Licence Variation - Jemena
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Section 58(5) Protection of the Environment Operations Act 1997
Licence Variation
Licence - 21302
JEMENA LIMITED
ABN 95 052 167 405
14/99 WALKER ST
NORTH SYDNEY NSW 2060
Attention: Oliver King - Project Director, Remediation
Notice Number 1589249
File Number EF19/21604
Date 07-Jan-2020
NOTICE OF VARIATION OF LICENCE NO. 21302
BACKGROUND
A. JEMENA LIMITED (“the licensee”) is the holder of Environment Protection Licence No. 21302 (“the
licence”) issued under the Protection of the Environment Operations Act 1997 (“the Act”). The licence
authorises the carrying out of activities at 140 TENNYSON ROAD, MORTLAKE, NSW, 2137 ("the
premises").
B. Condition O4.6 of the licence requires that all cementing and dredging remediation activities within
remediation areas [SA1 & NA2&3] must be undertaken within sheet piled walls, or other primary barrier
wall acceptable to the EPA.
C. On 19 November 2019, the licensee provided the Coffey Services Australia Pty Ltd, Ground Movement
and Monitoring Plan, dated 10 November 2019 (“the report”) (EPA Ref. DOC19/1012974) to the NSW
Environment Protection Authority (“EPA”).
D. The report raises concern that the installation of the sheet pile walls, as required by licence condition
O4.6, may cause ground movement and vibration that would impact on the integrity of the existing
seawalls.
E. To avoid damage to the existing seawall, the licensee is proposing to use a coffer dam structure around
the area encompassing SA1, NA2 and NA3 in place of the sheet pile wall within 5 metres of the seawall
in accordance with the engineering drawing prepared by JK Geotechnics: NA2 & 3 Typical Sections at
Coffer Dam/Seawall Interface (Ref. 050055-SA1-COFF-STRUCT-001, Rev C).
F. The EPA has considered the information provided and on 16 December 2019 provided conditional
approval for the licensee to proceed with the coffer dam structure (EPA Ref. DOC19/1055047).
G. On 19 December 2019, the licensee accepted the EPA's proposed amendments to licence condition
O4.6 and provided additional context to interpretation of the terms. This includes:
Page 1Section 58(5) Protection of the Environment Operations Act 1997
Licence Variation
1. “where practical” includes the implementation of all measures provided by the licensee's
geotechnical consultant Coffey Services Australia Pty Ltd to protect and preserve the integrity of
the seawall.
2. marine vessel access to the in-situ remediation areas SA1, NA2 and NA3 will be facilitated by
maintaining a designated opening in the primary barrier wall. This designated opening, also
described as a gating area, is depicted within the Remediation Works Plan (Ref.
GAS-1499-PA-002) Rev 1.0.
3. the licensee will use a combination of silt curtains/bubble curtains to limit the potential impacts of
water pollution from the designated openings in the primary barrier wall
4. to allow sufficient barge draft in the southern remediation area, the licensee must first remove
sediment to an acceptable depth before being able to install the primary barrier control. This work
will be undertaken within the silt curtain control enclosure.
H. The EPA has taken the matters listed under section 45 of the Act into consideration when assessing
the application.
VARIATION OF LICENCE NO. 21302
1. By this notice the EPA varies licence No. 21302. The attached licence document contains all variations
that are made to the licence by this notice.
2. The following variations have been made to the licence:
Condition O4.6 has been updated to reflect the EPA's conditional approval of the coffer dam
structure in SA1, NA2 and NA3.
.......................................................
James Goodwin
Director
Metropolitan - Sydney Industry
(by Delegation)
INFORMATION ABOUT THIS NOTICE
This notice is issued under section 58(5) of the Act.
Details provided in this notice, along with an updated version of the licence, will be available on the
EPA’s Public Register (http://www.epa.nsw.gov.au/prpoeo/index.htm) in accordance with section 308 of
the Act.
Page 2Section 58(5) Protection of the Environment Operations Act 1997
Licence Variation
Appeals against this decision
You can appeal to the Land and Environment Court against this decision. The deadline for lodging the
appeal is 21 days after you were given notice of this decision.
When this notice begins to operate
The variations to the licence specified in this notice begin to operate immediately from the date of this
notice, unless another date is specified in this notice.
If an appeal is made against this decision to vary the licence and the Land and Environment Court
directs that the decision is stayed the decision does not operate until the stay ceases to have effect or
the Land and Environment Court confirms the decision or the appeal is withdrawn (whichever occurs
first).
Page 3Section 55 Protection of the Environment Operations Act 1997
Environment Protection Licence
Licence - 21302
Licence Details
Number: 21302
Anniversary Date: 17-October
Licensee
JEMENA LIMITED
14/99 WALKER ST
NORTH SYDNEY NSW 2060
Premises
KENDALL BAY AND STAGING SITE AT 140 TENNYSON
ROAD, MORTLAKE
140 TENNYSON ROAD
MORTLAKE NSW 2137
Scheduled Activity
Chemical storage
N/A
Fee Based Activity Scale
Chemical storage waste generation > 100 T annual volume of waste
generated or stored
Other activities Any Annual capacity
Region
Metropolitan - Sydney Industry
Level 13, 10 Valentine Ave
PARRAMATTA NSW 2150
Phone: (02) 9995 5000
Fax: (02) 9995 6900
PO Box 668
PARRAMATTA NSW 2124
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Environment Protection Licence
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INFORMATION ABOUT THIS LICENCE 4
-----------------------------------------------------------------------------------------------------------
Dictionary ---------------------------------------------------------------------------------------------------------------------------------------- 4
Responsibilities of licensee ----------------------------------------------------------------------------------------------------------------- 4
Variation of licence conditions ------------------------------------------------------------------------------------------------------------- 4
Duration of licence ---------------------------------------------------------------------------------------------------------------------------- 4
Licence review ---------------------------------------------------------------------------------------------------------------------------------- 4
Fees and annual return to be sent to the EPA ----------------------------------------------------------------------------------------- 4
Transfer of licence ----------------------------------------------------------------------------------------------------------------------------- 5
Public register and access to monitoring data ----------------------------------------------------------------------------------------- 5
1 6
ADMINISTRATIVE CONDITIONS -----------------------------------------------------------------------------------------------------------------
A1 What the licence authorises and regulates ------------------------------------------------------------------------------------- 6
A2 Premises or plant to which this licence applies -------------------------------------------------------------------------------- 7
A3 Other activities -------------------------------------------------------------------------------------------------------------------------- 9
A4 Information supplied to the EPA --------------------------------------------------------------------------------------------------- 9
A5 Other administrative conditions ---------------------------------------------------------------------------------------------------- 9
2 10
DISCHARGES TO AIR AND WATER AND APPLICATIONS TO LAND ---------------------------------------------------------------
P1 Location of monitoring/discharge points and areas -------------------------------------------------------------------------- 10
3 11
LIMIT CONDITIONS ----------------------------------------------------------------------------------------------------------------------------------
L1 Pollution of waters --------------------------------------------------------------------------------------------------------------------- 11
L2 Concentration limits ------------------------------------------------------------------------------------------------------------------- 11
L3 Hours of operation --------------------------------------------------------------------------------------------------------------------- 13
L4 Potentially offensive odour ---------------------------------------------------------------------------------------------------------- 13
L5 Other limit conditions ------------------------------------------------------------------------------------------------------------------ 13
4 14
OPERATING CONDITIONS ------------------------------------------------------------------------------------------------------------------------
O1 Activities must be carried out in a competent manner ---------------------------------------------------------------------- 14
O2 Maintenance of plant and equipment -------------------------------------------------------------------------------------------- 14
O3 Dust --------------------------------------------------------------------------------------------------------------------------------------- 14
O4 Processes and management ------------------------------------------------------------------------------------------------------- 14
O5 Waste management ------------------------------------------------------------------------------------------------------------------ 15
O6 Other operating conditions ---------------------------------------------------------------------------------------------------------- 16
5 17
MONITORING AND RECORDING CONDITIONS --------------------------------------------------------------------------------------------
M1 Monitoring records -------------------------------------------------------------------------------------------------------------------- 17
M2 Requirement to monitor concentration of pollutants discharged --------------------------------------------------------- 17
M3 Testing methods - concentration limits ------------------------------------------------------------------------------------------ 19
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M4 Environmental monitoring ----------------------------------------------------------------------------------------------------------- 19
M5 Recording of pollution complaints ------------------------------------------------------------------------------------------------ 19
M6 Telephone complaints line ---------------------------------------------------------------------------------------------------------- 19
M7 Other monitoring and recording conditions ------------------------------------------------------------------------------------- 20
M8 Noise monitoring ---------------------------------------------------------------------------------------------------------------------- 21
6 22
REPORTING CONDITIONS ------------------------------------------------------------------------------------------------------------------------
R1 Annual return documents ------------------------------------------------------------------------------------------------------------ 22
R2 Notification of environmental harm ----------------------------------------------------------------------------------------------- 23
R3 Written report --------------------------------------------------------------------------------------------------------------------------- 23
R4 Other notifications --------------------------------------------------------------------------------------------------------------------- 23
7 26
GENERAL CONDITIONS ---------------------------------------------------------------------------------------------------------------------------
G1 Copy of licence kept at the premises or plant --------------------------------------------------------------------------------- 26
DICTIONARY 27
----------------------------------------------------------------------------------------------------------------------------------------------
General Dictionary ----------------------------------------------------------------------------------------------------------------------------- 27
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Environment Protection Licence
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Information about this licence
Dictionary
A definition of terms used in the licence can be found in the dictionary at the end of this licence.
Responsibilities of licensee
Separate to the requirements of this licence, general obligations of licensees are set out in the Protection of
the Environment Operations Act 1997 (“the Act”) and the Regulations made under the Act. These include
obligations to:
ensure persons associated with you comply with this licence, as set out in section 64 of the Act;
control the pollution of waters and the pollution of air (see for example sections 120 - 132 of the Act);
report incidents causing or threatening material environmental harm to the environment, as set out in
Part 5.7 of the Act.
Variation of licence conditions
The licence holder can apply to vary the conditions of this licence. An application form for this purpose is
available from the EPA.
The EPA may also vary the conditions of the licence at any time by written notice without an application
being made.
Where a licence has been granted in relation to development which was assessed under the Environmental
Planning and Assessment Act 1979 in accordance with the procedures applying to integrated development,
the EPA may not impose conditions which are inconsistent with the development consent conditions until
the licence is first reviewed under Part 3.6 of the Act.
Duration of licence
This licence will remain in force until the licence is surrendered by the licence holder or until it is suspended
or revoked by the EPA or the Minister. A licence may only be surrendered with the written approval of the
EPA.
Licence review
The Act requires that the EPA review your licence at least every 5 years after the issue of the licence, as set
out in Part 3.6 and Schedule 5 of the Act. You will receive advance notice of the licence review.
Fees and annual return to be sent to the EPA
For each licence fee period you must pay:
an administrative fee; and
a load-based fee (if applicable).
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The EPA publication “A Guide to Licensing” contains information about how to calculate your licence fees.
The licence requires that an Annual Return, comprising a Statement of Compliance and a summary of
any monitoring required by the licence (including the recording of complaints), be submitted to the EPA.
The Annual Return must be submitted within 60 days after the end of each reporting period. See condition
R1 regarding the Annual Return reporting requirements.
Usually the licence fee period is the same as the reporting period.
Transfer of licence
The licence holder can apply to transfer the licence to another person. An application form for this purpose
is available from the EPA.
Public register and access to monitoring data
Part 9.5 of the Act requires the EPA to keep a public register of details and decisions of the EPA in relation
to, for example:
licence applications;
licence conditions and variations;
statements of compliance;
load based licensing information; and
load reduction agreements.
Under s320 of the Act application can be made to the EPA for access to monitoring data which has been
submitted to the EPA by licensees.
This licence is issued to:
JEMENA LIMITED
14/99 WALKER ST
NORTH SYDNEY NSW 2060
subject to the conditions which follow.
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1 Administrative Conditions
A1 What the licence authorises and regulates
A1.1 This licence authorises the carrying out of the scheduled development work listed below at the premises
listed in A2.
There are three stages to the scheduled development works of which the following stages are authorised
by this licence:
1) Installation of the bubble curtain as environmental control at the Staging Site wharf; 2) Installation of silt
curtains within Kendall Bay; 3) Installation of mooring piles and sheet piles within Kendall Bay.
A1.2 This licence regulates water pollution resulting from the activity/ies specified below carried out at the
premises specified in A2.
Fee Based Activity Scale
Chemical storage waste generation > 100.00 T annual volume of waste
generated or stored
Other activities Any Annual capacity
A1.3 This licence authorises the carrying out of the scheduled activities listed below at the premises specified
in A2. The activities are listed according to their scheduled activity classification, fee-based activity
classification and the scale of the operation.
Unless otherwise further restricted by a condition of this licence, the scale at which the activity is carried
out must not exceed the maximum scale specified in this condition.
Scheduled Activity Fee Based Activity Scale
Chemical storage Chemical storage waste generation > 100 T annual volume
of waste generated or
stored
N/A Other activities Any Annual capacity
A1.4 For the purpose of this licence 'other activities' are limited to remediation of contaminated sediments as
approved in development consent SSD 6701 dated 31 May 2019.
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A2 Premises or plant to which this licence applies
A2.1 The licence applies to the following premises:
Premises Details
KENDALL BAY AND STAGING SITE AT 140 TENNYSON ROAD, MORTLAKE
140 TENNYSON ROAD
MORTLAKE
NSW 2137
THE STAGING SITE FOR THE WORKS IS LOCATED AT 140 TENNYSON
ROAD, MORTLAKE. THE REMEDIATION WORKS WITHIN KENDALL BAY
ARE DEFINED AND DETAILED IN CONDITIONS A2.2 AND A2.3.
A2.2 The premises location is shown on the map below.
Note: 1. A full scale, full size electronic version of the map above is located at EPA Reference: DOC19/858790.
The remediation areas depicted in the map are defined in condition A2.3.
Note: 2. From time to time, works and activities authorised by this licence will occur outside the remediation
areas defined within condition A2.2 and A2.3. Such works and activities may include the movement and
positioning of marine based work barges; the installation and maintenance of environmental controls
within the Kendall Bay and other activities necessary to execute the licensed works.
A2.3 There are two remediation areas within the Kendall Bay, the southern remediation area and the northern
remediation area. These areas are depicted in condition A2.2 . Remediation includes both in-situ
solidification and ex-situ remediation methods as detailed in the table below.
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Area Description In-situ Solidification (ISS) Ex-situ (Excavation)
SA1 Sediments in the Stabilisation of sediments Excavation of the top of
south-western corner of the through mixing cement and the cement stabilised raft.
bay other additives into seabed Excavation to remove
sediments. This includes obstructions within the
installation of sheet piles, bed of the Kendall Bay to
ISS raft and placement of permit marine based
capping materials. barge access.
SA2 The south-western foreshore Excavating and removing
stained surface sediments
and rubbish to a target
depth of 0.3 m below LAT.
SA3 The mangroves and Excavating and removing
stormwater delta surficial coke, coal and
rubbish material (by hand
operated equipment in
sensitive mangrove
areas) to a depth of 0.2
m.
SA4 The beach Excavating and removing
stained surface sediments
and rubbish to a depth of
0.2 m using small earth
moving equipment.
SA5 The beach Excavating and removing
coke, coal and debris on
the surface and to a depth
of 0.3 m.
NA1 The eastern foreshore Excavating and removing
stained surface sediments
and rubbish to a target
depth of 0.3 m below LAT.
NA2 & NA3 Sediments located in deeper Stabilisation of sediments Excavation of the top of
water to the east of the through mixing cement and the cement stabilised raft.
foreshore other additives into seabed Excavation to remove
sediments. This includes obstructions within the
installation of sheet piles, bed of the Kendall Bay to
ISS raft and placement of permit marine based
capping materials. barge access.
Note: As applicable to SA2 and NA1, excavating and removing stained surface sediment to the appropriate
target depth may be impacted by unforeseen geotechnical restrictions and/or other limitations necessary
to protect the seawall.
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A3 Other activities
A3.1 This licence applies to all other activities carried on at the premises, including:
Ancillary Activity
Contaminated Soil Treatment
Remediation of contaminated sediments in the two areas of Kendall Bay as shown in condition A2.2
and described in condition A2.3
A4 Information supplied to the EPA
A4.1 Works and activities must be carried out in accordance with the proposal contained in the licence
application, except as expressly provided by a condition of this licence.
In this condition the reference to "the licence application" includes a reference to:
a) the applications for any licences (including former pollution control approvals) which this licence
replaces under the Protection of the Environment Operations (Savings and Transitional) Regulation 1998;
and
b) the licence information form provided by the licensee to the EPA to assist the EPA in connection with
the issuing of this licence.
Note: The sediments of the bed of Kendall Bay and Parramatta River are subject to Remediation Order 23022
and Declaration of Remediation Site 21055, dated 22 June 2007 which can be viewed on the public
register at: https://apps.epa.nsw.gov.au/prclmapp/searchregister.aspx.
A4.2 The licensee must comply with the conditions as specified in this licence or where no specific conditions
are outlined in this licence, the licensee must comply with the requirements of the voluntary management
proposal approved by the NSW EPA on 1 August 2017.
A5 Other administrative conditions
A5.1 List of Terms and Acronyms specific to the Licence.
Term Definition
BG Level The higher of the two background water quality monitoring point results defined as EPL 1
and EPL 2
BTEX Benzene, Toluene, Ethylbenzene and Xylene
ISS In situ Stabilisation
LAT Lowest Astronomical Tide
NTU Nephelometric Turbidity Units
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PAH Polycyclic Aromatic Hydrocarbons
Remediation Area Means the northern and southern remediation area defined in condition A2.3
SIA Specific Immobilisation Approval issued by the EPA in accordance with Part 10 of the
Protection of the Environment Operations (Waste)Regulation 2014.
Staging Site as defined in condition A2.1
TARP Trigger Action Response Plan and forms part of the requirements of Condition M 7.1 Air
Quality Monitoring
TSS Total Suspended Solids
VOC Volatile Organic Compounds
2 Discharges to Air and Water and Applications to
Land
P1 Location of monitoring/discharge points and areas
P1.1 The following points referred to in the table below are identified in this licence for the purposes of
monitoring and/or the setting of limits for the emission of pollutants to the air from the point.
Air
EPA identi- Type of Monitoring Type of Discharge Location Description
fication no. Point Point
8 Ambient Air Quality Mobile monitoring point – downwind of the
Monitoring active remediation site and located on the
premises boundary
Note: The monitoring point defined in the table above is also referred to throughout the licence as EPL Point 8.
P1.2 The following points referred to in the table are identified in this licence for the purposes of the monitoring
and/or the setting of limits for discharges of pollutants to water from the point.
Water and land
EPA Identi- Type of Monitoring Point Type of Discharge Point Location Description
fication no.
1 Background Water Quality Reference site – Monitoring Buoy 1
Monitoring Environmental Monitoring Location
Data Sheet (EPA Ref.
DOC19/859473)
2 Background Water Quality Reference site – Monitoring Buoy 2
Monitoring Environmental Monitoring Location
Data Sheet (EPA Ref.
DOC19/859473)
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3 Discharge to waters - Discharge to waters - Project site near field 1
water quality monitoring water quality monitoring (northern remediation area) -
Monitoring Buoy 3 Environmental
Monitoring Location Data Sheet
(EPA Ref. DOC19/859473)
4 Discharge to waters - Discharge to waters - Project site near field 2 (southern
water quality monitoring water quality monitoring remediation area) - Monitoring
Buoy 4 Environmental Monitoring
Location Data Sheet (EPA Ref.
DOC19/859473)
5 Discharge to waters - Discharge to waters - Project Staging Area - stormwater
water quality monitoring water quality monitoring discharge - Annex E (EPA Ref.
DOC19/859539)
6 Discharge to waters - near Discharge to waters - near Mobile monitoring site – Mobile
field water quality field water quality monitoring point less than 5 metres
monitoring monitoring outside the silt curtain, adjacent to
northern remediation area (NA2&3)
at a depth of approximately 1m and
downstream of silt curtain based on
the direction of current
7 Discharge to waters - near Discharge to waters - near Mobile monitoring site – Mobile
field water quality field water quality monitoring point less than 5 metres
monitoring monitoring outside the silt curtain, adjacent to
southern remediation area (SA1) at
a depth of approximately 1m and
downstream of silt curtain based on
the direction of current.
Note: The monitoring points defined in the table above are referred to throughout the licence as EPL Points
at the applicable EPA identification number.
3 Limit Conditions
L1 Pollution of waters
L1.1 Except as may be expressly provided in any other condition of this licence, the licensee must comply with
section 120 of the Protection of the Environment Operations Act 1997.
L2 Concentration limits
L2.1 For each monitoring/discharge point or utilisation area specified in the table\s below (by a point number),
the concentration of a pollutant discharged at that point, or applied to that area, must not exceed the
concentration limits specified for that pollutant in the table.
L2.2 Where a pH quality limit is specified in the table, the specified percentage of samples must be within the
specified ranges.
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L2.3 To avoid any doubt, this condition does not authorise the pollution of waters by any pollutant other than
those specified in the table\s.
L2.4 Water and/or Land Concentration Limits
POINT 3,4
Pollutant Units of Measure 50 Percentile 90 Percentile 3DGM 100 percentile
concentration concentration concentration concentration
limit limit limit limit
Total milligrams per litre BG Level + 50
suspended
solids
POINT 5
Pollutant Units of Measure 50 Percentile 90 Percentile 3DGM 100 percentile
concentration concentration concentration concentration
limit limit limit limit
Oil and milligrams per litre 10
Grease
pH pH 6.5 to 8.5
Total milligrams per litre 50
suspended
solids
L2.5 For the purposes of the table above, (BG Level + 50) is defined as the higher of the two Total Suspended
Solids samples obtained at EPL Points 1 & 2 plus 50 mg/L.
L2.6 The concentration limit for total suspended solids, as defined in condition L2.4, at EPL Points 3
and 4 is exceeded if:
a) there have been 3 consecutive 15-minute interval readings above the 100 percentile concentration
limit; and
b) the exceedance is directly related to works or activities being undertaken at the premises.
Note: 1: The monitoring and reporting requirements associated with an exceedance of the concentration limit
are outlined in conditions M7.7 and R4.12.
Note: 2: The concentration limits specified for total suspended solids (TSS) do not apply when
an exceedance can be directly attributed to rainfall run-off or re-suspension of bottom sediments caused
by shipping movements
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L2.7 If the licensee uses Turbidity (NTU) in place of TSS, the licensee must develop a statistical correlation
between NTU and TSS for water quality in order to determine the NTU equivalent of 50 milligrams per litre
TSS. The licensee must develop and implement a method approved by the EPA to enable the ongoing
verification of the relationship between NTU and TSS. In the absence of this correlation the turbidity value
equivalent to 50 milligrams per litre TSS is 50 NTU.
L3 Hours of operation
L3.1 Works or activities may only be undertaken at the premises:
a) Between 7:00 am and 6:00 pm, Mondays to Fridays;
b) Between 8:00 am and 1:00 pm Saturdays; and
c) At no time on Sundays or public holidays.
L3.2 Works and activities are permitted to be undertaken outside of the hours specified in Condition L3.1 for:
a) the delivery of equipment and materials as requested by Police or other authorities for safety reasons;
b) emergency work to avoid the loss of lives, damage to property and/or to prevent environmental harm;
c) works that are inaudible at any residential premises.
d) traffic and service adjustments where required by the relevant authority and undertaken in accordance
with the Noise and Vibration Management Plan approved under Condition B39 of the consent (SSD
6701).
L3.3 Any application to extend the hours of operation must include a review of the mitigation measures
proposed in Section 9 of the Air Quality Impact Assessment Kendall Bay Remediation Project, dated June
2018 and submitted for the EPA’s review.
L4 Potentially offensive odour
L4.1 The licensee must not cause or permit the emission of offensive odour beyond the boundary of the
premises.
Note: Section 129 of the Protection of the Environment Operations Act 1997, provides that the licensee must
not cause or permit the emission of any offensive odour from the premises but provides a defence if the
emission is identified in the relevant environment protection licence as a potentially offensive odour and
the odour was emitted in accordance with the conditions of a licence directed at minimising odour.
Note: The Trigger Action Response Plan - Air Quality Management (During Active Remediation) outlines
the measures the licensee intends to implement in response to an escalation of project related air
quality impacts (EPA Ref. DOC19/780202).
L5 Other limit conditions
L5.1 Any excavated, contaminated sediment must be stored in the 10 cubic metre, purpose built, sealed skip
bins.
L5.2 The licensee is not permitted to store more than 150 cubic metres of contaminated sediment at the
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staging site at any one time.
4 Operating Conditions
O1 Activities must be carried out in a competent manner
O1.1 Licensed activities must be carried out in a competent manner.
This includes:
a) the processing, handling, movement and storage of materials and substances used to carry out the
activity; and
b) the treatment, storage, processing, reprocessing, transport and disposal of waste generated by the
activity.
O2 Maintenance of plant and equipment
O2.1 All plant and equipment installed at the premises or used in connection with the licensed activity:
a) must be maintained in a proper and efficient condition; and
b) must be operated in a proper and efficient manner.
O3 Dust
O3.1 All activities on the site must be undertaken with the objective of preventing visible emissions of dust
beyond the boundary of the premises. If visible dust emissions occur at any time, the licensee must
identify and implement all practical dust mitigation measures and cease relevant works, as appropriate,
so that the emission of visible dust ceases.
O3.2 The Licensee must ensure that no sediment is tracked from the premises.
O4 Processes and management
O4.1 Silt and bubble curtains must be installed, operated and maintained around all remediation areas for the
duration of the works authorised by this licence to minimise the pollution of waters beyond the boundary
of the remediation areas as described in conditions A2.2 and A2.3.
O4.2 Silt and bubble curtains must be installed and maintained to ensure that there are no gaps at the ends, in
the fabric, or in the floating boom.
O4.3 Vessels used for the transport of spoil from the remediation dredge site to the staging area must not leak
or release spoil into waters.
O4.4 The licensee must ensure that an appropriate pollution control response kit is stored on any vessel
undertaking remediation and associated activities to respond to any spill that results in or threatens
environmental harm.
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O4.5 The licensee must implement all feasible and reasonable mitigation and management measures for the
duration of the remediation to minimise the dispersion of dissolved and sediment-bound toxicants and
suspended sediment concentrations outside silt curtains.
O4.6 All cementing and dredging remediation activities within remediation areas [SA1 & NA2&3] must be
undertaken within sheet piled walls, or other primary barrier wall acceptable to the EPA.
A coffer dam wall surrounding SA1 and (NA2 and NA3) is a primary barrier wall that is acceptable to the
EPA if:
a. the coffer dam wall is constructed in accordance with the engineering drawing prepared by JK
Geotechnics: NA 2 & 3 Typical Sections at Coffer Dam/Seawall Interface, (Ref.
050055-SA1-COFF-STRUCT-001, Rev C);
b. coffer dam walls will form the primary barrier wall between the existing seawall toe and 5 metres into
Kendall Bay;
c. sheet piles will form the primary barrier wall 5 metres beyond the existing seawall toe where practical;
d. construction and removal of the coffer dam wall occurs within the silt curtain system;
e. licensee develops and maintains clear procedures to respond to any failure or accidental damage to
the coffer dam structure to limit potential impacts of contained pollutants and materials.
Note: Remediation areas [SA1 & NA2&3] are described in condition A2.3 and depicted in condition A2.2 (EPA
Ref. DOC19/858790).
O4.7 All bubble curtains used in conjunction with silt curtains or sheet pile walls must be operational while there
are openings in the silt curtains or sheet pile walls.
O4.8 The silt curtain and oil boom must be designed, installed and maintained around the primary containment
barrier and must be retained while any works associated with the ISS remediation works approved by this
licence take place.
O4.9 Silt and bubble curtains must be designed, installed and maintained to prevent the release of a visible
plume of sediment beyond the silt curtain.
O4.10 The remediation works approved by this licence must be undertaken in a manner that does not lead to or
cause an exceedance of the concentration limit defined in condition L2.4 outside the silt curtain
containment barrier at EPL Points 3 and 4.
O4.11 For the purposes of monitoring turbidity during remediation works within Kendall Bay, at least one
representative background/reference monitoring points defined in condition P1.3 must be established
prior to the commencement of works.
O5 Waste management
O5.1 The licensee must not cause, permit or allow any waste generated:
a) outside the premises to be received at the premises unless the licensee can demonstrate that the
waste can meet the classification requirements for Virgin Excavated Natural Material or complies with the
requirements of a resource recovery order and resource recovery exemption;
b) on-site to be disposed of outside of the premises except as permitted by c) and d) below;
c) the licensee must assess, classify and manage any waste generated at the premises in accordance
with the Waste Classification Guidelines 2014 prior to transporting the waste off site;
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d) if waste is transported from the premises, the licensee must ensure that the waste is transported by a
waste transporter authorised to transport such waste and is transported to a place that can lawfully accept
that waste.
O6 Other operating conditions
Air Quality Control
O6.1 Excavated, contaminated sediment must be loaded into skip bins and sealed immediately once filled.
O6.2 Sealed skip bins containing contaminated material must be stored within secondary containment areas.
O6.3 Contaminated sediment must be transported via road or barge within sealed skip bins for off-site disposal
in accordance with condition O5.1.
Noise Management
O6.4 The licensee must implement all feasible and reasonable noise and vibration abatement measures at the
premises to minimise noise and vibration impacts on noise sensitive receivers.
O6.5 The licensee may apply to the EPA to undertake works outside of the standard construction hours
specified in condition L3.1 if agreement between the licensee and a substantial majority of noise sensitive
receivers has been reached.
Note: The licensee must both identify who the noise sensitive receivers are and describe how agreement was
reached with the substantial majority.
O6.6 The licensee must investigate noise and vibration complaints:
(i) within 24 hours of the complaint being made; or
(ii) in accordance with any documented complaint management agreement between the licensee and the
complainant.
O6.7 The licensee must notify affected noise sensitive receivers of works approved outside of standard
construction hours not less than 5 days and not more than 14 days before those works are to be
undertaken.
Note: Noise sensitive receivers are defined in section 4.2 Environmental Noise Impact Assessment - Kendall
Bay Remediation Project EIS, Rev C, dated 23 May 2018. The licensee will notify the public in
accordance with the Community Consultation and Complaints Handling protocol approved by under
condition C2 of the consent (SSD 6701).
Acid Sulfate Soils
O6.8 All sediment that has been identified as actual or potential acid sulphate soils must be disposed of to a
place that can lawfully accept that waste by a waste transporter authorised to transport such waste.
O6.9 The licensee must apply to the EPA for prior approval before treating any potential acid sulphate soils or
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actual acid sulphate soils on site. The proposed treatment must be completed in accordance with the
ASSMAC (1998) Acid Sulfate Soil Manual (ASS Manual).
O6.10 Potential acid sulphate soils must be kept wet at all times during excavation and subsequent handling,
transport and storage until it can be disposed of safely.
O6.11 Any potential acid sulphate soils must be received at the proposed disposal point within 72 hours of being
excavated.
5 Monitoring and Recording Conditions
M1 Monitoring records
M1.1 The results of any monitoring required to be conducted by this licence or a load calculation protocol must
be recorded and retained as set out in this condition.
M1.2 All records required to be kept by this licence must be:
a) in a legible form, or in a form that can readily be reduced to a legible form;
b) kept for at least 4 years after the monitoring or event to which they relate took place; and
c) produced in a legible form to any authorised officer of the EPA who asks to see them.
M1.3 The following records must be kept in respect of any samples required to be collected for the purposes of
this licence:
a) the date(s) on which the sample was taken;
b) the time(s) at which the sample was collected;
c) the point at which the sample was taken; and
d) the name of the person who collected the sample.
M2 Requirement to monitor concentration of pollutants discharged
M2.1 For each monitoring/discharge point or utilisation area specified below (by a point number), the licensee
must monitor (by sampling and obtaining results by analysis) the concentration of each pollutant specified
in Column 1. The licensee must use the sampling method, units of measure, and sample at the
frequency, specified opposite in the other columns:
M2.2 Water and/ or Land Monitoring Requirements
POINT 1,2,3,4
Pollutant Units of measure Frequency Sampling Method
Total suspended milligrams per litre Continuous Special Method 1
solids
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POINT 5
Pollutant Units of measure Frequency Sampling Method
Oil and Grease micrograms per litre Special Frequency 2 Grab sample
pH pH Special Frequency 2 Grab sample
Total suspended milligrams per litre Special Frequency 2 Grab sample
solids
POINT 6,7
Pollutant Units of measure Frequency Sampling Method
Arsenic (dissolved) micrograms per litre Special Frequency 1 Grab sample
BTEX micrograms per litre Special Frequency 1 Grab sample
Cadmium micrograms per litre Special Frequency 1 Grab sample
(dissolved)
Chromium micrograms per litre Special Frequency 1 Grab sample
(dissolved)
Copper (dissolved) micrograms per litre Special Frequency 1 Grab sample
Cyanide (total) micrograms per litre Special Frequency 1 Grab sample
Lead (dissolved) micrograms per litre Special Frequency 1 Grab sample
Mercury (dissolved) micrograms per litre Special Frequency 1 Grab sample
Nickel (dissolved) micrograms per litre Special Frequency 1 Grab sample
pH pH Special Frequency 1 Grab sample
Polycyclic aromatic micrograms per litre Special Frequency 1 Grab sample
hydrocarbons
Total suspended milligrams per litre Special Frequency 1 Grab sample
solids
TRH micrograms per litre Special Frequency 1 Grab sample
Zinc (dissolved) micrograms per litre Special Frequency 1 Grab sample
M2.3 For the purposes of the table above:
Special Method 1 means the use of a stationary water quality monitoring buoy or other fixed marine
structure located between 0.5 to 1.0m below the water line that will monitor, record and transmit water
quality data at 15 minute intervals.
Special Frequency 1 means during ISS activities where a grab sample must be collected:
weekly for one month after the commencement of ISS remediation.
Special Frequency 2 requires the licensee to obtain a monthly grab sample of stormwater at the staging
site during a rain event.
NOTE: The frequency of monitoring at Point 6 and Point 7 may be reviewed in discussion with the EPA
pending the results of the first month of water sampling.
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M3 Testing methods - concentration limits
M3.1 Subject to any express provision to the contrary in this licence, monitoring for the concentration of a
pollutant discharged to waters or applied to a utilisation area must be done in accordance with the
Approved Methods Publication unless another method has been approved by the EPA in writing before
any tests are conducted.
M4 Environmental monitoring
Rainfall Monitoring
M4.1 Rainfall at the premises or nearby weather station accepted by the EPA must be measured and recorded
in millimetres per 24-hours period, at the same time each day.
M5 Recording of pollution complaints
M5.1 The licensee must keep a legible record of all complaints made to the licensee or any employee or agent
of the licensee in relation to pollution arising from any activity to which this licence applies.
M5.2 The record must include details of the following:
a) the date and time of the complaint;
b) the method by which the complaint was made;
c) any personal details of the complainant which were provided by the complainant or, if no such details
were provided, a note to that effect;
d) the nature of the complaint;
e) the action taken by the licensee in relation to the complaint, including any follow-up contact with the
complainant; and
f) if no action was taken by the licensee, the reasons why no action was taken.
M5.3 The record of a complaint must be kept for at least 4 years after the complaint was made.
M5.4 The record must be produced to any authorised officer of the EPA who asks to see them.
M6 Telephone complaints line
M6.1 The licensee must operate during its operating hours a telephone complaints line for the purpose of
receiving any complaints from members of the public in relation to activities conducted at the premises or
by the vehicle or mobile plant, unless otherwise specified in the licence.
M6.2 The licensee must notify the public of the complaints line telephone number and the fact that it is a
complaints line so that the impacted community knows how to make a complaint.
M6.3 The licensee must erect and maintain a sign in a publicly accessible, visible location on the footpath
surrounding the Kendall Bay that displays the complaints line telephone number also described in
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condition M6.1.
M6.4 The preceding two conditions do not apply until 2 weeks after the date of the issue of this licence.
M7 Other monitoring and recording conditions
Air Quality Monitoring
M7.1 The licensee must carry out the actions and responses described in the TARP - Air Quality Management
(During Active Remediation) (EPA Ref DOC19/780202).
Note: 1: The TARP - Air Quality Management (During Active Remediation) forms part of the Air and Water
Quality Trigger Action Response Plan Ventia Ref US-050055-ENV-GL-013 Version 2.
Note: 2: TARP is an acronym for Trigger Action Response Plan and is detailed in Note 1 above.
M7.2 Data from the ambient air monitoring point located at EPL Point 8, defined in condition P1.1, must be
recorded at least once daily during the ISS remediation works.
M7.3 If any of the Level 2 air quality triggers in the TARP are reached, then the licensee must:
i. immediately commence an investigation into possible causes of the elevated ambient VOC or odour
levels;
ii. implement any other additional actions specified in the Odour and Air Quality Management Guideline to
mitigate and minimize any impacts to air quality; and
iii. notify the EPA by email at metro.regulation@epa.nsw.gov.au and info@epa.nsw.gov.au within 4
business hours
M7.4 If any of the Level 3 air quality triggers in the TARP are reached, then the licensee must:
i. immediately cease any activity that may be generating emissions and take action to mitigate any likely
emission sources;
ii. immediately commence an investigation into possible causes of the elevated ambient VOC and odour
levels;
iii. implement any other additional actions specified in the Odour and Air Quality Management Guideline
relevant to the situation;
iv. report the event immediately to the EPA by telephoning 131 555;
v. notify the EPA of the intention to re-commence remediation works and the proposed timing.
Note: Once Condition M7.4 is triggered, the licensee must submit an Ambient Air Quality Monitoring report to
the EPA by 4pm the following working day and daily thereafter, unless otherwise agreed in writing by the
EPA, as detailed in Reporting Condition R4.6.
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M7.5 If the licensee is required to cease any activity under condition M7.4, the licensee may only recommence
that activity with the written approval of the EPA.
Water Quality Monitoring
M7.6 The licensee must carry out the actions and responses described in the TARP - Water Quality
Management (During Active Remediation) (EPA Ref DOC19/780202).
Note: 1: The Water Quality Management (During Active Remediation) forms part of the Air and Water Quality
Trigger Action Response Plan, Ventia Ref US-050055-ENV-GL-013 Version 2.
Note: 2: TARP is an acronym for Trigger Action Response Plan and is detailed in Note 1 above.
M7.7 In the event that TSS levels at EPL Point 3 and Point 4, as defined in condition P1.3, exceed the
concentration limits specified in condition L2.4 on three consecutive occasions in any 24 hour period, then
the licensee must:
i. immediately commence an investigation into possible causes of the elevated TSS levels;
ii. implement the Level 2 actions specified in the TARP to mitigate and minimize any impacts to water
quality; and
iii. notify the EPA by email at metro.regulation@epa.nsw.gov.au and info@epa.nsw.gov.au within 4
business hours.
M7.8 In the event that TSS levels at EPL Points 3 and 4 exceed the concentration limits specified in condition
L2.4 for more than 4 hours in any 24 hour period, then the licensee must:
i. immediately cease any activity that identified to be a source of the exceedance;
iii. implement any other additional actions specified in the TARP relevant to the situation;
iv. report the event immediately to the EPA by telephoning 131 555;
v. notify the EPA of the intention to re-commence full production remediation works and the proposed
timing.
M7.9 If the licensee is required to cease any activity under condition M7.8, the licensee may only recommence
that activity with the written approval of the EPA.
M8 Noise monitoring
M8.1 The licensee must undertake noise monitoring in accordance with the Remediation Works Environmental
Management Plan as approved by the Planning Secretary. Any monitoring undertaken must be recorded
and reported. The reporting requirements are detailed in condition R4.15.
Note: The Planning Secretary is defined as the Planning Secretary, or their nominee as delegated under the
Environmental Planning and Assessment Act 1979.
6 Reporting Conditions
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R1 Annual return documents
R1.1 The licensee must complete and supply to the EPA an Annual Return in the approved form comprising:
1. a Statement of Compliance,
2. a Monitoring and Complaints Summary,
3. a Statement of Compliance - Licence Conditions,
4. a Statement of Compliance - Load based Fee,
5. a Statement of Compliance - Requirement to Prepare Pollution Incident Response Management Plan,
6. a Statement of Compliance - Requirement to Publish Pollution Monitoring Data; and
7. a Statement of Compliance - Environmental Management Systems and Practices.
At the end of each reporting period, the EPA will provide to the licensee a copy of the form that must be
completed and returned to the EPA.
R1.2 An Annual Return must be prepared in respect of each reporting period, except as provided below.
Note: The term "reporting period" is defined in the dictionary at the end of this licence. Do not complete the
Annual Return until after the end of the reporting period.
R1.3 Where this licence is transferred from the licensee to a new licensee:
a) the transferring licensee must prepare an Annual Return for the period commencing on the first day of
the reporting period and ending on the date the application for the transfer of the licence to the new
licensee is granted; and
b) the new licensee must prepare an Annual Return for the period commencing on the date the
application for the transfer of the licence is granted and ending on the last day of the reporting period.
Note: An application to transfer a licence must be made in the approved form for this purpose.
R1.4 Where this licence is surrendered by the licensee or revoked by the EPA or Minister, the licensee must
prepare an Annual Return in respect of the period commencing on the first day of the reporting period and
ending on:
a) in relation to the surrender of a licence - the date when notice in writing of approval of the surrender is
given; or
b) in relation to the revocation of the licence - the date from which notice revoking the licence operates.
R1.5 The Annual Return for the reporting period must be supplied to the EPA via eConnect EPA or by
registered post not later than 60 days after the end of each reporting period or in the case of a
transferring licence not later than 60 days after the date the transfer was granted (the 'due date').
R1.6 The licensee must retain a copy of the Annual Return supplied to the EPA for a period of at least 4 years
after the Annual Return was due to be supplied to the EPA.
R1.7 Within the Annual Return, the Statements of Compliance must be certified and the Monitoring and
Complaints Summary must be signed by:
a) the licence holder; or
b) by a person approved in writing by the EPA to sign on behalf of the licence holder.
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R2 Notification of environmental harm
R2.1 Notifications must be made by telephoning the Environment Line service on 131 555.
Note: The licensee or its employees must notify all relevant authorities of incidents causing or threatening
material harm to the environment immediately after the person becomes aware of the incident in
accordance with the requirements of Part 5.7 of the Act.
R2.2 The licensee must provide written details of the notification to the EPA within 7 days of the date on which
the incident occurred.
R3 Written report
R3.1 Where an authorised officer of the EPA suspects on reasonable grounds that:
a) where this licence applies to premises, an event has occurred at the premises; or
b) where this licence applies to vehicles or mobile plant, an event has occurred in connection with the
carrying out of the activities authorised by this licence,
and the event has caused, is causing or is likely to cause material harm to the environment (whether the
harm occurs on or off premises to which the licence applies), the authorised officer may request a written
report of the event.
R3.2 The licensee must make all reasonable inquiries in relation to the event and supply the report to the EPA
within such time as may be specified in the request.
R3.3 The request may require a report which includes any or all of the following information:
a) the cause, time and duration of the event;
b) the type, volume and concentration of every pollutant discharged as a result of the event;
c) the name, address and business hours telephone number of employees or agents of the licensee, or a
specified class of them, who witnessed the event;
d) the name, address and business hours telephone number of every other person (of whom the licensee
is aware) who witnessed the event, unless the licensee has been unable to obtain that information after
making reasonable effort;
e) action taken by the licensee in relation to the event, including any follow-up contact with any
complainants;
f) details of any measure taken or proposed to be taken to prevent or mitigate against a recurrence of
such an event; and
g) any other relevant matters.
R3.4 The EPA may make a written request for further details in relation to any of the above matters if it is not
satisfied with the report provided by the licensee. The licensee must provide such further details to the
EPA within the time specified in the request.
R4 Other notifications
Complaint Reporting
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