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2022 August formal enforcements

Penalty Notice issued to Kaymet Corporation Pty Ltd

(MP09_0068) City of Sydney LGA

On 9 August 2022, the department issued a $15,000 Penalty Notice to Kaymet Corporation Pty Limited (Kaymet), for failing to comply with the historical archaeological investigation requirements of MP09_0068, as modified (the consent) and the Revised Research Design and Excavation Methodology (Methodology) approved by the Heritage Council NSW. Kaymet has been working to improve its practices and the department will continue to monitor this matter to ensure the development complies with the conditions of Consent.

Official Caution issued to Tarrawonga Coal Pty Ltd

(MP11_0047) Narrabri Shire LGA

On 19 August 2022, the department issued an Official Caution to Tarrawonga Coal Pty Ltd (TCPL) for failure carry out the project generally in accordance with the Environmental Assessment. On 1 March 2022, a mulching contractor carrying out planned 2022 clearing activities at Tarrawonga Coal Mine was found to have cleared vegetation beyond the approved disturbance boundary and Mining Lease 1693 boundary, and encroached on Coal Lease 368 which is not held by TCPL. The department expects all proponents to adhere to the limits of their development consent which include approved disturbance limits. TCPL have since updated their Biodiversity Management Plan and Land Disturbance Protocols to include more stringent boundary marking protocols.

Penalty Notice issued to Bloomfield Collieries Pty Ltd

(MP05_0136) Cessnock City LGA

On 22 August 2022, the department issued a $15,000 penalty notice to Bloomfield Collieries Pty Ltd, in relation to a discharge of mine water from the Abel Coal Project (the site) on 20 and 22 March 2021 into Four Mile Creek during a rain event. Bloomfield failed to prevent a discharge of any water from the site, as required by its consent and it was not a licenced discharge under EPL 12856. Bloomfield are committed to undertaking maintenance and other works of the water management system to prevent such future discharges.

Official Caution issued to ProTen Pty Ltd

(SSD-6882) Narrandera Shire LGA

On 26 August 2022, the department issued an Official Caution to ProTen Pty Limited for exceeding a maximum allowed population of broilers at any one time at its facility and commencing of broiler population under a minimum of required hours, during the 2021-22 reporting period. The department will continue to monitor compliance with conditions of consent.

Official Caution issued to Veolia Environmental Services (Australia) Pty Ltd

(MP10_0012) Goulburn Mulwaree LGA

On 26 August 2022, the department issued an Official Caution to Veolia Environmental Services (Australia) Pty Ltd (Veolia) for exceeding the 80% capacity and the 0.5m freeboard limits at its storage dams and for diverting stormwater in contravention of its consent. The department has also issued a Development Control Order to Veolia to develop leachate and water management strategies. The department will continue to monitor compliance with conditions of consent.

Official Caution issued to Veolia Environmental Services (Australia) Pty Ltd

(MP10_0012) Goulburn Mulwaree LGA (ENM)

On 26 August 2022, the department issued an Official Caution to Veolia Environmental Services (Australia) Pty Ltd (Veolia) for using material classified as ENM as cover material during the 2019-20 reporting period, without obtaining prior approval, in contravention of the consent. Veolia has undertaken measures to prevent from future incidents. The department will continue to monitor compliance with conditions of consent.

Penalty Notice issued to Perilya Broken Hill Limited

(SSD 7538) Broken Hill City LGA

On 31 August 2022, the department issued a $15,000 penalty notice to Perilya Broken Hill Limited (Perilya), for failing to comply with its development consent by extracting, crushing and transporting in excess of 300,000 tonnes of ore in a calendar year. Perilya has since obtained an approval for increased extraction limit to 400,000 tonnes. The department will continue to monitor compliance with the conditions of consent.

Fire Safety Order issued to 436 Victoria Avenue, Chatswood – Levels 3 and 4 Transport Interchange

(DA 131-5-2005) Willoughby City LGA

On 22 August 2022, the department issued a Fire Safety Order to the owners of 436 Victoria Avenue, Chatswood - Levels 3 & 4 Transport Interchange, to remove identified external wall panels on the building consisting of Aluminium Composite Panels (ACP). ACP is combustible and poses a fire safety risk. The owners are required to replace the ACP 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 owners are required to develop and implement fire safety measures to reduce the fire safety risks associated with the cladding until the rectification work is complete.

Fire Safety Order issued to 2-4 Walker Street Rhodes and 2 Mary Street Rhodes

(DA520-12-2003) Canada Bay LGA

On 11 August 2022, the department issued a Fire Safety Order to the owners of 2-4 Walker Street Rhodes and 2 Mary Street Rhodes, to remove identified external wall panels on the building consisting of Aluminium Composite Panels (ACP). ACP is combustible and poses a fire safety risk. The owners are required to replace the ACP 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 owners are required to develop and implement fire safety measures to reduce the fire safety risks associated with the cladding until the rectification work is complete.