State Environmental Planning Policy (Port Botany and Port Kembla) Amendment (Port of Newcastle) 2014 (2014-97) LW 7 March 2014 (NSW)
| New South Wales |
State Environmental Planning Policy (Port of Newcastle) 2014
under the
Environmental Planning and Assessment Act 1979
Her Excellency the Governor, with the advice of the Executive Council, has made the following State environmental planning policy under the Environmental Planning and Assessment Act 1979.
BRAD HAZZARD, MP
Minister for Planning and Infrastructure
State Environmental Planning Policy (Port Botany and Port
Kembla) Amendment (Port of Newcastle) 2014
under the
Environmental Planning and Assessment Act 1979
1 Name of Policy
This Policy is State Environmental Planning Policy (Port Botany and Port Kembla)
Amendment (Port of Newcastle) 2014.
2 Commencement
|
3 Maps
Each map adopted by State Environmental Planning Policy (Port Botany and Port Kembla) 2013 that is specified in Column 1 of the following table is declared by this Plan to be amended or replaced, as the case requires, by the map specified opposite in Column 2 of the table as approved by the Minister on the making of this Plan:
| Column 1 | Column 2 |
| Name of map being amended or | Name of amending or replacement |
| replaced | map |
| State Environmental Planning Policy (Port | State Environmental Planning Policy (Three |
| Botany and Port Kembla) 2013 Land | Ports) 2013 Land Application Map |
| Application Map | (SEPP_TPT_LAP_001_030_20140219) |
| (SEPP_PBK_LAP_001_030_20130524) | |
| State Environmental Planning Policy (Port | State Environmental Planning Policy (Three |
| Botany and Port Kembla) 2013 Land | Ports) 2013 Land Application Map |
| Application Map | (SEPP_TPT_LAP_002_020_20140219) |
| (SEPP_PBK_LAP_002_020_20130524) | |
| State Environmental Planning Policy (Port | State Environmental Planning Policy (Three |
| Botany and Port Kembla) 2013 Land | Ports) 2013 Land Application Map |
| Application Map | (SEPP_TPT_LAP_003_040_20140224) |
| State Environmental Planning Policy (Port | State Environmental Planning Policy (Three |
| Botany and Port Kembla) 2013 Land Zoning | Ports) 2013 Land Zoning Map |
| Map | (SEPP_TPT_LZN_001_030_20140218) |
| (SEPP_PBK_LZN_001_030_20130524) | |
| State Environmental Planning Policy (Port | State Environmental Planning Policy (Three |
| Botany and Port Kembla) 2013 Land Zoning | Ports) 2013 Land Zoning Map |
| Map | (SEPP_TPT_LZN_002_020_20140219) |
| (SEPP_PBK_LZN_002_020_20130524) | |
| Column 1 | Column 2 |
| Name of map being amended or | Name of amending or replacement |
| replaced | map |
| State Environmental Planning Policy (Port | State Environmental Planning Policy (Three |
| Botany and Port Kembla) 2013 Land Zoning | Ports) 2013 Land Zoning Map |
| Map | (SEPP_TPT_LZN_003_040_20140224) |
| State Environmental Planning Policy (Port | State Environmental Planning Policy (Three |
| Botany and Port Kembla) 2013 Height of | Ports) 2013 Height of Buildings Map |
| Buildings Map | (SEPP_TPT_HOB_001_030_20140213) |
| (SEPP_PBK_HOB_001_030_20130524) | |
| State Environmental Planning Policy (Port | State Environmental Planning Policy (Three |
| Botany and Port Kembla) 2013 Lease Area | Ports) 2013 Lease Area Map |
| Map | (SEPP_TPT_LES_001_030_20140213) |
| (SEPP_PBK_LES_001_030_20130524) | |
| State Environmental Planning Policy (Port | State Environmental Planning Policy (Three |
| Botany and Port Kembla) 2013 Lease Area | Ports) 2013 Lease Area Map |
| Map | (SEPP_TPT_LES_002_020_20140218) |
| (SEPP_PBK_LES_002_020_20130524) | |
| State Environmental Planning Policy (Port | State Environmental Planning Policy (Three |
| Botany and Port Kembla) 2013 Lease Area | Ports) 2013 Lease Area Map |
| Map | (SEPP_TPT_LES_002A_006_20140213) |
| (SEPP_PBK_LES_002A_006_20130524) | |
| State Environmental Planning Policy (Port | State Environmental Planning Policy (Three |
| Botany and Port Kembla) 2013 Lease Area | Ports) 2013 Lease Area Map |
| Map | (SEPP_TPT_LES_003_040_20140224) |
| State Environmental Planning Policy (Port | State Environmental Planning Policy (Three |
| Botany and Port Kembla) 2013 Referral Area | Ports) 2013 Referral Area Map |
| Map | (SEPP_TPT_REF_001_030_20140213) |
| (SEPP_PBK_REF_001_030_20130524) | |
| State Environmental Planning Policy (Port | State Environmental Planning Policy (Three |
| Botany and Port Kembla) 2013 Additional | Ports) 2013 Additional Permitted Uses Map |
| Permitted Uses Map | (SEPP_TPT_APU_001_030_20140213) |
| (SEPP_PBK_APU_001_030_20130524) | |
| State Environmental Planning Policy (Port | State Environmental Planning Policy (Three |
| Botany and Port Kembla) 2013 Outer | Ports) 2013 Outer Harbour Map |
| Harbour Map | (SEPP_TPT_OTH_002_020_20140213) |
| (SEPP_PBK_OTH_002_020_20130524) |
4 Repeal of Policy
|
| Schedule 1 | Amendment of State Environmental Planning Policy (Port Botany and Port Kembla) 2013 |
[1] Clause 1 Name of Policy
| Omit “State Environmental Planning Policy (Port Botany and Port Kembla) 2013”. Insert instead “State Environmental Planning Policy (Three Ports) 2013”. |
[2] Clause 3 Aims of Policy
| Omit “and Port Kembla” wherever occurring. Insert instead “, Port Kembla and the Port of Newcastle”. |
[3] Clause 4 (1) Definitions
Insert in alphabetical order:
approved project means a transitional Part 3A project within the meaning of
Schedule 6A to the Act that is an approved project.
[4] Clause 4 (1), definition of “capital dredging”
Omit “or widening” from paragraph (c). Insert instead “, widening or extending”.
[5] Clause 4 (1), definition of “capital investment value”
Omit “(within the meaning of Schedule 6A to the Act)” from paragraph (b).
[6] Clause 4 (1), definition of “Council”
Insert at the end of paragraph (c):
, or
| (d) | in relation to land within the Newcastle City area—Newcastle City Council. |
[7] Clause 4 (1), definition of “demolition”
Insert in alphabetical order:
demolition includes the dismantling or removal of a building.
[8] Clause 4 (1), definition of “dispensing facility”
Insert in alphabetical order:
dispensing facility means a fuel transfer facility that is intended for the dispensing of liquids from a storage tank to the fuel tank of a vehicle or vessel.
[9] Clause 4 (1), definition of “heritage item”
Insert in alphabetical order:
heritage item—see clause 31 (8).
[10] Clause 4 (1), definitions of “Additional Permitted Uses Map”, “Height of Buildings Map”, “Land Application Map”, “Land Zoning Map”, “Lease Area Map”, “Outer Harbour Map” and “Referral Area Map”
Omit “Port Botany and Port Kembla” wherever occurring. Insert instead “Three Ports”.
[11] Clause 4 (1), definition of “Lease Area”
Insert “or Port of Newcastle Lease Area” after “Port Kembla Lease Area”.
[12] Clause 4 (1), definition of “maintenance dredging”
| Omit “the Channel User Licence Agreement”. Insert instead “the Channel User Licence Agreement or any Crown lease”. |
[13] Clause 4 (1), definition of “Port Operator”
Insert at the end of paragraph (b):
, and
| (c) | in relation to the Port of Newcastle—the port operator (within the meaning of that Act) of the Port of Newcastle. |
[14] Clause 5 Land to which Policy applies
Insert at the end of the clause:
| (2) | This Policy (other than clause 11 (4)) does not apply to land identified as “Deferred matter” on the Land Application Map. |
[15] Clause 6 Relationship with other environmental planning instruments
Omit clause 6 (3). Insert instead:
| (3) | Except as provided by subclause (2), this Policy does not restrict or prohibit the carrying out of any development: | |||
|
[16] Clause 11 Savings provision relating to development applications and Part 5 activities
Insert “the application of” before “this Policy” where firstly occurring in clause 11 (1).
[17] Clause 11 (2)
| Omit “this Policy” where firstly occurring. Insert instead “the application of this Policy in relation to land to which this Policy applies”. |
[18] Clause 11 (2) (a) and (b) and (3)
| Omit “commencement of this Policy” wherever occurring. Insert insert instead “that commencement”. |
[19] Clause 11 (3)
Insert “and Schedule 7” after “Schedule 3”.
[20] Clause 11 (3)
Omit “continues”. Insert instead “continue”.
[21] Clause 11 (4)
Insert after clause 11 (3):
| (4) | Part 20 of Schedule 3 to State Environmental Planning Policy (Major Development) 2005, as in force immediately before the commencement of State Environmental Planning Policy (Port Botany and Port Kembla) Amendment (Port of Newcastle) 2014, continues to apply to land identified as “Deferred matter” on the Land Application Map. |
[22] Clause 16 Subdivision—consent requirements
Omit clause 16 (2). Insert instead:
| (2) | Development consent must not be granted for the subdivision of land that comprises, or on which there is, a State heritage item. |
[23] Clause 18, note 2
Insert “(other than capital dredging where the volume of material excavated does not exceed 100,000 cubic metres)” after “capital dredging”.
[24] Clause 20 Prohibition on development for the purposes of container depots on certain land in Zone IN1
Insert at the end of the clause:
Note. This clause does not prevent the granting of consent to development that is permitted with consent where the use of shipping containers is ancillary to the purposes for which the consent was granted.
[25] Clause 23 Additional permitted uses
Insert “or on land within a Lease Area” after “Additional Permitted Uses Map”.
[26] Clause 23 (2)
Insert at the end of clause 23:
| (2) | Despite any other provision of this Policy, development for the purposes of vehicle sales or hire premises may be carried out with development consent on land within a Lease Area”. |
[27] Land Use Table, Zone SP1 Special Activities
| Omit “and Port Kembla” from item 1. Insert instead “, Port Kembla and the Port of Newcastle”. |
[28] Land Use Table, Zone SP1 Special Activities
Insert “Neighbourhood shops;” in alphabetical order in item 3.
[29] Land Use Table, Zone SP1 Special Activities
Omit “Neighbourhood shops;” from item 4. Insert instead in alphabetical order:
Bulky goods premises;
Business premises;
Caravan parks;
Office premises;
Shops;
Vehicle sales or hire premises;
[30] Clause 24 Exempt development
Omit clause 24 (3) (d). Insert instead:
| (d) | if it is likely to affect a State heritage item or a heritage item or heritage conservation area specified in an environmental planning instrument, must involve no more than minimal impact on the heritage significance of the item or area, and |
[31] Clause 24 (3) (f) and (g)
Insert after clause 24 (3) (e):
, and
| (f) | if it is development on land containing a containment cell, must not be development that is likely to cause the cell to be breached or otherwise damaged or to reduce the effectiveness of the cell, and |
| (g) | must not be carried out on land that is significantly contaminated land within the meaning of the Contaminated Land Management Act 1997. |
[32] Clause 25 Complying development
Insert after clause 25 (3) (e):
, and
| (f) | if it is likely to affect a State heritage item or a heritage item or heritage conservation area specified in an environmental planning instrument, involve no more than minimal impact on the heritage significance of the item or area, and |
| (g) | not be carried out on land that is significantly contaminated land within the meaning of the Contaminated Land Management Act 1997. |
[33] Clause 25 (7)
Insert after clause 25 (6):
| (7) | Clauses 11 and 12 of Schedule 2 do not apply to development carried out on land within the Port of Newcastle. |
[34] Clause 28 State significant infrastructure
Insert “(other than capital dredging where the volume of material excavated does not exceed 100,000 cubic metres)” after “capital dredging” in clause 28 (1) (c).
[35] Clause 28 (5)
Insert after clause 28 (4):
| (5) | This clause does not apply to development specified in clause 3 of Schedule 3 to State Environmental Planning Policy (State and Regional Development) 2011. |
[36] Clause 29 Preservation of trees or vegetation
Insert “or by the Director-General” after “situated” in clause 29 (2).
[37] Clause 30 Other trees or vegetation
Insert “or by the Director-General” after “situated” in clause 30 (1) (a).
[38] Clause 31 Heritage conservation
Insert before clause 31 (1):
| (1A) | Objectives | |||||
| The objectives of this clause are as follows: | ||||||
|
[39] Clause 31 (2) (b1)
Insert after clause 31 (2) (b):
| (b1) | the development is making changes to the exterior of a heritage item, including in the case of a building making structural changes to the detail, fabric, finish or appearance of the building, or |
[40] Clause 31 Heritage conservation
Insert in appropriate order in the Table to the clause:
|
Station
| Carrington | Bullock Island Crane | 140 Bourke Street | Lot 5, DP 1104199 |
| Bases |
| Carrington | Former McMyler Hoist 140 Bourke Street | Lot 6, DP 1187086 |
| Carrington | Armstrong & Royce | 8 Cowper Street South | Part Lot 100, DP |
| Timber Mill | 1014244 | ||
| Carrington | Earp Woodcock | 8 Cowper Street South | Part Lot 100, DP |
| Beveridge & Co | 1014244 | ||
| (Industrial Site) | |||
| Carrington | Former Morrison | 92 Hill Street | Lot 11, DP 1023961 |
| Bearby Warehouse (facade only) | |||
| Kooragang | Palm | 2A Heron Road | Lot 1, DP 575674 |
| Mayfield North | Administration | 51 Industrial Drive | Lot 225, DP 1013964 |
| Buildings Nos 2, 3 and 4 | |||
| Mayfield North | No 1 Change House | 51 Industrial Drive | Lot 225, DP 1013964 |
| Mayfield North | 1st Mill Building | 51 Industrial Drive | Lot 225, DP 1013964 |
| Mayfield North | Tool Room | 133 Ingall Street | Lot 31, DP 1116571 |
| Mayfield North | Delprat’s Quarters | 133A Ingall Street | Lot 32, DP 1116571 |
| Mayfield North | Cycle Sheds for No 2 | 135 Ingall Street | Lot 2, DP 1032755 |
| Rod Mill | |||
| Mayfield North | Apprentice Training | 135 Ingall Street | Lot 2, DP 1032755 |
| Centre | |||
| Mayfield North | Administration | 141 Ingall Street | Lot 1, DP 11116571 |
| Building, 1933 | |||
| Mayfield North | Master Mechanics | 99 Selwyn Street | Lot 4, DP 1177466 |
| Office | |||
| Mayfield North | Pattern Store | 99 Selwyn Street | Lot 4, DP 1177466 |
| Newcastle East (Coal | Nobbys Lighthouse, | Nobbys Road | Lots 1052, 1053 and |
| River Precinct) | Headland and | 1055, DP 1189091; | |
| Breakwater | R88721 | ||
| Newcastle East (Coal | Stone Boat Harbour | Wharf Road | Lot 100, DP 1190502 |
| River Precinct) | (Relic) |
[41] Schedule 1 Exempt development
Omit “dangerous goods” from clause 2 (1). Insert instead “liquids”.
[42] Schedule 1, clauses 2 (3), 3 (2) and 4 (3)
Omit “or 6” wherever occurring. Insert instead “, 6, 7, 8 or 9”.
[43] Schedule 1, clause 4 (2) (c)
Omit “to increase the flow rate to or from”. Insert instead “or dispensing facility to”.
[44] Schedule 1, clause 5 (2) (c)
Omit “an existing stormwater”. Insert instead “a stormwater”.
[45] Schedule 1, clause 6 (d)
Insert at the end of paragraph (c):
, or
| (d) | demolition of a heritage item. |
[46] Schedule 1, clause 7, note
Insert at the end of the clause:
Note. Approval is required under the Roads Act 1993 for work done on public roads and under the Road Transport Act 2013.
[47] Schedule 1, clause 8
Insert after clause 8 (2):
| (3) | The works must not affect the heritage value of any heritage item any more than is necessary to carry out the works. |
[48] Schedule 1, clause 11 (1)
Insert “and dispensing facilities” after “Fuel storage tanks”.
[49] Schedule 1, clause 12A
Insert after clause 12:
|
| (1) | Surveying works and works for the purpose of investigating the physical properties of soil, rock or seabed, including geotechnical investigation, and sediment sampling. |
| (2) | The development must disturb soil or vegetation only to the extent necessary to carry out the development. |
[50] Schedule 1, clause 15A (1)
Omit “and fixtures”. Insert instead “, fixtures and infrastructure”.
[51] Schedule 1, clause 16
Omit “ladders, ramps, fenders and mooring points”.
Insert instead “ladders, railings, catwalks, ramps, fenders, mooring infrastructure and cathodic protection systems”.
[52] Schedule 1, clause 17 (2) (b)
Omit “an existing stormwater”. Insert instead “a stormwater”.
[53] Schedule 1, clause 18A
Insert after clause 18:
|
| (1) | Preloading works for compression of soil before construction. | |||||||
| (2) | The development must: | |||||||
|
(i) virgin excavated natural material (VENM) within the meaning of Schedule 1 to the Protection of the Environment Operations Act 1997, or
(ii) fill that is permitted to be re-used under an exemption in force under the Protection of the Environment Operations (Waste) Regulation 2005.
[54] Schedule 1, clause 20 (1)
Insert “, environmental monitoring stations” after “noise walls”.
[55] Schedule 1, clause 20 (2) (b) and (3) and 21 (2) and Schedule 2, clause 3
| Insert “or an approval for a transitional Part 3A project that is an approved project” after “existing development consent” wherever occurring. |
[56] Schedule 1, clause 21 (1)
Omit “contamination certificate”. Insert instead “contamination statement”.
[57] Schedule 1, clause 21 (5)
Omit the subclause. Insert instead:
| (5) | In this clause: contamination statement means a statement issued by a qualified person, after considering any applicable guidelines made under section 105 of the Contaminated Land Management Act 1997, certifying that the land is suitable for the intended purpose of the development having regard to the contamination status of the land. qualified person means a person who has the competencies that are essential to contaminated site assessment and investigation as set out in the document entitled Schedule B9 Guideline on Competencies and Acceptance of Environmental Auditors and Related Professionals published by the National Environment Protection Council in 2013. |
[58] Schedule 1, clause 22
Omit “Railway”. Insert instead “The construction or installation of railway”.
[59] Schedule 1, clause 22A
Insert after clause 22:
|
The construction or installation of facilities for refrigerated containers.
[60] Schedule 1, clause 26
Insert “, earth berms” after “jersey barriers”.
[61] Schedule 1, clause 36 (2) (b)
Omit “an existing stormwater”. Insert instead “a stormwater”.
[62] Schedule 1, clause 37, heading
Insert “and train weighbridges” after “weighbridges”.
[63] Schedule 1, clause 37
Insert “or a train weighbridge” after “weighbridge”.
[64] Schedule 1, clause 38
| Omit “or above ground or overhead power facilities)”. Insert instead “) and stormwater drainage”. |
[65] Schedule 1, clause 38
Insert at the end of the clause:
| (2) | An overhead structure used to support a pipeline must be at a height that provides adequate clearance for road or rail traffic below the structure. |
[66] Schedule 2 Complying development
| Omit “contamination certificate” from clause 1 (1). Insert instead “contamination statement”. |
[67] Schedule 2, clause 1 (2)
Insert “, if the land on which the development is carried out is subject to a contamination statement or the development does not involve any disturbance of soil” after “boating facilities”.
[68] Schedule 2, clause 1 (4A)
Insert after clause 1 (4):
| (4A) | This clause does not apply to the erection and use of a building of a kind that is not within a classification of building under the Building Code of Australia. |
[69] Schedule 2, clause 1 (5)
Omit the subclause. Insert instead:
| (5) | In this clause: contamination statement means a statement issued by a qualified person, after considering any applicable guidelines made under section 105 of the Contaminated Land Management Act 1997, certifying that the land is suitable for the intended purpose of the development having regard to the contamination status of the land. qualified person means a person who has the competencies that are essential to contaminated site assessment and investigation as set out in the document entitled Schedule B9 Guideline on Competencies and Acceptance of Environmental Auditors and Related Professionals published by the National Environment Protection Council in 2013. |
[70] Schedule 2, clause 4
Insert at the end of the clause:
Note. All the land shown on the Height of Buildings Map is at Port Botany.
[71] Schedule 2, clause 6
Omit “and Port Kembla”. Insert instead “, Port Kembla and the Port of Newcastle”.
[72] Schedule 2, clause 9A
Renumber as clause 32 and transfer to the end of Part 2 of the Schedule.
[73] Schedule 2, clause 11 (1)
Omit “used to store dangerous goods and storage of dangerous goods in those tanks”.
[74] Schedule 2, clauses 11 (1) (b) and 12 (1) (b)
Insert “, 8 or 9” after “class 3” wherever occurring.
[75] Schedule 2, clause 11 (1) (d)
Insert “and AS 3846—2005, The handling and transport of dangerous cargoes in port areas” after “The storage and handling of liquefied natural gas”.
[76] Schedule 2, clause 12 (1)
Insert “, if any applicable hazard analysis or hazard operability study referred to in subclause (2) or (3A) has been prepared” after “the following”.
[77] Schedule 2, clause 12 (3) and (3A)
Omit clause 12 (3). Insert instead:
| (3) | A hazard analysis is not required to be prepared under this clause if a hazard analysis of that kind has been previously prepared for the storage of a liquid in the tank, being a liquid that is of the same or of a higher level of hazard than the liquid proposed to be stored in the tank, and the change is not to or from a liquid that is dangerous goods of class 8 or 9 under Part 2 of the Australian Dangerous Goods Code. |
| (3A) | A hazard and operability study must be prepared by a qualified person approved by the Director-General for the purposes of this clause in accordance with the Hazardous Industry Planning Advisory Paper No 8, HAZOP Guidelines, dated January 2011 and published by the Department of Planning and Infrastructure on its website for any of the following changes: | |||
|
[78] Schedule 2, clause 12 (4)
Insert “and AS 3846—2005, The handling and transport of dangerous cargoes in port areas” after “The storage and handling of flammable and combustible liquids”.
[79] Schedule 2, clause 13 (1)
Insert “, 5, 6, 8 or 9” after “class 3”.
[80] Schedule 2, clause 13 (1) (c)
Omit “to increase the flow rate to or from”. Insert instead “or dispensing facilities to”.
[81] Schedule 2, clause 13 (1)
Insert “and any update specified in subclause (2A)” after “subclause (2)”.
[82] Schedule 2, clause 13 (2A) and (2B)
Insert after clause 13 (2):
| (2A) | If there is an existing fire safety study, it is sufficient for the purposes of subclause (2) (b) if the existing study is updated. | |||||
| (2B) | The study referred to in subclause (2) (b) and any update under subclause (2A) are only required if the tank is used to store any of the following liquids: | |||||
|
[83] Schedule 2, clause 13A
Insert after clause 13:
|
| (1) | The construction or installation of a conveyor system, including chutes, holding bins, hoppers, sampling stations and transfer buildings. |
| (2) | The conveyor system must be certified by a qualified engineer as having a satisfactory design and structural integrity. |
| (3) | An overhead structure that supports a conveyor must be constructed so as to provide adequate clearance for traffic below the structure. |
[84] Schedule 2, clause 14
| Omit “or crane rails” wherever occurring. Insert instead “, crane rails for a rail mounted crane or a fixed crane”. |
[85] Schedule 2, clause 15A
Insert “that is not to be used for the storage of dangerous goods” after “silo” in clause 15A (1).
[86] Schedule 2, clause 17A
Omit the clause. Insert instead:
|
| (1) | The erection of terminal facilities for the unloading, loading or discharge of freight (other than an excluded liquid) carried by road or rail, including a dump station or rail loading gantry crane. |
| (2) | The facility must be certified by a qualified engineer as having a satisfactory design and structural integrity. |
| (3) | For the purposes of this clause, excluded liquid means a combustible liquid, a liquid that is dangerous goods of class 1, 2, 3, 4, 5, 6, 7, 8 or 9 under Part 2 of the Australian Dangerous Goods Code, liquefied petroleum gas or liquefied natural gas. |
[87] Schedule 2, clause 18 (1)
Omit “contamination certificate”. Insert instead “contamination statement”.
[88] Schedule 2, clause 18 (5)
Omit the subclause. Insert instead:
| (5) | In this clause: contamination statement means a statement issued by a qualified person, after considering any applicable guidelines made under section 105 of the Contaminated Land Management Act 1997, certifying that the land is suitable for the intended purpose of the development having regard to the contamination status of the land. qualified person means a person who has the competencies that are essential to contaminated site assessment and investigation as set out in the document entitled Schedule B9 Guideline on Competencies and Acceptance of Environmental Auditors and Related Professionals published by the National Environment Protection Council in 2013. |
[89] Schedule 2, clause 18A, heading
Omit “associated belt conveyor systems”. Insert instead “cargo handling facilities”.
[90] Schedule 2, clause 18A (1)
Omit “belt conveyor system”. Insert instead “cargo handling facilities”.
[91] Schedule 2, clause 18A (2)
Omit “belt conveyor system”. Insert instead “cargo handling facility”.
[92] Schedule 2, clause 18B
Insert after clause 18A:
|
| (1) | The construction or installation of a stacker-reclaimer, stacker or reclaimer and facilities for their operation. |
| (2) | The stacker-reclaimer, stacker or reclaimer must be certified by a qualified engineer as having a satisfactory design and structural integrity. |
[93] Schedule 2, clause 19A
Insert after clause 19:
|
| (1) | The erection of, or alterations to, a wharf, working platform or infrastructure, including dolphins, for the purpose of berthing or mooring a vessel. | |||
| (2) | The design of the wharf or infrastructure must: | |||
|
(i) AS 4997—2005, Guidelines for the design of maritime structures,
| (ii) |
|
Part 1: Permanent, imposed and other actions,
(iii) AS 3600–2009, Concrete structures,
(iv) AS 4100–1998, Steel structures.
[94] Schedule 2, clause 21 (d)
Omit the paragraph. Insert instead:
| (d) | to control dust emissions from the site, suitable measures must be taken to suppress dust or mitigate the effect of dust emissions prior to any demolition, excavation or building work, |
[95] Schedule 2, clause 21 (e) (v)
Omit the subparagraph. Insert instead:
(v) in the case of fill brought to the site, must use fill that contains only virgin excavated natural material (VENM) within the meaning of Schedule 1 to the Protection of the Environment Operations Act 1997 or fill that is permitted to be re-used under an exemption in force under the Protection of the Environment Operations (Waste) Regulation 2005.
[96] Schedule 2, clause 23, heading
Omit “associated belt conveyor systems, dry bulk storage silos and rail discharge terminals”.
Insert instead “bridges, conveyor systems, cranes, dry bulk storage silos, road and rail terminal facilities, ship loaders and unloaders, stacker-reclaimers, stackers, reclaimers, wharves and berthing infrastructure”.
[97] Schedule 2, clause 23 (1) (b)
Omit “or crane rails”. Insert instead “, crane rails for a rail mounted crane or a fixed crane”.
[98] Schedule 2, clause 23 (1) (c)
Omit “associated belt conveyor systems”. Insert instead “cargo handling facilities”.
[99] Schedule 2, clause 23 (1) (e)–(h)
Omit clause 23 (1) (e). Insert instead:
| (e) | road and rail terminal facilities, |
| (f) | a stacker-reclaimer, stacker or reclaimer, |
| (g) | wharves and berthing infrastructure, |
| (h) | a conveyor system. |
[100] Schedule 2, clause 23 (2)
Omit the subclause. Insert instead:
| (2) | The development is subject to the condition that a certificate by a qualified engineer must be provided to the principal certifying authority, on completion of the development and prior to the first use of the development, certifying that: | |||
|
[101] Schedule 2, clause 27 (1) (c)
Omit the paragraph. Insert instead:
| (c) | the commissioning and operation of the tanks must comply with the applicable recommendations of the studies referred to in clause 11 (2) and a certificate by a qualified person approved by the Director-General for the purposes of this paragraph must be provided to the principal certifying authority stating that the commissioning and operation of the tanks so complies, |
[102] Schedule 2, clause 27 (1) (d)
Insert “, by a qualified person approved by the Director-General for the purposes of this paragraph,” after “carried out”.
[103] Schedule 2, clause 27 (3)
Omit the subclause. Insert instead:
| (3) | The development is subject to the condition that a certificate by a qualified engineer must be provided to the principal certifying authority, on completion of the development and prior to the first use of the development, certifying that: | |||
|
[104] Schedule 2, clause 29
Insert “or dispensing facility” after “pipeline” wherever occurring.
[105] Schedule 2, clause 29 (a)
Insert “, on completion of the development and prior to the first use of the development,” after “must be provided”.
[106] Schedule 2, clause 29 (c)
Omit the paragraph.
[107] Schedule 2, clause 31
Insert after clause 30:
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| (1) | This clause applies to development on land containing a containment cell if the development is likely to cause the cell to be breached or otherwise damaged or to reduce the effectiveness of the cell. |
(2) The development is subject to the condition that an environmental management plan that provides for the following matters is prepared and approved by a site auditor before the development is commenced:
| (a) | the management of the construction process relating to any breach of or damage to the containment cell, including how exposed contaminated material is to be dealt with, |
| (b) | the process for reinstating the cell before completion of the development. |
| (3) | The development is also subject to the condition that: | |||
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| (4) | In this clause, site auditor, site audit report and site audit statement have the same meanings as they have in the Contaminated Land Management Act 1997. |
[108] Schedules 3 and 4
Omit the Schedules.
| Schedule 2 | Amendment of other environmental planning instruments |
| 2.1 | Newcastle Local Environmental Plan 2012 | |||||
| [1] | Schedule 5 Environmental heritage | |||||
| Omit the matter relating to the former Morrison Bearby Warehouse (facade only) from Part 1. | ||||||
| [2] | Schedule 5, Part 1 | |||||
| Insert in appropriate order: | ||||||
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Circuit
| 2.2 | State Environmental Planning Policy (Major Development) 2005 |
| [1] | Schedule 3 State significant sites |
| Omit Part 20. | |
| [2] | Schedule 7 Development that does not require consent under Part 4 |
| Omit clause 2. | |
| 2.3 | State Environmental Planning Policy (Infrastructure) 2007 |
| [1] | Clause 8 Relationship to other environmental planning instruments |
| Insert after clause 8 (3): |
| (4) | For the purposes of the carrying out of development on land within the Port of Newcastle Lease Area within the meaning of the State Environmental Planning Policy (Three Ports) 2013, clause 79 of this Policy prevails over the following environmental planning instruments to the extent of any inconsistency: | |||
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[2] Clause 67 Definitions
Omit the definitions of Port Botany area and Port Botany guidelines.
[3] Clause 67A Application of Division
Omit “State Environmental Planning Policy (Port Botany and Port Kembla) 2013 applies”.
Insert instead “State Environmental Planning Policy (Three Ports) 2013 applies, other than land that is within the City of Newcastle but not within the Port of Newcastle Lease Area under that Policy”.
[4] Clause 70 Exempt development
Omit “system, and” from clause 70 (h) (ii). Insert instead “system,”.
[5] Clause 70 (h) (iii)
Omit the subparagraph.
[6] Clause 70 (q)
Omit the paragraph. Insert instead:
| (q) | directional or safety signs that comply with AS 1319—1994, Safety signs for the occupational environment and AS 4282—1997, Control of the obtrusive effects of outdoor lighting, |
[7] Clause 70 (r) (ii)
Omit “graphic), and”. Insert instead “graphic),”.
[8] Clause 70 (r) (iii)
Omit the subparagraph.
[9] Clause 71 Complying development
Omit clause 71 (1) (d). Insert instead:
| (d) | fences or gates (including security boom gates) that have a height (when closed, in the case of boom gates) of not more than 5m above ground level (existing), |
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