KALEEN CALTEX SERVICE STATION - planning.act.gov.au€¦ · The Kaleen Caltex Service Station EIS exemption application relates to land in the suburb of Kaleen, Australian Capital

KALEEN CALTEX SERVICE STATION

JUNE 2017

APPLICATION FOR EIS EXEMPTION CONSIDERATION

REPORT

This report evaluates the application for an exemption under section 211 of the Planning and

Development Act 2007, from requiring a completed Environmental Impact Statement in the

development application for the Kaleen Caltex Service Station.

Ref no: 201731062

Date lodged: 5 April 2017

Project: Kaleen Caltex Service Station

Street no. and name: 275 Maribyrnong Avenue, Kaleen

Proponent: TFA Project Group

Document no: 1-2017/00456

Date of issue: 29 June 2017

Application for section 211 EIS Exemption Consideration Report


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Table of Contents 1. Introduction ................................................................................................................................2

1.1. Project .................................................................................................................................2

1.2. Background .........................................................................................................................4

2. Environmental impact assessment .............................................................................................5

2.1. Impact track triggers ...........................................................................................................5

2.2. Section 211 Process ............................................................................................................6

2.3. The EIS exemption application............................................................................................7

2.4. EIS exemption decision .......................................................................................................7

2.5. Consultation........................................................................................................................7

3. Impacts on Schedule 4 items ....................................................................................................10

3.1 Schedule 4 Part 4.3 Item 7– proposal involving land on the contaminated sites register .....10

4. Conclusion.................................................................................................................................13

Figures

Figure 1 - Aerial photo of the project location and its immediate surrounds ........................................3

Figure 2 – The section 211 EIS exemption process.................................................................................6

Tables

Table 1 - Legal land description and tenancy .........................................................................................4

Table 2 - EIS triggers per Schedule 4 of the PD Act.................................................................................5

Table 3 - Summary of entity comments..................................................................................................8

Table 4 - Summary of public consultation ..............................................................................................9

Table 5 - Previous studies and investigations .......................................................................................10

Table 6 - Mitigation measures ..............................................................................................................11



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Glossary and definitions

ACT, Territory Australian Capital Territory

DA development application

EIA Environmental impact assessment: the process of identifying, predicting,

evaluating and mitigating the biophysical, social, and other relevant

effects of development proposals before major decisions and

commitments are made.

EIS Environmental impact statement: a document prepared to detail the

expected environmental, social and economic effects of a development,

and state commitments to avoid, mitigate or satisfactorily control and

manage any potential adverse impacts of the development on the

environment. In the ACT, an EIS is required for proposals in the impact

track as per Section 127 of the Planning and Development Act 2007.

EPBC Act Environment Protection and Biodiversity Conservation Act 1999 (Cth)

EPD Environment and Planning Directorate

EPA Environment Protection Authority

PD Act Planning and Development Act 2007 (ACT)

PD Regulation Planning and Development Regulation 2008 (ACT)

TCCS Transport Canberra and City Services

UPSS Underground petroleum storage system

UPT Underground petroleum tank



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1. Introduction This report is to the ACT Minister for Planning and Land Management on the assessment of the

Environmental Impact Statement (EIS) exemption application for the Kaleen Caltex Service Station

redevelopment. The EIS exemption application was made by TFA Project Group under section 211B

of the Planning and Development Act 2007 (the PD Act).

This EIS exemption application was submitted concurrently. The proposal includes a development

application (DA) and an EIS exemption application. If an EIS exemption is granted (the concurrent

process), then the DA must be decided not later than 10 working days after. According to

section 147AB (3) of the Act, if the EIS exemption is refused, rejected or withdrawn, the DA is taken

to have been refused.

1.1. Project

The proposed design and siting development is for the redevelopment of the existing service station.

The redevelopment will allow for more vehicles to be serviced at any given time. The works include:

The demolition and removal of the existing retail building, service centre, canopy,

underground petroleum storage system (UPSS), fuel dispensers and other fuel

infrastructure, paving and other related plant and infrastructure

The remediation of the land where required, to be undertaken in accordance with the

remediation action plan

Installation of a new UPSS consisting of two underground storage tanks and associated fuel

lines and bowsers

The construction of a new retail building, an enclosed service yard, four fuel dispensers,

canopy over fuel dispensing area, signage and car parking

New/relocated plant and infrastructure including the fuel tanker fill point, LPG tank

enclosure, air/water unit, stormwater infrastructure, fencing and lighting

Landscaping and other associated minor works.

The DA also includes a lease variation to update the purpose clause wording relating to the use of

the land as a ‘service station’ to be consistent with the current Territory Plan definition of service

station.



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1.1.1. Project location

The Kaleen Caltex Service Station EIS exemption application relates to land in the suburb of Kaleen,

Australian Capital Territory. The land is located at block 26, section 120. The site has two vehicular

access points off Maribyrnong Avenue and a disused access point on Gwydir Square. The land uses

surrounding the site include:

North - Road (Maribyrnong Avenue), with low density residential opposite

East – low density multi unit residential, followed by Kaleen South Oval

South – low density multi unit residential, followed by Maribyrnong Primary School 50m

south.

West - Gwydir Square shopping centre car park and businesses. This is one of the two areas

for local shops in Kaleen. A child care centre is located further to the west of the site.

Figure 1 - Aerial photo of the project location and its immediate surrounds



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1.1.2. Legal land description and tenancy

The Kaleen Caltex Service Station will directly affect two blocks and indirectly affect two other

blocks. The directly affected lands are the subject site and the unleased Territory land on

Maribyrnong Avenue where the existing verge crossing will be modified. Two other blocks may be

indirectly affected through the proposed works, although no ongoing impacts will occur as a result of

the EIS exemption application. Table 1 shows the legal land description for each block affected by

the proposed redevelopment of the service station and the details of tenancy type and tenant.

Table 1 - Legal land description and tenancy

Block and Section District Tenancy Tenant

Directly affected lands

26/120 Kaleen Leased Territory Land -

Subject site of proposed

works

Private lessee (proponent)

N/A – verge on

Maribyrnong Ave

Kaleen Unleased Territory Land -

Roads

Roads ACT, TCCS

Neighbouring lands

32/120 Kaleen Leased Territory Land Commissioner for Social Housing

N/A – Gwydir

Square car park

Kaleen Unleased Territory Land –

Public Places

Roads ACT, TCCS

1.2. Background

The site has been used as a service station since the Crown lease was transferred to Caltex in 1952.

The site currently includes six fuel dispensers, a retail building and a vehicle service centre. The

service station has ceased operations in preparation for the redevelopment.

The proponent is undertaking to remove all contaminated materials from this site including the

underground storage tanks. The proponent’s goal after remediation of the site is for the site to be

assessed for its suitability for continued use within its current land use zoning classification and to

redevelop the site for continued use as a service station.

Several studies have been found that hydrocarbon contamination of soil and groundwater beneath

the site has occurred as a result of historical leaks from the UPSS. The proposed works will replace all

UPSS infrastructure at the site and will reduce the mass of hydrocarbon contamination in soil in the

vicinity of the UPSS through excavation and offsite disposal. This will ensure that the risk of future

leakages is minimised as infrastructure is brought up to current industry standards, and that the

contaminated soil on site can be removed so further leaching into soil and groundwater does not

occur. Aboveground redevelopment of the site will also take place, as listed above.



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2. Environmental impact assessment Environmental impact assessment processes are used to identify, predict, plan for and manage the

impacts of development proposals before a decision is made about the project going ahead.

An environmental impact assessment process is required to be undertaken for projects in the impact

track.

Section 123 of the PD Act states that the impact track applies to a development if:

the relevant development table states that the impact track applies

the proposal is of a kind mentioned in Schedule 4 of the PD Act

the Minister makes a declaration under section 124

section 125 or section 132 applies to the proposal, or

the Commonwealth Minister responsible for the Environment Protection and Biodiversity

Conservation Act 1999 (the EPBC Act) advises the Minister in writing that the development

is a controlled action under the EPBC Act, section 76.

2.1. Impact track triggers

The Kaleen Caltex Service Station is in the impact track as it is a development of a kind mentioned in

Schedule 4 of the PD Act. This proposal triggers the Schedule 4 item listed in Table 2.

Table 2 - EIS triggers per Schedule 4 of the PD Act

Item Number Description Project Component

Part 4.3, item 7 proposal involving land included on the register of contaminated sites under the Environment Protection Act 1997

The subject block is on the register of contaminated sites. This is due to the existing underground petroleum storage system and use of the site as a service station.



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ot es:

The Minister releases the EIS exemption application for public consultation and

refers the application to entities

The authority assesses EIS exemption application and prepares a report for

consideration by t he M inister

The Minister may: 1. Grant the proposal an exemption 2. Refuse to grant the proposal an

exemption

Legend

D - Planning and Land Authority

Proponent

Guidance note

EIS exemption granted Unsatisfactory application is rejected and Proponent advised to undertake an EIS

Proponent prepares an impact track development application

• Proponent is advised to seek advice from the Authority before submitting an EIS exemption application.

• The authority may seek advice from relevant agencies to inform it's assessment of t he req uest. • The exemption (and report) is a Notifiable Instrument w hich is placed on the legislation register.

2.2. Section 211 Process

The flowchart below outlines the EIS exemption application process.

Figure 2 – The section 211 EIS exemption process



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2.3. The EIS exemption application

In accordance with section 211B of the Planning and Development Act 2007 the application for an

EIS exemption was submitted by the TFA Project Group to the planning and land authority (the

Authority), within the Environment and Planning Directorate (EPD) on 5 April 2017. As required by

EIS exemption application - Form 1M, the application contained the following information to inform

the assessment of the application:

Site plans for future redevelopment, prepared by TFA Project Group (various dates in late

2016 and early 2017)

Preliminary Risk Assessment (PRA), prepared by TFA Project Group (20 March 2017). This

document includes qualifications and experience of the contributors to the PRA

Remediation Action Plan, prepared by WSP Parsons Brinckerhoff (10 January 2017)

2.4. EIS exemption decision

Section 211H of the PD Act states that the Minister may grant an EIS exemption for the proposal if

satisfied that the exempted environmental impact of the development proposal has already been

sufficiently addressed by a recent study, whether or not the recent study relates to the particular

development proposal.

In deciding whether the environmental impact of the development proposal has been sufficiently

addressed by the recent study, the Minister must consider:

(a) whether the recent study was conducted by an appropriately qualified person with relevant

expertise and experience in relation to the environmental values of the land in the proposal;

and

(b) if the recent study does not relate directly to the proposal—whether there is sufficient detail

to allow assessment of the environmental impacts likely to occur if the proposal proceeds;

and

(c) whether the part of the recent study relevant to the proposal required public consultation

through a statutory process or as part of a government policy development; and

(d) if the recent study is more than 18 months old—whether the Minister is satisfied that the

information in the study is current; and

(e) any submissions received during the consultation period for the EIS exemption application.

This report documents the information presented by the proponent, information received during

entity consultation and public notification to inform the Minister in making a decision.

For each impact track trigger an assessment of the supporting information will be made against the

criteria above in the corresponding sub-sections under Section 3 of this report.

2.5. Consultation

Entity consultation and public consultation were both undertaken as required by the PD Act.



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2.5.1. Entity referral

Section 211E of the PD Act requires the Minister to consult with entities prescribed in the

PD Regulations about the EIS exemption application. The Minister may also seek advice from other

entities.

The Authority referred the application to the following mandatory and relevant entities. Comments

were received from entities during the consultation period, as noted below in Table 3:

Table 3 - Summary of entity comments

Referred entity Entity response Entity response date

ACTEW AGL No comment provided on EIS exemption application. ACTEW AGL Distribution, Electricity and Gas comments received in relation to the development application only.

18 April 2017 (distribution) 4 May 2017 (electricity) 18 April 2017 (gas)

Conservator of Flora and Fauna

The redevelopment of an industrial development such as this will not impact on any native communities or species. There are some large eucalypt trees located on the unleased Territory land adjacent to the site that may be impacted by the works. The application should clearly demonstrate how these trees can be retained without being negatively impacted by the construction works.

27 April 2017

Emergency Services Commissioner

ACTF&R is supportive of an s211 exemption for the Caltex Service Station Kaleen re development proposal, based on the Remedial Action Plan and Preliminary Risk Assessment that has been prepared and supplied as supportive documentation. These documents comprehensively cover the possible environmental risks associated with the proposed development.

26 April 2017

Environment Protection Authority

EIS exemption application is supported. Advice and recommended conditions of approval given for the development application only.

1 May 2017

Heritage Council The proposed development is unlikely to diminish the heritage significance of a place or object.

6 June 2017

ACT Health No comments received

Transport Canberra and City Services

TCCS acknowledges that adequate studies have been undertaken and sufficient documentation has been prepared to support the application for EIS exemption.

7 June 2017

DA Leasing Comments received in relation to DA only. 9 June 2017

ICON Water No comment in relation to the EIS exemption application. Comments received were related to the development application only.

11 April 2017



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2.5.2. Public consultation

The PD Act requires the Minister to consult with the public on the EIS exemption application for 15

working days. However, this EIS exemption application was lodged as part of a concurrent

development application. The concurrent consultation period is not less than 35 working days plus

any concurrent extension period. In accordance with section 147AB of the PD Act, the EIS exemption

application was publically notified concurrently with the DA for 35 working days, ending on

6 June 2017.

No public submissions relating to the EIS exemption application were received during the

consultation period, and the revised application has stated this. Three representations were

received on the design and siting of the proposal. These will be assessed under the DA process.

Table 4 provides a summary of the information made available during the public consultation

process.

Table 4 - Summary of public consultation

Title of report Public consultation method

EIS exemption application Form 1M Information available on EPSDD website

TFA Project Group (2017) Preliminary Risk Assessment, 275 Maribyrnong Avenue, Kaleen.

Information available on EPSDD website

WSP Parsons Brinckerhoff (2017) Remediation Action Plan – Caltex Service Station Kaleen, ACT


DA documents - Site plans, floor plan, elevations, signage details, landscaping plan, sediment control plan and survey certificate


2.5.3. Additional public consultation

The project design and supporting information has not been the subject of any public exposure in

addition to the public consultation period required under section 211C of the PD Act .



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3. Impacts on Schedule 4 items This section summarises the impacts of the development on the relevant item from Schedule 4 of

the PD Act. For each item the supporting studies and the comments of referral entities are listed

along with any recommended mitigation measures. A conclusion is made on whether or not the

information satisfies the requirements of section 211 of the PD Act.

3.1 Schedule 4 Part 4.3 Item 7– proposal involving land on the contaminated sites

register

As previous studies have indicated, the current UPSS has historically leaked into soils and

groundwater. As such, the block is listed on the register of contaminated sites under the

Environment Protection Act 1997.

3.1.1. Impacts

The following potential key impacts were identified in the construction and decontamination period:

Contact with hydrocarbon impacted soil or groundwater through vapour inhalation or

migration, ingestion or skin contact

Offsite migration of impacted groundwater and discharge into surface water bodies

The following potential key impacts were identified in the operational phase of the redeveloped

service station:

Exposure of acid sulphate soils

Vapour migration into buildings, both onsite and offsite

Fuel product spills on forecourt during refuelling

Fuel product spills during resupply of fuel tanks

Fuel tank leaks

3.1.2. Previous studies and investigation

The proponent submitted a report which addresses impacts on the local environment in support of

the EIS exemption application. The information submitted by the proponent to support the

application is listed and assessed for relevance against the requirements of section 211H of the

PD Act in Table 5.

Table 5 - Previous studies and investigations

TITLE & AUTHOR OF STUDY

QUALIFIED PERSON

RECENT STUDY

If recent study >18 months, is

information current

INFORMATION DIRECTLY

RELATED TO PROPOSAL?

ADDITIONAL PUBLIC CONSULTATION REQUIRED

EXPERT/ PEER

REVIEWED

Preliminary Risk Assessment TFA Project Group

Yes Yes N/A Yes No No

Remediation Action Plan WSP Parsons Brinckerhoff

Yes Yes N/A Yes No No

Application for section 211 EIS Exemption Consideration Report 10 KALEEN CALTEX SERVICE STATION

It is considered that these studies provide sufficient detail to allow an assessment of the

environmental impacts associated with the proposal.

3.1.3. Entity referral and public comments

Other than acknowledgement that the site is on the register of contaminated sites, no issues were

raised by entities in relation to this item. Additional comments provided by entities will be

considered for the concurrent development application assessment.

No public comments were received on this item.

3.1.4. Recommended mitigation measures

The recommended mitigation measures from the authority’s assessment, entity submissions and the

studies/reports submitted by the proponent against the impacts of the contaminated site on its

redevelopment are included in Table 6.

Table 6 - Mitigation measures

No. Impact of development Mitigation Measure

1 Construction phase - hydrocarbon impacted soil – vapour migration and inhalation, dermal contact or ingestion

Preparation and implementation of detailed WH&S plan, control of site access, ambient air monitoring, cessation of works in certain air quality scenarios, controls will be placed on the operation and movement of equipment, stockpile management and registers.

2 Construction phase - hydrocarbon impacted groundwater – dermal contact, ingestion or offsite migration or impacted groundwater and discharge into surface water bodies

Preparation and implementation of detailed WH&S plan, control of site access, ambient air monitoring, cessation of works in certain air quality scenarios, controls will be placed on the operation and movement of equipment, stockpile management and registers, sediment and leachate control measures.

3 Operation phase – hydrocarbon vapours – vapour migration into onsite and offsite building

Stage 1 vapour recovery systems in-built to UPSS (AS 4897-2008).

4 Operation phase – fuel product spills on forecourt during refuelling or spills during resupply of fuel tanks

Safe work methods, provision of oily water separator, bunding of refuelling area, separation of stormwater/potential oily water, limitation of tanker compartment sizes, impervious materials, fill point spill containment.

5 Operation phase – fuel tank leaks Equipment Level 1 compliance with AS 4897-2008, leak protection, leak detection systems, secondary tank containment, groundwater monitoring wells, standards not less than AS 1692 “Tanks for the storage of Flammable and Combustible Liquids”.



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3.1.5. Conclusion

The supporting studies and the comments of relevant entities provide sufficient information on the

impacts of the proposal involving a site on the register of contaminated sites. Further investigation

and environmental assessment of the impacts of the proposal is not considered necessary for this

project. The conditions attached to this EIS exemption will be applied through conditions of approval

on any subsequent development application.



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4. Conclusion Having regard to the supporting information provided by the applicant and comments received from

referral entities and during the public consultation period the planning and land authority has

assessed the redevelopment of the Kaleen Caltex Service Station as meeting the requirements for an

EIS exemption under the PD Act.

It is the planning and land authority’s assessment that the proponent has provided sufficient

information to the ACT Government and the community to allow an informed evaluation of

potential environmental impacts which could be attributed to the proposal. The supporting

information has proposed a range of mitigation measures to reduce or avoid potential

environmental impacts arising from construction and operational activities associated with the

project. It is considered that any potential adverse impacts can be adequately addressed by

implementing the conditions outlined in this report.

The planning and land authority’s recommendation is that the supporting information submitted

with the application has adequately identified and considered those matters of potentially

significant impact and that further environmental assessment is not required. The expected

environmental impact of the development proposal has already been sufficiently addressed by

recent studies.

The planning and land authority’s recommendation is that the Minister grants the project an EIS

exemption under section 211H of the PD Act.



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Documents

KALEEN CALTEX SERVICE STATION - planning.act.gov.au€¦ · The Kaleen Caltex Service Station EIS exemption application relates to land in the suburb of Kaleen, Australian Capital