State Environmental Planning Policy Amendment (Remediation of Land) 2018 (2018-506) LW 31 August 2018 (NSW)
| New South Wales |
State Environmental Planning Policy
Amendment (Remediation of Land) 2018
under the
Environmental Planning and Assessment Act 1979
His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following State environmental planning policy under the Environmental Planning and Assessment Act 1979.
ANTHONY ROBERTS, MP
Minister for Planning
State Environmental Planning Policy Amendment (Remediation of Land) 2018 [NSW]
State Environmental Planning Policy Amendment (Remediation of Land) 2018
under the
Environmental Planning and Assessment Act 1979
1 Name of Policy
This Policy is State Environmental Planning Policy Amendment (Remediation of
Land) 2018.
2 Commencement
This Policy commences on the day on which it is published on the NSW legislation website.
3 Repeal of Policy
|
State Environmental Planning Policy Amendment (Remediation of Land) 2018 [NSW]
| Schedule 1 | Amendment of State Environmental Planning Policy No 55—Remediation of Land |
| Schedule 1 | Amendment of State Environmental Planning Policy No 55—Remediation of Land |
[1] Clause 4 Definitions
Insert in alphabetical order in clause 4 (1):
Cockle Creek Smelter Land Map means the State Environmental Planning
Policy No 55—Remediation of Land—Cockle Creek Smelter Land Map.
[2] Clause 5A
Insert after clause 5:
5A Maps
| (1) | A reference in this Policy to a named map adopted by this Policy is a reference to a map by that name: | |||
| ||||
| (2) | Any 2 or more named maps may be combined into a single map. In that case, | |||
| a reference in this Policy to any such named map is a reference to the relevant | ||||
| part or aspect of the single map. | ||||
| (3) | Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister. | |||
| (4) | For the purposes of this Policy, a map may be in, and may be kept and made available in, electronic or paper form, or both. |
[3] Clause 22
Insert after clause 21:
|
| (1) | Objective |
| The objective of this clause is to ensure that adequate arrangements are in place to minimise and manage the risks associated with the containment cell | |
| on the site of the former Cockle Creek zinc and lead smelter and Incitec fertiliser factory (and other land within that site that has not been fully | |
| remediated) so as to protect human health and the environment in perpetuity. | |
| (2) | Land application |
| This clause applies to the land identified as “former Cockle Creek Smelter and Incitec site” on the Cockle Creek Smelter Land Map (the former Cockle Creek Smelter and Incitec site). | |
| (3) | Adequate arrangements for perpetual care required |
| A consent authority must not consent to a development application to carry out development on the former Cockle Creek Smelter and Incitec site unless the Planning Secretary has certified to the consent authority that, in the Planning Secretary's opinion, adequate arrangements are in place for the perpetual care of the following: |
State Environmental Planning Policy Amendment (Remediation of Land) 2018 [NSW]
| Schedule 1 | Amendment of State Environmental Planning Policy No 55—Remediation of Land |
| (a) | the containment cell at the former Cockle Creek Smelter and Incitec site and its associated infrastructure, |
| (b) | the land on which that cell and infrastructure is located, |
| (c) | land on the former Cockle Creek Smelter and Incitec site that has not been remediated, |
| (d) | the land on the former Cockle Creek Smelter and Incitec site that immediately before the commencement of this clause was within Zone E2 Environmental Conservation under Lake Macquarie Local Environmental Plan 2014. |
(4) Meaning of “perpetual care”
In this clause, perpetual care in relation to the containment cell, infrastructure and land concerned includes the following activities:
| (a) | the on-going implementation of long term environmental management plans, |
| (b) | the on-going monitoring, maintenance and repair of the containment cell and associated infrastructure, |
| (c) | the replacement, from time to time, of part or all of that containment cell and that associated infrastructure, including as a result of a catastrophic |
event.
| (5) | Matters that Planning Secretary may have regard to |
In forming an opinion as to whether the adequate arrangements referred to in subclause (3) are in place, the Planning Secretary may have regard to whether any public positive covenants or other instruments or any adequate financial arrangements are in place to sustain the perpetual care concerned.
| (6) | Exemption from requirement to obtain Planning Secretary's certificate |
Subclause (3) does not apply to a development application only for any of the following purposes:
| (a) | a subdivision creating or widening a public road or a drainage reserve, |
| (b) | road works or the construction of public utility infrastructure, |
| (c) | remediation or environmental protection works (within the meaning of the standard instrument for a local environmental plan prescribed by the Standard Instrument (Local Environmental Plans) Order 2006). |
(7) Duration of certificate
| A certificate given by the Planning Secretary under this clause remains in |
force until it is withdrawn.
(8) Withdrawal of certificate
The Planning Secretary may, by notice in writing, withdraw a certificate that has been given to a consent authority.
| (9) | Certificate effective for different development |
For the avoidance of doubt, a new certificate by the Planning Secretary under this clause is not required for each separate development application (including development applications by different persons relating to the carrying out of different development).
(10) Transitional
This clause extends to a development application that has been made, but not finally determined, before the commencement of this clause.
State Environmental Planning Policy Amendment (Remediation of Land) 2018 [NSW]
| Schedule 2 | Amendment of State Environmental Planning Policy (Exempt and Complying Development |
| Codes) 2008 |
| Schedule 2 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
Schedule 3 Complying development codes—variations
Insert in appropriate order in the Schedule:
Lake Macquarie
| The land in the local government area of Lake | The Housing Code is varied in its application by |
| Macquarie that is identified as “former Cockle | inserting the following after clause 3.1 (1): |
| Creek Smelter and Incitec site” on the Cockle | (1A) | Despite subclause (1), |
| Creek Smelter Land Map within the meaning of | development described in | |
| State Environmental Planning Policy No 55— | subclause (1) (a) (being the | |
| Remediation of Land | erection of a new 1 or 2 storey dwelling house and any attached development) on land identified as | |
| “former Cockle Creek Smelter | ||
| and Incitec site” on the Cockle Creek Smelter Land Map within the meaning of State Environmental Planning Policy No 55—Remediation of Land is not complying development under this code. |
The Low Rise Medium Density Housing Code is varied in its application by inserting the following at the end of clause 3B.2:
| (1A) | Development on land identified as |
| “former Cockle Creek Smelter | |
| and Incitec site” on the Cockle Creek Smelter Land Map within the meaning of State Environmental Planning Policy No 55—Remediation of Land is not complying development under this code. |
The Greenfield Housing Code is varied in its application by inserting after clause 3C.1 (1):
| (1A) | Despite subclause (1), this code |
| does not apply to land identified as | |
| “former Cockle Creek Smelter | |
| and Incitec site” on the Cockle Creek Smelter Land Map within the meaning of State Environmental Planning Policy No 55—Remediation of Land. |
State Environmental Planning Policy Amendment (Remediation of Land) 2018 [NSW]
| Schedule 2 | Amendment of State Environmental Planning Policy (Exempt and Complying Development |
| Codes) 2008 |
The Commercial and Industrial (New Buildings and Additions) Code is varied in its application by inserting the following after clause 5A.2 (1):
| (1A) | Despite subclause (1), development described in subclause (1) (a) (being the construction of a building for the purposes of industry (other than heavy industry or an artisan food and drink industry) or a warehouse or distribution centre) on land identified as “former Cockle Creek Smelter and Incitec site” on the Cockle Creek Smelter Land Map within the meaning of State Environmental Planning Policy No 55—Remediation of Land is not development specified for this code. |
The Subdivisions Code is varied in its
application by inserting the following after
clause 6.3 (1):
| (1A) | Despite subclause (1), this clause does not apply to land identified as |
| “former Cockle Creek Smelter | |
| and Incitec site” on the Cockle Creek Smelter Land Map within the meaning of State Environmental Planning Policy No 55—Remediation of Land. |
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