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2022 February formal enforcements

Penalty Notice issued to Ovato Limited

(MP08_0088) Liverpool City LGA

On 10 February 2022, the Department issued a $15,000 Penalty Notice to Ovato Limited for failure to commission an Independent Environmental Audit (IEA) of the Warwick Farm Printing Facility as required by the conditions of consent. Independent Audits are an independent and objective assessment of the environmental performance and compliance status of a project and are a vital tool in the Department’s risk-based regulation approach. Ovato Limited has since submitted the required IEA.

Penalty Notice issued to Ovato Limited

(MP08_0088) Liverpool City LGA

On 10 February 2022, the Department issued a $15,000 Penalty Notice to Ovato Limited for failure to operate within the limits of MP08_0088 as modified (the approval) by operating seven Heat Set Web Offset (HSWO) printers on site, when the approval permitted only six. No environmental assessment was made for the seventh printer, or its potential to add to the cumulative impact of the site. The project has been directed to cease use of the seventh printer. A Modification application has been submitted for the use of the seventh printer, and the Department will continue to monitor and liaise with the project pending the determination.

Official Caution issued to Ovato Limited

(MP08_0088) Liverpool City LGA

On 10 February 2022, the Department issued an Official Caution to Ovato Limited for failure to prepare and implement an Air Emissions Validation Program and submit to the then Director-General (now Planning Secretary) for approval within three months of commencement of operation of the Warwick Farm Printing Facility as required by the conditions of consent. Preparation and implementation of the Air Emissions Validation Program was required to validate predictions in the Environmental Assessment and compare monitored levels to project emission concentration limit.

Official Caution issued to Ovato Limited

(MP08_0088) Liverpool City LGA

On 10 February 2022, the Department issued an Official Caution to Ovato Limited for failure to prepare and submit to the then Director-General (Secretary) a Noise Compliance Validation Assessment Report within three months of commencement of operation of the Warwick Farm Printing Facility as required by the conditions of consent. The Noise Compliance Validation Assessment Report was required to compare site noise levels against approved limits and propose additional measures should non-compliances with the approved noise limits be detected. Ovato Limited commissioned a noise monitoring study in November 2021 to rectify the breach.

Official Caution issued to Visy Pulp and Paper Pty Ltd

(MP06_0159) Snowy Valleys LGA

On 3 February 2022, the Department issued an Official Caution to Visy Pulp and Paper Pty Ltd (Visy) for failure to carry out the project generally in accordance with the development consent by constructing a storage shed of 1,598 m2, exceeding the approved storage shed design area of 864 m2. Visy has since lodged a modification application to regularise the use of the shed as built.

Fire Safety Order issued to the Charles Perkins Centre at the University of Sydney

(MP09_0051) Sydney LGA

On 4 February 2022, the Department issued a Fire Safety Order to the owners of the Charles Perkins Centre at the University of Sydney, 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.