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2021 February formal enforcements

Penalty Notices issued to Richard Crookes Constructions Pty Ltd

(SSD-9670 as modified) City of Sydney LGA

On 9 February 2021, the Department issued three (3) $15,000 Penalty Notices to Richard Crookes Constructions Pty Ltd (RCC) for failure to comply with the approved construction hours at the Western Sydney University Innovation Hub development. RCC failed to comply with the approved construction hours by permitting works to occur beyond 6pm (construction hours are 7am-6pm) on 26 November 2020, and again on 3 and 5 December 2020. RCC has since taken corrective actions to minimise risk of reoccurrence and ensure compliance with conditions of the consent.

Penalty Notice issued to CPB Contractors Pty Ltd

(SSI-7485 as modified) City of Canada Bay LGA

On 3 February 2021, the Department issued a $15,000 Penalty Notice to CPB Contractors Pty Ltd (CPB) as a partner in the John Holland and CPB Contractors Pty Ltd joint venture (JHCPB), for failing to implement acoustic treatments for eligible receivers under the Noise Insulation Program (NIP) within the required time frames at the WestConnex M4-M5 Link Rozelle Interchange development. JHCPB have committed additional resourcing to ensure the NIP is implemented as required. The Department will continue to monitor compliance with conditions of approval.

Penalty Notice issued to Big Island Mining Pty Ltd

(MP10_0054 as modified) Queanbeyan-Palerang Regional Council LGA

On 16 February 2021, the Department issued a $15,000 Penalty Notice to Big Island Mining Pty Ltd (BIM) for failure to carry out the Dargues Gold Mine project generally in accordance with the Environmental Assessment and the conditions of consent.  During June and July 2020, BIM carted water for operational purposes to the Dargues Gold Mine project which was inconsistent with the approval and the Environment Assessment. BIM have now implemented measures, including the construction of Harvestable Rights Dams, to ensure they have adequate water supply on site for the project.

Official Cautions issued to John Holland and CPB Contractors Pty Ltd

(SSI-7485 as modified) City of Canada Bay LGA

On 3 February 2021, the Department issued (2) Official Cautions to John Holland and CPB Contractors Pty Limited (JHCPB) for failure to submit a report to the Planning Secretary justifying why operational noise mitigation measures identified in the Operational Noise and Vibration Review (ONVR) were not implemented within the required time frame, and detailing the temporary measures that would be implemented until such time as the operational noise mitigation measures identified in the ONVR are implemented. The justification report has since been submitted to the Department.

Official Caution issued to Richard Crookes Constructions Pty Ltd

(SSD-9670 as modified) City of Sydney LGA

On 9 February 2021, the Department issued an Official Caution to Richard Crookes Constructions Pty Ltd (RCC) for failure to notify the Planning Secretary of non-compliances with the approved hours of work in November and December 2020 at the Western Sydney University Innovation Hub development. RCC failed to notify the Planning Secretary of non-compliances with the approved hours work on 5, 6 and 26 November 2020 and 3 December 2020. RCC has since taken corrective actions to minimise risk of reoccurrence and ensure compliance with conditions of the consent.

Fire Safety Order issued to the Owners of Strata Plan 86157 for the building known as 16-20 Shoreline Drive, Rhodes

(MP10_0105) Canada Bay LGA

On 1 February 2021, the Department issued a Fire Safety Order to the owners Strata Plan 86157 for the building known as 16-20 Shoreline Drive, Rhodes, to remove identified external wall panels on the building consisting of Trespa panels. Trespa is combustible and poses a fire safety risk. The owner is required to replace the Trespa with a non – combustible product and provide an inspection report issued by an accredited certifier, certifying that the replacement panels and method of installation comply with the Building Code of Australia. The owner is required to develop and implement fire safety measures to reduce the fire safety risks associated with the cladding until the rectification work is complete.

Development Control Order issued to Hanson Construction Materials Pty Ltd

(MP08_0143 as modified) Shellharbour City LGA

On 4 February 2021, the Department issued a Development Control Order to Hanson Construction Materials Pty Ltd requiring them to reduce the height of emplaced fill material in the southern area of the Bass Point Quarry to be consistent with its environmental assessment.  The Department had previously issued Hanson Construction Materials Pty Ltd with a $15,000 Penalty Notice (November 2020) for allowing the fill material to be emplaced in the southern area of its Bass Point Quarry, without the relevant approval.