of dangerous goods per year

explosives production any capacity to produce explosives

paints/polishes/adhesives production

capacity to produce more than 5,000 tonnes of paints, paint solvents, pigments, dyes, printing inks, industrial polishes, adhesives or sealants per year

pesticides and related products production

capacity to produce more than 2,000 tonnes of pesticides and related products per year



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9 Chemical storage(1) This clause applies to the following activities:

chemical storage waste generation, meaning chemicalsubstances storage that involves having on site any prescribedwaste (that is, hazardous waste, restricted solid waste or liquidwaste, or any combination of them).

pesticides and related products (toxic substances) production

capacity to produce more than 1 tonne of pesticides and related products (toxic substances) per year

petrochemical production capacity to produce more than 2,000 tonnes of petrochemicals per year

pharmaceutical and veterinary products production

capacity to produce more than 1 tonne of pharmaceutical and veterinary products per year

plastic resins production capacity to produce more than 2,000 tonnes of plastic resins per year

plastics reprocessing capacity to reprocess more than 5,000 tonnes of plastics per year

rubber products/tyres production capacity to produce more than 5,000 tonnes of rubber products or tyres per year

soap and detergents production capacity to produce more than 5,000 tonnes of soap and detergents per year

soap and detergents (toxic substances) production

capacity to produce more than 100 tonnes of soap and detergents per year

synthetic rubber production capacity to produce more than 2,000 tonnes of synthetic rubber per year

toxic substance production capacity to produce more than 1 tonne of toxic substances per year






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general chemicals storage, meaning the storage or packaging ofchemical substances (other than petroleum or petroleumproducts) in containers, bulk storage facilities or stockpiles.petroleum products storage, meaning the storage or packagingof petroleum or petroleum products in containers, bulk storagefacilities or stockpiles.


Table

10 Coal works(1) This clause applies to coal works, meaning any activity (other

than coke production) that involves storing, loading or handlingcoal (whether at any coal loader, conveyor, washery or rejectdump or elsewhere) at an existing coal mine or on a separate coalindustry site.

(2) The activity to which this clause applies is declared to be ascheduled activity if:(a) it has a capacity to handle more than 500 tonnes per day of

coal, or(b) it has a capacity to store more than 5,000 tonnes of coal

(not including storage within a closed container orbuilding).

Column 1 Column 2Activity Criteriachemical storage waste generation involves having on site at any


general chemicals storage capacity to store more than 20 tonnes (pressurised gases), 200 tonnes (liquefied gases) or 2,000 tonnes (chemicals in any other form)

petroleum products storage capacity to store more than 200 tonnes (liquefied gases) or 2,000 tonnes (chemicals in any other form)



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11 Coke production(1) This clause applies to coke production, meaning the production

of coke from coal (including by quenching, cutting, crushing orgrinding).

(2) The activity to which this clause applies is declared to be ascheduled activity if:(a) it has a capacity to handle more than 500 tonnes per day of

coke or coal, or(b) it has a capacity to store more than 5,000 tonnes of coke or

coal (not including storage within a closed container orbuilding).

12 Composting(1) This clause applies to composting, meaning the aerobic or

anaerobic biological conversion of organics into humus-likeproducts:(a) by methods such as bioconversion, biodigestion or

vermiculture, or(b) by size reduction of organics by shredding, chipping,

mulching or grinding.(2) The activity to which this clause applies is declared to be a

scheduled activity if:(a) where it takes place inside the regulated area, or takes

place outside the regulated area but receives organics frominside the regulated area (whether or not it also receivesorganics from outside the regulated area):(i) it has on site at any time more than 200 tonnes of

organics received from off site, or(ii) it receives from off site more than 5,000 tonnes per

year of non-putrescible organics or more than 200tonnes per year of putrescible organics, or

(b) where it takes place outside the regulated area and does notreceive organics from inside the regulated area:(i) it has on site at any time more than 2,000 tonnes of

organics received from off site, or(ii) it receives from off site more than 5,000 tonnes per

year of non-putrescible organics or more than 200tonnes per year of putrescible organics.

(3) For the purposes of this clause, 1 cubic metre of organics is takento weigh 0.5 tonnes.





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13 Concrete works(1) This clause applies to concrete works, meaning the production of

pre-mixed concrete or concrete products (for example, concretebatching plants).

(2) The activity to which this clause applies is declared to be ascheduled activity if it has a capacity to produce more than30,000 tonnes per year of concrete or concrete products.

14 Container reconditioning(1) This clause applies to container reconditioning, meaning:

(a) the receiving from off site of containers (including metal,plastic or glass drums, bottles, cylinders or intermediatebulk containers) previously used for the transport orstorage of and containing residual quantities of:(i) substances of Class 1, 3, 4, 5 or 8 within the

meaning of the Transport of Dangerous GoodsCode, or

(ii) substances to which Division 6.2 of the Transport ofDangerous Goods Code applies, and

(b) the reconditioning, recovering, treating or storing of suchcontainers.

(2) The activity to which this clause applies is declared to be ascheduled activity if it involves having more than 100 suchcontainers on site at any time.

15 Contaminated soil treatment(1) This clause applies to contaminated soil treatment, meaning the

on site or off site treatment of contaminated soil (including, ineither case, incineration or storage of contaminated soil butexcluding excavation for treatment at another site).

(2) The activity to which this clause applies is declared to be ascheduled activity if:(a) in any case, it has the capacity to treat more than 1,000

cubic metres per year of contaminated soil received fromoff site, or

(b) where it treats contaminated soil originating exclusivelyon site, it has a capacity:(i) to incinerate more than 1,000 cubic metres per year

of contaminated soil, or



Page 15



(ii) to treat (otherwise than by incineration) and storemore than 30,000 cubic metres of contaminated soil,or

(iii) to disturb more than an aggregate area of 3 hectaresof contaminated soil.

16 Crushing, grinding or separating(1) This clause applies to crushing, grinding or separating, meaning

the processing of materials (including sand, gravel, rock orminerals, but not including waste of any description) by crushing,grinding or separating them into different sizes.

(2) The activity to which this clause applies is declared to be ascheduled activity if it has a capacity to process more than 150tonnes of materials per day or 30,000 tonnes of materials peryear.

17 Electricity generation(1) This clause applies to the following activities:

general electricity works, meaning the generation of electricityby means of electricity plant that, wherever situated, is based on,or uses, any energy source other than wind power or solar power.metropolitan electricity works (gas turbines), meaning thegeneration of electricity by means of electricity plant:(a) that is based on, or uses, a gas turbine, and(b) that is situated in the metropolitan area or in the local

government area of Port Stephens, Maitland, Cessnock,Singleton, Wollondilly or Kiama,

not being emergency stand-by plant that operates for less than200 hours per year.metropolitan electricity works (internal combustion engines),meaning the generation of electricity by means of electricityplant:(a) that is based on, or uses, an internal combustion engine,

and(b) that is situated in the metropolitan area or in the local

government area of Port Stephens, Maitland, Cessnock,Singleton, Wollondilly or Kiama,

not being emergency stand-by plant that operates for less than200 hours per year.





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Table

18 Energy recovery(1) This clause applies to the following activities:

energy recovery from general waste, meaning the receiving fromoff site of, and the recovery of energy from, any waste (other thanhazardous waste, restricted solid waste, liquid waste or specialwaste).energy recovery from hazardous and other waste, meaning thereceiving from on site or off site of, and the recovery of energyfrom, hazardous waste, restricted solid waste, liquid waste orspecial waste.

(2) However, this clause does not apply to any of the following:(a) the processing of contaminated soil,(b) container reconditioning,(c) the recovery of gases that are dangerous goods of Class 2

within the meaning of the Transport of Dangerous GoodsCode.

(3) Each activity referred to in Column 1 of the Table to this clauseis declared to be a scheduled activity if:(a) it meets the criteria set out in Column 2 of that Table, and(b) the regulations under section 286 exempt the person

carrying out the activity from the requirements of section48 (2) as they apply to waste disposal (thermal treatment).

(4) For the purposes of this clause, 1 litre of waste is taken to weigh1 kilogram.

Column 1 Column 2Activity Criteriageneral electricity works capacity to generate more than

30 megawatts of electrical powermetropolitan electricity works (gas turbines)

capacity to burn more 20 megajoules of fuel per second

metropolitan electricity works (internal combustion engines)

capacity to burn more than 3 megajoules of fuel per second



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Table

19 Extractive activities(1) This clause applies to the following activities:

land-based extractive activity, meaning the extraction,processing or storage of extractive materials, either for sale orre-use, by means of excavation, blasting, tunnelling, quarrying orother such land-based methods.water-based extractive activity, meaning the extraction ofextractive materials, either for sale or re-use, by means ofdredging or other such water-based methods.

(2) In this clause, extractive materials means clay, sand, soil, stone,gravel, rock, sandstone or similar substances that are not mineralswithin the meaning of the Mining Act 1992.


Table

Column 1 Column 2Activity Criteriaenergy recovery from general waste

involves processing more than 200 tonnes per year of waste (other than hazardous waste, restricted solid waste, liquid waste or special waste)

energy recovery from hazardous and other waste

involves having on site at any time more than 200 kilograms of hazardous waste, restricted solid waste, liquid waste or special waste

Column 1 Column 2Activity Criterialand-based extractive activity involves the extraction,

processing or storage of more than 30,000 tonnes per year of extractive materials

water-based extractive activity involves the extraction of more than 30,000 cubic metres per year of extractive materials





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20 Helicopter-related activities(1) This clause applies to a helicopter-related activity, meaning the

landing, taking-off or parking of helicopters (including the use ofterminals and the use of buildings for the parking, servicing ormaintenance of helicopters), being an activity:(a) that has an intended use of more than 30 flight movements

per week (where take-off and landing are separate flightmovements), and

(b) that is conducted within 1 kilometre of a dwelling notassociated with the landing, taking-off or parking ofhelicopters,

but not including an activity that is carried out exclusively for thepurposes of emergency aeromedical evacuation, retrieval orrescue.

(2) The activity to which this clause applies is declared to be ascheduled activity.

21 Irrigated agriculture(1) This clause applies to irrigated agriculture, meaning the

irrigation activity of an irrigation corporation within the meaningof the Water Management Act 2000, but not including theirrigation activity of individual irrigators in the area of operationsof any such irrigation corporation.


22 Livestock intensive activities(1) This clause applies to the following activities:

animal accommodation, meaning the accommodation ofanimals for the purposes of sale, auction or exchange or fortransportation by road, rail or ship.bird accommodation, meaning the accommodation of birds forcommercial production.cattle, sheep or horse accommodation, meaning theaccommodation of cattle, sheep or horses in a confinement areafor rearing or fattening (wholly or substantially) on prepared ormanufactured feed (excluding facilities for drought or similaremergency relief).dairy animal accommodation, meaning the accommodation ofanimals for milk production.



Page 19



pig accommodation, meaning the accommodation of pigs forcommercial production.


Table

23 Livestock processing activities(1) This clause applies to the following activities:

general animal products production, meaning the manufactureof products derived from the slaughter of animals occurring inplants producing products such as hides, adhesives, pet food,gelatine, fertiliser or meat products.greasy wool or fleece processing, meaning the scouring, toppingor carbonising of greasy wool or fleeces.rendering or fat extraction, meaning the manufacture ofproducts derived from the slaughter of animals occurring inrendering or fat extraction plants.slaughtering or processing animals, meaning the slaughtering orprocessing of animals (including poultry and fish).

Column 1 Column 2Activity Criteriaanimal accommodation capacity to handle more than

50,000 cattle or 200,000 animals of any type (including cattle) per year

bird accommodation capacity to accommodate more than 250,000 birds at any time

cattle, sheep or horse accommodation

capacity to accommodate more than 1,000 head of cattle, 4,000 sheep or 400 horses at any time

dairy animal accommodation capacity to accommodate more than 800 animals at any time

pig accommodation capacity to accommodate more than 2,000 pigs or 200 breeding sows at any time





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tanneries or fellmongeries, meaning the manufacture ofproducts derived from the slaughter of animals occurring intanneries or fellmongeries (that is, operations that process animalskins or other animal products to produce leather or other similarproducts).


Table

24 Logging operations(1) This clause applies to the following activities:

access road construction, meaning the construction of newaccess roads in connection with timber-getting in a compartmentin a State forest or Crown timber land (within the meaning of theForestry Act 1916).timber-getting, meaning the cutting and removal of timber (beingsawlogs or pulplogs) from a compartment in a State forest orCrown timber land (within the meaning of the Forestry Act1916).


Column 1 Column 2Activity Criteriageneral animal products production

capacity to produce more than 5,000 tonnes of animal products per year

greasy wool or fleece processing capacity to process more than 200 tonnes of wool or fleece per year

rendering or fat extraction capacity to produce more than 200 tonnes of tallow, fat or their derivatives or proteinaceous matter per year

slaughtering or processing animals

capacity to slaughter or process more than 750 tonnes live weight per year

tanneries or fellmongeries capacity to process more than 2 tonnes of skins or hides per year



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(3) In this clause:land west of the Great Dividing Range means the area shown onthe map entitled “Land west of the Great Dividing Range”,published by the EPA and as in force from time to time, copies ofwhich are held in the offices of the EPA.Note. A copy of the map is available on the EPA’s website(www.environment.nsw.gov.au).

Table

25 Marinas and boat repairs(1) This clause applies to the following activities:

boat construction/maintenance (dry/floating docks), meaningthe use of dry docks or floating docks for the construction, repairand maintenance of vessels.boat construction/maintenance (general), meaning the use offacilities (whether water-based or land-based) for theconstruction, repair and maintenance of vessels (other than drydocks, floating docks and facilities not having frontage to awaterway).

Column 1 Column 2Activity Criteriaaccess road construction when carried out otherwise than

in a compartment in a timber plantation or on land west of the Great Dividing Range

timber-getting when carried out otherwise than in a compartment in a timber plantation or on land west of the Great Dividing Range where:(a) at least 20% of the

compartment has a slope greater than 18 degrees above or below the horizontal, and

(b) at least 30 timber stems (at least 40 centimetres in diameter at breast height) are removed from each hectare of the compartment when averaged over the net harvestable area of the compartment





Page 22

boat mooring and storage, meaning the use of pontoons, jetties,piers or other structures (whether water-based or land-based)designed or utilised to provide moorings or dry storage (otherthan swing moorings and facilities not having frontage to awaterway).


(3) In this clause, waterway means any river, stream, lake, lagoon,swamp, wetlands, unconfined surface water, natural or artificialwatercourse, dam or tidal waters (including the sea).

Table

26 Metallurgical activities(1) This clause applies to the following activities:

aluminium production (alumina), meaning the refinement orprocessing of mainly alumina to produce aluminium products.aluminium production (scrap metal), meaning the refinement orprocessing of mainly scrap aluminium to produce aluminiumproducts.iron or steel production (iron ore), meaning the refinement orprocessing of mainly iron ore to produce iron or steel products.iron or steel production (scrap metal), meaning the refinementor processing of mainly scrap iron or steel to produce iron or steelproducts.

Column 1 Column 2Activity Criteriaboat construction/maintenance (dry/floating docks)

capacity to handle vessels 25 metres or longer

boat construction/maintenance (general)

capacity to handle more than 5 vessels longer than 5 metres (excluding rowing boats, dinghies and other small craft) at any time

boat moorings and storage capacity to handle more than 80 vessels (excluding rowing boats, dinghies and other small craft) at any time



Page 23



metal coating, meaning the coating of metal by any method(including spray painting, powder coating, enamelling,electroplating, anodising and galvanising, but not the coating ofmetal on vehicles or vessels).metal processing, meaning the processing of metals by heating,rolling, melting or casting metal otherwise than in the course ofsome other activity to which this clause applies.metal waste generation, meaning any activity that involves:(a) the refinement, processing or coating of metal, and(b) having on site any prescribed waste (that is, hazardous

waste, restricted solid waste or liquid waste, or anycombination of them).

non-ferrous metal production (ore concentrates), meaning therefinement or processing of mainly ore concentrates (includingcopper, zinc and lead ores, but not iron ore or alumina) to producenon-ferrous metal products.non-ferrous metal production (scrap metal), meaning therefinement or processing of mainly scrap metal (includingcopper, zinc and lead, but not iron, steel or aluminium) toproduce non-ferrous metal products.scrap metal processing, meaning the crushing, grinding,shredding or sorting (but not smelting) of scrap metal of any kind.


TableColumn 1 Column 2Activity Criteriaaluminium production (alumina) capacity to process more than

10,000 tonnes of alumina per yearaluminium production (scrap metal)

capacity to process more than 10,000 tonnes of scrap metal per year

iron or steel production (iron ore) capacity to process more than 10,000 tonnes of iron ore per year

iron or steel production (scrap metal)


metal coating capacity to process more than 10,000 tonnes of metal per year





Page 24

27 Mineral processing(1) This clause applies to the following activities:

mineral processing, meaning the processing, or the commercialproduction or extraction, of ores (using methods includingchemical, electrical, magnetic, gravity or physical-chemical).mineral waste generation, meaning mineral processing thatinvolves having on site any prescribed waste (that is, hazardouswaste, restricted solid waste or liquid waste, or any combinationof them).


metal processing capacity to process more than 10,000 tonnes of metal per year

metal waste generation involves having on site at any time more than 5 tonnes of prescribed waste, not including excluded material (where 1,000 litres of liquid is taken to weigh 1 tonne)

non-ferrous metal production (ore concentrates)

capacity to process more than 10,000 tonnes of ore concentrates per year

non-ferrous metal production (scrap metal)


scrap metal processing capacity to process more than 150 tonnes of scrap metal per day or 30,000 tonnes per year (if not carried out wholly indoors) or 50,000 tonnes per year (if carried out wholly indoors)




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Table

28 Mining for coal(1) This clause applies to mining for coal, meaning the mining,

processing or handling of coal (including tailings and chitter) atunderground mines or open cut mines.

(2) The activity to which this clause applies is declared to be ascheduled activity if:(a) it has a capacity to produce more than 500 tonnes of coal

per day, or(b) it has disturbed, is disturbing or will disturb a total surface

area of more than 4 hectares of land by:(i) clearing or excavating, or

(ii) constructing dams, ponds, drains, roads, railways orconveyors, or

(iii) storing or depositing overburden or coal (includingtailings and chitter).

29 Mining for minerals(1) This clause applies to mining for minerals, meaning the mining,

processing or handling of minerals (within the meaning of theMining Act 1992), other than coal, at mines.

(2) The activity to which this clause applies is declared to be ascheduled activity if it has disturbed, is disturbing or will disturba total surface area of more than 4 hectares of land (or, in the caseof a gold mine, more than 1 hectare of land) by:(a) clearing or excavating, or(b) constructing dams, ponds, drains, roads, railways or

conveyors, or

Column 1 Column 2Activity Criteriamineral processing capacity to process more than 150

tonnes of ore per daymineral waste generation involves having on site at any






Page 26

(c) storing or depositing overburden, ore or its products ortailings.

30 Paper or pulp production(1) This clause applies to the following activities:

paper or pulp production, meaning the manufacturing of paper,paper pulp or pulp products.paper or pulp waste generation, meaning a paper or pulp activitythat involves having on site any prescribed waste (that is,hazardous waste, restricted solid waste or liquid waste, or anycombination of them).


Table

31 Petroleum and fuel production(1) This clause applies to the following activities:

crude oil/shale oil production, meaning the production,otherwise than in the course of exploratory activities, of crudepetroleum or shale oil.natural gas/methane production, meaning the production ofnatural gas or methane.petroleum products and fuel production, meaning theproduction of petroleum products (including aviation fuel, petrol,kerosene, mineral turpentine, fuel oils, lubricants, wax, bitumen,

Column 1 Column 2Activity Criteriapaper or pulp production capacity to produce more than

30,000 tonnes per year (or, where 90% or more of the raw material used is recycled material and no bleaching or de-inking occurs, 70,000 tonnes per year) of paper, paper pulp or pulp products

paper or pulp waste generation involves having on site at any time more than 5 tonnes of prescribed waste, not including excluded material (where 1,000 litres of liquid is taken to weigh 1 tonne)



Page 27



liquefied gas and the precursors to petrochemicals, such asacetylene, ethylene, toluene and xylene), whether by means ofany of the following or otherwise:(a) refining (such as in the processing of crude petroleum or

shale oil),(b) fermentation (such as in the production of ethanol),(c) esterification (such as in the production of biodiesel),(d) blending (such as in the production of lubricants and

fuels).(2) Each activity referred to in Column 1 of the Table to this clause

is declared to be a scheduled activity if it meets the criteria set outin Column 2 of that Table.

Table

32 Printing, packaging and visual communications(1) This clause applies to printing, packaging and visual

communications waste generation, meaning any printing,packaging or visual communications activity that involveshaving on site any prescribed waste (that is, hazardous waste,restricted solid waste or liquid waste, or any combination ofthem).

(2) The activity to which this clause applies is declared to be ascheduled activity if it involves having on site at any time morethan 5 tonnes of prescribed waste, not including excludedmaterial (where 1,000 litres of liquid is taken to weigh 1 tonne).

Column 1 Column 2Activity Criteriacrude oil/shale oil production any production capacitynatural gas/methane production capacity to produce more than

5 petajoules of natural gas or methane per year

petroleum products and fuel production

capacity to produce more than 100 tonnes of petroleum products or fuel per year





Page 28

33 Railway systems activities(1) This clause applies to railway systems activities, meaning:

(a) the installation, on site repair, on site maintenance or onsite upgrading of track, including the construction orsignificant alteration of any ancillary works, or

(b) the operation of rolling stock on track.(2) However, this clause does not apply to any of the following:

(a) an activity in a railway workshop (including the use of fuelburning equipment),

(b) re-fuelling of rolling stock,(c) an activity at a railway fuel depot,(d) repair, maintenance or upgrading of track away from the

track site,(e) an activity at a railway station building (including

platforms and offices),(f) loading of freight into or onto, and unloading of freight

from, rolling stock,(g) an activity at a freight depot or centre,(h) operation of signalling, communication or train control

systems.(3) The activity to which this clause applies is declared to be a

scheduled activity.(4) For the purposes of subclause (1) (b), rolling stock that is

operated on track is taken to be operated by the occupier of theland on which the track is situated.Note. Consequently, it is the occupier of that land, not the person havingcontrol of the rolling stock, that is required to be licensed under section48 in respect of the operation of the rolling stock.

(5) In this clause:ancillary works means any of the following:(a) over track structures,(b) earthworks,(c) cuttings,(d) drainage works,(e) track support,(f) fencing,(g) tunnels,



Page 29



(h) bridges,(i) level crossings.

track means railway track that forms part of, or consists of, anetwork of more than 30 kilometres of track, other than railwaytrack that is used solely by railway vehicles that are themselvesused solely for heritage purposes.

34 Resource recovery(1) This clause applies to the following activities:

recovery of general waste, meaning the receiving of waste (otherthan hazardous waste, restricted solid waste, liquid waste orspecial waste) from off site and its processing, otherwise than forthe recovery of energy.recovery of hazardous and other waste, meaning the receiving ofhazardous waste, restricted solid waste or special waste (otherthan asbestos waste or waste tyres) from off site and itsprocessing, otherwise than for the recovery of energy.recovery of waste oil, meaning the receiving of waste oil from offsite and its processing, otherwise than for the recovery of energy.recovery of waste tyres, meaning the receiving of waste tyresfrom off site and their processing, otherwise than for the recoveryof energy.

(2) However, this clause does not apply to any of the following:(a) materials separation and sorting of less than 60 tonnes per

year of waste lead acid batteries,(b) the treatment of sewage within a sewage treatment system

(whether or not that system is licensed),(c) the recovery of stormwater.

(3) Each activity referred to in Column 1 of the Table to this clauseis declared to be a scheduled activity if:(a) it meets the criteria set out in Column 2 of that Table, and(b) either:

(i) less than 50% by weight of the waste received in anyyear requires disposal after processing, or

(ii) the regulations under section 286 exempt the personcarrying out the activity from the requirements ofsection 48 (2) as they apply to waste disposal(application to land), waste disposal (thermaltreatment), waste processing (non-thermaltreatment) and waste storage.





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Table

35 Road construction(1) This clause applies to road construction, meaning the

construction, widening or re-routing of roads, but does not applyto the maintenance or operation of any such road.

(2) The activity to which this clause applies is declared to be ascheduled activity if it results in the existence of 4 or more trafficlanes (other than bicycle lanes or lanes used for entry or exit) forat least:(a) where the road is classified, or proposed to be classified, as

a freeway or tollway under the Roads Act 1993:(i) 1 kilometre of their length in the metropolitan area,

or(ii) 5 kilometres of their length in any other area, or

Column 1 Column 2Activity Criteriarecovery of general waste involves having on site at any

time more than 5,000 tonnes of wasteinvolves processing more than 120 tonnes of waste per day or 30,000 tonnes of waste per year

recovery of hazardous and other waste

involves having on site at any time more than 200 kilograms of waste

recovery of waste oil involves processing more than 20 tonnes of waste oil per year or having on site at any time more than 2,000 litres of waste oil

recovery of waste tyres involves having on site at any time more than 50 tonnes of tyres (where 100 tyres are taken to weigh 1 tonne)involves processing more than 20 tonnes of tyres per day or 5,000 tonnes of tyres per year



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(b) where the road is classified, or proposed to be classified, asa main road (but not a freeway or tollway) under the RoadsAct 1993:(i) 3 kilometres of their length in the metropolitan area,

or(ii) 5 kilometres of their length in any other area.

36 Sewage treatment(1) This clause applies to sewage treatment, meaning the operation

of sewage treatment systems (including the treatment works,pumping stations, sewage overflow structures and thereticulation system) that involve the discharge or likely dischargeof wastes or by-products to land or waters.

(2) The activity to which this clause applies is declared to be ascheduled activity if it 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,whichever is the greater.

37 Shipping in bulk(1) This clause applies to shipping in bulk, meaning the operation of

wharves and associated facilities for the bulk loading orunloading of agricultural crop products, rock, ores, minerals orchemicals into or from vessels (except where they are containedin shipping containers).

(2) The activity to which this clause applies is declared to be ascheduled activity if the facilities have a capacity to handle:(a) more than 500 tonnes of agricultural crop products, rock,

ores, minerals or chemicals per day, or(b) more than 50,000 tonnes of agricultural crop products,

rock, ores, minerals or chemicals per year.

38 Sterilisation activities(1) This clause applies to sterilisation activities, meaning the

sterilisation of products or equipment by means that include theuse of ethylene oxide.

(2) The activity to which this clause applies is declared to be ascheduled activity if it involves the use of more than one tonne ofethylene oxide per year.





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39 Waste disposal (application to land)(1) This clause applies to waste disposal by application to land,

meaning the application to land of waste received from off site,including (but not limited to) application by any of the followingmethods:(a) spraying, spreading or depositing on the land,(b) ploughing, injecting or mixing into the land,(c) filling, raising, reclaiming or contouring the land.

(2) However, this clause does not apply to an activity that involvesany of the following:(a) landfill sites inside the regulated area that, over any period

of time, receive from off site a total of no more than 200tonnes of the following waste (and no other waste):(i) building and demolition waste only,

(ii) building and demolition waste mixed with virginexcavated natural material,

(b) landfill sites outside the regulated area that, over anyperiod of time, receive from off site a total of no more than200 tonnes of the following waste (and no other waste):(i) building and demolition waste only,


being waste generated inside the regulated area,(c) landfill sites outside the regulated area that, over any

period of time, receive from off site a total of no more than20,000 tonnes of the following waste (and no other waste):(i) building and demolition waste only,


being waste generated outside the regulated area,(d) landfill sites that receive from off site no more than 100

tonnes of waste tyres per year or 10,000 waste tyres in totalover any period (and no other waste),

(e) landfill sites where only virgin excavated natural materialis received from off site and applied to land,

(f) landfill sites that:(i) are outside the regulated area, and

(ii) are owned and operated by or on behalf of a localcouncil, and



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(iii) were in existence immediately before 28 April2008, and

(iv) were not required to be licensed before 28 April2008, and

(v) had, before 28 April 2008, provided the detailsrequired under clause 47 of the Protection of theEnvironment Operations (Waste) Regulation 2005,and

(vi) receive from off site less than 5,000 tonnes per yearof general solid waste (putrescible), general solidwaste (non-putrescible), clinical and related waste,asbestos waste, grease trap waste or waste tyres (orany combination of them), but only if the waste hasbeen generated outside the regulated area.



40 Waste disposal (thermal treatment)(1) This clause applies to the following activities:

thermal treatment of general waste, meaning the receiving fromoff site of, and the processing by thermal treatment of, waste(other than hazardous waste, restricted solid waste, liquid wasteor special waste).thermal treatment of hazardous and other waste, meaning thereceiving from on site or off site of, and the processing by thermaltreatment of, hazardous waste, restricted solid waste, liquid wasteor special waste.

(2) However, this clause does not apply to the treatment ofcontaminated soil or stormwater, or the treatment of sewagewithin a sewage treatment system (whether or not that system islicensed).







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Table

41 Waste processing (non-thermal treatment)(1) This clause applies to the following activities:

non-thermal treatment of general waste, meaning the receivingof waste (other than hazardous waste, restricted solid waste,liquid waste or special waste) from off site and its processingotherwise than by thermal treatment.non-thermal treatment of hazardous and other waste, meaningthe receiving of hazardous waste, restricted solid waste, liquidwaste, clinical and related waste or asbestos waste, whether fromon site or off site, and its processing otherwise than by thermaltreatment.non-thermal treatment of waste tyres, meaning the receiving ofwaste tyres from off site and their processing otherwise than bythermal treatment.

(2) However, this clause does not apply to any of the following:(a) processing of contaminated soil or stormwater, or sewage

within a sewage treatment system (whether or not thatsystem is licensed),

(b) the storage and transfer of liquid waste that is generatedand treated on site prior to sewer discharge, or lawfuldischarge to waters.

(3) Each activity referred to in Column 1 of the Table to this clauseis declared to be a scheduled activity if:(a) it meets the criteria set out in Column 2 of that Table, and(b) more than 50% by weight of the total amount of waste

received per year requires disposal after processing.

Column 1 Column 2Activity Criteriathermal treatment of general waste

involves processing more than 200 tonnes of waste per year

thermal treatment of hazardous and other waste

involves having on site at any time more than 200 kilograms of waste (other than clinical and related waste)involves having on site at any time any quantity of clinical and related waste



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Table

42 Waste storage(1) This clause applies to waste storage, meaning the receiving from

off site and storing (including storage for transfer) of waste.(2) However, this clause does not apply to any of the following:

(a) the storage of stormwater,(b) the storage of up to 60 tonnes at any time of grease trap

waste, waste lead acid batteries or waste oil collected forrecovery (but not when accompanied by any other kind ofwaste),

(c) the storage of sewage within a sewage treatment system,(d) the storage and transfer of liquid waste that is generated

and treated on site prior to sewer discharge, or lawfuldischarge to waters.

Column 1 Column 2Activity Criterianon-thermal treatment of general waste

involves having on site at any time more than 2,500 tonnes, or 2,500 cubic metres, whichever is the lesser, of general wasteinvolves processing more than 120 tonnes per day, or 30,000 tonnes per year, of general waste

non-thermal treatment of hazardous and other waste

involves having on site at any time more than 200 kilograms of waste (other than clinical and related waste)involves having on site at any time any quantity of clinical and related waste

non-thermal treatment of waste tyres

involves having on site at any time more than 50 tonnes of tyres (where 100 tyres are taken to weigh 1 tonne)involves processing more than 20 tonnes of tyres per day or 5,000 tonnes of tyres per year





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(3) The activity to which this clause applies is declared to be ascheduled activity if:(a) more than 5 tonnes of hazardous waste, restricted solid

waste, liquid waste, clinical or related waste or asbestoswaste is stored on the premises at any time, or

(b) more than 50 tonnes of waste tyres or 5,000 waste tyres isstored on the premises at any time, or

(c) more than 2,500 tonnes or 2,500 cubic metres, whicheveris the lesser, of waste (other than waste referred to inparagraph (a) or (b)) is stored on the premises at any time,or

(d) more than 30,000 tonnes of waste (other than wastereferred to in paragraph (a) or (b)) is received per year fromoff site.


43 Wood or timber milling or processing(1) This clause applies to wood or timber milling or processing,

meaning the sawing, machining, milling, chipping, pulping orcompressing of timber or wood (otherwise than at a joinery,builders’ supply yard or home improvement centre).

(2) The activity to which this clause applies is declared to be ascheduled activity if:(a) in the case of an activity that burns waste (otherwise than

as fuel), it has a capacity to process more than 6,000 cubicmetres of timber (or timber products) per year, or

(b) in any other case, it has a capacity to process more than50,000 cubic metres of timber (or timber products) peryear.

44 Wood preservation(1) This clause applies to wood preservation, meaning the treating or

preserving timber with pesticides (within the meaning of thePesticides Act 1999).

(2) The activity to which this clause applies is declared to be ascheduled activity if it has a capacity to process more than 10,000cubic metres of timber per year.



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Part 2 Activities not premises-based45 Application of Part

For the purposes of section 49, any activity that is declared by thisPart to be a scheduled activity is taken to be an activity for whicha licence is required, but where no licence is required for thepremises at which it is carried out (the activity is notpremises-based).Note. Section 49 (2) provides that a person who carries on such anactivity is guilty of an offence unless he or she holds a licence thatauthorises him or her to carry on that activity.

46 Mobile plant activities(1) This clause applies to a mobile plant activity, meaning an activity

that includes any one or more of the scheduled activitiesdescribed in Part 1 of this Schedule and that is carried out bymeans of mobile plant.


47 Mobile waste processing(1) This clause applies to mobile waste processing, meaning an

activity:(a) that involves the processing of hazardous waste, liquid

waste or restricted solid waste (or any combination ofthem), and

(b) that is carried out, for business or commercial purposes, bymeans of mobile plant.


48 Transport of waste(1) This clause applies to the following activities:

transport of hazardous and other waste, meaning the transportof hazardous waste, restricted solid waste, liquid waste, clinicaland related waste or friable asbestos waste (or any combinationof them) (not being excluded waste).transport of waste tyres, meaning the transport of waste tyres(not being excluded waste).





(3) In this clause, excluded waste means the following:(a) waste that is transported in the course of dealing with an

accident or emergency,(b) lead acid batteries or waste oil collected for recovery,(c) stormwater.

TableColumn 1 Column 2Activity Criteriatransport of hazardous and other waste

involves the transport of more than 200 kilograms in any load

transport of waste tyres involves the transport of more than 2 tonnes in any load


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46

Appendix 3: Environmental impact statement (EIS) requirements The following is a generic example of the EPA’s Environmental Impact Statement (EIS) requirements. Please note that this is an example only – EIS requirements are developed for each individual application so some requirements may be omitted or modified and others may be added. EIS REQUIREMENTS HOW TO USE THESE REQUIREMENTS The DECC requirements have been structured in accordance with the Department of Planning ‘EIS Guidelines’, as follows. It is suggested that the EIS follow the same structure: A. EXECUTIVE SUMMARY B. THE PROPOSAL C. THE LOCATION D. IDENTIFICATION AND PRIORITISATION OF ISSUES E. THE ENVIRONMENTAL ISSUES F. LIST OF APPROVALS AND LICENCES G. COMPILATION OF MITIGATION MEASURES H. JUSTIFICATION FOR THE PROPOSAL

A EXECUTIVE SUMMARY The executive summary should include a brief discussion of the extent to which the proposal achieves identified environmental outcomes. B THE PROPOSAL

1. OBJECTIVES OF THE PROPOSAL The objectives of the proposal should be clearly stated and refer to:

a) the size and type of the operation, the nature of the processes and the products, by-products and wastes produced

b) a life-cycle approach to the production, use or disposal of products c) the anticipated level of performance in meeting required environmental

standards and cleaner production principles d) the staging and timing of the proposal and any plans for future expansion e) the proposal’s relationship to any other industry or facility.

2. DESCRIPTION OF THE PROPOSAL

General • Outline the production process including:

a) the environmental ‘mass balance’ for the process – quantify in-flow and out-flow of materials, any points of discharge to the environment and their respective destinations (sewer, stormwater, atmosphere, recycling, landfill, etc.)

b) any life-cycle strategies for the products. • Outline cleaner production actions, including:

a) measures to minimise waste (typically through addressing source reduction) b) proposals for use or recycling of by-products c) proposed disposal methods for solid and liquid waste


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d) air management systems including all potential sources of air emissions, proposals to re-use or treat emissions, emission levels relative to relevant standards in regulations, discharge points

e) water management system including all potential sources of water pollution, proposals for re-use, treatment etc, emission levels of any wastewater discharged, discharge points, summary of options explored to avoid a discharge, reduce its frequency or reduce its impacts, and rationale for selection of option to discharge.

f) soil contamination treatment and prevention systems. • Outline construction works including:

a) actions to address any existing soil contamination b) any earthworks or site clearing; re-use and disposal of cleared material

(including use of spoil on-site) c) construction timetable and staging; hours of construction; proposed

construction methods d) environment protection measures, including noise mitigation measures, dust

control measures and erosion and sediment control measures.

Air • Identify all sources of air emissions from the development.

Emissions can be classed as either: - point (e.g. emissions from stack or vent) or - fugitive (from wind erosion, leakages or spillages, associated with loading or

unloading, conveyors, storage facilities, plant and yard operation, vehicle movements (dust from road, exhausts, loss from load), land clearing and construction works).

• Provide details of the project that are essential for predicting and assessing air

impacts including: a) the quantities and physio-chemical parameters (e.g. concentration, moisture

content, bulk density, particle sizes, etc.) of materials to be used, transported, produced or stored

b) an outline of procedures for handling, transport, production and storage c) the management of solid, liquid and gaseous waste streams with potential

for significant air impacts.

Noise and vibration • Identify all noise sources from the development (including both construction and

operation phases). Detail all potentially noisy activities including ancillary activities such as transport of goods and raw materials.

• Specify the times of operation for all phases of the development and for all noise

producing activities.

• For projects with a significant potential traffic noise impact provide details of road alignment (include gradients, road surface, topography, bridges, culverts, etc.), and land use along the proposed road and measurement locations – diagrams should be to a scale sufficient to delineate individual residential blocks.

Water • Provide details of the project that are essential for predicting and assessing

impacts to waters: a) including the quantity and physio-chemical properties of all potential water

pollutants and the risks they pose to the environment and human health, including the risks they pose to Water Quality Objectives in the ambient waters (as defined on www.environment.nsw.gov.au/ieo, using technical criteria derived from the Australian and New Zealand guidelines for fresh and marine water quality (ANZECC 2000))

b) the management of discharges with potential for water impacts c) drainage works and associated infrastructure; land-forming and excavations;

working capacity of structures; and water resource requirements of the proposal.


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• Outline site layout, demonstrating efforts to avoid proximity to water resources (especially for activities with significant potential impacts, e.g. effluent ponds) and showing potential areas of modification of contours, drainage, etc.

• Outline how total water cycle considerations are to be addressed showing total

water balances for the development (with the objective of minimising demands and impacts on water resources). Include water requirements (quantity, quality and source(s)) and proposed storm and wastewater disposal, including type, volumes, proposed treatment and management methods and re-use options.

Waste and chemicals • Provide details of the quantity and type of both liquid waste and non-liquid waste

generated, handled, processed or disposed of at the premises. Waste must be classified according to the Waste Classification Guidelines (DECC 2008).

• Provide details of liquid waste and non-liquid waste management at the facility,

including: a) the transportation, assessment and handling of waste arriving at or

generated at the site b) any stockpiling of wastes or recovered materials at the site c) any waste processing related to the facility, including reuse, recycling,

reprocessing (including composting) or treatment both on- and off-site d) the method for disposing of all wastes or recovered materials at the facility e) the emissions arising from the handling, storage, processing and

reprocessing of waste at the facility f) the proposed controls for managing the environmental impacts of these

activities.

• Provide details of spoil disposal with particular attention to: a) the quantity of spoil material likely to be generated b) proposed strategies for the handling, stockpiling, reuse/recycling and

disposal of spoil c) the need to maximise reuse of spoil material in the construction industry d) identification of the history of spoil material and whether there is any

likelihood of contaminated material, and if so, measures for the management of any contaminated material

e) designation of transportation routes for transport of spoil.

• Provide details of procedures for the assessment, handling, storage, transport and disposal of all hazardous and dangerous materials used, stored, processed or disposed of at the site, in addition to the requirements for liquid and non-liquid wastes.

• Provide details of the type and quantity of any chemical substances to be used

or stored and describe arrangements for their safe use and storage.

• Reference should be made to the Waste Classification Guidelines (DECC 2008).

ESD • Demonstrate that the planning process and any subsequent development

incorporates objectives and mechanisms for achieving ESD, including: a) an assessment of a range of options available for use of the resource,

including the benefits of each option to future generations b) proper valuation and pricing of environmental resources c) identification of who will bear the environmental costs of the proposal.

3. REHABILITATION • Outline considerations of site maintenance, and proposed plans for the final

condition of the site (ensuring its suitability for future uses).


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4. CONSIDERATION OF ALTERNATIVES AND JUSTIFICATION FOR THE PROPOSAL

• Consider the environmental consequences of adopting alternatives, including alternative: a) sites and site layouts b) access modes and routes c) materials handling and production processes d) waste and water management e) impact mitigation measures f) energy sources

• Selection of the preferred option should be justified in terms of: a) ability to satisfy the objectives of the proposal b) relative environmental and other costs of each alternative c) acceptability of environmental impacts and contribution to identified

environmental objectives d) acceptability of any environmental risks or uncertainties e) reliability of proposed environmental impact mitigation measures f) efficient use (including maximising re-use) of land, raw materials, energy and

other resources.

C THE LOCATION

1. GENERAL • Provide an overview of the affected environment to place the proposal in its local

and regional environmental context including: a) meteorological data (e.g. rainfall, temperature and evaporation, wind speed

and direction) b) topography (landform element, slope type, gradient and length) c) surrounding land uses (potential synergies and conflicts) d) geomorphology (rates of landform change and current erosion and

deposition processes) e) soil types and properties (including erodibility; engineering and structural

properties; dispersibility; permeability; presence of acid sulfate soils and potential acid sulfate soils)

f) ecological information (water system habitat, vegetation, fauna) g) availability of services and the accessibility of the site for passenger and

freight transport.

2. AIR • Describe the topography and surrounding land uses. Provide details of the exact

locations of dwellings, schools and hospitals. Where appropriate provide a perspective view of the study area such as the terrain file used in dispersion models.

• Describe surrounding buildings that may affect plume dispersion.

• Provide and analyse site representative data on the following meteorological

parameters: a) temperature and humidity b) rainfall, evaporation and cloud cover c) wind speed and direction d) atmospheric stability class e) mixing height (the height that emissions will be ultimately mixed in the

atmosphere) f) katabatic air drainage g) air re-circulation.


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3. NOISE AND VIBRATION • Identify any noise-sensitive locations likely to be affected by activities at the site,

such as residential properties, schools, churches, and hospitals. Typically the location of any noise-sensitive locations in relation to the site should be included on a map of the locality.

• Identify the land use zoning of the site and the immediate vicinity and the

potentially affected areas. 4. WATER • Describe the catchment including proximity of the development to any waterways

and provide an assessment of their sensitivity/significance from a public health, ecological and/or economic perspective. The water quality and river flow objectives on the website: www.environment.nsw.gov.au/ieo should be used to identify the agreed environmental values and human uses for any affected waterways. This will help with the description of the local and regional area.

5. SOIL CONTAMINATION ISSUES • Provide details of site history – if earthworks are proposed, this needs to be

considered with regard to possible soil contamination, for example if the site was previously a landfill site or if irrigation of effluent has occurred.

D IDENTIFICATION AND PRIORITISATION OF ISSUES/SCOPING OF

IMPACT ASSESSMENT

• Provide an overview of the methodology used to identify and prioritise issues. The methodology should take into account: a) relevant NSW government guidelines b) industry guidelines c) EISs for similar projects d) relevant research and reference material e) relevant preliminary studies or reports for the proposal f) consultation with stakeholders.

• Provide a summary of the outcomes of the process including: a) all issues identified including local, regional and global impacts (e.g.

increased/ decreased greenhouse emissions) b) key issues which will require a full analysis (including comprehensive

baseline assessment) c) issues not needing full analysis though they may be addressed in the

mitigation strategy d) justification for the level of analysis proposed (the capacity of the proposal to

give rise to high concentrations of pollution compared with the ambient environment or environmental outcomes is an important factor in setting the level of assessment).

E THE ENVIRONMENTAL ISSUES

1. GENERAL • The potential impacts identified in the scoping study need to be assessed to

determine their significance, particularly in terms of achieving environmental outcomes, and minimising environmental pollution.

• Identify gaps in information and data relevant to significant impacts of the

proposal and any actions proposed to fill those information gaps so as to enable development of appropriate management and mitigation measures. This is in accordance with ESD requirements.

Note: The level of detail should match the level of importance of the issue in decision making which is dependent on the environmental risk.


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Describe baseline conditions • Provide a description of existing environmental conditions for any potential

impacts.

Assess impacts • For any potential impacts relevant for the assessment of the proposal provide a

detailed analysis of the impacts of the proposal on the environment including the cumulative impact of the proposal on the receiving environment especially where there are sensitive receivers.

• Describe the methodology used and assumptions made in undertaking this

analysis (including any modelling or monitoring undertaken) and indicate the level of confidence in the predicted outcomes and the resilience of the environment to cope with the predicted impacts.

• The analysis should also make linkages between different areas of assessment

where necessary to enable a full assessment of environmental impacts e.g. assessment of impacts on air quality will often need to draw on the analysis of traffic, health, social, soil and/or ecological systems impacts, etc.

• The assessment needs to consider impacts at all phases of the project cycle

including: exploration (if relevant or significant), construction, routine operation, start-up operations, upset operations and decommissioning if relevant.

• The level of assessment should be commensurate with the risk to the

environment.

Describe management and mitigation measures • Describe any mitigation measures and management options proposed to

prevent, control, abate or mitigate identified environmental impacts associated with the proposal and to reduce risks to human health and prevent the degradation of the environment. This should include an assessment of the effectiveness and reliability of the measures and any residual impacts after these measures are implemented.

• Proponents are expected to implement a ‘reasonable level of performance’ to

minimise environmental impacts. The proponent must indicate how the proposal meets reasonable levels of performance. For example, reference technology-based criteria if available, or identify good practice for this type of activity or development. A ‘reasonable level of performance’ involves adopting and implementing technology and management practices to achieve certain pollutant emissions levels in economically viable operations. Technology-based criteria evolve gradually over time as technologies and practices change.

• Use environmental impacts as key criteria in selecting between alternative sites,

designs and technologies, and to avoid options having the highest environmental impacts.

• Outline any proposed approach (such as an Environmental Management Plan)

that will demonstrate how commitments made in the EIS will be implemented. Areas that should be described include: a) operational procedures to manage environmental impacts b) monitoring procedures c) training programs d) community consultation e) complaint mechanisms including site contacts f) strategies to use monitoring information to improve performance g) strategies to achieve acceptable environmental impacts and to respond in

event of exceedences.


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2. AIR

Describe baseline conditions • Provide a description of existing air quality and meteorology, using existing

information and site representative ambient monitoring data.

Assess impacts • Identify all pollutants of concern and estimate emissions by quantity (and size for

particles), source and discharge point. • Estimate the resulting ground level concentrations of all pollutants. Where

necessary (e.g. potentially significant impacts and complex terrain effects), use an appropriate dispersion model to estimate ambient pollutant concentrations. Discuss choice of model and parameters with DECC.

• Describe the effects and significance of pollutant concentration on the

environment, human health, amenity and regional ambient air quality standards or goals.

• Describe the contribution that the development will make to regional and global

pollution, particularly in sensitive locations. • For potentially odorous emissions provide the emission rates in terms of odour

units (determined by techniques compatible with EPA/DECC procedures). Use sampling and analysis techniques for individual or complex odours and for point or diffuse sources, as appropriate.

Note: With dust and odour, it may be possible to use data from existing similar activities to generate emission rates.

• Reference should be made to relevant guidelines e.g. Approved Methods and Guidance for the Modelling and Assessment of Air Pollutants in NSW (EPA 2001); Approved Methods for the Sampling and Analysis of Air Pollutants in NSW (EPA 2001); Assessment and Management of Odour from Stationary Sources in NSW (EPA 2001); Technical Notes: Draft Policy: Assessment and Management of Odour from Stationary Sources in NSW (EPA 2001); Load Calculation Protocol for use by holders of NSW Environment Protection Licences when calculating Assessable Pollutant Loads (EPA 1999).

Describe management and mitigation measures • Outline specifications of pollution control equipment (including manufacturer’s

performance guarantees where available) and management protocols for both point and fugitive emissions. Where possible, this should include cleaner production processes.

3. NOISE AND VIBRATION

Describe baseline conditions • Determine the existing background (LA90) and ambient (LAeq) noise levels in

accordance with the NSW Industrial Noise Policy. • Determine the existing road traffic noise levels in accordance with the NSW

Environmental Criteria for Road Traffic Noise, where road traffic noise impacts may occur.

• The noise impact assessment report should provide details of all monitoring of

existing ambient noise levels including: a) details of equipment used for the measurements b) a brief description of where the equipment was positioned


53

c) a statement justifying the choice of monitoring site, including the procedure used to choose the site, having regards to the definition of ‘noise-sensitive locations(s)’ and ‘most affected locations(s)’ described in Section 3.1.2 of the NSW Industrial Noise Policy

d) details of the exact location of the monitoring site and a description of land uses in surrounding areas

e) a description of the dominant and background noise sources at the site f) day, evening and night assessment background levels for each day of the

monitoring period g) the final Rating Background Level (RBL) value h) graphs of the measured noise levels for each day should be provided i) a record of periods of affected data (due to adverse weather and extraneous

noise), methods used to exclude invalid data and a statement indicating the need for any re-monitoring under Step 1 in Section B1.3 of the NSW Industrial Noise Policy

j) determination of LAeq noise levels from existing industry.

Assess impacts • Determine the project specific noise levels for the site. For each identified

potentially affected receiver, this should include: a) determination of the intrusive criterion for each identified potentially affected

receiver b) selection and justification of the appropriate amenity category for each

identified potentially affected receiver c) determination of the amenity criterion for each receiver d) determination of the appropriate sleep disturbance limit.

• Maximum noise levels during night-time period (10pm-7am) should be assessed to analyse possible affects on sleep. Where LA1(1min) noise levels from the site are less than 15 dB above the background LA90 noise level, sleep disturbance impacts are unlikely. Where this is not the case, further analysis is required. Additional guidance is provided in Appendix B of the NSW Environmental Criteria for Road Traffic Noise.

• Determine expected noise level and noise character (e.g. tonality, impulsiveness,

vibration, etc.) likely to be generated from noise sources during: a) site establishment b) construction c) operational phases d) transport including traffic noise generated by the proposal e) other services. Note: The noise impact assessment report should include noise source

data for each source in 1/1 or 1/3 octave band frequencies including methods for references used to determine noise source levels. Noise source levels and characteristics can be sourced from direct measurement of similar activities or from literature (if full references are provided).

• Determine the noise levels likely to be received at the most sensitive locations

(these may vary for different activities at each phase of the development). Potential impacts should be determined for any identified significant adverse meteorological conditions. Predicted noise levels under calm conditions may also aid in quantifying the extent of impact where this is not the most adverse condition.

• The noise impact assessment report should include:

a) a plan showing the assumed location of each noise source for each prediction scenario

b) a list of the number and type of noise sources used in each prediction scenario to simulate all potential significant operating conditions on the site

c) any assumptions made in the predictions in terms of source heights, directivity effects, shielding from topography, buildings or barriers, etc.


54

d) methods used to predict noise impacts including identification of any noise models used. Where modelling approaches other than the use of the ENM or SoundPlan computer models are adopted, the approach should be appropriately justified and validated

e) an assessment of appropriate weather conditions for the noise predictions including reference to any weather data used to justify the assumed conditions

f) the predicted noise impacts from each noise source as well as the combined noise level for each prediction scenario under any identified significant adverse weather conditions as well as calm conditions where appropriate

g) for developments where a significant level of noise impact is likely to occur, noise contours for the key prediction scenarios should be derived

h) an assessment of the need to include modification factors as detailed in Section 4 of the NSW Industrial Noise Policy.

• Discuss the findings from the predictive modelling and, where relevant noise

criteria have not been met, recommend additional mitigation measures. • The noise impact assessment report should include details of any mitigation

proposed including the attenuation that will be achieved and the revised noise impact predictions following mitigation.

• Where relevant noise/vibration criteria cannot be met after application of all

feasible and cost effective mitigation measures the residual level of noise impact needs to be quantified by identifying: a) locations where the noise level exceeds the criteria and extent of

exceedence b) numbers of people (or areas) affected c) times when criteria will be exceeded d) likely impact on activities (speech, sleep, relaxation, listening, etc.) e) change on ambient conditions f) the result of any community consultation or negotiated agreement.

• For the assessment of existing and future traffic noise, details of data for the road should be included such as assumed traffic volume; percentage heavy vehicles by time of day; and details of the calculation process. These details should be consistent with any traffic study carried out in the EIS.

• Where blasting is intended an assessment in accordance with the Technical

Basis for Guidelines to minimise annoyance due to blasting overpressure and ground vibration (ANZECC 1990) should be undertaken. The following details of the blast design should be included in the noise assessment: a) bench height, burden spacing, spacing burden ratio b) blast hole diameter, inclination and spacing c) type of explosive, maximum instantaneous charge, initiation, blast block size,

blast frequency.

Describe management and mitigation measures • Determine the most appropriate noise mitigation measures and expected noise

reduction including both noise controls and management of impacts for both construction and operational noise. This will include selecting quiet equipment and construction methods, noise barriers or acoustic screens, location of stockpiles, temporary offices, compounds and vehicle routes, scheduling of activities, etc.

• For traffic noise impacts, provide a description of the ameliorative measures

considered (if required), reasons for inclusion or exclusion, and procedures for calculation of noise levels including ameliorative measures. Also include, where necessary, a discussion of any potential problems associated with the proposed ameliorative measures, such as overshadowing effects from barriers. Appropriate ameliorative measures may include: a) use of alternative transportation modes, alternative routes, or other methods

of avoiding the new road usage b) control of traffic (e.g. limiting times of access or speed limitations)


55

c) resurfacing of the road using a quiet surface d) use of (additional) noise barriers or bunds e) treatment of the façade to reduce internal noise levels buildings where the

night-time criteria is a major concern f) more stringent limits for noise emission from vehicles (i.e. using specially

designed ‘quite’ trucks and/or trucks to use air bag suspension g) driver education h) appropriate truck routes i) limit usage of exhaust breaks j) use of premium muffles on trucks k) reducing speed limits for trucks l) ongoing community liaison and monitoring of complaints m) phasing in the increased road use.

4. WATER

Describe baseline conditions • Describe existing surface and groundwater quality – an assessment needs to be

undertaken for any water resource likely to be affected by the proposal and for all conditions (e.g. a wet weather sampling program is needed if runoff events may cause impacts). Note: Methods of sampling and analysis need to conform with an accepted standard (e.g. Approved Methods for the Sampling and Analysis of Water Pollutants in NSW (DEC 2004) or be approved and analyses undertaken by accredited laboratories).

• Provide site drainage details and surface run-off yield. • State the ambient Water Quality and River Flow Objectives for the receiving

waters. These refer to the community’s agreed environmental values and human uses endorsed by the Government as goals for the ambient waters. These environmental values are published on the website: www.environment.nsw.gov.au/ieo. The EIS should state the environmental values listed for the catchment and waterway type relevant to your proposal. NB: A consolidated and approved list of environmental values is not available for groundwater resources. Where groundwater may be affected the EIS should identify appropriate groundwater environmental values and justify the choice.

• State the indicators and associated trigger values or criteria for the identified

environmental values. This information should be sourced from the Australian and New Zealand Guidelines for Fresh and Marine Water Quality (ANZECC 2000) at www.deh.gov.au/water/quality/nwqms/volume1.html.

Note 1: As at 2004, the NSW Water Quality Objectives booklets and website contain technical criteria derived from the 1992 version of the ANZECC Guidelines. The Water Quality Objectives remain as Government Policy, reflecting the community’s environmental values and long-term goals, but the technical criteria are replaced by the more recent ANZECC 2000 Guidelines. Note 2: While specific guidelines for groundwater are not available, the ANZECC 2000 Guidelines endorse the application of the trigger values and decision trees as a tool to assess risk to environmental values in groundwater.

• State any locally specific objectives, criteria or targets, which have been endorsed by the government e.g. the Healthy Rivers Commission Inquiries (www.hrc.nsw.gov.au) or the NSW Salinity Strategy (DLWC 2000) (www.dlwc.nsw.gov.au/care/salinity/#Strategy).

• Where site-specific studies are proposed to revise the trigger values supporting

the ambient Water Quality and River Flow Objectives, and the results are to be used for regulatory purposes (e.g. to assess whether a licensed discharge impacts on water quality objectives), then prior agreement from DECC on the approach and study design must be obtained.


56

• Describe the state of the receiving waters and relate this to the relevant Water Quality and River Flow Objectives (i.e. are Water Quality and River Flow Objectives being achieved?). Proponents are generally only expected to source available data and information. However, proponents of large or high risk developments may be required to collect some ambient water quality/river flow/groundwater data to enable a suitable level of impact assessment. Issues to include in the description of the receiving waters could include: a) lake or estuary flushing characteristics b) specific human uses (e.g. exact location of drinking water offtake) c) sensitive ecosystems or species conservation values d) a description of the condition of the local catchment e.g. erosion levels, soils,

vegetation cover, etc. e) an outline of baseline groundwater information, including, but not restricted

to, depth to watertable, flow direction and gradient, groundwater quality, reliance on groundwater by surrounding users and by the environment

f) historic river flow data where available for the catchment.

Assess impacts • No proposal should breach clause 120 of the Protection of the Environment

Operations Act 1997 (i.e. pollution of waters is prohibited unless undertaken in accordance with relevant regulations).

• Identify and estimate the quantity of all pollutants that may be introduced into the

water cycle by source and discharge point including residual discharges after mitigation measures are implemented.

• Include a rationale, along with relevant calculations, supporting the prediction of

the discharges.

• Describe the effects and significance of any pollutant loads on the receiving environment. This should include impacts of residual discharges through modelling, monitoring or both, depending on the scale of the proposal. Determine changes to hydrology (including drainage patterns, surface runoff yield, flow regimes, wetland hydrologic regimes and groundwater).

• Describe water quality impacts resulting from changes to hydrologic flow regimes

(such as nutrient enrichment or turbidity resulting from changes in frequency and magnitude of stream flow).

• Identify any potential impacts on quality or quantity of groundwater describing

their source.

• Identify potential impacts associated with geomorphological activities with potential to increase surface water and sediment runoff or to reduce surface runoff and sediment transport. Also consider possible impacts such as bed lowering, bank lowering, instream siltation, floodplain erosion and floodplain siltation.

• Identify impacts associated with the disturbance of acid sulfate soils and

potential acid sulfate soils.

• Containment of spills and leaks shall be in accordance with the technical guidelines section ‘Bunding and Spill Management’ of the Authorised Officers Manual (EPA 1995) (www.environment.nsw.gov.au/mao/bundingspill.htm) and the most recent versions of the Australian Standards referred to in the guidelines. Containment should be designed for no-discharge.

• The significance of the impacts listed above should be predicted. When doing

this it is important to predict the ambient water quality and river flow outcomes associated with the proposal and to demonstrate whether these are acceptable in terms of achieving protection of the Water Quality and River Flow Objectives. In particular the following questions should be answered:


57

a) will the proposal protect Water Quality and River Flow Objectives where they are currently achieved in the ambient waters; and

b) will the proposal contribute towards the achievement of Water Quality and River Flow Objectives over time, where they are not currently achieved in the ambient waters.

• Consult with DECC as soon as possible if a mixing zone is proposed (a mixing

zone could exist where effluent is discharged into a receiving water body, where the quality of the water being discharged does not immediately meet water quality objectives. The mixing zone could result in dilution, assimilation and decay of the effluent to allow water quality objectives to be met further downstream, at the edge of the mixing zone). DECC will advise the proponent under what conditions a mixing zone will and will not be acceptable, as well as the information and modelling requirements for assessment.

Note: The assessment of water quality impacts needs to be undertaken in a total catchment management context to provide a wide perspective on development impacts, in particular cumulative impacts.

• Where a licensed discharge is proposed, provide the rationale as to why it cannot be avoided through application of a reasonable level of performance, using available technology, management practice and industry guidelines.

• Where a licensed discharge is proposed, provide the rationale as to why it

represents the best environmental outcome and what measures can be taken to reduce its environmental impact.

• Reference should be made to relevant guidelines e.g. Managing Urban

Stormwater: Soils and Construction (Landcom 2004), Guidelines for fresh and marine water quality (ANZECC 2000), Draft environmental guidelines for the utilisation of treated effluent by irrigation (EPA 1995).

Describe management and mitigation measures • Outline stormwater management to control pollutants at the source and contain

them within the site. Also describe measures for maintaining and monitoring any stormwater controls.

• Outline erosion and sediment control measures directed at minimising

disturbance of land, minimising water flow through the site and filtering, trapping or detaining sediment. Also include measures to maintain and monitor controls as well as rehabilitation strategies.

• Describe waste water treatment measures that are appropriate to the type and

volume of waste water and are based on a hierarchy of avoiding generation of waste water; capturing all contaminated water (including stormwater) on the site; reusing/recycling waste water; and treating any unavoidable discharge from the site to meet specified water quality requirements.

• Outline pollution control measures relating to storage of materials, possibility of

accidental spills (e.g. preparation of contingency plans), appropriate disposal methods, and generation of leachate.

• Describe hydrological impact mitigation measures including:

a) site selection (avoiding sites prone to flooding and waterlogging, actively eroding or affected by deposition)

b) minimising runoff c) minimising reductions or modifications to flow regimes d) avoiding modifications to groundwater.

• Describe groundwater impact mitigation measures including: a) site selection b) retention of native vegetation and revegetation c) artificial recharge d) providing surface storages with impervious linings


58

e) monitoring program.

• Describe geomorphological impact mitigation measures including: a) site selection b) erosion and sediment controls c) minimising instream works d) treating existing accelerated erosion and deposition e) monitoring program.

• Any proposed monitoring should be undertaken in accordance with the Approved Methods for the Sampling and Analysis of Water Pollutants in NSW (DEC 2004).

5. SOILS AND CONTAMINATION

Describe baseline conditions • Provide any details (in addition to those provided in the location description –

Section C) that are needed to describe the existing situation in terms of soil types and properties and soil contamination.

Assess impacts • Identify any likely impacts resulting from the construction or operation of the

proposal, including the likelihood of: a) disturbing any existing contaminated soil b) contamination of soil by operation of the activity c) subsidence or instability d) soil erosion e) disturbing acid sulfate or potential acid sulfate soils.

• Reference should be made to relevant guidelines e.g. Contaminated sites – guidelines for consultants reporting on contaminated sites (EPA 1997); Contaminated sites – guidelines on significant risk of harm and duty to report (EPA 1999).

Describe management and mitigation measures • Describe and assess the effectiveness or adequacy of any soil management and

mitigation measures during construction and operation of the proposal including: a) erosion and sediment control measures b) proposals for site remediation – see Managing land contamination, planning

guidelines SEPP 55 – remediation of land (Department of Urban Affairs and Planning and EPA 1998)

c) proposals for the management of these soils – see Assessing and managing acid sulfate soils (EPA 1995) (note that this is the only methodology accepted by DECC).

6. WASTE AND CHEMICALS

Describe baseline conditions • Describe any existing waste or chemicals operations related to the proposal.

Assess impacts • Assess the adequacy of proposed measures to minimise natural resource

consumption and minimise impacts from the handling, transporting, storage, processing and reprocessing of waste and/or chemicals.

• Reference should be made to relevant guidelines e.g. Waste Classification

Guidelines

Describe management and mitigation measures • Outline measures to minimise the consumption of natural resources. • Outline measures to avoid the generation of waste and promote the re-use and

recycling and reprocessing of any waste.

• Outline measures to support any approved regional or industry waste plans.


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7. CUMULATIVE IMPACTS • Identify the extent that the receiving environment is already stressed by existing

development and background levels of emissions to which this proposal will contribute.

• Assess the impact of the proposal against the long term air, noise and water

quality objectives for the area or region.

• Identify infrastructure requirements flowing from the proposal (e.g. water and sewerage services, transport infrastructure upgrades).

• Assess likely impacts from such additional infrastructure and measures

reasonably available to the proponent to contain such requirements or mitigate their impacts (e.g. travel demand management strategies).

F LIST OF APPROVALS AND LICENCES

• Identify all approvals and licences required under environment protection legislation including details of all scheduled activities, types of ancillary activities and types of discharges (to air, land, water).

G COMPILATION OF MITIGATION MEASURES

• Outline how the proposal and its environmental protection measures would be implemented and managed in an integrated manner so as to demonstrate that the proposal is capable of complying with statutory obligations under DECC licences or approvals (e.g. outline of an environmental management plan).

• The mitigation strategy should include the environmental management and

cleaner production principles which would be followed when planning, designing, establishing and operating the proposal. It should include two sections, one setting out the program for managing the proposal and the other outlining the monitoring program with a feedback loop to the management program.

H JUSTIFICATION FOR THE PROPOSAL

• Reasons should be included which justify undertaking the proposal in the manner proposed, having regard to the potential environmental impacts.


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Appendix 4: Supporting documentation required when applying for an environment protection licence PREMISES-BASED ACTIVITIES You must supply the following information, where applicable, with your licence application for scheduled development work, scheduled activity and/or non-scheduled activity likely to cause water pollution. The activity - general information • Environmental Impact Statement or statement of environmental effects • Species impact statement • Waste strategy in force under the Waste Avoidance and Resource Recovery Act 2001 • Development consent • A detailed description of:

a) the current and/or proposed activity (including commencement and completion dates of all stages of development work)

b) the production process (if any), including the types of materials used (that is, all solid, liquid and gas inputs), any reuse of recycled materials, and the nature of the finished product and all intermediates. Include a flow diagram of the process, showing all emission and/or discharge points for pollutants, raw material stockpiles and raw material input points; add a piping and instrument diagram where appropriate.

c) the finished product (if any) (tonnes/year), and capacity (tonnes/year) d) all pollutants (air, water, noise) and waste products that will be generated,

discharged and/or emitted e) the proposed treatment, mitigation, and/or disposal methods for pollutants,

including any discharges after treatment and/or mitigation and disposal f) all pollution control equipment.

Discharge of pollutants to air • For pollutants to be emitted or discharged, both before and after treatment:

a) composition of flue gases on a dry basis b) moisture content in flue gases c) volumetric flow rate (cubic metres per hour) corrected to 0oC and 101.3

kilopascals d) temperature of flue gases e) pollutant concentrations (parts per million) and mass emission rate (grams per

second) f) exit velocity of flue gases from each discharge point g) concentrations and size ranges of particulate matter h) dispersion modelling for pollutants (including odours) used in determining

chimney heights. Include all assumptions, air quality criteria and background ambient levels used.

• A detailed assessment of fugitive emissions from the activity on the premises, including location of fugitive emissions, source of emissions, and mitigation measures for these emissions.

Discharge of pollutants to water • A full justification for any proposed discharges. This must include a description of best

management practices and cleaner production techniques to be used, and an assessment of what wastewater can be beneficially reused in preference to being discharged to waters.

• Plans and cross-sectional drawings of proposed works, including inlet and outlet points, baffles or other works to be installed at the discharge point.

• A longitudinal-section drawing along the outfall drainpipe or diffuser for the disposal of effluent to waters.


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• A schematic flow diagram of the treatment and disposal process proposed, including a piping and instrument diagram where appropriate.

• The average flow rate (kilolitres per day) of liquid to be discharged/irrigated from the proposed discharge point.

• The maximum flow rate (kilolitres per day) of liquid to be discharged/irrigated from the proposed discharge point.

• Proposed methods for measuring flow rates to be discharged/irrigated, and details of major items of equipment (for example aerators, diffusers, sprinkler types, pumps).

• The location of proposed monitoring points. • A detailed description of the concentration of pollutants both before and after treatment,

in terms of the following characteristics: a) temperature b) pH c) biological oxygen demand (BOD) d) total suspended solids e) faecal coliforms f) metals g) radioactivity h) oil, grease and floating solids i) infectious or contagious materials j) nutrient content k) salinity l) any prescribed matter for the definition of water pollution.

• The description must take into consideration the characteristics and hydrology of the receiving waters. Consideration must also be given to the cumulative effects of a number of pollutants.

Discharge of pollutants to land • Soil and land characteristics:

a) type and description b) permeability, infiltration and percolation potential c) soil profile: strata type at each depth d) types of vegetation or crops e) subsoil nutrient and salinity status.

• Topography: a) ground slope b) description of adjacent land c) erosion potential d) flood potential.

• Climate: a) precipitation analysis (monthly distribution) b) storm intensities c) evapotranspiration (monthly distribution) d) prevailing wind.

• Ground water: a) depth to ground water b) location of existing wells: c) on site, and/or d) adjacent to site e) current use of ground water f) whether the site is a groundwater recharge area g) groundwater chemistry and hydrology.

• Surface waters: a) proximity b) current use c) flow characteristics.

• Proximity to dwellings and roads. • Irrigation system:

a) a schematic diagram of the system controls, including pipes, pumps, valves, timers and alarms

b) description of the type of irrigation system: flood, spray, trickle or furrow. • A hydraulic water balance, including calculations.


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See the draft guidelines for the use of treated effluent by irrigation available from DECC’s Environment Line on 131 555. Generation, treatment, processing, reprocessing, storage and/or disposal of waste • For licence applications relating to landfilling activitiesprovide details of how

environmental goals will be met through the benchmark techniques specified in the Environmental guidelines: solid waste landfills (EPA 1996), or provide a comprehensive environmental management plan.

See the publications Environmental guidelines: solid waste landfills (EPA 1996) and Draft environmental guidelines for industrial waste landfilling (EPA 1999). Copies are available from DECC’s Environment Line on 131 555. • For putrescible landfills where the application is for a supervisory licence, the applicant

must specify the arrangements under which they have the capacity to exercise control over the waste facility with respect to: a) the types and volumes of waste received at the waste facility b) the design of the waste facility c) the separation, reuse, reprocessing and recycling of waste received at the

facility. • In all cases, a detailed assessment of the types and quantities of waste generated,

received, treated, processed, reprocessed and/or stored at the facility and exported from the facility

See the publication Waste Classification Guidelines (DECC 2008). Copies are available from DECC’s Environment Line on 131 555. The environmental outcomes • A detailed assessment of the expected environmental goals or outcomes to be

achieved in conducting the activity. This should include, at a minimum, the following: a) reuse options for the wastewater b) pollutant emission loads on a yearly basis c) potential impacts on regional air quality, including odour modelling d) noise levels at the nearest receptors, and any mitigation measures required to

ensure noise levels are within acceptable limits e) a ‘cradle to grave’ flow diagram for all waste generated by the development

works and/or activity.

The assessment must refer to any relevant standard, guideline or policy that formed the basis of any environmental goal or outcome to be achieved (for example World Health Organisation Goals, Australian and New Zealand Environment and Conservation Council Guidelines, the adoption of best management technology or the demonstration that it is being used). Site contamination • Details of any contamination present on the premises, including:

a) the nature and extent of any contamination b) any actual or proposed remediation to be carried out c) any actual or proposed validation of the remediation carried out.

Locality and site plan • Locality and site plan drawn to scale showing:

a) contours b) existing and proposed facilities, site boundaries, adjacent residential areas

(existing and proposed development), and other noise-sensitive areas such as schools, hospitals and aged-care centres

c) nearest affected or isolated residences within the area likely to be affected by the activity

d) other adjoining premises (commercial and/or industrial) e) all sensitive ecological receivers, including nearby creeks and wetlands.

Auditing compliance • Proposed means of auditing compliance with licence conditions.


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NON-PREMISES-BASED ACTIVITIES – MOBILE PLANT You must supply the following information, where applicable, with your licence application for scheduled development work, scheduled activity and/or non-scheduled activity likely to cause water pollution. You must supply the following information with your licence application for a mobile plant activities or mobile waste processing. • A detailed assessment of the expected environmental goals or outcomes to be

achieved in conducting the activity. This should include at a minimum, where applicable, the following: a) details of potential discharges and the reuse options for the waste water b) pollutant emission loads on a yearly basis c) potential impacts on regional air quality, including odour modelling d) noise levels at the nearest receptors, and any mitigation measures required to

ensure noise levels are within acceptable limits e) a ‘cradle to grave’ flow diagram for all waste products resulting from the

development works and/or activity. The assessment must refer to any relevant standard, guideline or policy that formed the basis of any environmental goal or outcome to be achieved (for example World Health Organisation Goals, Australian and New Zealand Environment and Conservation Council Guidelines, the adoption of best management technology or the demonstration that it is being used).


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Appendix 5: Fee-based activity classifications and assessable pollutants The following information is extracted directly from Schedule 1 of the Protection of the Environment Operations (General) Regulation 1998 as at April 2008. From time to time legislation may be subject to amendment. Refer to the Parliamentary Counsel’s Office website at www.legislation.nsw.gov.au for the latest version.


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Protection of the Environment Operations (General) Regulation 1998 Schedule 1 Licensing fees

AGRICULTURAL PROCESSING

Dairy processing (see clause 2(1) of Schedule 1 to the Act)

1 Units of measure: megalitres

2 Administrative fee

Annual production capacity Administrative fee units

Not more than 30, 000 megalitres 5

More than 30,000 but not more than 100,000 megalitres 15

More than 100,000 megalitres 50

3 Load-based fee (there are no assessable pollutants and therefore no load-based fee in relation to this activity)

General agricultural processing (see clause 2(1) of Schedule 1 to the Act)

1 Units of measure: tonnes


Annual processing capacity Administrative fee units

Not more than 30,000 tonnes 5

More than 30,000 but not more than 100,000 tonnes 15


More than 250,000 tonnes 135


Grape processing (see clause 2(1) of Schedule 1 to the Act)


2 Administrative fee Annual processing capacity Administrative fee units







66

AQUACULTURE AND MARICULTURE

Aquaculture and mariculture (see clause 3(1) of Schedule 1 to the Act)



Annual volume of discharge Administrative fee units

Not more than 2,000 megalitres 5




BITUMEN MIXING

Bitumen mixing (see clause 4(1) of Schedule 1 to the Act)





More than 30,000 but more than 100,000 tonnes 50



BREWING AND DISTILLING

Brewing and distilling (see clause 5(1) of Schedule 1 to the Act)









67

CEMENT OR LIME WORKS

Cement or lime handling (see clause 6(1) of Schedule 1 to the Act)



Annual handling capacity Administrative fee units




More than 500,000 but not more than 2,000,000 tonnes 65

More than 2,000,000 tonnes 165

3 Load-based fee (but only if the annual handling capacity exceeds 30,000 tonnes)

Air pollutants Threshold factor

Coarse particulates 0.23

Fine particulates 0.37

Water pollutants Threshold factor

Nil Not applicable

Cement or lime production (see clause 6(1) of Schedule 1 to the Act)









3 Load-based fee (but only if the annual processing capacity exceeds 30,000 tonnes)




Nitrogen oxides and nitrogen oxides (summer) 3.2

Sulfur oxides 0.16


Nil Not applicable


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CERAMIC WORKS

Ceramic waste generation (see clause 7(1) of Schedule 1 to the Act)


2 Administrative fee (but only if the activity is a scheduled activity under clause 7(2) of Schedule 1 to the Act)

Annual volume of waste generated or stored Administrative fee units

More than 5 but not more than 100 tonnes 8

More than 100 tonnes 16


Ceramics production (see clause 7(1) of Schedule 1 to the Act)








3 Load-based fee (but only if the annual production capacity exceeds 15,000 tonnes)




Fluoride 0.8


Sulfur oxides 18.2


Nil Not applicable


69

CERAMIC WORKS

Glass production (see clause 7(1) of Schedule 1 to the Act)



Annual melting capacity Administrative fee units





3 Load-based fee (but only if the annual melting capacity exceeds 15,000 tonnes)

Production of container glass





Sulfur oxides 3.12


Nil Not applicable

Production of float glass





Sulfur oxides 3.64


Nil Not applicable

Production of other glass





Sulfur oxides 4.16


Nil Not applicable


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CHEMICAL PRODUCTION

Agricultural fertiliser (inorganic) production (see clause 8(1) of Schedule 1 to the Act)








Agricultural fertiliser (phosphate) production (see clause 8(1) of Schedule 1 to the Act)







3 Load-based fee (but only if the activity is a scheduled activity under clause 8(2) of the schedule 1 to the Act) Air pollutants Threshold factor



Fluoride 1.1


Total phosphorus 0.002


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CHEMICAL PRODUCTION

Ammonium nitrate production (see clause 8(1) of Schedule 1 to the Act)







3 Load-based fee (but only if the activity is a scheduled activity under clause 8(2) of Schedule 1 to the Act)






Total nitrogen 0.11

Battery production (see clause 8(1) of Schedule 1 to the Act)




Not more than 500 tonnes 15

More than 500 but not more than 1,500 tonnes 50



Chemical production waste generation (see clause 8(1) of Schedule 1 to the Act)








72

CHEMICAL PRODUCTION

Dangerous goods production (see clause 8(1) of Schedule 1 to the Act)








Explosives production (see clause 8(1) of Schedule 1 to the Act)








Paints/polishes/adhesives production (see clause 8(1) of Schedule 1 to the Act)







3 Load-based fee (but only if the activity is a scheduled activity under clause 8(2) of Schedule 1 to the Act) Air pollutants Threshold factor

Benzene 0.27



VOCs and VOCs (summer) 8.73


Nil Not applicable


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CHEMICAL PRODUCTION

Pesticides and related products production (see clause 8(1) of Schedule 1 to the Act)









Pesticides and related products (toxic substances) production (see clause 8(1) of Schedule 1 to the Act)









Petrochemical production (see clause 8(1) of Schedule 1 to the Act)










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CHEMICAL PRODUCTION


Benzene 0.25





Nil Not applicable

Pharmaceutical or veterinary products production (see clause 8(1) of Schedule 1 to the Act)








Plastic resins production (see clause 8(1) of Schedule 1 to the Act)









Benzene 0.5





Nil Not applicable


75

CHEMICAL PRODUCTION

Plastics reprocessing (see clause 8(1) of Schedule 1 to the Act)



Annual reprocessing capacity Administrative fee units





Benzene 0.5





Nil Not applicable

Rubber products/tyre production (see clause 8(1) of Schedule 1 to the Act)







Soap and detergents production (see clause 8(1) of Schedule 1 to the Act)









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CHEMICAL PRODUCTION

Soap and detergents (toxic substances) production (see clause 8(1) of Schedule 1 to the Act)








Synthetic rubber production (see clause 8(1) of Schedule 1 to the Act)








Toxic substance production (see clause 8(1) of Schedule 1 to the Act)









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CHEMICAL STORAGE

Chemical storage waste generation (see clause 9(1) of Schedule 1 to the Act)







General chemicals storage (see clause 9(1) of Schedule 1 to the Act)

1 Units of measure: kilolitres


Storage capacity Administrative fee units

Not more than 5,000 kilolitres 8

More than 5,000 but not more than 100,000 kilolitres 25

More than 100,000 kilolitres 65


Petroleum products storage (see clause 9(1) of Schedule 1 to the Act)

1 Units of measure: kilolitres


Storage capacity Administrative fee units

Not more than 5,000 kilolitres 8

More than 5,000 but not more than 100,000 kilolitres 25

More than 100,000 kilolitres 65

3 Load-based feeAir pollutants Threshold factor

Benzene 0.0005



Nil Not applicable


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COAL WORKS

Coal works (see clause 10(1) of Schedule 1 to the Act)




Not more than 2,000,000 tonnes 50

More than 2,000,000 but not more than 5,000,000 tonnes 135



COKE PRODUCTION

Coke production (see clause 11(1) of Schedule 1 to the Act)








Benzene 0.072

Benzo(a)pyrene (equivalent) 0.00073



Hydrogen sulfide 0.002


Sulfur oxides 0.4



Oil and grease 0.011

Suspended solids 0.13

Total PAHs 0.000032

Total phenolics 0.000032


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COMPOSTING

Composting (see clause 12(1) of Schedule 1 to the Act)



Annual capacity to receive organics Administrative fee units


More than 5,000 but no more than 50,000 tonnes 15



CONCRETE WORKS

Concrete works (see clause 13(1) of Schedule 1 to the Act)

1 Units of measure: cubic metres



Not more than 13,000 cubic metres 5

More than 13,000 but not more than 25,000 cubic metres 15


More than 50,000 cubic metres 135


CONTAINER RECONDITIONING

Container reconditioning (see clause 14(1) of Schedule 1 to the Act)

1 Units of measure: (not applicable)


Annual capacity to recondition, recover, treat or store

Administrative fee units

Any capacity 50



80

CONTAMINATED SOIL TREATMENT

Contaminated soil treatment (see clause 15(1) of Schedule 1 to the Act)




Any capacity 50


CRUSHING, GRINDING OR SEPARATING

Crushing, grinding or separating (see clause 16(1) of Schedule 1 to the Act)











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ELECTRICITY GENERATION

Electricity generation (see clause 17(1) of Schedule 1 to the Act)

1 Units of measure: gigawatt-hours


Annual generating capacity Administrative fee units

Not more than 450 gigawatt-hours (GWh) 25

More than 450 but not more than 1,000 gigawatt-hours (GWh) 65

More than 1,000 but not more than 4,000 gigawatt-hours (GWh)

165

More than 4,000 gigawatt-hours (GWh) 420

3 Load-based fee (but only if the annual generating capacity exceeds 250 gigawatt hours)

Generation of electrical power from coal





Fluoride 14.0

Nitrogen oxides and nitrogen oxides (summer) 2,700

Sulfur oxides 5,300


Salt 3.6

Selenium 0.14


Generation of electrical power from gas


Nitrogen oxides and nitrogen oxides (summer) 2,700


Salt 3.6


Generation of electrical power otherwise than from coal or from gas (there are no assessable pollutants and therefore no load-based fee in relation to this activity)


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ENERGY RECOVERY

Energy recovery from general waste (see clause 18(1) of Schedule 1 to the Act)



Annual capacity Administrative fee units

Any capacity 65

3 Load-based fee


Arsenic 0.00005

Benzene 0.0000011

Benzo(a)pyrene 0.00002


Lead 0.035

Mercury 0.003


Sulfur oxides 0.07


Nil Not applicable

Energy recovery from hazardous or other waste (see clause 18(1) of Schedule 1 to the Act)




Any capacity 65

3 Load-based fee


Arsenic 0.00005

Benzene 0.0000011



Lead 0.035

Mercury 0.003


Sulfur oxides 0.07


Nil Not applicable


83

EXTRACTIVE ACTIVITIES

Land-based extractive activity (see clause 19(1) of Schedule 1 to the Act)



Extractive, processing or storage capacity Administrative fee units








Water-based extractive activity (see clause 19(1) of Schedule 1 to the Act)



Extractive capacity Administrative fee units





More than 500,000 but not more than 2,000,000 cubic metres 335

More than 2,000,000 cubic metres 600


HELICOPTER-RELATED ACTIVITIES

Helicopter-related activity (see clause 20(1) of Schedule 1 to the Act)

1 Units of measure: flights


Annual flight movement capacity Administrative fee units

Not more than 1,500 flights 5

More than 1,500 but not more than 5,000 flights 15

More than 5,000 flights 50



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IRRIGATED AGRICULTURE

Irrigated agriculture (see clause 21(1) of Schedule 1 to the Act)

1 Units of measure: hectares


Total area of existing area of operations of irrigation corporation


Not more than 10,000 hectares 15

More than 10,000 but not more than 100,000 hectares 50

More than 100,000 hectares 135



85

LIVESTOCK INTENSIVE ACTIVITIES

Animal accommodation (see clause 22(1) of Schedule 1 to the Act)



Live weight capacity to accommodate Administrative fee units




Note. Live weight capacity is to be calculated either by using the actual live weight, or estimating live weight on the basis that 1 tonne live weight equals 2 cattle, 13 goats, 22 sheep, 2 horses, 5 deer, 17 emus, 13 kangaroos, 5 breeding sows, 17 porker or finisher pigs or 11 bacon pigs.


Bird accommodation (see clause 22(1) of Schedule 1 to the Act)







Note. Live weight capacity is to be calculated either by using the actual live weight, or estimating live weight on the basis that 1 tonne live weight equals 555 layer chickens, 1,100 broiler chickens, 17 emus, 310 ducks, 165 geese, or 110 turkeys.


Cattle, sheep or horse accommodation (see clause 22(1) of Schedule 1 to the Act)







Note. Live weight capacity is to be calculated either by using the actual live weight, or estimating live weight on the basis that 1 tonne live weight equals 2 cattle, 13 goats, 2 horses, or 22 sheep.



86

LIVESTOCK INTENSIVE ACTIVITIES

Dairy animal accommodation (see clause 22(1) of Schedule 1 to the Act)







Note. Live weight capacity is to be calculated either by using the actual live weight, or estimating live weight on the basis that 1 tonne live weight equals 1.6 milking cows or 13 other dairy animals.


Pig accommodation (see clause 22(1) of Schedule 1 to the Act)







Note. Live weight capacity is to be calculated either by using the actual live weight, or estimating live weight on the basis that 1 tonne live weight equals 5 breeding sows, 62 weaner pigs, 31 grower pigs, 17 porker or finisher pigs, or 11 bacon pigs.



87

LIVESTOCK PROCESSING ACTIVITIES

General animal products production (see clause 23(1) of Schedule 1 to the Act)







Greasy wool or fleece processing (see clause 23(1) of Schedule 1 to the Act)




Any capacity 5


Rendering or fat extraction (see clause 23(1) of Schedule 1 to the Act)







Slaughtering or processing animals (see clause 23(1) of Schedule 1 to the Act)








88

LIVESTOCK PROCESSING ACTIVITIES

Tanneries or fellmongeries (see clause 23(1) of Schedule 1 to the Act)








89

LOGGING OPERATIONS

Logging operations (see clause 24(1) of Schedule 1 to the Act)




Any capacity 5,500


MARINAS AND BOAT REPAIRS

Boat construction/maintenance (dry/floating docks) (see clause 25(1) of Schedule 1 to the Act)




Any capacity 135


Boat construction/maintenance (general) (see clause 25(1) of Schedule 1 to the Act)




Any capacity 50


Boat mooring and storage (see clause 25(1) of Schedule 1 to the Act)




Any capacity 15



90

METALLURGICAL ACTIVITIES

Aluminium production (alumina) (see clause 26(1) of Schedule 1 to the Act)




Any capacity 420

3 Load-based fee


Coarse particulates 5

Fine particulates 12

Fluoride 1


Sulfur oxides 20


Nil Not applicable

Aluminium production (scrap metal) (see clause 26(1) of Schedule 1 to the Act)






3 Load-based fee




Fluoride 1

Nitrogen oxides and nitrogen oxides (summer) 4

Sulfur oxides 9.6



Nil Not applicable


91


Iron or steel production (iron ore) (see clause 26(1) of Schedule 1 to the Act)




Any capacity 2,650

3 Load-based fee


Benzene 0.0011




Hydrogen sulphide 0.018


Sulfur oxides 6.6

VOCs and VOCs (summer) 7


Arsenic 0.0091

Cadmium 0.0018

Chromium 0.0054

Copper 0.0036

Lead 0.0018

Mercury 0.000091

Oil and grease 0.015

Selenium 0.00091


Zinc 0.0091


92


Iron or steel production (scrap metal) (see clause 26(1) of Schedule 1 to the Act)










Sulfur oxides 3.38



Nil Not applicable

Metal coating (see clause 26(1) of Schedule 1 to the Act)



Annual capacity to coat metal Administrative fee units





Metal processing (see clause 26(1) of Schedule 1 to the Act)









93


Metal waste generation (see clause 26(1) of Schedule 1 to the Act)


2 Administrative fee (but only if the activity is a scheduled activity under clause 26(2)(b) of Schedule 1 to the Act)





Non-ferrous metal production (ore concentrates) (see clause 26(1) of Schedule 1 to the Act)




Any capacity 660

3 Load-based fee Air pollutants Threshold factor

Arsenic 0.03



Lead 0.06

Mercury 0.03

Sulfur oxides 230


Arsenic 0.0003

Cadmium 0.0003

Chromium 0.0003

Copper 0.0026

Lead 0.03

Mercury 0.0003

Selenium 0.0003


Zinc 0.02


94


Non-ferrous metal production (scrap metal) (see clause 26(1) of Schedule 1 to the Act)









Lead 0.002


Sulfur oxides 0.99



Nil Not applicable

Scrap metal processing (see clause 26(1) of Schedule 1 to the Act)









95

MINERAL PROCESSING

Mineral processing (see clause 27(1) of Schedule 1 to the Act)










Mineral waste generation (see clause 27(1) of Schedule 1 to the Act)







MINING FOR COAL

Mining for coal (see clause 28(1) of Schedule 1 to the Act)











96

MINING FOR MINERALS

Mining for minerals (see clause 29(1) of Schedule 1 to the Act)













97

PAPER OR PULP PRODUCTION

Paper or pulp production (see clause 30(1) of Schedule 1 to the Act)






3 Load-based fee






BOD 5.55

Salt 3.0


Total nitrogen 0.1


Zinc 0.13

Paper or pulp waste generation (see clause 30(1) of Schedule 1 to the Act)








98

PETROLEUM AND FUEL PRODUCTION

Crude oil/shale oil production (see clause 31(1) of Schedule 1 to the Act)










Benzene 0.004





Sulfur oxides 0.6



BOD 0.14

Oil and grease 0.12


Total PAHs 0.07



99


Natural gas/methane production (see clause 31(1) of Schedule 1 to the Act)










Benzene 0.004





Sulfur oxides 0.6



BOD 0.14

Oil and grease 0.12


Total PAHs 0.07



100


Petroleum products and fuel production (see clause 31(1) of Schedule 1 to the Act)










Benzene 0.004





Sulfur oxides 0.6



BOD 0.14

Oil and grease 0.12


Total PAHs 0.07



101

PRINTING, PACKAGING AND VISUAL COMMUNICATIONS

Printing, packaging and visual communications waste generation (see clause 32(1) of Schedule 1 to the Act)







RAILWAY SYSTEMS ACTIVITIES

Railway systems activities (see clause 33(1) of Schedule 1 to the Act)




Any capacity 50



102

RESOURCE RECOVERY

Recovery of general waste (see clause 34(1) of Schedule 1 to the Act)



Type of material recovered Administrative fee units

General waste 16

3 Load-based fee (there are no assessable pollutants and therefore no load-based fee in relation to this activity) Recovery of hazardous and other waste (see clause 34(1) of Schedule 1 to the Act)




Hazardous and other waste 32

3 Load-based fee (there are no assessable pollutants and therefore no load-based fee in relation to this activity) Recovery of waste oil (see clause 34(1) of Schedule 1 to the Act)



Annual recovery capacity Administrative fee units



3 Load-based fee (but only if the annual capacity exceeds 20,000 tonnes) Air pollutants Threshold factor

Lead 0.2



Oil and grease 4.8

Recovery of waste tyres (see clause 34(1) of Schedule 1 to the Act)




Waste tyres 12



103

ROAD CONSTRUCTION

Road construction (see clause 35(1) of Schedule 1 to the Act)

1 Units of measure: kilometres


Design length of road to be constructed, widened or re-routed


Not more than 10 kilometres 50

More than 10 but not more than 30 kilometres 135

More than 30 kilometres 335



104

SEWAGE TREATMENT

Sewage treatment (see clause 36(1) of Schedule 1 to the Act)



Annual maximum volume of discharge Administrative fee units

Not more than 20 megalitres 5

More than 20 but not more than 100 megalitres 8

More than 100 but not more than 1,000 megalitres 25





More than 30,000 megalitres 2,650

3 Load-based fee (but only if the maximum annual volume of sewage that the relevant licence authorises to be discharged exceeds 219 megalitres)

Processing by small plants (less than 10,000 megalitres annual capacity)


Nil Not applicable


BOD 10

Oil and grease 2

Total nitrogen 10


Suspended solids 15


105

SEWAGE TREATMENT

Processing by large plants (more than 10,000 megalitres annual capacity)


Nil Not applicable


BOD 10

Cadmium 0.00005

Chromium 0.0025

Copper 0.01

Lead 0.0005

Mercury 0.00005

Oil and grease 2

Selenium 0.0025

Suspended solids 15

Total nitrogen 10

Pesticides and PCBs 0.00012


Zinc 0.012


106

SHIPPING IN BULK

Shipping in bulk (see clause 37(1) of Schedule 1 to the Act)



Annual capacity to load and unload Administrative fee units





STERILISATION ACTIVITIES

Sterilisation activities (see clause 38(1) of Schedule 1 to the Act)




Any capacity 32


WASTE DISPOSAL (APPLICATION TO LAND)

Waste disposal by application to land (see clause 39(1) of Schedule 1 to the Act)




Any capacity 32



107

WASTE DISPOSAL (THERMAL TREATMENT)

Thermal treatment of general waste (see clause 40(1) of Schedule 1 to the Act)




Any capacity 65

3 Load-based fee


Arsenic 0.00005

Benzene 0.0000011



Lead 0.035

Mercury 0.003


Sulfur oxides 0.07


Nil Not applicable

Thermal treatment of hazardous and other waste (see clause 40(1) of Schedule 1 to the Act)




Any capacity 65

3 Load-based fee


Arsenic 0.00005

Benzene 0.0000011



Lead 0.035

Mercury 0.003


Sulfur oxides 0.07


Nil Not applicable


108

WASTE PROCESSING (NON-THERMAL TREATMENT)

Non-thermal treatment of general waste (see clause 41(1) of Schedule 1 to the Act)



Type of waste treated Administrative fee units

General waste 16


Non-thermal treatment of hazardous and other waste (see clause 41(1) of Schedule 1 to the Act)




Hazardous and other waste 32


Non-thermal treatment of waste tyres (see clause 41(1) of Schedule 1 to the Act)




Waste tyres 12



109

WASTE STORAGE

Waste storage (see clause 42(1) of Schedule 1 to the Act)



Type of waste stored Administrative fee units

Hazardous waste, restricted solid waste, liquid waste, clinical and related waste and asbestos waste

32

Waste tyres 12

Other types of waste 16


WOOD OR TIMBER MILLING OR PROCESSING

Wood or timber milling or processing (see clause 43(1) of Schedule 1 to the Act)









WOOD PRESERVATION

Wood preservation (see clause 44(1) of Schedule 1 to the Act)









110

MOBILE PLANT ACTIVITIES

Mobile plant activity (see clause 46(1) of Schedule 1 to the Act)



Type of activity Administrative fee units

Any capacity 5


MOBILE WASTE PROCESSING

Mobile waste processing (see clause 47(1) of Schedule 1 to the Act)




Any capacity 32


TRANSPORT OF WASTE

Transport of hazardous and other waste (see clause 48(1) of Schedule 1 to the Act)



Annual capacity to transport Administrative fee units

Any capacity 4


Transport of waste tyres (see clause 48(1) of Schedule 1 to the Act)



Annual capacity to transport Administrative fee units

Any capacity 4



111

MISCELLANEOUS WATER ACTIVITIES

Miscellaneous licensed discharge to waters (wet weather only), meaning any activity (other than a scheduled activity) in relation to which a licence to discharge pollutants to waters during or immediately following periods of wet weather (but not at any time) has been granted under the Act



Maximum annual volume of discharge authorised by licence (calculated by multiplying maximum allowable daily discharge by 50)





More than 150 megalitres 135


Miscellaneous licensed discharge to waters (at any time), meaning any activity (other than a scheduled activity) in relation to which a licence to discharge pollutants to waters has been granted under the Act



Maximum annual volume of discharge authorised by licence




More than 100 but not more than 1,000 megalitres 50




112

OTHER ACTIVITIES NOT OTHERWISE LISTED

Other activities, meaning any activity (other than a scheduled or miscellaneous water activity)




Any capacity 5



113

Appendix 6: Catchments of NSW


114

Appendix 7: Determining grid coordinates Grid coordinates (easting/northing) It is a requirement of all premises-based licence applications that the applicant supply grid coordinates for their operation. Additionally, if any activities which are carried out at the premises discharge pollutants to air, water or land the applicant must also supply grid coordinates for all discharge points. Grid coordinates are obtained from geographic coordinates using internationally recognised mathematical formulae to project a flat mapping grid of x and y coordinates onto the earth’s surface. This grid is then broken down into more manageable sections called ‘Zones’. Projected grid coordinates specify locations by recording the easting (x) and northing (y) in metres from a reference point within these zones. The standard grid reference used in Australia is Geocentric Datum Australia 1994 (GDA94) and grid coordinates should be supplied in this format wherever possible. In addition to providing the actual coordinates all applicants must also supply the Australian Map Grid (AMG) Zone and the reference system used (i.e. GDA94). There are four AMG zones that cover NSW: 54 (western NSW), 55 (central NSW), 56 (coastal NSW) and 57 (Lord Howe Island). As these zones define what area of the state coordinates relate to it is not possible to specify a location without a relevant zone number. All applications for premises-based licences must be accompanied by a map showing the location and layout of the whole of the premises. Where pollutants are discharged to the environment an additional map showing the location of all discharge points, clearly identified and labelled, must also be attached. When supplying location information for pollutant discharge points it is also necessary to provide a physical description of each location. Obtaining grid coordinates from topographic maps The most accessible way of determining the grid coordinates of a location is by reading the easting and northing from a map. As a guide, paper maps published prior to 2000 (e.g. 1st & 2nd edition Topographic maps published by the NSW Central Mapping Authority or Land Information Centre) will typically be in older Australian Geodetic Datum 1966 (AGD66) format. Grid coordinates obtained in this format will need to be converted to the new standard of GDA94. Maps published after 2000 will conform to the GDA94 standard (e.g. 3rd Edition Series Topographic maps currently being produced by the Department of Land and Property Information NSW). If conversion from the older AGD66 format is required coordinate conversion software tools can be obtained from the Geoscience Australia website at www.ga.gov.au/nmd/geodesy/datums/trans. Obtaining grid coordinates from Global Positioning System (GPS) devices As with using maps, the Zone and grid reference format used must be known and recorded. Older GPS units may not have the option of using GDA94 and should be set at either WGS84 (a format that GPS devices use which is compatible with GDA94) or AGD66 – which requires subsequent conversion. If you are uncertain whether the GPS unit is functioning properly, it is advisable to check the GPS reading against known points read from a topographic map such as a street corner. Determining site references for premises Only one grid coordinate will be submitted to reference the location of each premises-based licence. This point should therefore be representative of the licence in terms of the area of activities conducted at the location. In instances where the area of operation is large or activities are dispersed over a wide area it may be difficult to determine the appropriate point to take coordinates from. Consequently, the following guidelines should be followed when determining the site reference for a licence:


115

• If the area of operation is homogenous pick a point in the centre of the area of operation representing the activity undertaken. For example, if a sewerage treatment plant irrigates effluent to an adjacent paddock with all land used for either plant or irrigation the site reference will be at the centre of the block.

• If the area is heterogeneous, select the area that represents the major use, eliminating

land with no licensed activity, determine the centre of that area of activity and take the site reference co-ordinates from the resulting point. For example, if a coal mining operation has a lease on a large ‘L’ shaped block of land with open cut mining activities affecting only one square section in a corner, the section of land that is not being affected by mining should be ignored. In this instance the site reference should be obtained from the centre of the smaller remaining area.

• The front gate of the premises or head office should not be used as the site reference

unless it also happens to represent the centre of activity. • Discharge points should not be used to form part of the area of activity for selecting the

site reference, otherwise a discharge point well away from the major area of activity will result in the site reference becoming skewed from the main area of activity. Discharge points must be mapped and recorded independently from the site reference (see below).

• The extent of activity should only cover areas on the applicant’s land or that are explicitly

covered in the proposed licence. For example, if a licensed activity transfers effluent to a neighbouring property for disposal by irrigation then the irrigation area will not be included in the activity area used to derive the site reference.

Determining water pollutant discharge points The grid coordinates submitted as the location of a discharge point for water pollutants should be recorded as the point at which the discharge enters the environment. The following guidelines clarify how to determine the appropriate point: • Direct discharge from a pipe or channel - Generally this type of discharge point will be

the end of the pipe or channel. Where this is difficult to identify due to submersion (e.g. ocean outfall) the point must be either estimated or obtained from the nearest accessible point.

• ‘Wet weather discharge’ from an irrigation area - Licensed activities discharging to

land (e.g. effluent re-use) do not have a discrete point of discharge. The point nominated should best represent the discharge as it enters the environment such as the centre of a spillway from a terminal dam. In instances where discharge occurs but no dam is present, a drainage line should be chosen that represents the pollution impact from the area.

Determining air pollutant discharge points The grid coordinates, which should be submitted as the location of a discharge point for air pollutants, follow the same rules as for water pollutants. That is, they should be recorded as the point at which the discharge enters the environment unless the discharge is diffuse. The following guidelines clarify how to determine the appropriate point: • Point sources - Point source air discharges such as stacks should be recorded using the

same principles as for point source water discharges, i.e. the point of discharge to the environment should be the location recorded.

• Non-point sources - For diffuse air discharges, such as dust, where it is not possible to

determine a discrete discharge location, the diffuse nature of the discharge should be described fully in the description supplied.

guide to licensing - nsw environment & heritage · guide to licensing: part b 1 appendix 1:...

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