Jemena Networks (NSW) Ltd

Jemena Networks (NSW) Ltd

Newcastle Gasworks Compliance Reporting

Construction Compliance Report

February 2020

GHD | Report for Jemena Networks (NSW) Ltd - Newcastle Gasworks Compliance Reporting, 12510239 | i

Compliance Report Declaration Form

Compliance Report Declaration Form

Project name Former Newcastle Gasworks (Clyde Street) Remediation Project

Project Application Number

SSD-7676

Description of Project The carrying out of remediation works including the construction of a subterranean barrier wall and capping layer to prevent groundwater contamination.

Project Address Lot 1 in DP 79057 and Lot 270 in DP 812689, 1 Chatham Road, Hamilton North

Proponent Jemena Networks (NSW) Ltd

Title of Compliance Report

Construction

Date 28 February 2020

I declare that I have reviewed relevant evidence and prepared the contents of the attached Compliance Report and to the best of my knowledge:

The Compliance Report has been prepared in accordance with all relevant conditions of

consent.

The Compliance Report has been prepared in accordance with the Compliance Reporting

Post Approval Requirements.

The findings of the Compliance Report are reported truthfully, accurately and completely.

Due diligence and professional judgement have been exercised in preparing the

Compliance Report.

The Compliance Report is an accurate summary of the compliance status of the

development.

Notes:

Under section 10.6 of the Environmental Planning and Assessment Act 1979 a person

must not include false or misleading information (or provide information for inclusion in) a

report of monitoring data or an audit report produced to the Minister in connection with an

audit if the person knows that the information is false or misleading in a material respect.

The proponent of an approved project must not fail to include information in (or provide

information for inclusion in) a report of monitoring data or an audit report produced to the

Minister in connection with an audit if the person knows that the information is materially

relevant to the monitoring or audit. The maximum penalty is, in the case of a corporation,

$1 million and for an individual, $250,000.

The Crimes Act 1900 contains other offences relating to false and misleading information:

section 307B (giving false or misleading information – maximum penalty 2 years’

imprisonment or 200 penalty units, or both).

Name of authorised reporting officer Jarrod Irving

Title Acting Project Director

Signature

Qualification BEng (Hon)

Company Jemena Gas Networks

Company address Lvl 14, 99 Walker Street, North Sydney

GHD | Report for Jemena Networks (NSW) Ltd - Newcastle Gasworks Compliance Reporting, 12510239 | ii

Version tracking

Revision Author Reviewer Approved for Issue

Name Signature Name Signature Date

0 L. Taylor E. Holland

S. Pearce

27/02/2020

1 L. Taylor E. Holland

S. Pearce

28/02/2020

GHD | Report for Jemena Networks (NSW) Ltd - Newcastle Gasworks Compliance Reporting, 12510239 | iii

Table of contents

1. Introduction .................................................................................................................................... 1

1.1 Project activity summary ...................................................................................................... 1

1.2 Key project personnel .......................................................................................................... 5

2. Construction compliance ................................................................................................................ 8

2.1 Conditions of consent – compliance table ........................................................................... 8

2.2 Date of commencement of Construction ............................................................................. 8

3. Non-compliances ........................................................................................................................... 9

4. Previous report action .................................................................................................................. 11

5. Incidents ....................................................................................................................................... 12

6. Complaints ................................................................................................................................... 13

Table index

Table 1-1 Key project details ................................................................................................................ 1

Table 1-2 Key personnel – Jemena and FCC ...................................................................................... 6

Table 2-1 Compliance status descriptors ............................................................................................. 8

Table 3-1 Summary of non-compliance during the reporting period.................................................... 9

Table 5-1 Summary of incidents for the reporting period ................................................................... 12

Table 6-1 Summary of complaints for the reporting period ................................................................ 13

Figure index

Figure 1 Project location .................................................................................................................... 2

Figure 2 Newcastle LEP 2012: Land zoning ...................................................................................... 3

Figure 3 Project overview ................................................................................................................... 7

Appendices

Appendix A – Construction Compliance Table

GHD | Report for Jemena Networks (NSW) Ltd - Newcastle Gasworks Compliance Reporting, 12510239 | 1

1. Introduction

Jemena Gas Networks (NSW) Ltd (Jemena) are currently completing remediation works to the

Former Newcastle Gasworks at 1 Chatham Road, Hamilton North (the Project). The Project is

located on Lot 1 DP 79057 and Lot 270 DP 812689 within the Newcastle Local Government

Area in the Lower Hunter region of New South Wales (NSW) (the Project area) (see Figure 1

and Figure 2).

The Former Newcastle Gasworks (Clyde Street) Remediation Project Environmental Impact

Statement (GHD, 2018a) was exhibited in August 2018, with the Former Newcastle Gasworks

(Clyde Street) Remediation Project Response to Submissions Report (GHD, 2018b) prepared in

December 2018. Development consent (SSD-7676) for the Project was issued under Division

4.7 of Part 4 (State significant development (SSD)) of the Environmental Planning and

Assessment Act 1979 (NSW) (EP&A Act) on 18 July 2019.

In accordance with the conditions of consent, this Construction Compliance Report (CCR) has

been prepared for submission to the Department of Planning, Industry and Environment (DPIE)

in accordance with Compliance Reporting, Post Approval Requirements June 2018 (DPIE,

2018). This report follows the Pre-construction Compliance Report, which was submitted to

DPIE on 23 September 2019 and was approved on 8 October 2019. This report forms part of

the Compliance and Reporting Program, which was submitted to DPIE on 25 July 2019.

Key project details for which this CCR covers are provided in Table 1-1 below.

Table 1-1 Key project details

Aspect Details

Project name Former Newcastle Gasworks (Clyde Street) Remediation Project

Project Application Number SSD-7676

Project address 1 Chatham Road, Hamilton

The Project is located on Lot 1 DP 79057 and Lot 270 DP 812689 within the Newcastle Local Government Area in the Lower Hunter region of New South Wales (NSW) (the Project area).

Project phase Construction

Dates covered 16 September 2019 – 31 January 2020

1.1 Project activity summary

September

Submission of post-approval documentation to DPIE (e.g. pre-construction compliance

report, pre-remediation dilapidation report)

Site mobilisation occurred on Monday, 16 September 2019, with activities including:

– Vegetation removal

– Former site residence demolition and temporary stockpiling prior to crushing and

screening completed in November

– Northern driveway establishment

– Protection of on-site heritage structures (e.g. fencing)

Site auditor endorsement of Validation Consultant (Ramboll) documents received as

interim audit advice on Monday, 16 September 2019

HAMILTONNORTH

HAMILTON

ISLINGTON

Chath

am R

oad

Boreas Road

Clyde Stree

t

Bates Street

Gow Street

Hamilton Street

Orien

t Roa

d

Emera

ld Str

eet

STYX CREEK

MAIN NORTHERN RAILWAY

LOT 1DP79057

LOT 270DP812689

Figure 1G:\22\17312\GIS\Maps\Deliverables\12510239\ConstructionComplianceReport\12510239_CCR001_Location_0.mxd

0 25 50 75 10012.5

Metres

LEGEND

© 2020. Whilst every care has been taken to prepare this map, GHD, LPI and Geoscience Australia make no representations or warranties about its accuracy, reliability, completeness or suitability for any particular purpose and cannot accept liability andresponsibility of any kind (whether in contract, tort or otherwise) for any expenses, losses, damages and/or costs (including indirect or consequential damage) which are or may be incurred by any party as a result of the map being inaccurate, incomplete or unsuitablein any way and for any reason.

Job NumberRevision 0

22-12510239

Date 27 Feb 2020oJemena Gas Networks (NSW) Ltd

Project location

Data source: LPI: DCDB & DTDB 2012. Nearmap: Aerial Imagery, 2015; Geoscience Australia: 250k Topographic Data Series 3 2006. Created by: fmackay, tmorton, pkiem, TMorton

Level 3, GHD Tower, 24 Honeysuckle Drive, Newcastle NSW 2300 T 61 2 4979 9999 F 61 2 4979 9988 E [email protected] W www.ghd.com.au

Map Projection: Transverse MercatorHorizontal Datum: GDA 1994Grid: GDA 1994 MGA Zone 56

Paper Size A4

Project areaCadastre

Site Location

Pacif ic Highway

Nelson Bay Road

Ma in R oad

Cabbage Tree Ro a d

Tomago Road

NEWCASTLE

TOMAGO

SANDGATE

STOCKTON

TARRO

MAYFIELD

CHARLESTOWN

HAMILTONBROADMEADOW

SOUTHPACIFICOCEAN

LOCALITY

Former Newcatle Gasworks (Clyde Street)Construction Compliance Report

HAMILTONNORTH

HAMILTON

ISLINGTON

Chath

am R

oad

Boreas Road

Clyde Stree

t

Bates Street

Gow Street

Hamilton Street

Orien

t Roa

d

Emera

ld Str

eet

STYX CREEK

MAIN NORTHERN RAILWAY

LOT 1DP79057

LOT 270DP812689

IN2

R2

SP2

IN2

SP2

RE1

B4

Figure 2G:\22\17312\GIS\Maps\Deliverables\12510239\ConstructionComplianceReport\12510239_CCR002_SiteZoning_0.mxd

0 25 50 75 10012.5

Metres

LEGEND

© 2020. Whilst every care has been taken to prepare this map, GHD, LPI, make no representations or warranties about its accuracy, reliability, completeness or suitability for any particular purpose and cannot accept liability andresponsibility of any kind (whether in contract, tort or otherwise) for any expenses, losses, damages and/or costs (including indirect or consequential damage) which are or may be incurred by any party as a result of the map being inaccurate, incomplete or unsuitablein any way and for any reason.


12510239


Newcastle LEP 2012: site zoning

Data source: LPI: DCDB & DTDB 2012. DoPI: LEP Zoning, 2014. Created by: fmackay, tmorton, TMorton



Paper Size A4

Project areaCadastre

LEP ZoningB4, Mixed UseIN2, Light Industrial

R2, Low DensityResidentialRE1, Public RecreationSP2, Infrastructure

Former Newcastle Gasworks (Clyde Street)Construction Compliance Report


Full time presence of Validation Consultant (Ramboll) from Monday, 23 September 2019

and ongoing throughout the CCR period

October

Community notifications issued and doorknock completed, with a community meeting

held Wednesday, 23 October 2019 with local residents in response to complaints

received (see Section 6)

Erosion and sediment controls fully installed (i.e. construction of on-site detention basin

and associated bunding)

Demolition of in-ground structures (i.e. concrete footings and slabs) progressively

undertaken and associated stockpiles consolidated ahead of crushing and screening

Consolidation of stockpiles resulting from phase 1 remediation activities ahead of

crushing and screening (commencing early November 2019)

Commencement of subgrade preparation, including and cut/fill works

Commencement of pre-trench excavation for the subterranean barrier wall

Commencement of proof-rolling sections of the Project area up to subgrade (i.e. in the fill

areas)

November

Regulator site visit on Tuesday, 19 November 2019 (i.e. EPA Hunter, City of Newcastle,

DPIE and contaminated sites team)

Community Notification No 3 – Progress Update – December 2019/January 2020 posted

on site noticeboard, Jemena website and distributed to surrounding properties

Crushing and screening of demolition waste

Ongoing excavation of the pre-trench for the barrier wall (350 metres completed of a total

510 metre length)

Ongoing demolition of in-ground structures (i.e. concrete footings and slabs)

progressively undertaken and associated stockpiles consolidated ahead of crushing and

screening

Material placement and preparation, including excavation of impacted material in the cut

zone and placement down gradient of the barrier wall

Ongoing subgrade preparation, including and cut/fill works

Trial pad construction commenced (i.e. to test the constructability for the capping system)

Excavation of the on-site detention basin

Completion of the site inspection (Wednesday, 13 November 2019) for the Independent

Environmental Audit conducted by AQUAS against relevant consent conditions (SSD

7676)

December

EPA issued a draft S44 notice proposing minor changes to the management order, which

was finalised Friday, 6 December 2019

Draft AQUAS IEA report issued for review on Friday, 20 December 2019




screening

Ongoing subgrade preparation, including and cut/fill works

Excavation of the pre-trench for the barrier wall completed

Material placement and preparation, including excavation of impacted material in the cut

zone and placement down gradient of the barrier wall

Trial pad construction finalised, with materials determined to be suitable for use

Ongoing excavation of the detention basin, including placement of the Geosynthetic Clay

Liner (GCL) and clay (ENM) over the top

January



screening

Use of on-site detention basin, with GCL and clay layer installed on-going

General earthworks (cut to fill)

Construction of the barrier wall platform

Subgrade preparation and marker layout placement

Import of virgin excavated natural materials (VENM)

Mobilisation for construction of the barrier wall, including commencement of trench works

and establishment of bentonite ponds

Final AQUAS IEA report issued for review on Thursday, 16 January 2020

Figure 3 provides an overview of the Project remediation activities completed during the

reporting period.

1.2 Key project personnel

The names and contact details for key personnel responsible for the environmental

management of the development are summarised in Table 1-2 below and includes Jemena (the

Proponent) and Ford Civil Contracting Pty Ltd (FCC) (the remediation contractor) personnel.


Table 1-2 Key personnel – Jemena and FCC

Name Role

Jemena

Oliver King Project Director

David Virtue Project Manager

Tom Breadon Project Engineer

Michael Moroney Senior HSE Advisor

Barbara Ferry-Smith Community Liaison Manager

FCC

Miguel Canas Project Director

Garry Andrews Project Manager

Andrew Wall Project Engineer

William McGrath Site Manager

Ben Ryan Site Engineer

Darryl Vane Nominated Asbestos Supervisor, as relevant

Lawrence Saliba Compliance Manager

Figure 3G:\22\17312\GIS\Maps\Deliverables\12510239\ConstructionComplianceReport\12510239_CCR003_Jan_EOM_0.mxd

0 10 20 30 40 505

Metres

LEGEND

© 2020. Whilst every care has been taken to prepare this map, GHD, Ford Civil, LPI and Geoscience Australia make no representations or warranties about its accuracy, reliability, completeness or suitability for any particular purpose and cannot accept liability andresponsibility of any kind (whether in contract, tort or otherwise) for any expenses, losses, damages and/or costs (including indirect or consequential damage) which are or may be incurred by any party as a result of the map being inaccurate, incomplete or unsuitablein any way and for any reason.


22-12510239


Completion of WorksEoM January 2020 (Ford Civil, Feb, 2020)

Data source: EOM Works: Ford Civil, 2020. LPI: DCDB & DTDB 2012. Nearmap: Aerial Imagery, 2015; Geoscience Australia: 250k Topographic Data Series 3 2006. Created by: fmackay, tmorton, pkiem, TMorton



Paper Size A4

Former Newcatle Gasworks (Clyde Street)Construction Compliance Report


2. Construction compliance

2.1 Conditions of consent – compliance table

The compliance table (Appendix A) demonstrates compliance with conditions of consent

required for the Project. The Table in Appendix A identifies:

Each condition of approval relevant to pre-construction

The compliance status of the condition

The monitoring methodology for the condition, as relevant

The evidence of compliance with the condition

The evidence presented in Appendix A demonstrates that all conditions of approval relevant to

pre-construction are compliant.

The status of each compliance requirement applicable during the reporting period has been

recorded in accordance with the descriptors in Table 2-1 below.

Table 2-1 Compliance status descriptors

Status Description

Compliant The proponent has collected sufficient verifiable evidence to demonstrate that all elements of the requirement have been complied with.

Non-compliant

The proponent has identified a non-compliance with one or more elements of the requirement.

Not-triggered

A requirement has an activation or timing trigger that has not been met at the phase of the development when the compliance assessment is undertaken, therefore an assessment of compliance is not relevant.

2.2 Date of commencement of Construction

Construction began on site on 16 September 2019.


3. Non-compliances

A summary of the Project’s non-compliances during the reporting period are discussed in Table

3-1. All of the non-compliances listed below were identified in the Independent Environmental

Audit (IEA) undertaken by AQUAS on 13 November 2019. Jemena formally response to the

non-compliances identified in the AQUAS audit on 6 December 2019, which was accepted by

AQUAS and submitted to DPIE on 17 February 2020.

Conditions A12, B37, B43 and C18 have been closed out during the reporting period. Therefore,

relevant reporting in Appendix A identifies Jemena as now being compliant with these

conditions, with commentary included to reflect the results of the IEA summarised in Table 3-1.

Actions to address non compliances for conditions B19, B31, C4 and C8 have been accepted

by AQUAS and would be re-considered in the next audit scheduled for April 2020.

Table 3-1 Summary of non-compliance during the reporting period

Condition Description Action Risk

A12 The AQUAS IEA identified that WHS plan approved by DPI&E was Rev D (dated 27/01/19). However, this plan had been updated to address comments from Jemena, with the current version being Rev 01 (dated 21/09/19).

The revised WHS plan had not been submitted to, and approved by, DPIE.

The Work Health and Safety Plan (WHSP) has been revised (Rev. 02) to include links to the AECOM Occupational Health and Hygiene Management Plan and updates to the code of practice document.

The revised plan was submitted to DPIE on 23/01/2020, with approval received on 03/02/2020.

Non-compliant (ANC)

B19 The AQUAS IEA identified there was no documentary evidence available to confirm inspections of signs and devices in accordance with the commitments in Section 7 of the Construction Traffic Management Plan (CTMP).

The Daily Checklist – Traffic Control at Short Term Worksites form has been updated to include inspections of signs and devices, in accordance with the CTMP.

Non-compliant (ANC)

B31 The Waste Management Plan (WMP) commits to monthly compliance audits by the FCC Project Manager, or delegate. The AQUAS IEA identified monthly compliance audits have not been conducted.

Waste compliance audits are now conducted on a monthly basis in accordance with the WMP.

Non-compliant (ANC)

B37 Records do no clearly show that dust observations were conducted as per this condition.

The FCC daily data field sheet has been updated to specifically include observations of dust. This was verified by AQUAS during the conduct of the audit and is now compliant.

Non-compliant (ANC)

B43 The noise and vibration monitoring program was not implemented as per the Construction Noise and Vibration Management Plan (CNVMP).

The CNVMP has been revised (Rev 02) to reflect the current monitoring program and resubmitted to DPIE for approval on 23/01/2020, with approval received on 03/02/2020.

Non-compliant (ANC)


Condition Description Action Risk

C4 The Remediation Works Environmental Management Plan (RWEMP) notes in section 6.11.1 that audits will be conducted throughout the remedial works program and scheduled in advance to capture high risk work items. No audit schedule was presented. In addition, Form-21 – Inspection Weekly Site Safety and Environmental Impact does not specifically note the inspection of dust, mud tracking onto public roads, heritage, biosecurity and odour.

An audit schedule has been developed by Jemena and FCC to target audits of high risk work.

The FCC Daily Field Data Sheet has been updated to specifically include observations of dust, perimeter condition (including footpath/road), heritage structures, odour observations, and gives the ability for the FCC Engineers to include observations of biosecurity issues on the form.

Traffic observations are recorded on the Daily Checklist – Traffic Control at Short Term Worksites.

Non-compliant (ANC)

C8 On 12/11/2019 Jemena notified DPIE regarding the tracking of dirt on street on 17 October 2019. The notification of the non-compliance was reported to DPIE more than seven days after the event, resulting in a non-compliance.

Jemena will ensure that any future non-compliances are notified to the Compliance section of DPI&E within seven days of Jemena becoming aware of any non-compliance.

Associated records would be reviewed in the AQUAS IEA.

Non-compliant (ANC)

C18 The following were not posted on website at least 48 hours before the commencement of construction:

Letter of REMP and management plans approval

Compliance and Monitoring Program

Audit Program Conservation Management

Plan

The Jemena website has been updated to include the identified documents on the website. This was enacted shortly after the audit, per email confirmation provided to AQUAS on 14 November 2019.

Evidence of compliance was accepted by AQUAS during the conduct of the IEA.

Non-Compliant

(ANC)


4. Previous report action

Not applicable, the Pre-construction compliance report did not identify any relevant actions.


5. Incidents

A summary of incidents recorded during the reporting period are detailed in Table 5-1.

Table 5-1 Summary of incidents for the reporting period

# Date Reporting pathway

Summary Response Status

01 17/10/2019 DPIE Dirt was tracked from site onto a public road.

Jemena implemented relevant controls to remove dirt from the roadway, with notification to DPIE issued 12/11/2019.

Jemena have since put additional controls in place to ensure this repeat will not be repeated.

Closed


6. Complaints

A summary of complaints recorded during the reporting period are detailed in Table 6-1 below.

Table 6-1 Summary of complaints for the reporting period

Category Via Date Summary Actions/Mitigation Status

Dust Email 11/10/2019 Resident (Hamilton North) concerned about dust from the site, and asked if we are undertaking Air Quality testing.

Explained Dust mitigation measures are constant, and that the Project is monitoring Air Quality on the project boundaries, which is reviewed daily.

Closed

Dust Indirect 14/10/2019 Resident (Hamilton North) concerned about dust from the site, specifically brown dust. Resident also requested further information about the history and background to the Project.

Resident was followed up (indirect complaint) to explain dust mitigation measures and Air Quality monitoring underway. Offered a personal meeting to explain the project background and answer questions.

A meeting was held on 23/10 whereby Jemena answered concerns raised.

Closed

Truck Movements

1800 15/10/2019 Resident (Hamilton North) concerned about trucks passing their home and causing damage.

Trucks are using the approved truck route. Jemena will follow up to ensure speed limits are being adhered too, and driver behaviour is courteous. Jemena unable to assist in repairing Council roads, however will pass on this feedback to Council at next opportunity.

Closed

Vibration 1800 15/10/2019 Resident (Hamilton Nth) concerned about vibrations from machinery impacting their home foundations.

Explained Vibration monitoring criteria and limits set to protect heritage structures on the property, nearby homes, as well as public infrastructure.

Closed

Dust 1800 18/10/2019 Resident (Georgetown) concerned about dirt tracking out of the driveway onto road. Stones are dangerous for bike riders.

Explained that we were addressing this issue, and had stopped trucks whilst we clean up the driveway and reassess the cleaning of trucks before exiting.

Closed

Dust Indirect 18/10/2019 Resident (Tighes Hill) concerned about dirt tracking from driveway causing dust.

Detailed response via Email (indirect) explaining measures to halt trucks whilst the tracking of dirt is cleaned up.

Closed

Dust 1800 21/10/2019 Resident (Georgetown) concerned as Cyclist of dirt, dust and stones on road. Dirt near driveway has been cleaned, but not further up Clyde street.

Explained that we had stopped trucks whilst we clean area. Will ensure we now clean further up the road as noted.

Closed



Dust 1800 & Email

22/10/2019 Resident (Hamilton Nth) called on behalf of some Mum’s from local school concerned about their children breathing the dust.

Explained dust mitigation and monitoring of air quality – with no exceedances. Agreed to follow up with local school and include on Project mailing list. Local School included Project details & contacts in Newsletter (on 6 Nov).

Closed

Vibration 1800 14/11/2019 Resident called on 1800no. - felt vibrations in her house.

Review of work – vibratory roller being used, and vibration monitoring results lower than allowable limit.

Closed

Odour 1800 18/11/2019 Resident called on 1800 number noticed tar like smell for approx. last month.

Review of Odour mitigations – suppressants being used constantly now over the site. CLM did odour patrol of Gow Street, Hamilton, Newcastle on 19/11 with no significant odour identified at time.

Closed

Odour Indirect 21/11/2019 Resident called EPA to advise of Odours over past 2 weeks.

Advised of likely timing of works and odour mitigations. Agreed to include on Email.

Closed.

Odour Text 21/11/2019 Resident txt to say odour uncomfortable at 8.45pm.

Advised resident we would review first thing Friday 22/11/2019. Held on-site meeting to discuss and agree odour management.

Closed

Odour Indirect 22/11/2019 Resident called EPA to advise of Odour on 22 Nov. Resident called Project on 27/11/2019 to discuss details of original complaint.

Voice mail left at 2:06 pm on 22/11/2019 and 8:48 am on 25/11/2019. Text message sent at 8:50 am on 25/11/2019. Resident returned call on 27/11/2019. Agreed mitigations were working now and appreciated the responsiveness.

Closed

Odour 1800 22/11/2019 Resident called 1800 number and advised of ‘arsenic’ type odour in Clyde St area.

Review of odour mitigations with suppressants reviewed. Agreed to put monitoring results on noticeboard.

Closed

Odour 1800 27/11/2019 Resident called 1800 number and advised of ‘arsenic’ type of odour in Clyde St area.

Review and increase of odour mitigations. Provided details of notifications & fact sheets to resident.

Closed

Odour 1800 27/11/2019 Resident called to say noticeable odour this week, and could we please review.

Review and increased odour mitigations. Closed

Truck movements

Email 05/12/2019 Resident emailed to raise concerns about a large truck entering the southern driveway.

Reviewed timing of movement and advised resident this was within Project approvals. Offered to ensure truck driver behaviours are courteous and site will monitor.

Closed

Odour Email 18/12/2019 Resident emailed to advise of odours being experience at various times over past few months.

Explained to resident the mitigations that were being used to manage odour as best possible, as well as monitoring undertaken. Advised this odour is not a health concern.

Closed



Truck movements

In person

10/01/2020 Resident approached Traffic Controller on site, and was angry at the impacts the trucks were having to their property as they were entering the site.

Agreed with resident it is best to call or email the Community contact and speak to the CLM, as the best person to investigate and facilitate concerns. Agreed to workshop ways to reduce the impact of truck movements on the project neighbours.

Closed, however ongoing monitoring is being undertaken.

Odour 1800 14/01/2020 Resident advised of unpleasant odours today and is not happy with experiencing odour over the past couple of months.

Reviewed mitigations on site – odour related to slab/foundation unexpected find. Will increase controls and limit further. Wind conditions towards the west. Visited resident on 15 January to seek feedback on improvements. At the time odour was present but slightly better.

Closed

GHD | Report for Jemena Networks (NSW) Ltd - Newcastle Gasworks Compliance Reporting, 12510239

Appendices


Appendix A – Construction Compliance Table


Table A-1 Compliance table

Condition Compliance requirement Status Relevant Document

Document number/details

Commentary

A1 In addition to meeting the specific performance measures and criteria in this consent, all reasonable and feasible measures must be implemented to prevent, and if prevention is not reasonable and feasible, minimise, any material harm to the environment that may result from the construction and operation of the development, and any rehabilitation required under this consent.

Compliant IEA Report AQ1254 (Rev-01, 16/01/2020)

The independent audit conducted by AQUAS found no material harm to the environment was reported.

A2 The development may only be carried out:

(a) in compliance with the conditions of this consent

(b) In accordance with all written directions of the Planning Secretary

(c) in accordance with the EIS and Response to Submissions

(d) in accordance with the Development Layout in Appendix 1

(e) in accordance with the management and mitigation measures in Appendix 2


The CNVMP was identified as a non-compliance in the IEA as noise and vibration monitoring was not being undertaken in accordance with the plan. The plan was updated to reflect these changes and submitted to DPIE on 23/01/2020 and was approved on 03/02/2020. Now compliant with this requirement.

The WHSP was identified as non-compliant in the IEA. The WHSP (document number: GAS-1299-PA-HSE-001) was amended to address the non-compliance and submitted to DPIE on 23/01/2020 and was approved on 03/02/2020. Now compliant with this requirement.

The CTMP was identified as non-compliant in the IEA. The CTMP has been updated and was submitted to DPIE on 22/01/2020 and approved on 24/01/2020. Now compliant with this requirement.

Work health and safety plan (WHSP)

1818-01whs (Rev 2 ,26/11/2019) / GAS-1299-PA-HSE-001

Construction Traffic Management plan (CTMP)

GAS-1299-PA-PM-001 (V1.10, 20/01/2020)

Air Quality management (AQMP)

60582210 (Rev 2, 22/01/2020).

Construction noise and vibration management plan (CNVMP)

60582210 (Rev 2, 22/01/2020)

Occupational Health and Hygiene Management Plan (OHHMP)

60582210 (Rev 0, 21/11/2018)

Remediation Works Environmental Management Plan (RWEMP)

GAS-1299-PA-EV-005 (Rev 2 22/01/2020)

Waste Management Plan (WMP)

60582210 (Rev.3, 01/08/2019).




Commentary

Soil and Water Management Plan (SWMP)

GAS-1299-PA-EV-003 (Rev 2 22/01/2020)

Remediation Works Plan (RWP)

GAS-1299-PA-EV-004 (Rev 3 01/08/2019)

Conservation management plan (CMP)

Issue B (06/2019)

A3 Consistent with the requirements in this consent, the Planning Secretary may make written directions to the Applicant in relation to:

(a) the content of any strategy, study, system, plan, program, review, audit, notification, report or correspondence submitted under or otherwise made in relation to this consent, including those that are required to be, and have been, approved by the Planning Secretary.

(b) the implementation of any actions or measures contained in any such document referred to in condition A3(a).


The IEA that plans have been approved by planning secretary.

A4 The conditions of this consent and directions of the Planning Secretary prevail to the extent of any inconsistency, ambiguity or conflict between them and a document listed in condition A2(c) or A2(d). In the event of an inconsistency, ambiguity or conflict between any of the documents listed in condition A2(c) and A2(d), the most recent document prevails to the extent of the inconsistency, ambiguity or conflict.

Not triggered

No inconsistency, ambiguity or conflict has been identified.

A5 This consent lapses five years after the date from which it operates, unless the development has physically commenced on the land to which the consent applies before that date.


Construction began on the 16/09/2019 and will be completed within five years of this date.

A6 The construction of the subterranean barrier wall and capping layer shall be undertaken over a maximum period of one year from the date of commencement of the remediation works, unless otherwise agreed with the Planning Secretary. The Applicant shall notify the Planning Secretary in writing upon the commencement of remediation works.

Compliant Correspondence from Jemena advising date of commencement of works.

Date of commencement was communicated to the Planning Secretary on 29/07/2019.

Jemena have forecast the completion of works to be 05/05/2020, which falls within a one year period from the commencement of the remediation works.




Commentary

A7 The date of commencement of each of the following phases of the development must be notified to the Department in writing, at least one month before that date:

(a) construction phase of remediation works.

(b) completion of construction activities associated with the remediation works.

Compliant Correspondence from Jemena providing notification for each stage (based on FCC’s work program)


Jemena notified the Department of their proposed start date more than a month in advance. No additional reporting is required as the remediation is not being conducted in stages.

Sub-clause (b) will be assessed for compliance in the Operation compliance report, which will be completed as part of the LTEMP.

A8 If the construction or operation of the remediation works is to be staged, the Department must be notified in writing at least one month before the commencement of each stage, of the date of commencement and the development to be carried out in that stage.

Compliant Correspondence from Jemena providing notification for each stage (based on FCC’s work program)


As above.

A10 Upon the commencement of development to which this consent applies, and before the surrender of existing development consents or project approvals required under condition A9, the conditions of this consent prevail to the extent of any inconsistency with the conditions of those consents or approvals.

Compliant IEA Report AQ1254 (Rev-01, 16/01/2020).

Independent audit found that works are being conducted in accordance with the conditions of SSD7676.

A11 Where conditions of this consent require consultation with an identified party, the Applicant must:

(a) consult with the relevant party prior to submitting the subject document to the Planning Secretary for approval; and

(b) provide details of the consultation undertaken including:

(i) the outcome of that consultation, matters resolved and unresolved; and

(ii) details of any disagreement remaining between the party consulted and the Applicant and how the Applicant has addressed the matters not resolved.

Compliant Refer to relevant conditions of consent below

Relevant conditions requiring consultation or approvals include Conditions, A18, A23, B11, B19, B32, B37, B40, B43, B47, C1, C2, C3, C5, C7, C8.

Refer to relevant conditions of consent below.




Commentary

A12 With the approval of the Planning Secretary, the Applicant may:

(a) prepare and submit any strategy, plan or program required by this consent on a staged basis (if a clear description is provided as to the specific stage and scope of the development to which the strategy, plan or program applies, the relationship of the stage to any future stages and the trigger for updating the strategy, plan or program).

(b) combine any strategy, plan or program required by this consent (if a clear relationship is demonstrated between the strategies, plans or programs that are proposed to be combined).

(c) update any strategy, plan or program required by this consent (to ensure the strategies, plans and programs required under this consent are updated on a regular basis and incorporate additional measures or amendments to improve the environmental performance of the development).


The IEA found that the WHS plan used on site (Rev01 21/09/19) was not the WHS plan approved by DPIE (Rev D. 27/01/19). The WHS plan has been updated and was submitted to DPIE on 23/01/2020. This plan was approved by DPIE on 03/02/2020 and is now compliant.

The CNVMP was updated and submitted to DPIE as part of the RWEMP on 23/01/2020 and approved on 03/02/2020. Now compliant with this requirement.

WHSP 1818-01whs (Rev 2, 26/11/19) / GAS-1299-PA-HSE-001

CNVMP 60582210 (Rev 2, 22/01/2020)

A13 If the Planning Secretary agrees, a strategy, plan or program may be staged or updated without consultation being undertaken with all parties required to be consulted in the relevant condition in this consent.

Not triggered

Not triggered

A14 If approved by the Planning Secretary, updated strategies, plans or programs supersede the previous versions of them and must be implemented in accordance with the condition that requires the strategy, plan or program.

Compliant WHSP 1818-01whs (Rev 2,26/11/2019) / GAS-1299-PA-HSE-001

The WHS plan was updated to include links to the AECOM OHHMP. The revised plan was resubmitted to DPIE on 23/01/2020 and approved on 03/02/2020.

The CNVMP was updated and submitted to DPIE as part of the RWEMP on 23/01/2020 and approved on 03/02/2020.

CNVMP 60582210 (Rev 2, 22/01/2020)

A16 Unless the Applicant and the applicable authority agree otherwise, the Applicant must:

(a) repair, or pay the full costs associated with repairing, any public infrastructure that is damaged by carrying out the development.

(b) relocate, or pay the full costs associated with relocating, any public infrastructure that needs to be relocated as a result of the development.

Not triggered

Not triggered




Commentary

A17 All demolition must be carried out in accordance with Australian Standard AS 2601-2001 The Demolition of Structures (Standards Australia, 2001).

Compliant FCC demolition plan (which identifies and complies with the Australian Standard)

FCC demolition plans dated 21/08/2019

FCC demolition plans and associated licenses comply with Australian standards and satisfy the conditions of this condition.

Demolished by Ford Civil Demolition Licence

AD200182

Friable Asbestos Removal licence

AD21162

Weekly inspection report

Not applicable

A18 The Applicant must ensure that all of its employees, contractors (and their sub-contractors) are made aware of, and are instructed to comply with, the conditions of this consent relevant to activities they carry out in respect of the development.

Compliant RWEMP GAS-1299-PA-EV-005 (Rev 2 22/01/2020)

Addressed in Section 5.6 of the RWEMP.

The IEA found that site induction covers all conditions of consent.

Examples of SWMS include dilapidation survey (Rev 0 doc ID. 1921 23/05/19) and Earthworks (1845, Rev. 0 07/05/19).

Site induction materials

N/A- No document ID available

SWMS/FCC Operating procedures

Various document numbers

A19 All plant and equipment used on site, or to monitor the performance of the development, must be:

(a) maintained in a proper and efficient condition; and

(b) operated in a proper and efficient manner.


WHSP details how plant and equipment will be used on site and monitored for performance, as well how they will be maintained. Monitoring servicing documentation for plant and equipment would be retained on-site during remediation works.

Records of servicing and maintenance verified in the IEA.

Daily pre-start checklists

Form 13- plant and equipment inspection. Civil contractors plant daily inspection- Fault report

Plant service/maintenance records

Records verified during audit




Commentary

Noise/vibration/ dust monitoring records, as relevant

https://jemena.com.au/about/projects/remediation-project/clyde-street/environmental-monitoring-data

A20 Before the construction of any utility works associated with the development, the Applicant must obtain relevant approvals from service providers.


A stormwater pipe is being installed into Styx Creek.

Gained Authority to Proceed in email from Hunter Water dated 20/01/2020. Complex work deed remains has not been executed yet and remains ongoing.

HWC Complex Work Deed

2019-33 – ongoing.

A21 References in the conditions of this consent to any guideline, protocol, Australian Standard or policy are to such guidelines, protocols, Standards or policies in the form they are in as at the date of this consent.


Statutory requirements detailed in section 4 of the RWEMP.

A22 However, consistent with the conditions of this consent and without altering any limits or criteria in this consent, the Planning Secretary may, when issuing directions under this consent in respect of ongoing monitoring and management obligations, require compliance with an updated or revised version of such a guideline, protocol, Standard or policy, or a replacement of them.

Not triggered

No directions have been issued.

A23 All licences, permits, approvals and consents as required by law must be obtained and maintained as required for the development. No condition of this consent removes any obligation to obtain, renew or comply with such licences, permits, approvals and consents.

Compliant ARTC Licence to Enter Corridor

No. 65/285/4752 Jemena to comply, as relevant.

Hunter Water Trade Waste Agreement

Ref. 2007-489/1

Issued 15/03/2016

Bore Licence Certificate

No. 20BL174008

Issued 5/03/2019, valid to 4/03/2020

Friable Asbestos Removal licence

AD21162

Demolished by Ford Civil Demolition Licence

AD200182









Commentary

B9 The Applicant must ensure that all remediation works are carried out in accordance with NSW Work Health and Safety Regulation 2017 (WHS Regulation).

Compliant Work Health and Safety Plan (WHSP)

1818-01whs (Rev 2,26/11/2019) / GAS-1299-PA-HSE-001

Works confirmed to be compliant with this condition through weekly WHS & Occupational Hygiene inspections. The WHSP was confirmed to be implemented in the IEA.

Examples of SWMS include dilapidation survey (Rev 0 doc ID. 1921 23/05/19) and Earthworks (1845, Rev. 0 07/05/19).

Occupational Health and Hygiene Management Plan (OHHMP)

60582210 (Rev 0, 21/11/2018)

Occupational hygiene data (e.g. monitoring results)


SWMS Various document numbers

Toolbox talk records

N/A

B11 The Applicant must:

(a) not commence remediation works until the HSP required by Condition B10 is approved by the Planning Secretary; and

(b) implement the most recent version of the HSP approved by the Planning Secretary.


HSP submitted to DPIE by D. Virtue 23/01/2020. Approved by DPIE in letter dated 03/02/2020. The IEA found that the remediation works were being undertaken were compliance to this condition.

No document ID numbers are available for the toolbox talks, induction records and PPE registers. The independent audit found that these registers are kept and that they can be produced on request.

Correspondence provided from DPIE verifying compliance

Approved via letter dated 03/02/2020

Toolbox talks N/A – No document ID applicable

Induction records N/A – No document ID applicable

Updates to SWMS/HASP

Various document numbers – see condition B9

PPE registers N/A – No document ID applicable









Commentary


(a) ensure that only VENM, ENM, or other material approved in writing by EPA or site auditor is brought onto the site;

(b) keep accurate records of the volume and type of fill to be used; and

(c) make these records available to the Department upon request

Compliant Imported material tracking form, as well as a summary in the validation report.

N/A – No document ID applicable

WMP 60582210 (Rev.3, 01/08/2019)

B14 Prior to the completion of remediation works, the Applicant must design, install and operate a stormwater management system for the development. The system must:

(a) be designed by a suitably qualified and experienced person(s).

(b) be prepared in consultation with Council and Hunter Water Corporation.

(c) be generally in accordance with the conceptual design in the EIS.

(d) be in accordance with applicable Australian Standards.

(e) ensure that the system capacity has been designed in accordance with Australian Rainfall and Runoff (Engineers Australia, 2016) and Managing Urban Stormwater: Council Handbook (EPA, 1997) guidelines.

Not triggered

Drawings NL172903 C00.CC (Rev A. 26/03/2019)

The Jemena Site Works Plans (which incorporate the plans for the stormwater management system) assembled by Northrop Consulting Engineers PTY LTD were approved by DPIE on 18/07/2019.

As the remediation works have not been completed, this condition will be assessed for compliance in the Pre-Operation Compliance Report (POCR).

Inspection and Test Plan (ITP)

QC Sheet – Developed by Ford Civil, Menard, Douglas Partners. Derived from the inspection and test plan.

Correspondence verifying consultation with Council and Hunter Water Corporation

Ongoing

B16 The development must comply with section 120 of the POEO Act, which prohibits the pollution of waters, except as expressly provided for in an EPL.



Incident and Complaint details, if relevant

Refer to Sections 5 & 6

B17 Any spills must be contained and disposed of at a licenced facility. Not Triggered

RWEMP GAS-1299-PA-EV-005 (Rev 2 22/01/2020)





Commentary


(a) not commence remediation works until the CTMP required by condition B18 is approved by the Planning Secretary; and

(b) implement the most recent version of the CTMP approved by the Planning Secretary for the duration of remediation works.

Compliant CTMP GAS-1299-PA-PM-001 (V1.10, 20/01/2020)

The IEA identified there was no documentary evidence available to confirm inspections of signs and devices in accordance with the commitments in Section 7 of the Construction Traffic Management Plan. In response to this, FCC have updated the Daily Checklist -Traffic Control at Short Term Worksites form to include to include inspections of signs and devices. Records will be verified in the next IEA

The current version of the CTMP is Version 1.10 dated 20/01/2020 and was approved by DPIE on 24/01/2020. Jemena is now compliant with this requirement.


Approved via letter from DPIE on 24/01/2020

B20 The Applicant must ensure that:

(a) the development does not result in any queuing on the public road network unless otherwise approved by Council;

(b) all vehicular movement to and from the site must be in a forward direction;

(c) the swept path of the longest vehicle entering and exiting the site, as well as manoeuvrability through the site, is in accordance with the relevant AUSTROADS guideline;

(d) all loading and unloading of materials are carried out on-site in designated areas; and

(e) vehicle manoeuvring areas must always be kept clear of any obstacles, including parked cars.


The current version of the CTMP is Version 1.10 dated 20/01/2020 and approved by DPIE on 24/01/2020.

The procedures for traffic inspections and monitoring on site are outlined in sections 6.1 and 6.1 of the CTMP. Section 6.9 of the RWEMP also provides monitoring and reporting requirements.

Inspections to be carried out at peak truck movements only, as per program

GAS-1299-PA-PM-001 (V1.10, 20/01/2020)




Commentary

B25 Any proposed paving works within the public footway are to be in accordance with the requirements of Council’s specifications and standards.

Compliant Completion report from FCC to Jemena (photos etc.)

N/A The IEA noted that Newcastle City Council has inspected the footpaths and provided no comments.

Road opening permit

RA2019/00272.01

B26 The Applicant must provide sufficient parking facilities on-site, including for heavy vehicles and for site personnel, to ensure that traffic associated with the development does not utilise public and residential streets or public parking facilities.

Compliant Inspection checklists

Daily Checklist -Traffic Control at Short Term Worksites

Monitoring in accordance with Section 6.9 of the Monitoring in accordance with RWEMP.

Parking facilities have been provided on site and are discussed in toolbox talks and site induction procedures.


B27 All waste materials removed from the site must only be directed to a waste management facility or premises lawfully permitted to accept the materials.

Compliant Material Excavation Tracking Form

MT1 Section 3.2 of the WMP outlines the tracking mechanism and documentation requirements for types of waste generated on site.


General office waste collected by Bingo.

Tree stumps, plastics and other waste generated in remediation works taken to Summerhill Waste Management Facility by Ford Civil.

Material Stockpiling and Tracking Form

MT1

Material Re-Use and Placement Tracking Form

MT1

Material Disposal and Offsite Tracking Form (if required)

MT3


Waste Management Plan (WMP)

60582210 (Rev.3, 01/08/2019)




Commentary

B28 Waste generated outside the site must not be received at the site for storage, treatment, processing, reprocessing, or disposal, except as expressly permitted by an EPL.

Not Triggered

Material Excavation Tracking Form

MT1 The IEA found that no outside waste has been received on the site.

Material Stockpiling and Tracking Form

MT1

Material Re-Use and Placement Tracking Form

MT1

Consolidation and evaluation of above documents included in RVR

N/A


IEA Report AQ1254 (Rev-01, 16/01/2020)

B29 The Applicant must assess and classify all liquid and non-liquid wastes to be taken off site in accordance with the EPA's Waste Classification Guidelines Part 1: Classifying Waste, November 2014, or its latest version and dispose of all wastes to a facility that may lawfully accept the waste.


Addressed in section 6.5 of RWEMP.

The IEA found that all waste which has been removed from site has been non-putrescible waste and classified as general solid waste.

Only general solid waste has been removed from site.

SWMP GAS-1299-PA-EV-003 (Rev 2 22/01/2020)

WMP 60582210 (Rev.3, 01/08/2019)

B30 The Applicant must retain all sampling and waste classification data in accordance with the requirements of the POEO Act in accordance with the requirements of the EPA.

Not triggered

Evidence of classifications and waste receipts

Douglas Partners Waste classified 28/11/2019 – Memorandum from Douglas Partners (Report 91116.04.R.009 Rev 0)

Dockets from Summerhill Waste Management Facility

Only general solid waste has been removed from site and no waste classification data has been required at this stage.




Commentary

B31 Prior to the commencement of construction, the Applicant must prepare a Construction and Demolition Waste Management Plan (CDWMP) for the development to the satisfaction of the Planning Secretary. The CDWMP must form part of a CEMP in accordance with condition C2. The CDWMP must:

(a) detail the quantities of each waste type generated during construction and the proposed reuse, recycling and disposal locations.

(b) be implemented for the duration of construction works.

Compliant Correspondence provided to DPIE verifying compliance

Approved by DPIE via letter dated 07/08/2019.

The IEA found that the monthly compliance audits had not been completed as per the WMP.

In response, Jemena and FCC will complete monthly audits two weeks following the end of each month. Records of these audits will be reviewed in the next IEA.

WMP 60582210 (Rev.3, 01/08/2019)


(a) not commence construction until the CDWMP is approved by the Planning Secretary; and

(b) implement the most recent version of the CDWMP approved by the Planning Secretary.

Compliant WMP 60582210 (Rev.3, 01/08/2019). Approved by DPIE via letter dated 07/08/2019.

The current approved version of the WMP is Revision 3 dated 1/08/2019.

WMP submitted to DPIE by D. Virtue 26 April 2019. Approved by DPIE in letter dated 26 July 2019. The WMP was amended (Rev 3) and submitted to DPIE, and was approved on 7/08/2019. Now compliant with this requirement


(a) implement suitable measures to manage pests, vermin and declared noxious weeds on the site; and

(b) inspect the site on a regular basis to ensure that these measures are working effectively, and that pests, vermin or noxious weeds are not present on site in sufficient numbers to pose an environmental hazard, or cause the loss of amenity in the surrounding area.


Pest and weed management would be carried out in accordance with Section 6.8 of the RWEMP and would be documented in monthly inspection reports once remediation commences.

The IEA verified that pest controls were implemented during the site inspection. Rentokil installed baits on 19/09/2019 and in its current state the site is mostly cleared.




Commentary

B34 The Applicant must take all reasonable steps to minimise dust generated during all works authorised by this consent.

Compliant Complaints and incident data, and corrective actions, developed consultation with EPA, as relevant.

https://jemena.com.au/getattachment/About/projects/Remediation-Project/Clyde-Street/Key-Documents/Project-Feedback-Complaints-Register-(website)-Sep-Dec-19-LT700444-(2).pdf.aspx?lang=en-AU

Air quality monitoring as per Section 5.1 of the AQMP. Environmental monitoring results and complaints register presented on Jemena Clyde Street Newcastle project page.

Marginal exceedances and were noted in dust monitoring results were recorded. Real time dust monitoring confirmed no ongoing exceedances. Anomalous exceedances in monthly monitoring attributed to dust monitor contamination or other external sources.

Controls such as spray application dust suppressants being used on site to reduce dust generation.

Monitoring results https://jemena.com.au/about/projects/remediation-project/clyde-street/environmental-monitoring-data

AQMP 60582210 (Rev 2, 22/01/2020).





















Commentary

B35 The Applicant must ensure that:

(a) trucks and vehicles entering and leaving the site that are carrying loads of dust generating materials must have their loads covered at all times, except during loading and unloading.

(b) any works are carried out progressively on site to minimise exposed surfaces.

(c) all operations and activities occurring at the remediation works must be carried out in a manner that minimises the emissions of air pollutants from the Development.

(d) trucks associated with the Development do not track dirt onto the public road network.

(e) public roads used by these trucks are kept clean.



A complaints register has been uploaded to the to the Jemena Clyde Street Newcastle projects page.

FCC Daily Field Data sheet included observations for dust and odour.

Visual Inspection FCC Daily Field Data Sheet

Complaints and incidents data, as relevant



(a) not commence remediation works until the AQMP required by Condition B36 is approved by the Planning Secretary; and

Non-Compliant


AQMP submitted to DPIE by D. Virtue 23/01/2020. Approved by DPIE in letter 03/02/2020.

The current version of the AQMP is Revision 0 dated 16/07/2019, with correspondence provided 29/07/2019 indicating an
















Commentary

(b) implement the most recent version of the AQMP approved by the Planning Secretary for the duration of the remediation works.

AQMP 60582210 (Rev 2, 22/01/2020).

updated letter of approval is not required.

Identified as a non-compliance in the IEA as records not clearly show dust inspections have been completed. The FCC Daily Field Data Sheet has been updated to specifically include dust observations. This update has been verified by AQUAS and is compliant with monitoring requirements set out by the AQMP.

B38 The Applicant must ensure the development does not cause or permit the emission of any offensive odour (as defined in the POEO Act).

Compliant Complaints and incidents data, as relevant


Odour monitoring as per Section 5.2 of the AQMP.

A complaints register and monitoring data has been uploaded to the to the Jemena Clyde Street Newcastle projects page.

Jemena received numerous complaints in November 2019 regarding odour coming from the site. Jemena have reviewed and improved mitigation measures to reduce the odour coming from the site. Odour monitoring results published from September to November show no exceedances to baseline criteria. The independent audit found that no offensive odours have been observed at the site.






















Commentary

B39 The Applicant must comply with the hours detailed in Table 1, unless otherwise agreed in writing by the Planning Secretary.

Table 1 Hours of Work


Hours of work outlined in Section 5.3 of the RWEMP.

Section 3.1 of the CNVMP outlines that this will be communicated to the construction workers during site inductions.

The IEA found that remediation work was conducted only within the approved hours of work.

Standard practice – toolbox talk at 6.45am.

Construction Noise and Volume Management Plan (CNVMP)

60582210 (Rev 2, 22/01/2020)

Complaints/ Incident data, as relevant


Site diary Newcastle Site Diary

B40 Works outside of the hours identified in condition B39 may be undertaken in the following circumstances:

(a) works that are inaudible at the nearest sensitive receivers.

(b) works agreed to in writing by the Planning Secretary.

(c) where it is required in an emergency to avoid the loss of lives, property or to prevent environmental harm.

Not Triggered

Evidence of compliance, as relevant

(a) office work mainly

(b) only from acceptance by Jemena and DPIE

(c) Incident report

No work has been conducted outside of work hours detailed in B39.
















Commentary

B41 The development must be constructed to achieve the construction noise management levels detailed in the Interim Construction Noise Guideline (DECC, 2009) (as may be updated or replaced from time to time). All feasible and reasonable noise mitigation measures must be implemented and any activities that could exceed the construction noise management levels must be identified and managed in accordance with the management and mitigation measures in the Appendix 2 and outlined in the Interim Construction Noise Guideline (DECC, 2009).

Compliant CNVMP 60582210 (Rev 2, 22/01/2020)

Monitoring as per Section 4.5.1 of the CNVMP.

Monitoring results for construction noise published on the Jemena website for the period of September to November show no exceedance to criteria at the monitoring points.

Complaints and incidents data, as relevant




(a) not commence construction of any relevant stage until the CNVMP required by condition B42 is approved by the Planning Secretary; and

(b) implement the most recent version of the CNVMP approved by the Planning Secretary for the duration of construction.

Compliant CNVMP 60582210 (Rev 2, 22/01/2020)

The CNVMP was reviewed (rev 2) and resubmitted to DPIE on 23/01/2020. This was approved via a letter from DPIE dated 03/02/2020 and is now compliant. Correspondence

provided from DPIE verifying compliance

CNVMP submitted to DPIE by D. Virtue 23/01/2020. Approved by DPIE in letter 03/02/2020.

B45 If any item or object of Aboriginal heritage significance is identified on site:

(a) all work in the immediate vicinity of the suspected Aboriginal item or object must cease immediately.

(b) a 10 m wide buffer area around the suspected item or object must be cordoned off.

(c) the OEH must be contacted immediately.


Unexpected finds incident reporting pathway outlined in Section 6.12 of RWEMP, and further detailed in section 3.2 of the RWCP.

Remediation Works Contingency Plan (RWCP)

60582210 (Rev F, 04/06/2019) (Appendix E of RWP)

GAS-1299-PA-EV-004 (Rev 3 01/08/2019)





















Commentary

B46 Work in the immediate vicinity of the Aboriginal item or object may only recommence in accordance with the provisions of Part 6 of the National Parks and Wildlife Act 1974.

Compliant RWCP 60582210 (Rev F, 04/06/2019) (Appendix E of RWP)

Jemena to comply, as relevant.

Unexpected finds procedure outlined in section 3.2 of the RWCP.

B47 Prior to remediation works, the Applicant must prepare and implement a Conservation Management Plan (CMP) for the conservation of the Newcastle Gas Co office building, Pump house and fence to the satisfaction of the Planning Secretary. The plan must:

(a) be prepared by a qualified heritage architect;

(b) be prepared in consultation with Council’s Heritage Officer;

(c) detail the conservation measures and management strategies to protect the Newcastle Gas Co office building, Pump house and fence; and

(d) detail protection systems to be implemented to prevent damage to the heritage items during remediation works.

Compliant CMP Issue B (06/2019) A CMP was prepared by Heritas Heritage & Conservation in accordance with the requirements of this condition. DPIE formally approved the CMP in their letter dated 24/07/2019.

Correspondence from DPIE approving CMP

The Final CMP addressing DPIE comments was submitted to DPIE by D. Virtue 3 June 2019. Approved formally by DPIE on 24/07/2019.




Commentary

B48 The Heritage items identified to be retained are to be adequately protected during the works from potential damage. Protection systems must ensure historic fabric is not damaged or removed.

Compliant Evidence of protection measures

Photos provided in Appendix E of the Independent audit (AQ1254 (Rev-01, 16/01/2020))

Vibration monitoring when working within proximity to heritage items published on the to the Jemena Clyde Street Newcastle projects page shows some infrequent exceedances of vibration criteria. Mitigation measures have been implemented as a result of these exceedances.

Marginal readings were reported for the period of September to November due to close proximity of heavy vehicles, plant and equipment operating adjacent to the fixed monitoring location. Attended vibration monitoring was conducted at the site and at nearby residential receivers along Emerald Street on 14/11/2019. The highest measured vibration recorded was 2.04mm/s (PPV) at 33 Emerald Street. No measured value exceeded 5 mm/s, which is the applicable criterion for structural damage at a dwelling. On site, the typical measured vibration levels were below 3mm/s along the western boundary during the monitoring period.

CNVMP 60582210 (Rev 2, 22/01/2020)

Dilapidation survey of heritage buildings

Former Newcastle Gasworks Administration Building & Fence Clyde Street Hamilton North NSW 2292 Conservation Management Plan (issue B 06/2019)I Submitted to DPIE on 14/06/2019.

GAS-1299-RC-SV-003 Deliverable No. 24 Initial Dilapidation Survey – Roads & Internal (dated 05/09/2019). Submitted to DPIE via email on 10/09/2019.

Maintain records of all site inductions completed by workers and site personnel

N/A

B50 The Applicant must ensure the lighting associated with the development:

(a) complies with the latest version of AS 4282-1997 - Control of the obtrusive effects of outdoor lighting (Standards Australia, 1997).

(b) is mounted, screened and directed in such a manner that it does not create a nuisance to surrounding properties or the public road network.

Not triggered

Inspections

Complaints/incidents data, as relevant

No night works have been undertaken as of the current time, and thus no lighting has been required.




Commentary

B53 Within 30 days of the completion of the capping layer, the Applicant must apply light coloured paint to the capping layer selected in consultation with Council and the Planning Secretary, and in accordance with the RTS and Appendix 1. The light-coloured paint applied to the capping layer is to be maintained for the life of the development.

Not triggered

Not triggered

B54 The Applicant must store all chemicals, fuels and oils used on-site in accordance with:

(a) the requirements of all relevant Australian Standards.

(b) the NSW EPA’s Storing and Handling of Liquids: Environmental Protection – Participants Manual’ if the chemicals are liquids.

Compliant Chemical and dangerous goods register

SDS Register maintained on site

The IEA found that small quantities of chemicals were stored on site in the provided chemical storage cabinets. Induction records N/A

B55 In the event of an inconsistency between the requirements B54(a) and B54(b), the most stringent requirement must prevail to the extent of the inconsistency.

Compliant Jemena to comply, as relevant

Noted

B56 The Applicant must store all chemicals, fuels and oils used on-site in appropriately bunded areas in accordance with the requirements of all relevant Australian Standards, and/or EPA’s Storing and Handling of Liquids: Environmental Protection – Participants Manual (Department of Environment and Climate Change, 2007).

Compliant Chemical and dangerous goods register

SDS Register maintained on site

Flammable liquids are stored in cabinets within bunded areas of the site. No other chemicals are stored on site. Induction records N/A

B57 The Applicant must consult with the community regularly throughout the development, including consultation with the nearby and adjacent landowners/occupiers, sensitive receivers, relevant regulatory authorities and other interested stakeholders.

Compliant Engagement Plan as per the EMP

https://jemena.com.au/about/projects/remediation-project/clyde-street/community-consultation

Community consultation strategy outlined on the Jemena website.









Commentary

C1 Management plans required under this consent must be prepared in accordance with relevant guidelines, and include:

(a) detailed baseline data;

(b) details of:

(i) the relevant statutory requirements (including any relevant approval, licence or lease conditions);

(ii) any relevant limits or performance measures and criteria; and

(iii) the specific performance indicators that are proposed to be used to judge the performance of, or guide the implementation of, the development or any management measures;

(c) a description of the measures to be implemented to comply with the relevant statutory requirements, limits, or performance measures and criteria;

(d) a program to monitor and report on the:

(i) impacts and environmental performance of the development; and

(ii) effectiveness of the management measures set out pursuant to paragraph (c) above;

(e) a contingency plan to manage any unpredicted impacts and their consequences and to ensure that ongoing impacts reduce to levels below relevant impact assessment criteria as quickly as possible;

(f) a program to investigate and implement ways to improve the environmental performance of the development over time;

(g) a protocol for managing and reporting any:

(i) incident and any non-compliance (specifically including any exceedance of the impact assessment criteria and performance criteria);

(ii) complaint;

(iii) failure to comply with statutory requirements; and

(h) a protocol for periodic review of the plan.


Relevant management plans have been prepared to address the requirements of this condition.


RWP GAS-1299-PA-EV-004 (Rev 3 01/08/2019)

OHHP 60582210 (Rev 0, 21/11/2018)

CNVMP 60582210 (Rev 2, 22/01/2020)

SWMP GAS-1299-PA-EV-003 (Rev 2 22/01/2020)

WHSP 1818-01whs (Rev 2,26/11/2019) / GAS-1299-PA-HSE-001

AQMP 60582210 (Rev 2, 22/01/2020)

WMP 60582210 (Rev.3, 01/08/2019)




Commentary

C2 The Applicant must prepare a Construction Environmental Management Plan (CEMP) in accordance with the requirements of condition C1 and to the satisfaction of the Planning Secretary. The CEMP must:

(a) be approved by the Planning Secretary prior to the commencement of remediation works;

(b) identify the statutory approvals that apply to the development;

(c) outline all environmental management practices and procedures to be followed during remediation works associated with the development;

(d) describe all activities to be undertaken on the site during remediation works, including a clear indication of construction stages;

(e) detail how the environmental performance of the remediation works will be monitored, and what actions will be taken to address identified adverse environmental impacts;

(f) describe the roles and responsibilities for all relevant employees involved in remediation works associated with the development; and

(g) include the management plans required under Condition C3 of this consent.


The Final RWEMP, was submitted to DPIE by D. Virtue on 22/01/2020 via the major projects website. Approved informally by DPIE via letter dated 03/02/2020.

The RWEMP has been prepared to address the requirements of this condition and was approved by DPIE on 03/02/2020.

C3 As part of the CEMP required under Condition C2 of this consent, the Applicant must include the following:

(a) Construction Traffic Management Plan (see Condition B18);

(b) Erosion and Sediment Control Plan (see Condition B13);

(c) Construction Noise and Vibration Management Plan (see Condition B42);

(d) Construction and Demolition Waste Management Plan (see Condition B31);

(e) Air Quality Management Plan (see Condition B36);

(f) Health and Safety Plan (see Condition B10); and

(g) Community Consultation and Complaints Handling.


Relevant management plans have been prepared to address the requirements of this condition.

SWMP GAS-1299-PA-EV-003 (Rev 2 22/01/2020)

CNVMP 60582210 (Rev 2, 22/01/2020)

WMP 60582210 (Rev.3, 01/08/2019)

AQMP 60582210 (Rev 2, 22/01/2020).

WHSP 1818-01whs (Rev 2,26/11/2019) / GAS-1299-PA-HSE-001

RWEMP (Section 5.7 communication plan)

GAS-1299-PA-EV-005 (Rev 2 22/01/2020)




Commentary

C4 The Applicant must:

(a) not commence construction of the development until the CEMP is approved by the Planning Secretary.

(b) carry out the construction of the development in accordance with the CEMP approved by the Planning Secretary and as revised and approved by the Planning Secretary from time to time.

Compliant Correspondence verifying Planning Secretary approval

The RWEMP, was submitted to DPIE by D. Virtue on 22/01/2020 via the major projects website. Approved informally by DPIE via letter dated 03/02/2020.

Construction began with RWEMP Revision E (05/06/2019) .This was revised (Rev 2) in response to the audit and approved by DPIE on 03/02/2020). Now compliant with this requirement

The IEA identified non-compliances within the FCC Daily Data Sheet and the lack of audits to capture high risk activities as outlined by the REWMP. In response, the FCC Daily Field Data Sheet has been updated to include observations of dust, perimeter condition, heritage structures, odour observations, and observations of weed and vermin. These records have been verified by AQUAS.

An audit schedule has been developed by Jemena and FCC to target high risk activities.

C5 Within three months of:

(a) the submission of a Compliance Report under condition C12.

(b) the submission of an incident report under condition C7.

(c) the submission of an Independent Audit under condition C14.

(d) the approval of any modification of the conditions of this consent; or.

(e) the issue of a direction of the Planning Secretary under condition A2(b) which requires a review.

the strategies, plans and programs required under this consent must be reviewed, and the Department must be notified in writing that a review is being carried out.

Compliant Evidence of review (i.e. correspondence notifying the Planning Secretary a review has been completed).

Email sent by D.Virtue on the 18/12/2019 to DPIE advising that management plans had been reviewed.

Management plans have been reviewed and updated accordingly. Refer to Condition A2.




Commentary

C6 If necessary to either improve the environmental performance of the development, cater for a modification or comply with a direction, the strategies, plans and programs required under this consent must be revised, to the satisfaction of the Planning Secretary. Where revisions are required, the revised document must be submitted to the Planning Secretary for approval within six weeks of the review.

Not Triggered

Update if required

C7 The Department must be notified in writing to [email protected] immediately after the Applicant becomes aware of an incident. The notification must identify the development (including the development application number and the name of the development if it has one), and set out the location and nature of the incident. Subsequent notification requirements must be given and reports submitted in accordance with the requirements set out in Appendix 3.

Not triggered

Noted

C8 The Department must be notified in writing to [email protected] within seven days after the Applicant becomes aware of any non-compliance.

Compliant Notification to DPIE of incident details

Notification of incident on 17/10/2019 sent to DPIE on 12/11/2019

As DPIE were notified of the incident more than 7 days after it occurred, a non-compliance was triggered. No further non-compliances have occurred with this condition of which DPIE are not already aware. Jemena is now compliant with this requirement and will notify DPIE of an incident within 7 days, as relevant.

C9 A non-compliance notification must identify the development and the application number for it, set out the condition of consent that the development is non-compliant with, the way in which it does not comply and the reasons for the non-compliance (if known) and what actions have been, or will be, undertaken to address the non-compliance.

Compliant Jemena’s non-compliance report adheres to this condition.

C10 A non-compliance which has been notified as an incident does not need to also be notified as a non-compliance.

Not Triggered

Noted

C11 Prior to commencement of remediation works, a Compliance Monitoring and Reporting Program prepared in accordance with the Compliance Reporting Post Approval Requirements (Department 2018) must be submitted to the Department.

Compliant Compliance Monitoring and Reporting Program

Revision 0 submitted on 25/07/2019.

A Compliance Monitoring and Reporting Program (CMRP) was prepared by GHD in compliance with the requirements of this condition.




Commentary

C12 Compliance Reports of the project must be carried out in accordance with the Compliance Reporting Post Approval Requirements (Department 2018).

Compliant Pre-construction Compliance Report

Revision 1 (23/09/2019)

This CCR is the second report prepared in accordance with the Compliance Monitoring and Reporting Program prepared for the Project, see Condition C11.

Construction Compliance Report

This report

C13 The Applicant must make each Compliance Report publicly available no later than 60 days after submitting it to the Department and notify the Department in writing at least 7 days before this is done.

Compliant Correspondence to DPIE confirming compliance.

DPIE were notified on 03/10/2019

The PCCR was submitted to DPIE on 23/09/2019. DPIE were notified of Jemena’s intention to publish the document on 03/10/2019 and the document was uploaded to Jemena’s website on 10/10/2019.

C15 Independent Audits of the development must be carried out in accordance with:

(a) the Independent Audit Program submitted to the Department under condition C14 of this consent; and

(b) the requirements for an Independent Audit Methodology and Independent Audit Report in the Independent Audit Post Approval Requirements (Department 2018).

Compliant IEA Reports AQ1254 (Rev-01, 16/01/2020)

An independent audit of the project was scheduled for October 2019 in the proposed independent audit schedule. The independent was conducted by AQUAS on the 13 November, 2019 and was conducted in accordance with the audit program.

C16 In accordance with the specific requirements in the Independent Audit Post Approval Requirements (Department 2018), the Applicant must:

(a) review and respond to each Independent Audit Report prepared under condition C15 of this consent;

(b) submit the response to the Department; and

(c) make each Independent Audit Report and response to it publicly available no later than 60 days after submission to the Department and notify the Department in writing at least 7 days before this is done.

Compliant IEA reports AQ1254 (Rev-01, 17/02/2020)

Formal proponent response and final independent audit report submitted to DPIE on 20/01/2020. The IEA is due to be uploaded to Jemena’s website on 17/03/2020, which will be reported on in the POCR.




Commentary

C18 At least 48 hours before the commencement of construction until the completion of all works under this consent, including rehabilitation and remediation, the Applicant must:

(a) make the following information and documents (as they are obtained or approved) publicly available on its website:

(i) the documents referred to in condition A2 of this consent.

(ii) all current statutory approvals for the development.

(iii) all approved strategies, plans and programs required under the conditions of this consent.

(iv) regular reporting on the environmental performance of the development in accordance with the reporting requirements in any plans or programs approved under the conditions of this consent.

(v) a comprehensive summary of the monitoring results of the development, reported in accordance with the specifications in any conditions of this consent, or any approved plans and programs.

(vi) a summary of the current stage and progress of the development.

(vii) contact details to enquire about the development or to make a complaint.

(viii) a complaints register, updated monthly.

(ix) the Compliance Report of the development.

(x) audit reports prepared as part of any Independent Audit of the development and the Applicant’s response to the recommendations in any audit report.

(xi) any other matter required by the Planning Secretary.

(b) keep such information up to date, to the satisfaction of the Planning Secretary.

Non-Compliant

IEA Report AQ1254 (Rev-01, 16/01/2020)

The letter of RWEMP and management plan approval, Compliance and Monitoring Program; Audit Program and Conservation Management Plan were not posted to the Jemena website at least 48 hours before the commencement of construction.

The Jemena website was updated to include the identified documentation on the 13/11/2019. This has been verified by AQUAS as compliant.

GHD

Level 3, GHD Tower 24 Honeysuckle Drive, Newcastle, 2300 T: 61 2 4979 9999 F: 61 2 4979 9988 E: [email protected]

© GHD 2020

This document is and shall remain the property of GHD. The document may only be used for the purpose for which it was commissioned and in accordance with the Terms of Engagement for the commission. Unauthorised use of this document in any form whatsoever is prohibited.

12510239-63457/https://projectsportal.ghd.com/sites/pp01_02/formernewcastegaswor/ProjectDocs/12510239-REP-Draft Construction Compliance Report.docx

Document Status

Revision Author Reviewer Approved for Issue

Name Signature Name Signature Date

0 L Taylor E Holland S Pearce 27/02/2020

1 L Taylor E Holland S Pearce 28/02/2020

www.ghd.com

Jemena Networks (NSW) Ltd

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