‘LUCAS HEIGHTS 1’ WASTE AND RECYCLING CENTRE

APPLICATION UNDER S.96(2) OF THE ENVIRONMENTAL

PLANNING AND ASSESSMENT ACT, 1979 TO MODIFY THE MINISTER’S DEVELOPMENT CONSENT OF 12 NOVEMBER

1999 –

SUBDIVISION TO CREATE SEPARATE LOTS TO SUPPORT AN EXISTING LEACHATE TREATMENT PLANT AND STORM

SURGE STORAGE DAMS

STATEMENT OF ENVIRONMENTAL EFFECTS

19 NOVEMBER 2009

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Contents

1. Introduction

2. Site Particulars

3. Consent History

4. Proposed Modification

5. Planning Compliance

6. Conclusion

Attachment A: Existing Land Titles

Attachment B: Proposed Subdivision

INTRODUCTION On 12 November 1999, the then Minister for Urban Affairs and Planning granted Development Consent for the following:

• “Expansions of the capacity of the Lucas Heights Waste Management Centre and the progressive redevelopment of the site for recreational purposes;

• The development of composting and recycling facilities including a Green Waste Processing and Composting Facility and a biowaste facility at the Lucas Heights Waste Management Centre;

• The diversion of dry waste and clean fill from the Lucas Heights Waste Management Centre to the area known as Lucas Heights 1 and the progressive development of a local and regional multi-purpose sporting and recreational complex at the site;

• The establishment of an area known as the Lucas Heights Conservation Area to the immediate north of the Lucas Heights Waste Management Centre.”

Under this Consent WSN concurrently operates relevant aspects of the Lucas Heights Waste Management Centre (Lucas Heights 2 – LH2) and carries out rehabilitation works on the nearby former Waste Management Centre (Lucas Heights 1 – LH1). In accordance with Condition 10 of the Consent, both operations occur under a Deed of Agreement between WSN and Sutherland Shire Council covering: a) Their respective responsibilities for different areas of the subject land; and b) Responsibilities and arrangements between them for implementing and

complying with the conditions of the consent. WSN and Sutherland Shire Council were joint applicants for the Development Application. Acting under the Sutherland Council / WSN Lucas Heights Deed of Agreement, the two parties now seek to modify the current Consent under Section 96(2) of the Environmental Planning and Assessment Act, 1979 (the Act) by inclusion of additional clauses to permit the following on the Lucas Heights 1 site:

• subdivision to create a separate lot for an existing leachate treatment plant; and

• subdivision to create a second separate lot for two existing leachate storage dams.

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Figure 1: Site Location – Lucas Heights 1 & 2

SITE PARTICULARS Figure 1 indicates the two sites that are the subject of the current Consent. Lucas Heights 2 The land that incorporates the operating waste management centre at Lucas Heights is roughly bounded by New Illawarra Road, Heathcote Road and Little Forest Road at Lucas Heights. The land is partly owned by WSN, and partly leased by the Corporation from the Australian Nuclear Science and Technology Organisation (ANSTO) and Sutherland Council. WSN has consent to carry out landfill operations at LH2 until 2024 (Condition 39). Under the Deed of Agreement with Sutherland Council, the Corporation is also obliged to progressively rehabilitate the land as waste management operations conclude and, after closure, to complete rehabilitation and revert the Council owned land to the Council for recreational uses. Lucas Heights 1 The former waste management facility is located approximately 2.5kms to the north east of LH2 on land fronting New Illawarra Road at Barden Ridge. The land is owned by the Crown and is currently reserved for recreational purposes under the care, control and management of Sutherland Council. WSN operates on LH1 under Crown Licence L310966. The Licence facilitates progressive rehabilitation and handover of the land to the Crown for development for recreational purposes, consistent with its Reservation. Aside from carrying out rehabilitation works, WSN also operates a leachate treatment plant and sub leases to Energy Developments Ltd (EDL) who operate a landfill gas to power plant on the site. Both of these facilities treat effluent generated from the LH2 operation which is piped to LH1 via a rising main connection. Operation of these two treatment facilities will continue to closure of LH2 in 2024 and thereafter until the completion of rehabilitation of the LH2 site. (The rising main and leachate treatment plant are both

LH2

LH1

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the subject of a WSN certification that it has conducted a Review of Environmental Factors and a subsequent Determination of Approval under Part 5 of the Act granted on 7 April 2004).

Figure 2: Lucas Heights 1

LEACHATE TREATMENT PLANT

STORM SURGE STORAGE DAMS

EDL POWER PLANT

NEW ILLAWARRA ROAD

REHABILITATED LAND

LAND UNDER REHABILITATION

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CONSENT HISTORY The following consent and modifications are of relevance to this application:

• Original Consent – Minister’s approval of DA No.11-01-99 (12 November 1999 - File No. R97/00029) for closure and rehabilitation of Lucas Heights 1 and landfilling/waste management activities at Lucas Heights 2

• Modification to extend receipt of 1.2 million tonnes at Lucas Heights 2 to 30 June 2002, (MOD-80-04-01, 5 June 2001)

• Modification to relocate and reduce number of stormwater holding dams on the site (MOD-135-12-2004-i, 21 April 2004)

THE PROPOSED AMENDMENT The proposal now seeks a third modification to the original Consent to permit subdivision of Lot 1 in DP1027216 and Lot 3 in DP1142918 (formerly Lots 10 and 11 in DP818819 and PO [PO 85/81 Metrop] Crown Land, Portion 126) to create four new allotments:

• Lot 6 which will support the existing leachate treatment plant;

• Lot 4 which will support the two existing storm surge leachate storage dams; and

• Lots 5 and 7, residual lots that encompass the land to be rehabilitated. Concurrently with the registration of the above subdivisions, it is proposed to register a series of easements for services and access to the newly created allotments. These are also illustrated on the draft subdivision plan. A plan has recently been lodged with Land and Property Information, NSW (LPI) to register a Crown Public Road that will provide access to the EDL plant. Following registration it is proposed to create Lots1&2 as a Crown Public Road under the Roads Act 1993. LPI has allocated deposited plan number DP1142918 to the draft plan. The proposal is illustrated in the draft subdivision plan prepared by Hammond Smeallie Pty Ltd, Registered Surveyors, submitted with this application. Justification for the proposal The key purpose of the proposed modification is to separate land on LH1 earmarked for recreational purposes from land that will be required in the medium to long term for waste management activities. Under the current Consent and the Deed of Agreement, the land that incorporates the LH1 site is to be progressively rehabilitated by WSN and handed back to Sutherland Council as the Trustee of the Crown Reservation. This process is continuing and to date the majority of the LH1 site has been rehabilitated and has reverted to Council as Trustee. However, the existing waste management infrastructure on the LH1 site, incorporating the EDL power platform, the leachate treatment plant and the storm surge storage dams, functions to treat leachate and gas generated from the ongoing waste management operations occurring on the LH2 site. This function will continue till the cessation of waste management operations on LH2 in 2024 and thereafter until the site has ceased to produce leachate and gas. Consequently, the land that supports this infrastructure will not be available for recreational use in the foreseeable future. For this reason, it is considered that the land supporting waste management infrastructure on LH1 should occur under separate title to land that will be used for recreational purposes in the short to medium term. Subdivision to create separate lots for the leachate treatment plant and the storm surge storage dams will achieve this outcome.

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PLANNING COMPLIANCE Section 96(2) of the Act permits the Consent Authority to modify a Consent after consideration of the following: 1. Whether the modification will result in “substantially the same development”

as that originally approved; and 2. Whether the development has acceptable environmental impacts with respect

to the ‘matters of consideration’ in section 79C of the Act. An assessment of the proposed modification under each of these heads follows. Will the modification result in “substantially the same development” as that originally approved? The modification application proposes subdivision only of existing infrastructure on Lucas Heights 1 which will be required in the long term to carry out its primary function – to collect and treat leachate produced by the waste management operations on LH2 up until its current approved date of closure and thereafter until rehabilitation of the LH2 site is complete. Concurrent with the subdivision, WSN will also apply to NSW Land and Property Information to register a series of easements to formalise access and services supply to the existing infrastructure. No construction works are proposed in the application. In this regard the proposal constitutes a statutory formalisation only of an existing land use in order to address an anomaly between the existing land use on the site and the proposal to change the use for recreational purposes in the short to medium term. The modification will result in no change to the form, function or extent of the operation that is the subject of the existing consent. In this regard, it is considered that the proposal will result in ‘substantially the same development’ as currently approved. Will the development have acceptable environmental impacts with respect to the ‘matters of consideration’ in section 79C of the Act? An assessment of the proposal against the relevant matters for consideration follows.

(1) Matters for consideration—general

(a) the provisions of: (i) any environmental planning instrument, and Sutherland Local Environmental Plan, 2006 (Sutherland LEP 2006) The LH1 site is zoned Zone 13 – Public Open Space (Zone 13) under the Sutherland LEP 2006. The objectives of the zoning are:

‘(a) to enable development of land for open space and recreation purposes, (b) to provide active and passive open space, allowing for a range of

recreational activities and facilities that meet the needs of all ages in the community,

(c) to enable development ancillary to the primary legal use of land that will encourage the enjoyment of land in the zone,

(d) to preserve public open space that enhances the scenic and environmental quality of Sutherland Shire.’

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The prime purpose of the proposal is to provide separate Titles for land that supports existing infrastructure required for rehabilitation of other land in order to facilitate its ultimate use for recreational purposes. In this regard, it is considered that the proposal is consistent with these zone objectives. Clause 28 of LEP, 2006 permits subdivision of land within the LEP area with consent. State Environmental Planning Policy (Infrastructure) 2007 (Infrastructure SEPP) The SEPP permits development for waste management purposes on land which is within a ‘Prescribed Zone’ (Cl.120). The proposal is not within a ‘Prescribed Zone’ as specified by the SEPP. The SEPP identifies subdivision to effect boundary adjustments as ‘exempt development’ (Cl.20 & Schedule 1). Subdivision that creates new lots is not, however, listed as ‘exempt development’.

In outcome, the Infrastructure SEPP does not affect this proposal. (ii) any proposed instrument that is or has been the subject of public

consultation under this Act and that has been notified to the consent authority (unless the Director-General has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved), and

No such instrument currently applies to the proposal.

(iii) any development control plan, and Sutherland Development Control Plan, 2006 (Sutherland DCP, 2006) The DCP provides guidelines and controls for development across the Sutherland Local Government Area. Chapter 4 of the DCP includes objectives and controls for management of natural resources within the LGA. Specific components that are of relevance to this proposal are discussed below. Greenweb The Greenweb strategy has an objective to preserve and enhance Sutherland’s bushland and biodiversity. The LH1 site, including the two parcels of land to be separated, is identified partially as ‘Greenweb Core’ and partially as ‘Greenweb Support’. Controls pertaining to Core lands are generally set to maintain habitat size and configuration and ensure connectivity. Development within Support areas should, through its siting, design and landscape treatment, maximise habitat values and minimise disruption to connectivity. Given that this application is for subdivision of existing infrastructure that has been specifically set up to assist in restoration of local landscape quality, it is considered that the proposal is consistent with the controls and guidelines pertaining to Council’s Greenweb Strategy. Wetlands and Waterways In essence, controls in this section of the DCP are aimed to ensure that:

• Water quality and quantity in the Shire’s riparian environment is maintained and not impacted negatively by development;

• Water flows regimes are maintained in wetlands and waterways;

• Stormwater flows mimic natural conditions and avoid concentrated discharge points;

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• Bushfire asset protection zones, where required, occur outside of riparian buffers.

A mapped ‘waterway’ and ‘riparian zone’ passes through both parcels of land that are proposed to be subdivided. The existing consent has conditions in place to protect local environmental quality, including riparian quality. In particular, the operation is required to be licensed under the Water Act, 1912 and to operate under a Part 3a Permit issued under the Rivers and Foreshores Act, 1948. On the basis that local water quality is protected by required licensing and by existing conditions in the consent and that no further development is proposed apart from subdivision, it is considered that the proposal is consistent with this control. (iiia) any planning agreement that has been entered into under section 93F, or any draft planning agreement that a developer has offered to enter into under section 93F, and No planning agreement entered into under section 93F applies either to the existing consent or to the proposed amendment. (iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph), that apply to the land to which the development application relates, The Regulations make certain requirements with respect to applications for Modification of Consents under S.96(2) pertaining, in particular, to content of the application (S.115) and public participation in the assessment process (S.118). Additionally, the Regulations include requirements for applications for subdivision certificates (S.157). The application and its assessment will be consistent with these requirements. (b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality, The modification application is for subdivision only for the purposes of separation of land with differing long term uses. No construction is proposed and the currently approved operations on the sites will not be altered. On this basis, it is considered that the proposed modification will have no additional impacts with respect to this head of consideration. (c) the suitability of the site for the development, The consented activity has been occurring on the site since approval. The proposed modification, for subdivision only, will not change the nature or intensity of the activity and, for this reason, it is considered that the site will remain suitable for the development as modified. (d) any submissions made in accordance with this Act or the regulations, Submissions made to the notification of the proposed modification will be considered by the applicant and the proposal will be amended if necessary prior to final consideration by the Minister. (e) the public interest. The proposed modification will separate land set aside for recreational use from land that will be required in the long term for operations associated with the management and rehabilitation of the Lucas Heights 2 Waste Management facility. In this regard, the modification will provide surety to the public with respect to long term land use in the locality and will also facilitate the proper management and rehabilitation of the waste management facility. It is considered that this outcome is in the public interest.

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The overall outcome of this assessment is that the proposed modification will have acceptable environmental impacts with respect to the ‘matters of consideration’ in section 79C of the Act. CONCLUSIONS The proposed subdivision is required to separate two different areas of activity on the Lucas Heights 2 site: land that is being progressively rehabilitated and reverted to Sutherland Council as Trustee and land that will be required in the foreseeable future for waste management purposes. In particular, the proposal is to modify the Minister’s Consent of 12 November 1999 (File No. R97/00029) by adding the following to the list of consented activities: “Subdivision of Lot 1 in DP1027216 and Lot 3 in DP1142918 (formerly Lots 10 and 11 in DP818819 and PO [PO 85/81 Metrop] Crown Land, Portion 126) to create four new allotments:

• Lot 6 to support the existing leachate treatment plant;

• Lot 4 to support the two existing storm surge leachate storage dams; and

• Lots 5 and 7, residual lots that encompass the land to be rehabilitated.” This assessment has indicated that the proposed modification is consistent with the requirements of S.96(2) of the Environmental Planning and Assessment Act, 1979 in that:

• the modification will result in “substantially the same development” as that originally approved; and

• the development will have acceptable environmental impacts with respect to the ‘matters of consideration’ in section 79C of the Act.

In this regard, it is considered that the Modification Application warrants approval.