Skip to main content

2023 October formal enforcements

Official Caution issued to Centennial Airly

(SSD-5581) Lithgow City LGA

On 4 October 2023, NSW Planning issued an Official Caution to Centennial Airly Pty Ltd, for carrying out First Working roadways at the Airly Coal Extension Project within the Cliff Line Zone, prior to preparing an approved Extraction Plan for the area. There were no known impacts as a result of the breach and the Extraction Plan has since been submitted for assessment. NSW Planning will continue to monitor compliance with conditions of consent.

Penalty Notice issued to Murrumbidgee Irrigation Limited

(DA101-4-2004-I) Griffith City LGA

On 10 October 2023, NSW Planning issued a $15,000 Penalty Notice to Murrumbidgee Irrigation Limited (MI) for failing to submit a number of Annual Management Environmental Reports for the Barren Swamp project. Annual reporting is important to ensure that any impacts of development are identified and mitigated. The reports have now been provided to NSW Planning.

Official Caution issued to Enviroking Pty Ltd

(MP07_0048) Cessnock City LGA

On 12 October 2023, NSW Planning issued an Official Caution to Enviroking Pty Ltd (Enviroking), for processing 21,582.26 tonnes at their Cessnock Liquid Waste Facility during 2022, in breach of the 20,000 tonnes per annum liquid waste limit within the development consent. Enviroking have made operational changes and improved systems to ensure ongoing compliance with the consent. NSW Planning will continue to monitor the development.

Enforceable Undertaking – Mr David Towers

(MP07_0094) Port Stephens LGA

On 11 October 2023, NSW Planning accepted an Enforceable Undertaking from Mr David Towers, Salt Ash NSW, for a number of breaches of the development consent (MP 07_0094) including vegetation clearing and sand extraction from his premises which was not in accordance with the development consent. Mr Towers has undertaken to pay $130,000 to the NSW Biodiversity Conservation Division - Saving Our Species programs, for biodiversity enhancement and protection projects in the Port Stephens and Hunter region. Mr Towers is also required to pay $20,000 to Landcare NSW to enhance koala habitat in the Port Stephens region. Additionally, NSW Planning issued a Development Control Order to Mr Towers requiring rehabilitation of land and vegetation disturbed by the unauthorised activity. Details can be found at Signed enforceable undertaking for Mr David Owen Towers (Mr Towers) (PDF, 578 KB).

Development Control Order issued to Mr David Towers

(MP07_0094) Port Stephens LGA

On 13 October 2023, NSW Planning issued a Development Control Order directing Mr David Towers to remediate and rehabilitate the vegetation that was disturbed as part of unauthorised sand extraction activities at Salt Ash Quarry, the disturbance included areas known to have Endangered Ecological Communities. The DCO is in addition to the Enforceable Undertaking accepted by NSW Planning in relation to this matter. Details can be found at Signed enforceable undertaking for Mr David Owen Towers (Mr Towers) (PDF, 578 KB).