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Macksville Hospital Development Independent Environmental Audit

Assessment of Hansen Yuncken Contractors Environmental System Compliance

Against the SSD 9103 Conditions of Consent

Audit Reference: AQ1249.01

Audit Organisation: Hansen Yuncken

Auditors: Annabelle Tungol, Lead Auditor, AQUAS

Ana Maria Munoz, Auditor, AQUAS

Date of Audit: 12 September 2019

Draft Report Submitted: 30 September 2019

Final Report Submitted: 17 October 2019

Amendment, Distribution & Authorisation Record

AQ1249 01 INDEPENDENT AUDIT REPORT - MACKSVILLE HOSPITAL FINAL 191017 PAGE 2 OF 61

Version Control and Distribution

Revision No. Date Reasons for Revision Issued to

Draft 30/9/2019 - PwC

Final 17/10/2019 Final Report PwC

No reproduction of this document or any part thereof is permitted without prior written permission of AQUAS Pty Limited. This report has been prepared and reviewed in accordance with our Quality control system. This report has been prepared by: ANA MARIA MUNOZ Date: 17/10/2019 Environmental Auditor Reviewed by: ANNABELLE TUNGOL Date: 17/10/2019 Lead Environmental Auditor

© Copyright AQUAS Pty Ltd ABN: 40 050 539 010 All rights reserved. No material may be reproduced without prior permission. While we have tried to ensure the accuracy of the information in this publication, the Publisher accepts no responsibility or liability for any errors, omissions or resultant consequences including any loss or damage arising from reliance in information

in this publication. AQUAS Pty Ltd www.aquas.com.au


1. Executive Summary 4

2. Introduction 5

2.1 Background 5

2.2 Project Details 5

2.3 Audit Team 5

2.4 Audit Objectives 5

2.5 . Audit Scope 6

2.6 Audit Period 6

3. Audit Methodology 7

3.1 Approval of Auditors 7

3.2 Audit scope development 7

3.3 Audit Process 7 3.3.1 Opening Meeting 7 3.3.2 Conduct of Audit 7 3.3.3 Closing Meeting 7 3.4 Interviewed Persons 7

3.5 Details of Site Inspection 8

3.6 Consultation 8

3.7 Audit Compliance Status Descriptors 8

4. Document Review 9

5. Audit Findings 10

5.1 Assessment of Compliance 10

5.2 Notices, Incidents and Complaints 10

5.3 Previous Audit Recommendations 10

5.4 Audit Findings and Recommendations 11

5.5 Audit Site Inspection 15

5.6 Suitability of Plans and the EMS 15

5.7 Key Strengths 15

Appendices

Appendix A. Auditors Approval by Planning Secretary 17

Appendix B. Audit Attendance Sheet 18

Appendix C. Independent Audit Declaration Form 19

Appendix D. Audit Checklist and Audit Findings 20

Appendix E. Audit Photos 57

Appendix F. Consultation Records 60


1. Executive Summary This audit was completed to assess the compliance of Macksville Hospital Development Project with the requirements of Development Consent State Significant Development (SSD) 9103 Condition C39. The audit was conducted by AQUAS (Annabelle Tungol – Lead Auditor and Ana Maria Munoz – Auditor) on 12 September 2019. This audit covered the conditions under Part A, Part B and Part C of the Development Consent SSD 9103.

Overall, the project is generally compliant to the conditions of Development Consent SSD 9103 with the following key strengths noted:

• Review and implementation of the Construction Environmental Management Plan (CEMP) and majority of sub-plans. Environmental inspections regime (fortnightly).

• Consultation with relevant stakeholders, including Nambucca Shire Council and local community. • Implementation of incident reporting, complaints and non-conformances processes.

Summary of Audit Findings

Based on the conducted independent environmental audit which comprised of document and records review, interview with key personnel and site inspection there were a total 117 Conditions of Consent that have been reviewed during this audit.

The audit identified 22 conditions that were non-compliant, under Part A - Administrative requirements (A2 and A21), Part B - Preconstruction requirements (B1, B4, B5, B12, B15, B16, B19, B22, B26, B28, B29, B30, B33, B34, B35, B36, B37 and B41) and Part C - Construction requirements (C11 and C48).

The details of the non-compliances can be found in Section 5.4 of this report. These need to be addressed by Hansen Yuncken, PwC and HI to attain full compliance with SSD 9103 and continually improve the environmental performance of the development.

General feedback and recommendations made during this audit should be consider as an opportunity to improve Hansen Yuncken environmental performance on the maintenance and implementation of their Environmental Management System.


2. Introduction 2.1 Background

Hansen Yuncken has been appointed by PwC for the construction of a new 3 storey building as part of the Macksville Hospital Development Project. PwC has engaged AQUAS to undertake the initial independent environmental audit on 12 of September 2019 during construction phase of the Macksville Hospital Development project in compliance with the SSD 9031 condition C39. 2.2 Project Details

Project Name Macksville Hospital Development

Project Application Number SSD 9103

Project Address North Macksville

Project Phase Construction

Project Activity Summary Current site works included building structure, painting, fit outs and above ground utilities.

2.3 Audit Team

Details of the AQUAS environmental auditors for this audit were submitted to the Department of Planning by PwC. Endorsement by Planning of the following auditors was granted prior to the conduct of the audit Refer to Appendix A:

Name Company Position Certification

Annabelle Tungol AQUAS Lead Environmental Auditor

Exemplar Global Principal Environmental Auditor – Certificate No. 119536

Ana Maria Munoz AQUAS Environmental Auditor SAI Global Lead Auditor; Exemplar Global Certification as Environmental Auditor in progress

2.4 Audit Objectives

The objective of this audit was to undertake the initial independent environmental audit in compliance with the Development Consent Condition SSD 9103 Cl. C39, in accordance with:

(a) the Independent Audit Program submitted to the Department and the Certifier under condition C38 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).


2.5 . Audit Scope

The scope of this audit comprised of the following:

Review of implementation of Hansen Yuncken Environmental Management Plan (EMP) Revision 1 dated April 2019 and the following appendices: - A.3 Construction Noise & Vibration Management Sub-Plan - A.4 Construction Traffic and Pedestrian Sub-Plan

Site inspection conducted on 12 September 2019, review of environmental site controls; Review of environmental records; Interview of site personnel; and Consultation with stakeholders.

2.6 Audit Period

This was the initial independent environmental audit carried out by AQUAS on the project which covers the review of environmental documentation and records for the construction from May 2019 up to 12 September 2019 only.

It should be noted that this report is based on the result of sampling and supplied documentation/records, as well as site activities on the day of audit (12 September 2019).


3. Audit Methodology 3.1 Approval of Auditors

Letter from the Planning Secretary agreeing to the auditors is attached as Appendix A.

3.2 Audit scope development

AQUAS developed the audit scope and a checklist based on the Project Development Consent Requirements Application No. SSD 9103. Refer to Appendix D of this report.

3.3 Audit Process

3.3.1 Opening Meeting

An opening meeting was held on 12 September 2019 at 8:30am with Hansen Yuncken project personnel and AQUAS auditors as per the Audit Attendance Sheet. Refer to Appendix B of this report.

Key items were discussed, including: Confirmation of the purpose and scope of the audit Overview of the Project and status of the works Occurrence of Environmental incidents Overview of the audit process in accordance with the proposed Audit Program

3.3.2 Conduct of Audit

Audit activities included the following:

Reviewed the project documentation (CEMP and its sub-plans) to verify compliance with the Development Consent Conditions SSD 9103;

Conducted a site walk to review implementation of mitigation measures and environmental controls;

Conducted the audit following the checklist that was prepared based on the Development Consent Conditions by interviewing personnel and review of records provided as evidence of compliance; and

Any identified findings were discussed during closing meeting and any actions noted during site inspection were clearly communicated to the site personnel and addressed immediately.

3.3.3 Closing Meeting

The closing meeting was held on 12 September 2019 at 4:30pm with Hansen Yuncken and AQUAS. General feedback and the findings of the audit were discussed during the closing meeting.

AQUAS auditors acknowledged the cooperation, openness and hospitality of Hansen Yuncken staff during the conduct of this audit.

3.4 Interviewed Persons

Name and position of persons interviewed:

Name Organisation Position

Zac Carson Hansen Yuncken Site Engineer

Joshua Crilley Hansen Yuncken Project Manager

James Fuller Hansen Yuncken HSE Coordinator


3.5 Details of Site Inspection

A site walk around the construction area was conducted with focus on the following controls:

- Erosion and sedimentation controls including sediment fences and controls around pits. - Stabilised access/egress; - Roads surrounding the site for dust/mud tracking; - Chemical storage; - Dust management; - Wastes management; - Traffic management, - Noise and vibration management; - Site signage; and - General housekeeping.

Photos taken during site inspection are included in the Appendix E.

3.6 Consultation

Communications were sent to relevant stakeholders from Nambucca Shire Council and Health Infrastructure to request feedback about the project and highlight any areas for AQUAS to focus on during the audit. In general, the feedback provided from the Council was positive in terms of the community consultation and management of complaints.

Consultation with the Department of Planning, Industry and Environment was conducted before the audit. The requested focus areas of the project to review as part of various SSD Conditions were:

• Compliance with the Construction Environmental Management Plan (Conditions B18 – 23); • Compliance Reporting (Conditions B39 – 42); and • Community Engagement (Condition C34).

For consultation records please refer to Appendix F.

3.7 Audit Compliance Status Descriptors

The following audit criteria were used for the rating of audit findings.

Status Description

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

Non-Compliant The auditor has determined that one or more specific elements of the conditions or requirements have not been complied with within the scope of the audit.

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

In addition to the above descriptors, there were opportunities of improvement (OFI) and notes (Note) raised during this audit.


4. Document Review The following documents were reviewed and/or sighted as part of this audit:

• Environmental Management Plan (EMP) Rev.1 - 4/19 • Construction Environmental Management Plan (CEMP) Rev. 5 - 2/8/19 • Noise and Vibration Management Plan Rev.0 - 15/5/19 • Traffic Management Plan (TMP) Rev.1 - 13/5/19 • BCA Crown Certificate No. CRO-18127 (Certificate 1) – 28/6/19 • BCA Crown Certificate No. CRO-18138 (Certificate 2) – 9/9/19 • Soil and Water Management Plan Drawing - 21/2/19. • Geotechnical Study Report No. RGS31237.1 - 2/5/18 • Civil Construction Design Certificate by Bonacci - 9/5/19 • Acoustic Report by Acoustic Logic - 26/7/19 • Mechanical Design Statement by MDA Consulting Engineers - 23/8/19 • Electrical Design Statement by Electrical Projects Australia - 16/8/19 • Hydraulic Design Statement by Marline Newcastle - 6/8/19 • Rainwater Reuse Mark-Up document by Silver Thomas Hanley - 3/5/19 • Site Management Dashboard for June - July 2019 • Cleanaway report - July and August 2019 • Access Report No. IAC-874 Rev. D - 27/8/19 • Section J-JV3 report by Ashburner Francis Issue 1 - 9/8/19 No.EE19-0440 Energy Efficiency

Services. • Green Star Analysis report by HY Rev. 3 - 21/8/19 and Rev.2 - 6/8/19 • Community Communication Strategy Rev 1 – 4/9/19 • MHD Development Communication Log • Dilapidation Report by Hansen Yuncken – 13/5/19 • Vitradual Product Assessment by Red Fire Engineers - 3/6/19 • Hansen Yuncken HSE Inspection No.7 - 3/9/19 • State Audit HSE No.000418 - 24/7/19 • Compliance Monitoring and Reporting Program (Pre-Construction) – 26/6/19 • Macksville Hospital Development Contract Programme Rev.001 – 18/4/19 • NSW Government Long Service Corporation Levy Receipt No 0357125 – 10/5/19 • Daily Pre-start log book for Scissor Lift– 12/09/19


5. Audit Findings This audit was completed to assess the implementation of CEMP and environmental controls established by HI and Hansen Yuncken against the requirements of Development Consent SSD 9103.

The following table summarises the audit findings by rating category:

Findings Rating Findings

Compliant 64

Non-Compliant 22

Not Triggered 31

Total Requirements 117

5.1 Assessment of Compliance

Overall, the project was non-compliant with the pre-construction conditions of the Development Consent SSD 9103, however, the project demonstrated a satisfactory environmental performance in implementing mitigation measures on site.

The comparison of audit requirements against the compliance ratings is as follows:

5.2 Notices, Incidents and Complaints

Hansen Yuncken noted that no agency notices, orders, penalty notices or prosecutions have been issued, and no reportable environmental incidents have occurred to date.

A Complaints Register is in place where complaints details will be recorded including resolution reached. As noted in this report, complaints register is yet to be uploaded in the website.

5.3 Previous Audit Recommendations

This was the initial audit for this development against SSD 9103.

SSD Requirements Requirements Findings

Part A – Administrative Controls Including Advisory Note AN1.

23 Complaint – 12

Non-Compliant – 2

Not Triggered – 9

Part B – Prior to commencement of Construction

42 Complaint – 17

Non-Compliant – 18

Not Triggered – 7

Part C – During Construction Appendix 1 – Incident Notification

52 Complaint – 35

Non-Compliant – 2

Not Triggered – 15


5.4 Audit Findings and Recommendations

The following table summarised the non-compliant and opportunity for improvement that need to be addressed by HI, PwC and Hansen Yuncken. Refer to the attached Appendix D for full details of findings including notes.

Finding No. Condition of Consent ID and Requirement Audit Findings and Recommendation

Non-Compliance 01

A2: Terms of Consent 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) generally, in accordance with the EIS, Response to

Submissions and Supplementary Response to Submissions;

(d) in accordance with the approved plans.

A non-compliant against condition A2 (a & c) was raised based on the following:

- number of identified non-compliances raised during this audit; and

- not all the environmental mitigation measures required by the EIS were included in the CEMP.

Recommendation: Address the non-compliances identified in this report. Also, review of the CEMP against the EIS requitements and mitigation measures to be conducted to ensure compliance against this condition.

Non-Compliance-02

A21: Access to Information At least 48 hours before commencement of construction until the completion of all works under this consent, or such other time as agreed by the Planning Secretary, the applicant must: a) Make the following information and documents (as

they are obtained or approved) publicly available: (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 arrangements in any plans or programs approved under this consent conditions; (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; (viii) complaints register, updated monthly.

Not all information or documents required by this condition have been uploaded in a public website. Recommendation: It is recommended that the Contractor include the following information in the relevant website: - The CEMP and relevant subplans - Environmental performance report - Monitoring reports - Complaint register

Non-Compliance-03

B1: Notification of Commencement The Department must be notified in writing of the dates of commencement of physical work and operation at least 48 hours before those dates.

Notification to the Department was not submitted within 48 hours before commencement of physical work. Recommendation: It is recommended for the contractor and HI to review the requirements of SSD 9031 to ensure that everyone understands the definition of each requirement to ensure compliance, specifically if this involves timing.

Non-Compliance-04

B4: Certified Drawings Prior to the commencement of construction, the Applicant must submit to the satisfaction of the Certifier structural drawings prepared and signed by a suitably qualified practising Structural Engineer that demonstrates compliance with: a) the relevant clauses of the BCA; and b) this development consent.

Structural Plans were prepared by Bonacci Group on the 22/3/19 and were submitted to the Certifier prior construction commencement, however approval from the Certifier was obtained with BCA Crown Certificate #2 dated 9/9/19. Recommendation: A Staging Report is recommended to be developed and submitted to DPIE for approval to align the condition with Certifying Authority approvals based on the Crown Certificates timelines.



Non-Compliance-05

B5: External Walls and Cladding Prior to the commencement of construction, the Applicant must provide the Certifying Authority with documented evidence that the products and systems proposed for use in the construction of external walls including finishes and claddings such as synthetic or aluminium composite panels comply with the requirements of the BCA.

Materials and products use for the construction of external walls and cladding comply with BCA requirements. Approval of materials was received on 15/8/19 from Blackett Maguire + Goldsmith, this was provided after commencement of construction. Recommendation: A Staging Report is recommended to be developed and submitted to DPIE for approval to align the condition with Certifying Authority approvals based on the Crown Certificates timelines

Non-Compliance-06

B12: Community Communication Strategy The Community Communication Strategy must be submitted to the Planning Secretary for approval no later than two weeks before the commencement of any work.

Community Consultation Strategy was submitted on 20/5/19 which does not comply with the require timeframe of this condition. Construction started 29/4/19. Recommendation: Ensure the timeframe requirements of this condition are met.

Non-Compliance-07

B15: Outdoor Lighting Prior to commencement of construction, all outdoor lighting within the site must comply with AS 1158.3.1:2005 Lighting for roads and public spaces – Pedestrian area (Category P) lighting – Performance and design requirements and AS 4282-1997 Control of the obtrusive effects of outdoor lighting. Details demonstrating compliance with these requirements must be submitted to the satisfaction of the Certifying Authority.

Electrical Design Statement dated 16/8/19 is part of the BCA Crown Certificate #2 CRO-18138 dated 9/9/19. The statement from Electrical Projects Australia included outdoor lighting requirements. This was provided to Certifying Authority after commencement of construction. Recommendation: A Staging Report is recommended to be developed and submitted to DPIE for approval to align the condition with Certifying Authority approvals based on the Crown Certificates timelines

Non-Compliance-08

B16: Access for People with Disabilities The works that are the subject of this application must be designed and constructed to provide access and facilities for people with a disability in accordance with the BCA. Prior to the commencement of construction, the Certifying Authority must ensure that evidence of compliance with this condition from an appropriately qualified person is provided and that the requirements are referenced on any certified plans.

Access report which includes access to people with disability in accordance with BCA requirements was submitted on 14/1/19, however, approval from the Certifying Authority was provided after commencement of construction. Recommendation: A Staging Report is recommended to be developed and submitted to DPIE for approval to align the condition with Certifying Authority approvals based on the Crown Certificates timelines.

Non-Compliance-09

B19: Construction Environmental Management Plan The Applicant must not commence construction of the development until the CEMP is approved by the Certifying Authority and a copy submitted to the Planning Secretary.

CEMP was initially submitted to the Certifying Authority in May 2018. Approval of the CEMP from the Certifier Authority was provided on the 28/6/19 as part of BCA Crown Certificate #1, which is after commencement of construction. Recommendation: Ensure that a copy of the CEMP as per the requirements of this condition is submitted to the Planning Secretary. Please note that any update and revision made to the CEMP needs to be submitted to Certifying Authority for Approval. Note: CEMP was provided by HI to DPIE on the 24 September 2019.



Non-Compliance-10

B22: Construction Waste Management Sub-Plan The Construction Waste Management Sub-Plan (CWMSP) must address, but not be limited to, the following: a) detail the quantities of each waste type remaining

on site from its prior uses, waste generated during construction and the proposed reuse, recycling and disposal locations;

The Waste Management process described in the CEMP does not include the quantities of waste generated during construction and the proposed reuse, recycling and disposal locations. Recommendation: Waste Management process to be updated to include details required as per the requirements of this condition.

Non-Compliance-11

B26: Road Upgrades Prior to the commencement of construction, the Applicant must submit to the Certifying Authority plans and specifications for a shared pedestrian and bicycle path from the eastern side of the access road, at the southern boundary of the site, to the hospital main entrance.

BCA Crown Certificate #2 includes: Internal roads, bicycle parking by Bonacci Group 28/6/19. Plans for shared pedestrian and bicycle paths were submitted to Certifying Authority after commencement of construction. Recommendation: Ensure the timeframe requirements of this condition are met.

Non-Compliance-12

B28: Stormwater Management System Prior to the commencement of construction, the Applicant must design an operational stormwater management system for the development and submit it to the satisfaction of the Certifying Authority.

The Design Certificate for Stormwater management system was approved by the Certifying Authority on 28/6/19. This was submitted after commencement of construction. Recommendation: Ensure the timeframe requirements of this condition are met.

Non-Compliance-13

B29: Operational Noise – Impact Upon External Receivers Prior to commencement of construction, the Applicant must incorporate the noise mitigation recommendations in the Construction and Operational Noise and Vibration Assessment, by Arup, dated 18/5/18, and the Acoustic Impact Assessment Report Addendum letter by Arup, dated 6/12/18 into the detailed design drawings, as amended by the conditions of this consent. The Certifying Authority must verify that all reasonable and feasible noise mitigation measures have been incorporated into the design to ensure the development will not exceed the lower value of the 2 different noise levels presented in Table 1: NPI project noise criteria of the Acoustic Impact Assessment Report Addendum letter, prepared by Arup and dated 6/12/18, as the project noise trigger level for the project.

Noise mitigation recommendations have been incorporated in the Acoustic Report dated 26/7/19 prepared by Acoustic Logic. Report was submitted to Certifying Authority after commencement of construction. Recommendation: Ensure the timeframe requirements of this condition are met.

Non-Compliance-14

B30: External Noise Impact Upon Hospital Occupants Prior to the commencement of construction, the Applicant must prepare an Acoustic Report in accordance with the Development Near Rail Corridors and Busy Roads Interim Guideline 2008, which includes details of how the building will not exceed the noise criteria for hospitals.

Acoustic Report was prepared by Acoustic Logic on the 26/7/19. Report was prepared after construction started. Recommendation: Ensure the timeframe requirements of this condition are met.

Non-Compliance-15

B33: Mechanical Ventilation All mechanical ventilation systems must be designed in accordance with Part F4.5 of the BCA and must comply with the AS 1668.2-2012 The use of air-conditioning in buildings – Mechanical ventilation in buildings and AS/NZS 3666.1:2011 Air handling and water systems of buildings– Microbial control to ensure adequate levels of health and amenity to the occupants of the building and to ensure environment protection. Details must be

Mechanical Design Statement was prepared by MDA Consulting Engineers on the 23/8/19. Statement was provided to the Certifier after construction commenced. Recommendation: A Staging Report is recommended to be developed and submitted to DPIE for approval to align the condition with Certifying Authority


Finding No. Condition of Consent ID and Requirement Audit Findings and Recommendation submitted to the satisfaction of the Certifying Authority prior to the commencement of construction.

approvals based on the Crown Certificates timelines.

Non-Compliance-16

B34: Rainwater Harvesting Prior to the commencement of construction, the Applicant must ensure that a rainwater reuse/harvesting system for the development is developed for the site. A rainwater re-use plan for the irrigation of landscaped areas must be prepared and certified by an experienced hydraulic engineer.

BCA Crown Certificate #1 dated 28/6/19 includes the Rainwater Reuse Mark-Up document prepared by Silver Thomas Hanley PL on the 3/5/19. This was provided after commencement of construction. Recommendation: A Staging Report is recommended to be developed and submitted to DPIE for approval to align the condition with Certifying Authority approvals based on the Crown Certificates timelines.

Non-Compliance-17

B35: Roadworks and Access Prior to the commencement of construction, the Applicant must submit design plans to the satisfaction of the Certifying Authority which demonstrates that the proposed internal roads comply with section 4.2.7 of Planning for Bush Fire Protection 2006.

BCA Crown Certificate #2 dated 9/9/19 includes Plans for internal roads, parking and bicycle parking prepared by Bonacci Group dated 28/6/19. This was provided after commencement of construction. Recommendation: A Staging Report is recommended to be developed and submitted to DPIE for approval to align the condition with Certifying Authority approvals based on the Crown Certificates timelines.

Non-Compliance-18

B36: Car Parking and Service Vehicle Layout Compliance with the following requirements must be submitted to the satisfaction of the Certifying Authority prior to the commencement of construction:

Internal roads, parking and bicycle parking by Bonacci Group dated 28/6/19 is included in BCA Crown Certificate #2 dated 9/9/19. Also, Civil Construction Certificate Design Statement dated 4/6/18 was sighted. These were submitted after commencement of construction. Recommendation: A Staging Report is recommended to be developed and submitted to DPIE for approval to align the condition with Certifying Authority approvals based on the Crown Certificates timelines.

Non-Compliance-19

B37: Bicycle Parking and End-of-trip Facilities Compliance with the requirements for secure bicycle parking and end-of-trip facilities must be submitted to the satisfaction of the Certifying Authority prior to the commencement of construction.

Internal roads, parking and bicycle parking by Bonacci Group dated 28/6/19 is included in BCA Crown Certificate #2 dated 9/9/19. Also, letter of compliance by HY dated 9/8/19 was sighted. Compliance with these requirements was submitted after commencement of construction. Recommendation: A Staging Report is recommended to be developed and submitted to DPIE for approval to align the condition with Certifying Authority approvals based on the Crown Certificates timelines.

Non-Compliance-20

B41: Compliance Reporting The Applicant must make each Compliance Report publicly available 60 days after submitting it to the Department and notify the Department and the Certifying Authority in writing at least seven days before this is done.

Compliance Monitoring Report for Pre-construction phase was prepared on the 26/6/19; however, report has not been uploaded in the website 60 days after submitting it to the Department. Recommendation: Compliance Monitoring Report to be uploaded in the website and ensure the timeframe requirements of this condition are met.



Non-Compliance-21

C11: SafeWork Requirements To protect the safety of work personnel and the public, the work site must be adequately secured to prevent access by unauthorised personnel, and work must be conducted at all times in accordance with relevant Safe Work requirements.

The following activities observed during this audit did not follow the SafeWork practices: - Exclusion zones not set up prior high risk works

commencing - Mobile plant log book was not signed by

operator prior to operating them. - Test and tags of electrical lead were out of date. Recommendation: Conduct toolbox talks and daily checks on workers to ensure that SafeWork practices are implemented at all times.

Non-Compliance-22

C48: Revision of Strategies, Plans and Programs 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 Certifying Authority. Where revisions are required, the revised document must be submitted to the Certifying Authority for approval within six weeks of the review.

Revised CEMP dated 2/8/19 (Revision 5.0) was not submitted to the Certifier within six weeks of the review. Recommendation: Submit revised CEMP to the Certifying Authority to ensure the timeframe requirements of this condition are met.

5.5 Audit Site Inspection

The site inspection was conducted at 9:30am on 12 September 2019. AQUAS auditors and Hansen Yuncken project managers and project staff walked through the construction site, where environmental controls were observed, including:

- Site signage and site sheds; - Silt fence along the boundary of the site; - Suitable storage for hazardous materials; - Traffic signage well implemented; - Skip bins for waste in various locations; and - Dust suppression and water cart in used.

There were few observations raised during the site inspection regarding the erosion and sedimentation controls. Please refer to photos of the site inspection in Appendix E.

5.6 Suitability of Plans and the EMS

The CEMP and sub-plans were generally compliant with the requirements of the Development Consent. Though there were few updates identified in section 5.4 of this report with regards to updating the CEMP.

Hansen Yuncken Environmental Management System (EMS) is robust on communication processes, documentation and record keeping, induction, training and competence, environmental controls and non-conformance/corrective action processes.

5.7 Key Strengths

Overall, the project environmental performance in compliance with Development Consent SSD 9103 is satisfactorily met with the following key strengths noted:

The Construction Environmental Management Plan (CEMP) and majority of sub-plans have been reviewed, updated and implemented;

Environmental inspections have been undertaken fortnightly; Internal and external communication mechanisms have been established;


Consultations with Nambucca Shire Council and local community have been managed well; The process for reporting incidents and complaints has been implemented and recorded; and Environmental controls have been implemented such as:

- Dust suppression i.e. water cart when windy and dry and trucks leaving site were covered; - Rumble grid installed at the site exit; and - Traffic controls.


Appendix A. Auditors Approval


Appendix B. Audit Attendance Sheet


Appendix C. Independent Audit Declaration Form

Audit Compliance Codes: C: Complaint NC: No-Complaint; NT: Not triggered AQ1249 01 INDEPENDENT AUDIT REPORT - MACKSVILLE HOSPITAL FINAL 191017 PAGE 20 OF 61

Appendix D. Audit Checklist and Audit Findings ID

No. SSD Part No.

SSD Req. No.

SSD Requirement Audit Evidence Audit Findings / Recommendations

Compliance Descriptor

1.0 PART A - ADMINISTRATIVE CONDITIONS

1.1 A A1 Obligation to Minimise Harm to the Environment 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.

Site inspection was conducted, and site controls were generally well -managed, e.g. dust, noise and vibration, stockpiling traffic and waste management. No incidents have been reported that constitute material harm. HSE inspections are conducted fortnightly. Sighted record for 3/9/19 No.7, including assessment on erosion and sediment controls, dust, safety, waste management, etc., some issues were identified and closed-out on 7/9/19. BIM 360 Field system is used to record all site issues. Toolbox talks are carried out and included talks on HSE as part of the daily pre-start meeting. Note: During this audit there were issues raised regarding the environmental controls i.e. erosion and sedimentation controls and safety issues. These issues were rectified by HK immediately after the audit was conducted. Photos of issues with corresponding actions made by HK was presented in Appendix E.

Compliant

1.2 A A2 Terms Of Consent The development may only be carried out:

Non-compliance NC-01: A non-compliant against condition A2 (a & c) was raised based on the following: - number of identified non-

compliant raised during this audit; and

- not all the environmental mitigation measures required

Non-compliant

1.3 A A2 (a) in compliance with the conditions of this consent; A number of non-compliances raised under Part A, B and C.

1.4 A A2 (b) in accordance with all written directions of the Planning Secretary;

SSD 9103 was granted on 29/3/19 and drawings were stamped by DPIE on the 5/7/19. A modification (No.1) was made and approved on 5/7/19. Modification was for reduction in the finished floor level and height of the building by 0.25 metres.


ID No.

SSD Part No.

SSD Req. No.



1.5 A A2 (c) generally in accordance with the EIS, Response to Submissions and Supplementary Response to Submissions;

Review of the CEMP against the EIS mitigation measures noted that not all of the EIS mitigation measures were documented.

by the EIS were included in the CEMP.

1.6 A A2 (d) in accordance with the approved plans in the table below:

Approved plans sighted in HI website: https://www.planningportal.nsw.gov.au/major-projects/project/11801 BCA Crown Certificate by Blackett Maguire Goldsmith No. CRO-18138 dated 9/9/19 includes the list of Plans. Plans were issued to PwC (through Aconex) 10/4/19 updated 15/6/19.

1.7 A A2 Architectural Plans prepared by STH Macksville Hospital Development Tender Package - Landscape Architecture prepared by Taylor Brammer

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

SSD 9103 condition A2 was modified and approved by DPIE on 5/7/19. Modification was for reduction in the finished floor level and height of the building by 0.25 metres. Plans were provided to the Certifier. BCA Crown Certificate Blackett Maguire Goldsmith Certificate No. CRO-18138 dated 9/9/19

Compliant

1.9 A A3 (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; and

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

1.11 A 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). In the event of an inconsistency, ambiguity or conflict between any of the documents listed in condition A2(c), the most recent document prevails to the extent of the inconsistency, ambiguity or conflict.

No inconsistencies, ambiguity or conflict have been identified.

Not Triggered

1.12 A A5 Limits of Consent This consent lapses five years after the date of consent unless the works associated with the development have physically commenced.

Condition of Consent SSD 9103 dated 5/7/19. Consent expiration date: 5/7/24. Project is expected to be completed on 12/20.

Compliant

1.13 A A6 Prescribed Conditions The Applicant must comply with all relevant prescribed conditions of development consent under Part 6, Division 8A of the EP&A Regulation.

Compliance with BCA and signage requirements. Sighted: BCA Crown Certificate Blackett

Compliant


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Maguire Goldsmith Certificate No. CRO-18138 dated 9/9/19.

1.14 A A7 Planning Secretary as Moderator In the event of a dispute between the Applicant and a public authority, in relation to an applicable requirement in this approval or relevant matter relating to the Development, either party may refer the matter to the Planning Secretary for resolution. The Planning Secretary’s resolution of the matter must be binding on the parties.

No disputes between the Applicant and a public authority had occurred to the date of the audit.

Not Triggered

1.15 A A8 Long Service Levy For work costing $25,000 or more, a Long Service Levy must be paid. For further information please contact the Long Service Payments Corporation Helpline on 131 441.

Long Service Levy Receipt - payment No. 0357125 dated 10/05/19 for $143,682 was sighted as evidence.

Compliant

1.16 A A9 Legal Notices Any advice or notice to the consent authority must be served on the Planning Secretary.

No legal notices received. Not Triggered

1.17 A A10 Evidence of Consultation Where conditions of this consent require consultation with an identified party, the Applicant must:

There is a MHD Development Communication Log in place. First item recorded on 15/9/17 and last record on 15/5/19. Log includes date, type, subject and person whom was consulted. Sighted meeting minutes on the 14/8/19 (meetings are conducted, as required) with Nambucca Shire Council re. public domain works, community consultation, sewer installation and plumbing inspections. Meeting attended by HI, PwC and Local Council members. CEMP submitted to Council on 18/6/19 and TMP sent to Council on the 4/6/19. Community Communication Strategy was sent to HI on the 20 May 2019.

Compliant

1.18 A A10 (a) consult with the relevant party prior to submitting the subject document for information or approval; and

1.19 A A10 (b) provide details of the consultation undertaken including:

1.20 A A10 (b) (i)

the outcome of that consultation, matters resolved and unresolved; and

1.21 A A10 (b) (ii)

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

1.22 A A11 Staging, Combining and Updating Strategies, Plans and Programs With the approval of the Planning Secretary, the Applicant may:

Construction was not staged as per this condition.

Not Triggered


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1.23 A A11 (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);

Contractor noted staging for Crown Certificate Approvals: CC1 - Early works comprising in ground services, in ground piling works and slabs on ground only. CC2 - Remaining building works associated with the construction of the new 3 storey hospital. 1.24 A A11 (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); and

1.25 A A11 (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).

1.26 A A12 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.

No staging strategy, plan or program presented to DPIE.

Not Triggered

1.27 A A13 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.

No staging strategy, plan or program presented to DPIE.

Not Triggered

1.28 A A14 Demolition Demolition work must comply with Australian Standard AS 2601-2001 The demolition of structures (Standards Australia, 2001). The work plans required by AS 2601-2001 must be accompanied by a written statement from a suitably qualified person that the proposals contained in the work plan comply with the safety requirements of the Standard. The work plans and the statement of compliance must be submitted to the Certifying Authority before the commencement of works.

No demolition works required. It was a green field.

Not Triggered


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1.29 A A15 Structural Adequacy All new buildings and structures, and any alterations or additions to existing buildings and structures, that are part of the development, must be constructed in accordance with the relevant requirements of the BCA. Notes: Part 8 of the EP&A Regulation sets out the requirements for the certification of the development. Under section 21 of the Coal Mine Subsidence Compensation Act 2017, the Applicant is required to obtain the Chief Executive of Subsidence Advisory NSW’s approval before carrying out certain development in a Mine Subsidence District.

Evidence Sighted: - Crown Certificate from Blackett Maguire Goldsmith: BCA Crown Certificate CRO-18138 dated 9/9/19. - Structural Design Statement by Bonacci Group (NSW) PL dated 19/08/19 - Structural Plans by Bonacci Group (NSW) PL dated 22/03/19.

Compliant

1.30 A A16 External Walls and Cladding The external walls of all buildings including additions to existing buildings must comply with the relevant requirements of the BCA.

Included as part of the Architectural Design Statement by Silver Thomas Hanley PL dated 20/6/19 submitted under the BCA Crown Certificate Blackett Maguire Goldsmith Certificate No. CRO-18138 dated 9/9/19

Compliant

1.31 A A17 Design and Construction for Bush Fire Water, electricity and gas are to comply with sections 4.1.3 and 4.2.7 of Planning for Bush Fire Protection 2006.

Included as part Hydraulic Design Statement by Marline Newcastle PL dated 6/8/19. Included as part of Electrical Design Statement by Electrical Projects Australia PL dated 16/08/19.

Compliant

1.32 A A18 Applicability of Guidelines 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.

Guidelines such as BCA and Australian Standards requirements are included in the Design and BCA Certificates.

Compliant

1.33 A A19 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.

No directions received from the Planning Secretary regarding updated or revised versions.

Not Triggered

1.34 A A20 Monitoring and Environmental Audits Any condition of this consent that requires the carrying out of monitoring or an environmental audit, whether directly or by way of a plan, strategy or program, is taken

Fortnightly HSE inspections to assess erosion and sedimentation controls, dust, waste management, flora and fauna, traffic control, etc. Dust suppression sighted: water cart when

Compliant


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to be a condition requiring monitoring or an environmental audit under Division 9.4 of Part 9 of the EP&A Act. This includes conditions in respect of incident notification, reporting and response, non- compliance notification, Site audit report and independent auditing. Note: For the purposes of this condition, as set out in the EP&A Act, “monitoring” is monitoring of the development to provide data on compliance with the consent or on the environmental impact of the development, and an “environmental audit” is a periodic or particular documented evaluation of the development to provide information on compliance with the consent or the environmental management or impact of the development.

windy and dry. State audit HSE completed on 24/7/19 No.000418 conducted by HY State Environmental Coordinator; audit included high risk construction works, environmental controls (dust, erosion and sedimentation controls, wastes) and management plans. Monthly task observations e.g. checklist dated 9/09/2019 by HSE coordinator. This is the first independent environmental audit by AQUAS.

1.35 A A21 Access to Information At least 48 hours before the commencement of construction until the completion of all works under this consent, or such other time as agreed by the Planning Secretary, the Applicant must:

Website for the project has been set-up in Planning website: https://www.planningportal.nsw.gov.au/major-projects/project/13366 Also, there is another website (NSW Gov) with the project description: https://mnclhd.health.nsw.gov.au/hospitals/mnclhd-major-capital-works/macksville-hospital-development/

Non-Compliance NC-02: Not all information or documents required by this condition have been uploaded in a public website i.e.: - CEMP and subplans - Performance report - Monitoring results - Complaints register It is recommended that the Contractor include all the required information in the relevant website.

Non-compliant

1.36 A A21 (a) make the following information and documents (as they are obtained or approved) publicly available on its website:

1.37 A A21 (a) (i)

the documents referred to in condition A2 of this consent;

Sighted Plans in website except for MH-AR-DWG-10-002.

1.38 A A21 (a) (ii)

all current statutory approvals for the development; SSD 9103 posted

1.39 A A21 (a) (iii)

all approved strategies, plans and programs required under the conditions of this consent;

CEMP and subplans not posted.

1.40 A A21 (a) (iv)

regular reporting on the environmental performance of the development in accordance with the reporting arrangements in any plans or programs approved under the conditions of this consent;

Performance report not posted.

1.41 A A21 (a) (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;

Monitoring results/reports not posted.

https://www.planningportal.nsw.gov.au/major-projects/project/13366

https://www.planningportal.nsw.gov.au/major-projects/project/13366

https://mnclhd.health.nsw.gov.au/hospitals/mnclhd-major-capital-works/macksville-hospital-development/




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1.42 A A21 (a) (vi)

a summary of the current stage and progress of the development;

Website (NSW Gov) includes the project description: https://mnclhd.health.nsw.gov.au/hospitals/mnclhd-major-capital-works/macksville-hospital-development/

1.43 A A21 (a) (vii)

contact details to enquire about the development or to make a complaint;

Contact details for 'contact planner' were posted on website

1.44 A A21 (a) (viii)

a complaints register, updated monthly; Complaint register not posted.

1.45 A A21 (a) (ix)

audit reports prepared as part of any independent audit of the development and the Applicant’s response to the recommendations in any audit report;

None to date. This audit report to be posted on the website once finalised.

1.46 A A21 (a) (x)

any other matter required by the Planning Secretary; and

No other information has been requested.

1.47 A A21 (b) keep such information up to date, to the satisfaction of the Planning Secretary.

Noted.

1.48 A A22 Compliance 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.

Site induction presentation was sighted that included compliance with SSD 9103 Conditions Revision 2 July 2019.

Compliant

1.49 A AN1 Advisory Notes 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.

No other licences required. Not Triggered

2.0 PART B - PRIOR TO COMMENCEMENT OF CONSTRUCTION

2.1 B B1 Notification of Commencement The Department must be notified in writing of the dates of commencement of physical work and operation at least 48 hours before those dates.

According to MHD Contract Programme (Rev.1 dated 18/4/19) works commence on site on the 29/4/19. Notification from HY to PwC was sent on the 20/5/19. No documented evidence was available to verify that notification to DPIE was provided at

Non-Compliance NC-03: Notification to DPIE was not provided at least 48 hours prior commencement of physical works.

Non-Compliant







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least 48 hours prior commencement of physical works.

2.2 B B2 If the construction or operation of the development is to be staged, the Department must be notified in writing at least 48 hours before the commencement of each stage, of the date of commencement and the development to be carried out in that stage.

No staging presented to DPIE. Not Triggered

2.3 B B3 The Applicant is to notify TfNSW in writing the proposed construction schedule prior to the commencement of works. This condition has been imposed on the recommendation of TfNSW.

Sighted TfNSW notification letter on the 20/5/19.

Compliant

2.4 B B4 Certified Drawings Prior to the commencement of construction, the Applicant must submit to the satisfaction of the Certifier structural drawings prepared and signed by a suitably qualified practising Structural Engineer that demonstrates compliance with:

Presented Crown Certificate 2: BCA Crown Certificate CRO-18138 dated 9/9/19 sighted. Certificate indicates that Structural Plans were prepared by Bonacci Group 22/3/19 and Structural Design Statement was provided 19/8/19 by Bonacci Group. Construction Certificate includes compliance with BCA requirements. Drawings were approved with BCA Crown Certificate #2 on the 9/9/19.

Non-Compliance NC-04: Structural drawings were submitted on 22/3/19; however, approval from the Certifier was provided on the 9/9/19 which is after commencement of construction.

Non-compliant

2.5 B B4 (a) the relevant clauses of the BCA; and

2.6 B B4 (b) this development consent.

2.7 B B5 External Walls and Cladding Prior to the commencement of construction, the Applicant must provide the Certifying Authority with documented evidence that the products and systems proposed for use or used in the construction of external walls, including finishes and claddings such as synthetic or aluminium composite panels, comply with the requirements of the BCA.

Vitradual Product Assessment was completed by Red Fire Engineers 3/6/19. Initial submission of proposed products was made on the 1/7/19, comments and rejection were provided by Certifier on the 25/7/19. Details of products were sent again on the 9/8/19. Approval of materials and products was then received on 15/8/19, sighted letter from Blackett Maguire + Goldsmith. Products comply with BCA requirements, however this was provided to the Certifying Authority after commencement of construction.

Non-Compliance NC-05: Documented evidence for materials to be used in the construction of external walls and claddings was submitted after commencement of construction.

Non-compliant

2.8 B B6 The Applicant must provide a copy of the documentation given to the Certifying Authority to the Planning Secretary within seven days after the Certifying Authority accepts it.

Certificate from Blackett Maguire + Goldsmith was submitted to DPIE on the 16/8/19.

Compliant


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2.9 B B7 Protection of Public Infrastructure Before the commencement of construction, the Applicant must:

Dial before you dig enquiry date was made on 2/5/19. Dilapidation Report completed by HY on 13/5/19 from BIM 360 system. Crown Certificate No. CRO-18127 includes the dilapidation report in the attachments #8. Copy of the dilapidation report was sent to Nambucca Shire Council on the 13/5/19

Compliant

2.10 B B7 (a) consult with the relevant owner and provider of services that are likely to be affected by the development to make suitable arrangements for access to, diversion, protection and support of the affected infrastructure;

2.11 B B7 (b) prepare a dilapidation report identifying the condition of all public infrastructure in the vicinity of the site (including roads, gutters and footpaths); and

2.12 B B7 (c) submit a copy of the dilapidation report to the Certifying Authority and Council.

2.13 B B8 Unexpected Contamination Procedure Prior to the commencement of earthworks, the Applicant must prepare an unexpected contamination procedure to ensure that potentially contaminated material is appropriately managed. The procedure must form part of the of the CEMP in accordance with condition B18 and where any material identified as contaminated is to be disposed off-site, the disposal location and results of testing submitted to the Planning Secretary prior to its removal from the site.

Section 4.13.3 of the CEMP includes the process for Unexpected Finds - Contaminations. No unexpected finds to date.

Compliant

2.14 B B9 Utility and Services Before the construction of any utility works associated with the development, the Applicant must obtain relevant approvals from service providers.

Sighted correspondence between eHealth NSW and Telstra from 14/3/19 up to 25/5/19 re. brining fibre to site. Sighted email 11/1/19 from Public Work NSW Gov, Health and Council re. water and sewer, matter still ongoing. Sighted letter to essential energy 7/8/19 from HI re. confirmation of instructions held for creation of easement in favour of essential energy, sighted bank guarantee 9/9/19.

Compliant


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2.15 B B10 Prior to the commencement of above ground works written advice must be obtained from the electricity supply authority, an approved telecommunications carrier and an approved gas carrier (where relevant) stating that satisfactory arrangements have been made to ensure provisions of adequate services.

Sighted correspondence between eHealth NSW and Telstra from 14/3/19 up to 25/5/19 re. brining fibre to site. Sighted email 11/1/19 from Public Work NSW Gov, Health and Council re. water and sewer matter still ongoing. Sighted letter to essential energy 7/8/19 from HI re. confirmation of instructions held for creation of easement in favour of essential energy, sighted bank guarantee 9/9/19.

Compliant

2.16 B B11 Community Communication Strategy A Community Communication Strategy must be prepared to provide mechanisms to facilitate communication between the Applicant, the relevant Council and the community (including adjoining affected landowners and businesses, and others directly impacted by the development), during the design and construction of the development and for a minimum of 12 months following the completion of construction. The Community Communication Strategy must:

Community Consultation Strategy (prepared by HI) dated 20 May 2019 in place. Revision 1.0 - approved and saved on 4/9/19.

Compliant

2.17 B B11 (a) identify people to be consulted during the design and construction phases;

Section 1.2 Engagement Objectives and Section 2.0 Key Stakeholders

2.18 B B11 (b) set out procedures and mechanisms for the regular distribution of accessible information about or relevant to the development;

Section 3.0 Communication Tools e.g. phone numbers, email addresses, community forums/reference groups, flyers, newsletters, project website, etc. Section 3.1, 3.2, 3.3 and 3.4

2.19 B B11 (c) provide for the formation of community-based forums, if required, that focus on key environmental management issues for the development;

Section 3.0 Communication Tools e.g. online feedback forms, surveys and community forums/reference groups, community updates.

2.20 B B11 (d) set out procedures and mechanisms:

2.21 B B11 (d) (i)

through which the community can discuss or provide feedback to the Applicant;

Section 4.0 feedback mechanisms and procedures

2.22 B B11 (d) (ii)

through which the Applicant will respond to enquiries or feedback from the community; and

Section 4.0 feedback mechanisms and procedures

2.23 B B11 (d) (iii)

to resolve any issues and mediate any disputes that may arise in relation to construction and operation of the

Section 4.1 issues, disputes and complaints


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development, including disputes regarding rectification or compensation.

2.24 B B12 The Community Communication Strategy must be submitted to the Planning Secretary for approval no later than two weeks before the commencement of any work.

Community Consultation Strategy was submitted to DPIE on the 20/5/19. Timeframe of submission does not comply with the requirement of this condition.

Non-Compliance NC-06: Community Consultation Strategy was submitted on 20/5/19 which does not comply with the require timeframe of this condition (no later than two weeks before commencement of construction; construction started 29/4/19).

Non-Compliant

2.25 B B13 Work for the purposes of the development must not commence until the Community Communication Strategy has been approved by the Planning Secretary, or within another timeframe agreed with the Planning Secretary.

Approval from DPIE was provided on the 23/5/19.

Compliant

2.26 B B14 Ecologically Sustainable Development Prior to the commencement of the building works (excluding site preparatory works), the Applicant shall submit details of all design measures to the Certifying Authority demonstrating that the proposed new buildings incorporate ecologically sustainable development initiatives comparable to projects of a 4-star Green Star rating.

Sighted Section J-JV3 report prepared by Ashburner Francis PL dated 9/8/19 Issue 1 No. EE19-0440 Energy Efficiency Services. Also sighted Green Star Analysis report prepared by HY dated 21/8/19 (rev.3) 6/8/19 (rev.2). Compliance Certificate - Design JV3 9/8/19 by Ashburner Francis.

Compliant

2.27 B B15 Outdoor Lighting Prior to commencement of construction, all outdoor lighting within the site must comply with AS 1158.3.1:2005 Lighting for roads and public spaces – Pedestrian area (Category P) lighting – Performance and design requirements and AS 4282-1997 Control of the obtrusive effects of outdoor lighting. Details demonstrating compliance with these requirements must be submitted to the satisfaction of the Certifying Authority.

Electrical Design Statement dated 16/8/19 part of the BCA Crown Certificate CRO-18138 #2 dated 9/9/19 was sighted. The document from Electrical Projects Australia included outdoor lighting requirements. However, this was completed after commencement of construction.

Non-Compliance NC-07: Outdoor lighting requirements were submitted on the 16/8/19 and approved 9/9/19 which is after commencement of construction.

Non-compliant


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2.28 B B16 Access for People with Disabilities The works that are the subject of this application must be designed and constructed to provide access and facilities for people with a disability in accordance with the BCA. Prior to the commencement of construction, the Certifying Authority must ensure that evidence of compliance with this condition from an appropriately qualified person is provided and that the requirements are referenced on any certified plans.

Sighted Access Report No. IAC-874 dated 27/8/19 (Rev. D) from 'iAccess consultants'. Access report was sent to the Certifier on 14/01/19 (Rev. B), updated on 25/7/19 (Rev. C) and approved on 27/8/19 (Rev. D). Access report is part of the BCA Crown Certificate CRO-18138 #2 dated 9/9/19.

Non-Compliance NC-08: Access report was submitted on 14/1/19, however approval from the Certifying Authority was provided 9/9/19 which is after commencement of construction.

Non-compliant

2.29 B B17 Environmental Management Plan Requirements Management plans required under this consent must be prepared in accordance with relevant guidelines, and include:

Environmental Management Plan (EMP) dated April 2019 Rev.1 was developed; Plan was updated to CEMP on the 2 August 2019 (Rev.5). EMP included noise, vibration, dust and traffic controls. Note: EMP indicates in page 4 table that is a Rev.4 dated 21/3/19; however, footers and front page indicate a different date April 2019. Plan to be revised to provide consistency on the dates and revision numbers.

Opportunity for Improvement: CEMP to have the correct revision numbers in the footer, revision table and front page.

Compliant

2.30 B B17 (a) detailed baseline data;

2.31 B B17 (b) details of:

2.32 B B17 (b) (i)

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

Section 3.6.3 makes reference to the Legal compliance and other requirements. HYWAY system is used to access 'legislation standards and codes of practice'. HY does not have an EPA licence. Active licence is maintained by Pacifico - previous contractor.

2.33 B B17 (b) (ii)

any relevant limits or performance measures and criteria; and

Relevant criteria were noted in each sub-plan refer to Noise and Vibration Management Plan. Section 3.3 and 3.4 of EMP defined the objectives and targets.

2.34 B B17 (b) (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;

Section 3.4 of EMP includes KPIs, targets and responsibility

2.35 B B17 (c) a description of the measures to be implemented to comply with the relevant statutory requirements, limits, or performance measures and criteria;

Relevant measures were defined in each sub-plan.


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2.36 B B17 (d) a program to monitor and report on the: Sighted site management Dashboard for June / July 2019; it includes number of inspections (1 required a month). Sighted Cleanaway report for July and August 2019. Environmental incidents are reported. Nil to date.

Opportunity for Improvement: Process of reporting all environmental monitoring results in the Dashboard was not documented in the CEMP. An opportunity to include the documentation of the reporting process to ensure consistency in reporting environmental performance is recommended.

2.37 B B17 (d) (i)

impacts and environmental performance of the development;

Waste reporting sighted in section 4.14.5 and NGER reporting in section 5.3

2.38 B B17 (d) (ii)

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

Inspections and review of environmental controls in accordance with Site HSE Inspections procedure. Currently doing fortnightly inspections (but target is 1 a month).

2.39 B B17 (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;

4.13.3 unexpected contaminations

2.40 B B17 (f) a program to investigate and implement ways to improve the environmental performance of the development over time;

Dashboard is used to check environmental performance trends.

2.41 B B17 (g) a protocol for managing and reporting any:

2.42 B B17 (g) (i)

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

Section 5.1.1 environmental incidents to be reported in accordance with HSE Incident procedure. Section 5.2 indicates that NCs issues are raised in BIM360 Filed.

2.43 B B17 (g) (ii)

complaint; Section 4.13 indicates that complaints will be recorded

2.44 B B17 (g) (iii)

failure to comply with statutory requirements; and Section 3.4.2 objective to comply with all environmental legislation, environmental incidents and emergencies to be reported to EPA, SafeWork NSW and Relevant Council (section 5.0)

2.45 B B17 (h) a protocol for periodic review of the plan. Note: The Planning Secretary may waive some of these

Plan gets reviewed 6-monthly - this is indicated in the PMP (review of the CEMP included).


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requirements if they are unnecessary or unwarranted for particular management plans

2.46 B B18 Construction Environmental Management Plan The Applicant must prepare a Construction Environmental Management Plan (CEMP) and it must include, but not be limited to, the following:

Construction Environmental Management Plan (CEMP) dated August 2019 Rev.4 and sub-plans were developed.

Compliant

2.47 B B18 (a) Details of:

2.48 B B18 (a) (i)

hours of work; Section 4.3 construction hours

2.49 B B18 (a) (ii)

24-hour contact details of site manager; Section 4.2 Site Contact details included

2.50 B B18 (a) (iii)

management of dust and odour to protect the amenity of the neighbourhood;

Section 4.9 air quality and dust control

2.51 B B18 (a) (iv)

stormwater control and discharge; Section 4.10.2 soil, erosion and water quality - mitigation strategies

2.52 B B18 (a) (v)

measures to ensure that sediment and other materials are not tracked onto the roadway by vehicles leaving the site;

Section 4.10.2 soil, erosion and water quality - mitigation strategies

2.53 B B18 (a) (vi)

groundwater management plan including measures to prevent groundwater contamination or level change;

Section 4.13.5 release of contaminants to soil and groundwater

2.54 B B18 (a) (vii)

external lighting in compliance with AS 4282-1997 Control of the obtrusive effects of outdoor lighting;

Section 4.5 environmental risk register includes: visual risk (external lighting in accordance with AS 4282-1997)

2.55 B B18 (a) (viii)

community consultation and complaints handling; Section 4.16 environmental complaints. Traffic Mgt Plan includes: Consultation and Communication Strategy (page 15)

2.56 B B18 (b) Construction Traffic and Pedestrian Management Sub-Plan (see condition B20);

Traffic Management Plan dated 13/5/19 Rev.1

2.57 B B18 (c) Construction Noise and Vibration Management Sub-Plan (see condition B21);

Noise and Vibration Management plan dated 15/5/19 Rev.0

2.58 B B18 (d) Construction Waste Management Sub-Plan (see condition B22);

Section 4.14 of the EMP

2.59 B B18 (e) Construction Soil and Water Management Sub-Plan (see condition B23)

Section 4.10 Soil, Erosion and Water Quality

2.60 B B18 (f) an unexpected finds protocol for contamination and associated communications procedure;

Section 4.13.3 Unexpected finds


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2.61 B B18 (g) an unexpected finds protocol for Aboriginal and non-Aboriginal heritage and associated communications procedure;

Section 4.12.3 Aboriginal & non-Aboriginal Heritage Unexpected Finds. Aboriginal artefact found outside the construction zone - meeting has been planned for tomorrow with HI, Council.

2.62 B B18 (h) An Arborist Report detailing tree protection measures required for all existing trees on-site which are not approved in this consent for removal;

Arboricultural Impact Assessment 15/5/19 Ref. No. C91466 prepared ArborSafe indicating no trees are required to be removed/protected.

2.63 B B18 (i) waste classification (for materials to be removed) and validation (for materials to remain) be undertaken to confirm the contamination status in these areas of the site.

Section 4.13 site contamination & 4.14 Waste Management of the EMP; 4.13.3

2.64 B B19 The Applicant must not commence construction of the development until the CEMP is approved by the Certifying Authority and a copy submitted to the Planning Secretary.

CEMP was initially submitted to the Certifier in May 2018 (Rev.1). Certifier Authority approved CEMP on the 28/6/19 as part of BCA Crown Certificate #1. Copy of the CEMP (Rev. 4 – 21/3/19) was provided to DPIE on 24/9/19.

Non-compliance NC-09: CEMP was approved by the Certifier Authority after commencement of construction.

Non-compliant

2.65 B B20 Construction Traffic and Pedestrian Management Sub-Plan The Construction Traffic and Pedestrian Management Sub-Plan (CTPMSP) must address, but not be limited to, the following:

Traffic Management Plan dated 13/5/19 Rev.1

Compliant

2.66 B B20 (a) be prepared by a suitably qualified and experienced person(s);

Prepared by Ahoy Traffic Control

2.67 B B20 (b) be prepared in consultation with Nambucca Shire Council and RMS;

EMP section 4.8.2 indicates TMP will be developed in consultation with Nambucca Shire Council. TMP Page 15 indicates consultation with RMS and local council. Transmittal dated 4/6/19 was sighted indicating HY send a copy of the TMP to Nambucca Shire Council.

2.68 B B20 (c) detail the measures that are to be implemented to ensure road safety and network efficiency during construction in consideration of potential impacts on general traffic, cyclists and pedestrians and bus services;

Page 21 - road safety barriers Page 22 - maintenance of roadways Page 13 - managing pedestrians Page 14 - managing cyclists


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2.69 B B20 (d) detail heavy vehicle routes, access and parking arrangements;

Page 13 - maintaining access for heavy vehicle - indicates that heavy vehicles will not be affected by the proposed works.

2.70 B B20 (e) include a Driver Code of Conduct to: Page 25 - driver responsibilities

2.71 B B20 (e) (i)

minimise the impacts of earthworks and construction on the local and regional road network;

Page 11 - traffic impacts - road network

2.72 B B20 (e) (ii)

minimise conflicts with other road users; Page 11 - traffic impacts - traffic data and analysis

2.73 B B20 (e) (iii)

minimise road traffic noise; and 40km speed limit in place to reduce traffic noise Note: Pre-delivery brief to include this requirement from the TMP.

2.74 B B20 (e) (iv)

ensure truck drivers use specified routes; Page 25 - driver responsibilities

2.75 B B20 (f) include a program to monitor the effectiveness of these measures; and

- inspections of traffic control

2.76 B B20 (g) if necessary, detail procedures for notifying residents and the community (including local schools), of any potential disruptions to routes; and

Page 16 - media and community events and communication methods Page 17 - information to be reported

2.77 B B20 (h) Include traffic control plans designed in accordance with the RMS Traffic Control at Worksites Manual.

This is not required as only one road is used to access the site. Traffic signage in place, 40km speed limit in place.

2.78 B B21 Construction Noise and Vibration Management Sub-Plan The Construction Noise and Vibration Management Sub-Plan must address, but not be limited to, the following:

Noise and Vibration Management plan dated 15/5/19 Rev.0

Compliant

2.79 B B21 (a) be prepared by a suitably qualified and experienced noise expert;

Prepared by Acoustic Logic

2.80 B B21 (b) describe procedures for achieving the noise management levels in EPA’s Interim Construction Noise Guideline (DECC, 2009);

Included in section 4.3

2.81 B B21 (c) describe the measures to be implemented to manage high noise generating works such as piling, in close proximity to sensitive receivers;

Section 4.3, 5.1 construction noise and table 2 and section 6.2

2.82 B B21 (d) include strategies that have been developed with the community for managing high noise generating works;

Section 6.2 Noise impacts assessment, Section 6.5 recommendations and Section 7.0 control of construction Noise and Vibration


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2.83 B B21 (e) describe the community consultation undertaken to develop the strategies in condition B21(d);

Section 8.0

2.84 B B21 (f) include a complaints management system that would be implemented for the duration of the construction;

Section 8.2 dealing with complaints.

2.85 B B21 (g) adherence to the recommendations of the Construction and Operational Noise and Vibration Assessment, prepared by Arup and dated 18 May 2018, and the report addendum letter, dated 6 December 2018 by Arup, Ref. 249368, as modified by the conditions of this consent.

Noted.

2.86 B B22 Construction Waste Management Sub-Plan The Construction Waste Management Sub-Plan (CWMSP) must address, but not be limited to, the following:

Section 4.14 of the EMP Non-Compliance NC-10: Waste Management section 4.14 in the CEMP does not include details on waste generated during construction and the proposed reuse, recycling and disposal locations.

Non-compliant

2.87 B B22 (a) detail the quantities of each waste type remaining on site from its prior uses, waste generated during construction and the proposed reuse, recycling and disposal locations;

Not included specifically in the plan but waste register is in place. Also, disposal facilities are not included in plan, but Cleanaway do that.

2.88 B B22 (b) removal of hazardous materials, particularly the method of containment and control of emission of fibres to the air, and disposal at an approved waste disposal facility in accordance with the requirements of the relevant legislation, codes, standards and guidelines, prior to the commencement of any building works.

Section 4.14.4 waste collection and disposal Section 4.14.7 mitigation strategies - including hazardous materials.

2.89 B B23 Construction Soil and Water Management Sub-Plan The Applicant must prepare a Construction Soil and Water Management Sub-Plan (CSWMSP) and the plan must address, but not be limited to the following:

Section 4.10 Soil, Erosion and Water Quality of the EMP

Compliant

2.90 B B23 (a) be prepared by a suitably qualified expert, in consultation with Council;

Soil and water management plan drawing dated 21/2/19 prepared by Bonacci - approved under CC#1. Soil and water management plan approved on 28/6/18 by Nambucca Shire Council refer to DA 2018/076.


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2.91 B B23 (b) describe all erosion and sediment controls to be implemented during construction;

Section 4.10.2 mitigation strategies - erosion and sediment control devices to be maintained and inspected, sediment fences be installed and inspected during the HSE inspection.

2.92 B B23 (c) include an Acid Sulfate Soils Management Plan, including measures for the management, handling, treatment and disposal of acid sulfate soils, including monitoring of water quality at acid sulfate soils treatment areas

Section 4.13.1 indicate that a contaminated soil risk assessment was not required. Also, a geotechnical study report 2/5/18 No. RGS31237.1 prepared by Regional Geotechnical Solutions was conducted and no ASSMP was required.

2.93 B B23 (d) provide a plan of how all construction works will be managed in wet-weather events (i.e. storage of equipment, stabilisation of the Site);

Soil and water management plan drawing dated 21/2/19 prepared by Bonacci included site stabilisation and sediment basin.

2.94 B B23 (e) detail all off-Site flows from the Site; Soil and water management plan drawing dated 21/2/19 prepared by Bonacci included the flows.

2.95 B B23 (f) describe the measures that must be implemented to manage stormwater and flood flows for small and large sized events, including, but not limited to 1 in 1-year ARI, 1 in 5-year ARI and 1 in 100-year ARI);

Section 4.10.2 mitigation strategies - clean stormwater shall be diverted around the site or to retention basins.

2.96 B B23 (g) Provide a plan to minimise disturbance of land and minimise water flow through the site; and

Soil and water management plan drawing dated 21/2/19 prepared by Bonacci included the water flows.

2.97 B B23 (h) Filtering, trapping or detaining sediment to be prepared and implemented in accordance with the Blue Book Landcom Managing Urban Stormwater: Soils and Construction 4th Ed. 2004.

Soil and water management plan drawing dated 21/2/19 prepared by Bonacci included erosion and sediment control plan.

2.98 B B24 Construction Parking Prior to the commencement of construction, the Applicant must provide sufficient parking facilities on-site, including for heavy vehicles and for site personnel, to ensure that construction traffic associated with the development does not utilise public and residential streets or public parking facilities.

Page 18 of the TMP dated 13/05/19 indicates that parking arrangements will be provided by HY by way of a subcontractor car park. Enough parking spaces were set-up on site and there is no use of public / residential streets or public parking facilities.

Compliant


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2.99 B B25 Road Design and Traffic Facilities All roads and traffic facilities must be designed to meet the requirements of Council or RMS (whichever is applicable). The necessary permits and approvals from the relevant road authority must be obtained prior to the commencement of road or pavement construction works.

No roads or traffic facilities being constructed. Not Triggered

2.100 B B26 Road Upgrades Prior to the commencement of construction, the Applicant must submit to the Certifying Authority plans and specifications for a shared pedestrian and bicycle path from the eastern side of the access road, at the southern boundary of the site, to the hospital main entrance.

BCA Crown Certificate #2 includes: Internal roads, bicycle parking by Bonacci Group 28/6/19.

Non-Compliance NC-11: The Plans and specifications for pedestrian and bicycle path were submitted to Certifying Authority after commencement of construction.

Non-compliant

2.101 B B27 Within six months of the commencement of construction, the Applicant must submit to the Certifying Authority evidence of consultation with Council to develop plans and specifications for the provision of a shared path from the hospital site, connecting from the shared path described in Condition B26, to Letitia Close alongside the access road. The path may be located on the road with line marking if the Applicant demonstrates that plan is in accordance with Council’s specifications for roads.

BCA Crown Certificate #2 includes: Internal roads, bicycle parking by Bonacci Group 28/6/19.

Not Triggered

2.102 B B28 Stormwater Management System Prior to the commencement of construction, the Applicant must design an operational stormwater management system for the development and submit it to the satisfaction of the Certifying Authority. The system must:

Civil Construction Design Certificate - dated 9/5/19 prepared by Bonacci included stormwater management system - drainage drawing included. Certificate is part of the BCA Crown Certificate #1 dated 28/6/19 which was provided after the construction started.

Non-Compliance NC-12: The Design Certificate for Stormwater management system was approved by the Certifying Authority on 28/6/19 which is after construction commenced.

Non-compliant

2.103 B B28 (a) be designed by a suitably qualified and experienced person(s);

Bonacci

2.104 B B28 (b) be generally in accordance with the conceptual design in the EIS;

In compliance with the EIS and condition B28

2.105 B B28 (c) be in accordance with applicable Australian Standards; Reference to AS 3500 included


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2.106 B B28 (d) 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;

Certificate of Design - Civil included reference to Australian Rainfall 2016 and Landcom 2004 Managing Urban Stormwater

2.107 B B29 Operational Noise – Impact Upon External Receivers Prior to commencement of construction, the Applicant must incorporate the noise mitigation recommendations in the Construction and Operational Noise and Vibration Assessment, by Arup, dated 18 May 2018, and the Acoustic Impact Assessment Report Addendum letter by Arup, dated 6 December 2018 into the detailed design drawings, as amended by the conditions of this consent. The Certifying Authority must verify that all reasonable and feasible noise mitigation measures have been incorporated into the design to ensure the development will not exceed the lower (that is, most stringent) value of the two different noise levels (‘the intrusiveness noise levels’ and the ‘project amenity noise levels’) presented in Table 1: NPI project noise criteria of the Acoustic Impact Assessment Report Addendum letter, prepared by Arup and dated 6 December 2018, as the project noise trigger level for the project.

Acoustic Report dated 26/7/19 was prepared by Acoustic Logic. Acoustic certificate was provided with references to B29, all acoustic treatments have been incorporated. Report is part of the BCA Crown Certificate #2 dated 9/9/19.

Non-Compliance NC-13: Noise mitigation recommendations were submitted after commencement of construction.

Non-compliant

2.108 B B30 External Noise Impact Upon Hospital Occupants Prior to the commencement of construction, the Applicant must prepare an Acoustic Report in accordance with the Development Near Rail Corridors and Busy Roads Interim Guideline 2008, which includes details of how the building will not exceed the noise criteria for hospitals.

Sighted Acoustic Report dated 26/7/19 was prepared by Acoustic Logic. Acoustic Logic letter dated 26/7/19 N. 20190520.2/3007A/R1/AW - re. review of external façade. This was prepared after construction started.

Non-Compliance NC-14: Acoustic report was submitted after commencement of construction.

Non-compliant

2.109 B B31 Construction and Demolition Waste Management The Applicant must notify the RMS Traffic Management Centre of the truck route(s) to be followed by trucks transporting waste material from the site, prior to the commencement of the removal of any waste material from the site.

Nothing to be demolished. Not Triggered


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2.110 B B32 Operational Waste Storage and Processing Where waste removal is to be undertaken by Council, prior to the commencement of construction, the Applicant must obtain agreement from Council for the design of the operational waste storage area.

Waste removal will not be collected by Council, waste is collected by private contractor.

Not Triggered

2.111 B B33 Mechanical Ventilation All mechanical ventilation systems must be designed in accordance with Part F4.5 of the BCA and must comply with the AS 1668.2-2012 The use of air-conditioning in buildings – Mechanical ventilation in buildings and AS/NZS 3666.1:2011 Air handling and water systems of buildings– Microbial control to ensure adequate levels of health and amenity to the occupants of the building and to ensure environment protection. Details must be submitted to the satisfaction of the Certifying Authority prior to the commencement of construction.

BCA Crown Certificate #2 dated 9/9/19 included the Mechanical Design Statement by MDA Consulting Engineers dated 23 August 2019. This was provided to the Certifier after construction commenced.

Non-Compliance NC-15: Design of Mechanical Ventilation system was submitted after commencement of construction.

Non-compliant

2.112 B B34 Rainwater Harvesting Prior to the commencement of construction, the Applicant must ensure that a rainwater reuse/harvesting system for the development is developed for the site. A rainwater re-use plan for the irrigation of landscaped areas must be prepared and certified by an experienced hydraulic engineer.

Rainwater Reuse Mark-Up document was prepared by Silver Thomas Hanley PL on the 3/5/19. Document was provided as part of the BCA Crown Certificate #1 dated 28/6/19.

Non-Compliance NC-16: Rainwater reuse/harvesting system was provided after commencement of construction.

Complaint

2.113 B B35 Roadworks and Access Prior to the commencement of construction, the Applicant must submit design plans to the satisfaction of the Certifying Authority which demonstrates that the proposed internal roads comply with section 4.2.7 of Planning for Bush Fire Protection 2006.

BCA Crown Certificate #2 dated 9/9/19 includes the Internal roads, parking and bicycle parking plans by Bonacci Group dated 28/6/19. Letter of compliance HY dated 9/8/19. Note: Shared Pedestrian and Bicycle Path Plans prepared by Bonacci Group NSW PL dated 16/5/19.

Non-Compliance NC-17: Design of internal roads was provided after commencement of construction.

Non-Compliant

2.114 B B36 Car Parking and Service Vehicle Layout Compliance with the following requirements must be submitted to the satisfaction of the Certifying Authority prior to the commencement of construction:

Internal roads, parking and bicycle parking by Bonacci Group dated 28/6/19 included in BCA Crown Certificate #2 dated 9/9/19. Sighted Civil Construction Certificate Design Statement dated 4/6/18. This was not provided before commencement of construction.

Non-Compliance NC-18: Compliance with the requirements listed in this condition was submitted after commencement of construction.

Non-compliant


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2.115 B B36 (a) all vehicles must enter and leave the Site in a forward direction;

Sighed Civil Construction Certificate Design Statement dated 4/6/18, including relevant drawing.

2.116 B B36 (b) minimum of 150 on-site car parking spaces for use during operation of the development and designed in accordance with the latest version of AS2890.1;

Bonacci Design Certificate - 18/8/19

2.117 B B36 (c) the swept path of the longest vehicle entering and exiting the Site in association with the new work, as well as manoeuvrability through the Site, must be in accordance with AUSTROADS; and

Drawing - 4/6/18 civil construction certificate design statement.

2.118 B B36 (d) the safety of vehicles and pedestrians accessing adjoining properties, where shared vehicle and pedestrian access occurs, is to be addressed.

BCA Crown Certificate #2 dated 9/9/19 includes the Internal roads, parking and bicycle parking by Bonacci Group 28/6/19.

2.119 B B37 Bicycle Parking and End-of-Trip Facilities Compliance with the following requirements for secure bicycle parking and end-of-trip facilities must be submitted to the satisfaction of the Certifying Authority prior to the commencement of construction:

BCA Crown Certificate #2 dated 9/9/19 includes the Internal roads, parking and bicycle parking by Bonacci Group 28/6/19. Sighted letter of compliance HY 9/8/19. Item 35 on BCA Crown Certificate #1 dated 16/5/19.

Non-Compliance NC-19: Compliance with the requirements of this condition was submitted after commencement of construction.

Non-compliant

2.120 B B37 (a) the provision of a minimum 12 bicycle parking spaces;

2.121 B B37 (b) the layout, design and security of bicycle facilities must comply with the minimum requirements of AS 2890.3:2015 Parking facilities - Bicycle parking, and be located in easy to access, well-lit areas that incorporate passive surveillance;

2.122 B B37 (c) the provision of end-of-trip facilities for staff in accordance with the ESD Design & As Built rating tool;

2.123 B B37 (d) appropriate pedestrian and cyclist advisory signs are to be provided; and

2.124 B B37 (e) all works/regulatory signposting associated with the proposed developments shall be at no cost to the relevant roads authority.


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2.125 B B38 Public Domain Works Prior to the commencement of any works to Council owned or managed footpaths or public domain, the Applicant must consult with Council and demonstrate to the Certifying Authority that the streetscape design and treatment meets the requirements of Council, including addressing pedestrian management. The Applicant must submit documentation of approval of works to Council owned or managed assets from Council to the Certifying Authority.

No footpath or public domain works conducted to date.

Not Triggered

2.126 B B39 Compliance Reporting No later than two weeks before the date notified for the commencement of construction, a Compliance Monitoring and Reporting Program prepared in accordance with the Compliance Reporting Post Approval Requirements (Department 2018) must be submitted to the Department and the Certifying Authority.

Compliance Monitoring and Reporting Program submitted to Certifier 12/4/19 (comments received on 26/6/19).

Compliant

2.127 B B40 Compliance Reports of the project must be carried out in accordance with the Compliance Reporting Post Approval Requirements (Department 2018).

Compliance Monitoring Report (pre-construction phase) dated 26/6/19 is as per Compliance Reporting Post Approval Requirements (Department 2018).

Compliant

2.128 B B41 The Applicant must make each Compliance Report publicly available 60 days after submitting it to the Department and notify the Department and the Certifying Authority in writing at least seven days before this is done.

Compliance Report has not been uploaded on the website.

Non-Compliance NC-20: Compliance Report has not been uploaded on the website.

Non-compliant

2.129 B B42 Notwithstanding the requirements of the Compliance Reporting Post Approval Requirements (Department 2018), the Planning Secretary may approve a request for ongoing annual operational compliance reports to be ceased, where it has been demonstrated to the Planning Secretary’s satisfaction that an operational compliance report has demonstrated operational compliance

No requests to cease the ongoing annual operational compliance reports received to date.

Not Triggered

3.0 PART C - DURING CONSTRUCTION


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3.1 C C1 Approved Plans on Site A copy of the approved and certified plans, specifications and documents incorporating conditions of approval and certification must be kept on the Site at all times and must be readily available for perusal by any officer of the Department, Council or the Certifying Authority.

Copies of the approved plans i.e. Architectural Plans prepared by STH and Landscape Architecture Plans prepared by Taylor Brammer were electronically available on Aconex and on the website. Hard copies kept on site. Plans get update, as required.

Compliant

3.2 C C2 Site Notice A site notice(s):

Site notice at the site entrance gate of the construction satisfies the requirements of this condition. During the audit the site notice did not include the name of the architect, structural engineer and certifier. This was raised by the auditor and rectify immediately by HY during the audit. Therefore, HY is now compliant to this requirement.

Compliant

3.3 C C2 (a) must be prominently displayed at the boundaries of the site for the purposes of informing the public of project details including, but not limited to the details of the Builder, Certifying Authority and Structural Engineer.

3.4 C C2 (b) is to satisfy all but not be limited to, the following requirements:

3.5 C C2 (b) (i) minimum dimensions of the notice must measure 841 mm x 594 mm (A1) with any text on the notice to be a minimum of 30-point type size;

3.6 C C2 (b) (ii)

the notice is to be durable and weatherproof and is to be displayed throughout the works period;

3.7 C C2 (b) (iii)

the approved hours of work, the name of the site/ project manager, the responsible managing company (if any), its address and 24-hour contact phone number for any inquiries, including construction/ noise complaint must be displayed on the site notice; and

3.8 C C2 (b) (iv)

the notice(s) is to be mounted at eye level on the perimeter hoardings/fencing and is to state that unauthorised entry to the site is not permitted.

3.9 C C3 Operation of Plant and Equipment All plant and equipment used on site, or to monitor the performance of the development must be:

Daily pre-start checklist for scissor lift was sighted 12/9/19. Operator not signed in the log book. Equipment Records Register as part of the BIM 360 Field. No hydraulic incident spills noted. All equipment and plant were maintained and in efficient manner.

Compliant

3.10 C C3 (a) maintained in a proper and efficient condition; and

3.11 C C3 (b) operated in a proper and efficient manner.


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3.12 C C4 Demolition Demolition work must comply with Australian Standard AS 2601-2001 The demolition of structures (Standards Australia, 2001). The work plans required by AS 2601-2001 must be accompanied by a written statement from a suitably qualified person that the proposals contained in the work plan comply with the safety requirements of the Standard. The work plans and the statement of compliance must be submitted to the Certifying Authority before the commencement of works.

No demolition works have been carried out. Not Triggered

3.13 C C5 Construction Hours Construction, including the delivery of materials to and from the site, may only be carried out between the following hours:

Hours of work included in the CEMP No works on Sundays unless application for OOWH. Note: There was an incident reported to DPIE for an Out of Hours Work carried out at 3.30am on the 31/7/19. Incident has been closed.

Compliant

3.14 C C5 (a) between 7am and 6pm, Mondays to Fridays inclusive; and

3.15 C C5 (b) between 8am and 1pm, Saturdays.

3.16 C C5 No work may be carried out on Sundays or public holidays.

3.17 C C6 Activities may be undertaken outside of the hours in condition C5 if required:

No out of hours work have been conducted to date and no plans to conduct works outside working hours. Out of Hours Protocol will be followed if there is a need to conduct works outside approved working hours.

Not Triggered

3.18 C C6 (a) by the Police or a public authority for the delivery of vehicles, plant or materials; or

3.19 C C6 (b) in an emergency to avoid the loss of life, damage to property or to prevent environmental harm; or

3.20 C C6 (c) where the works are inaudible at the nearest sensitive receivers; or

3.21 C C6 (d) where a variation is approved in advance in writing by the Planning Secretary or her nominee if appropriate justification is provided for the works.

3.22 C C6 Notification of such activities must be given to affected residents before undertaking the activities or as soon as is practical afterwards.

3.23 C C7 Rock breaking, rock hammering, sheet piling, pile driving and similar activities may only be carried out between the following hours:

None of these activities have been conducted at the site so far.

Not Triggered

3.24 C C7 (a) 9am to 12pm, Monday to Friday;


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3.25 C C7 (b) 2pm to 5pm Monday to Friday; and

3.26 C C7 (c) 9am to 12pm, Saturday.

3.27 C C8 Implementation of Management Plans The Applicant must carry out the construction of the development in accordance with the most recent version of the approved CEMP (including Sub-Plans).

Implementation of CEMP and sub-plans was evident on site. Observations made during the site walk such as general housekeeping and erosion and sedimentation controls were rectified immediately: Rectifications included: controls around pits, scouring protection, lining of swale and installation of outflow protection at sediment basin.

Compliant

3.28 C C9 Construction Traffic All construction vehicles (excluding worker vehicles) are to be contained wholly within the site, except if located in an approved on-street work zone, and vehicles must enter the site before stopping.

All construction vehicles were contained onsite separated parking area for visitors and workers only vehicles that need to enter the site for work are allowed.

Compliant

3.29 C C10 Road Occupancy Licence A Road Occupancy Licence must be obtained from the relevant road authority for any works that impact on traffic flows during construction activities.

No ROL required. Not Triggered

3.30 C C11 SafeWork Requirements To protect the safety of work personnel and the public, the work site must be adequately secured to prevent access by unauthorised personnel, and work must be conducted at all times in accordance with relevant Safe Work requirements.

Site was fenced, and wayfinding signage was clear. Safety Data Sheet to be maintained to ensure they are all up to date. The following was noted during site inspection: - exclusion zone was not set up during the removal of formwork see photo in Appendix E. - EWP operator did not sign in logbook; work was stopped, and operator signed the log book prior continuing the work. - Test and tags of some electrical lead were out of date.

Non-Compliance NC-21: The following activities observed during this audit did not follow the SafeWork practices: - Exclusion zones not set up

prior high risk works commencing.

- Mobile plant log book was not signed by operator prior to operating them.

- Test and tags of electrical lead were out of date.

Non-Compliant

3.31 C C12 Hoarding Requirements The following hoarding requirements must be complied with:

During the site walk the ATF fence with mesh screen with Macksville HI logo was sighted around the site. No hoardings are required to be installed. No graffiti noted.

Not Triggered

3.32 C C12 (a) no third-party advertising is permitted to be displayed on the subject hoarding/ fencing;


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3.33 C C12 (b) the construction site manager must be responsible for the removal of all graffiti from any construction hoardings or the like within the construction area within 48 hours of its application; and

3.34 C C12 (c) the Applicant must submit a hoarding application to Council for the installation of any hoardings over Council footways or road reserve.

3.35 C C13 No Obstruction of Public Way The public way (outside of any approved construction works zone) must not be obstructed by any materials, vehicles, refuse, skips or the like, under and circumstances, unless prior approval has been obtained from the relevant authority. Non-compliance with this requirement will result in the issue of a notice by the relevant Authority to stop all works on site.

Site was far from public areas. Compliant

3.36 C C14 Construction Noise Limits The development must be constructed to achieve the construction noise management levels detailed in the Interim Construction Noise Guideline (DECC, 2009). 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 identified in the approved Construction Noise and Vibration Management Plan.

Section 5.1 of the NVMP includes the noise exceedance levels in accordance with ICNG. CNVMP noted 250 metres distance from sensitive receiver. Construction was implemented within the CNVMP requirement. No noise monitoring required as per the plan.

Compliant

3.37 C C15 The Applicant must ensure construction vehicles (including concrete agitator trucks) do not arrive at the site or surrounding residential precincts outside of the construction hours of work outlined under condition C5.

Pre-delivery brief was sent to contractors to notify the delivery hours and controls to be implemented prior to going to the site.

Compliant

3.38 C C16 The Applicant must implement, where practicable and without compromising the safety of construction staff or members of the public, the use audible movement alarms of a type that would minimise noise impacts on surrounding noise sensitive receivers.

All plants and delivery vehicles were installed with quacker/beeper sound and flashing light.

Compliant


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3.39 C C17 Any noise generated during construction of the development must not be offensive noise within the meaning of the Protection of the Environment Operations Act 1997 or exceed approved noise limits for the site.

Noise and Vibration Management plan dated 15/5/19 Rev.0 defined the baseline of noise and all equipment to be used onsite.

Compliant

3.40 C C18 Vibration Criteria Vibration caused by construction at any residence or structure outside the site must be limited to:

Noise and Vibration Management plan dated 15/5/19 Rev.0 prepared by Acoustic Logic Acceptable vibration values were included in the CNVMP as controls.

Compliant

3.41 C C18 (a) for structural damage, the latest version of DIN 4150-3 (1992-02) Structural vibration - Effects of vibration on structures (German Institute for Standardisation, 1999); and

3.42 C C18 (b) for human exposure, the acceptable vibration values set out in the Environmental Noise Management Assessing Vibration: a technical guideline (DEC, 2006) (as may be updated or replaced from time to time).

3.43 C C19 Vibratory compactors must not be used closer than 30 metres from residential buildings unless vibration monitoring confirms compliance with the vibration criteria specified in condition C18

No buildings around work site. Not Triggered

3.44 C C20 The limits in conditions C18 and C19 apply unless otherwise outlined in a Construction Noise and Vibration Management Plan, approved as part of the CEMP required by condition B21 of this consent.

No building around work site. Not Triggered

3.45 C C21 Tree Protection For the duration of the construction works:

No trees within the site boundary. The site was taken over from a previous contractor who built the Pacific Highway. The site was cleared and no trees to be removed and protected.

Not Triggered

3.46 C C21 (a) all trees on the site that are not approved for removal must be suitably protected during construction in accordance with the Arborist Report prepared as part of the Construction Environmental Management Plan, in accordance with Condition B18; and


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3.47 C C21 (b) if access to the area within any protective barrier is required during the works, it must be carried out under the supervision of a qualified arborist. Alternative tree protection measures must be installed, as required. The removal of tree protection measures, following completion of the works, must be carried out under the supervision of a qualified arborist and must avoid both direct mechanical injury to the structure of the tree and soil compaction within the canopy or the limit of the former protective fencing, whichever is the greater.

3.48 C C22 Dust Minimisation The Applicant must take all reasonable steps to minimise dust generated during all works authorised by this consent.

Street sweeper and water cart for dust suppression were in used. Wheel wash and rumble grid installed at site exit. No need for dust gauges/monitoring. Dust was managed as needed.

Compliant

3.49 C C23 During construction, the Applicant must ensure that: Compliant

3.50 C C23 (a) exposed surfaces and stockpiles are suppressed by regular watering;

Water cart was used for dust suppression. The site was sprayed grass prior to construction.

3.51 C C23 (b) all trucks entering or leaving the site with loads have their loads covered;

Trucks were covered.

3.52 C C23 (c) trucks associated with the development do not track dirt onto the public road network;

Wheel wash and rumble grid were installed at the exit gate.

3.53 C C23 (d) public roads used by these trucks are kept clean; and Street sweeper in used as needed to clean dust on the road.

3.54 C C23 (e) land stabilisation works are carried out progressively on site to minimise exposed surfaces.

The site was sprayed grass prior to construction.

3.55 C C24 Erosion and Sediment Control All erosion and sediment control measures, must be effectively implemented and maintained at or above design capacity for the duration of the construction works and until such time as all ground disturbed by the works have been stabilised and rehabilitated so that it no longer acts as a source of sediment.

Soil and water management plan MH-CV-DWG-00005 Rev 1 dated 26/06/2019 was presented. It was noted that Plan needs to be updated and maintained to reflect the current site erosion and sedimentation controls requirements. Observations noted during site inspection included: - scouring near the ramp

Opportunity for Improvement: Soil and water management plan MH-CV-DWG-00005 Rev.1 dated 26/06/2019 needs to be updated to reflect the current site erosion and sedimentation controls. Soil and water management plan must always be implemented and maintained.

Compliant


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- swale not lined - sediment basin not line and no outflow scouring control - batter chute to be fixed and install outflow controls However, the above issues have been addressed by HY right after the audit and evidence of closure were presented to the auditors. See photos in Appendix E.

3.56 C C25 Imported Soil The Applicant must:

No imported soil brought to site. Not Triggered

3.57 C C25 (a) ensure that only VENM, ENM, or other material approved in writing by EPA is brought onto the site;

3.58 C C25 (b) keep accurate records of the volume and type of fill to be used; and

3.59 C C25 (c) make these records available to the Certifying Authority upon request.

3.60 C C26 Disposal of Seepage and Stormwater Any seepage or rainwater collected on-site during construction or groundwater must not be pumped to the street stormwater system unless separate prior approval is given in writing by the EPA in accordance with the Protection of the Environment Operations Act 1997.

All stormwater runoff into the basin. No pumping of any groundwater or seepage conducted to date.

Not Triggered

3.61 C C27 Unexpected Finds Protocol - Aboriginal Heritage In the event that surface disturbance identifies a new Aboriginal object, all works must halt in the immediate area to prevent any further impacts to the object(s). A suitably qualified archaeologist and the registered Aboriginal representatives must be contacted to determine the significance of the objects. The site is to be registered in the Aboriginal Heritage Information Management System (AHIMS) which is managed by OEH and the management outcome for the site included in the information provided to AHIMS. The Applicant must consult with the Aboriginal community representatives, the archaeologists and OEH to develop and implement

Section 4.12.3 of the EMP includes process for Unexpected Aboriginal Heritage finds. No unexpected finds to date.

Not Triggered


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management strategies for all objects/sites. Works shall only recommence with the written approval of OEH.

3.62 C C28 Unexpected Finds Protocol - Historic Heritage If any unexpected archaeological relics are uncovered during the work, then all works must cease immediately in that area and the OEH Heritage Division contacted. Depending on the possible significance of the relics, an archaeological assessment and management strategy may be required before further works can continue in that area. Works may only recommence with the written approval of Heritage Division of the OEH.

Section 4.12.3 of the EMP includes process for Unexpected Aboriginal Heritage finds. No unexpected finds to date.

Not Triggered

3.63 C C29 Waste Storage and Processing Waste must be secured and maintained within designated waste storage areas at all times and must not leave the site onto neighbouring public or private properties.

Small bins were emptied everyday into larger skip bins and collected by Cleanaway every Monday and Wednesday.

Compliant

3.64 C C30 All waste generated during construction must be assess, classified and managed in accordance with the Waste Classification Guidelines Part 1: Classifying Waste (EPA, 2014).

Waste Register was up to date up to August 2019. No spoil has been disposed offsite. Wastes onsite only comprised of building materials waste, concrete, and general building waste.

Compliant

3.65 C C31 The body of any vehicle or trailer used to transport waste or excavation spoil must be covered before leaving the premises to prevent any spillage or escape of any dust, waste of spoil. Mud, splatter, dust and other material likely to fall from or be cast off the wheels, underside or body of any vehicle, trailer or motorised plant leaving the site must be removed before leaving the premises.

Waste trucks are covered. No disposal of spoil to date.

Compliant

3.66 C C32 The Applicant must ensure that concrete waste and rinse water are not disposed of on the site and are prevented from entering any natural of artificial watercourse.

Concrete wash bay used on site, it was lined with plastic.

Compliant


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3.67 C C33 Handling Asbestos The Applicant is to consult with SafeWork NSW concerning the handling of any asbestos waste that may be encountered during construction. The requirements of the Protection of the Environment Operations (Waste) Regulation 2014 with particular reference to Part 7 – ‘Transportation and management of asbestos waste’ must also be complied with.

No asbestos found. Area was cleared by the Pacific Highway Contractor prior to Hansen Yuncken started working on the Macksville Hospital Development.

Not Triggered

3.68 C C34 Community Engagement The Applicant must consult with the community regularly throughout construction, including consultation with the nearby sensitive receivers identified on Table 2: Receiver and Logger Locations (Page 7 in the Construction and Operational Noise and Vibration Assessment by Arup, dated 18 May 2018), relevant regulatory authorities, Registered Aboriginal Parties and other interested stakeholders.

A communication group meets monthly to address consultation and engagement. Sighted minutes for meeting carried out on 11/9/19 with attendance of HI, PwC, Mid North Coast Local Health District and existing Macksville Hospital staff. Outstanding actions are checked monthly.

Compliant

3.69 C C35 Asset Protection Zone At the commencement of and throughout construction, the property surrounding the hospital building for the following distances shall be managed as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of ‘Planning for Bush Fire Protection 2006’ and the NSW Rural Fire Service’s document ‘Standards for asset protection zones’: • North and south for 50 metres; • East for 100 metres; and • West to the site boundary, as depicted in the drawing ‘Location Plan’, prepared by STH, dated 15/2/19, and included in the SRtS.

Sighted letter to the DPIE dated 14/5/19 from Hansen Yuncken, this letter was also sent to the Certifying Authority regarding Asset Protection Acknowledgement dated 29/3/19 for Condition C35 to manage an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of ‘Planning for Bush Fire Protection 2006’ and the NSW Rural Fire Service’s document ‘Standards for asset protection zones. This was approved under BCA Crown Certificate #1.

Compliant

3.70 C C36 Notification of Progress Towards Construction Milestones During construction, the Applicant must notify TfNSW of progress on key construction milestones unless TfNSW inform the Applicant that this information is no longer required.

Evidence of notification to TfNSW: letter sent 20/5/19 addressed to Ross Chalmers TfNSW. Notification of Proposed Construction Schedule. Construct Building Foundation 23/5/2019 - 22/06/2019 Construct Superstructure 3/7/2019 - 21/10/2019

Compliant


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External Walls 4/12//2019 - 10/03/2020 Completion Handover 27/02/2020 - 16/04/2020

3.71 C C37 Independent Environmental Audit Proposed independent auditors must be agreed to in writing by the Planning Secretary prior to the preparation of an Independent Audit Program or commencement of an Independent Audit.

Letter from DPE with approval for AQUAS auditors was received on the 20/6/19.

Compliant

3.72 C C38 No later than two months before the date notified for the commencement of construction, an Independent Audit Program prepared in accordance with the Independent Audit Post Approval Requirements (Department 2018) must be submitted to the Department and the Certifying Authority.

Audit Program prepared by AQUAS 21/5/19. Program was provided to Hansen Yuncken by PWC on 24/5/19. Program was Included in the BCA Crown Certificate #1 - approval.

Compliant

3.73 C C39 Independent Audits of the development must be carried out in accordance with:

This is the first audit and it follows the audit program and the IAPAR document (Department 2018)

Compliant

3.74 C C39 (a) the Independent Audit Program submitted to the Department and Certifying Authority under condition C38 of this consent; and

3.75 C C39 (b) the requirements for an Independent Audit Methodology and Independent Audit Report in the Independent Audit Post Approval Requirements (Department 2018).

3.76 C C40 In accordance with the specific requirements in the Independent Audit Post Approval Requirements (Department 2018), the Applicant must:

This is the first independent environmental audit. HI to post the audit report in the website. Responses to the report will be carried out in accordance DPIE.

Not Triggered

3.77 C C40 (a) review and respond to each Independent Audit Report prepared under condition C38 of this consent;

3.78 C C40 (b) submit the response to the Department and the Certifying Authority; and

3.79 C C40 (c) make each Independent Audit Report and response to it publicly available within 60 days after submission to the Department and notify the Department and the


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Certifying Authority in writing at least seven days before this is done.

3.80 C C41 Notwithstanding the requirements of the Independent Audit Post Approval Requirements (Department 2018), the Planning Secretary may approve a request for ongoing annual operational audits to be ceased, where it has been demonstrated to the Planning Secretary’s satisfaction that an audit has demonstrated operational compliance.

Independent Audits not been required to be undertaken at different times to date.

Not Triggered

3.81 C C42 Incident Notification, Reporting and Response 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.

BIM 360 Field is the system used for reporting and closing out incidents. Out of hours work complaint (Noise) was raised on 31/7/19 in the BIM 360 system (Ref. No. 000453). Concrete pour was the activity conducted at 4am without the OOHW approval. Corrective hours to comply with HI OOWP as part of the corrective action the CEMP Section 4.3 was updated (Rev 4: August 2019). Hansen Yuncken submitted the complete incident report to PWC on 2/8/19. DPIE was notified by HI on the 7/8/19, sighted letter from HI Director Development to DPIE Principal Compliance Officer.

Compliant

3.82 C C43 Subsequent notification must be given, and reports submitted in accordance with the requirements set out in Appendix 1.

DPIE was notified by HI on the 7/8/19, sighted letter from HI Director Development to DPIE Principal Compliance Officer. Hansen Yuncken submitted the incident report to PWC on 2/8/19.

Compliant

3.83 C C44 Non-compliance Notification The Department must be notified in writing to [email protected] within seven days after the Applicant becomes aware of any non-compliance. The Certifying Authority must also notify the Department in writing to [email protected] within seven days after they identify any non-compliance.

OOHW complaint was notified to DPIE and was classified as an Incident. Therefore, is not required to be reported as a non-compliance.

Compliant


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3.84 C C45 The 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

3.85 C C46 A non-compliance which has been notified as an incident does not need to also be notified as a non-compliance.


Compliant

3.86 C C47 Revision of Strategies Plans and Programs Within three months of:

3.87 C C47 (a) the submission of a compliance report under condition B39;

Pre-Construction Compliance Reporting was submitted on 26/6/19 and Compliance Reporting Program was updated by HY on the 16/07/2019 based on PwC comments. Letter from HY to the Certifier dated 16/7/19 was sighted with a copy of the Program. Report and Program were provided to DPIE on the 11/9/19.

Note: HI to notify in writing to DPIE and Certifier regarding the latest update/review of the CEMP (Rev. 5.0 - 2 August 2019)

Compliant

3.88 C C47 (b) the submission of an incident report under condition C42;

Notification to DPIE regarding the incident was made on the 7/8/19. Sighted letter: SSD 9103 Macksville Hospital – work commencing prior to approved hours from HI Director Development. Subsequently CEMP was updated - Revision 5.0 dated 2 August 2019 and notification is yet to be made.

3.89 C C47 (c) the submission of an Independent Audit under condition C38;

None to date

3.90 C C47 (d) the issue of a direction of the Planning Secretary under condition A2 which requires a review,

Modification approval received from DPIE 10/7/19. Sighted letter dated 10/7/19 re. Modification 1 - Reduction in the finished floor level and height of hospital building (SSD-9103-Mod-1) Notice of Determination. Subsequently, the SSD 9103 Condition A2 was updated on the 5/7/19.


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3.91 C C47 the strategies, plans and programs required under this consent must be reviewed, and the Department and the Certifying Authority must be notified in writing that a review is being carried out.

CEMP was updated - Revision 5.0 dated 2 August 2019.

3.92 C C48 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 Certifying Authority. Where revisions are required, the revised document must be submitted to the Certifying Authority for approval within six weeks of the review. Note: This is to ensure strategies, plans and programs are updated on a regular basis and to incorporate any recommended measures to improve the environmental performance of the development.

CEMP dated 21/3/19 (Rev.4) was updated on the 2/8/19 (Rev.5) to include the process on the incident reporting. CEMP (Rev.4) was submitted to DPIE on 24/9/19 which does not comply with the 6 weeks’ timeframe.

Non-Compliance BC-22: Revised CEMP (2/8/19 - Rev.5) was not submitted to the Certifier within 6 weeks of the review.

Non-compliant

4 APPENDIX A - WRITTEN NOTIFICATION AND REPORTING

6.1 Appx 1 A written incident notification addressing the requirements set out below must be emailed to the Department at the following address: [email protected] within seven days after the Applicant becomes aware of an incident. Notification is required to be given under this condition even if the Applicant fails to give the notification required under condition C42 or, having given such notification, subsequently forms the view that an incident has not occurred.

Out of hours work complaint (Noise) was raised on 31/7/19 in the BIM 360 system (Ref. No. 000453). Concrete pour was the activity conducted at 4am without the OOHW approval. Notification of the incident was provided to DPIE on the 7/8/19.

Compliant

6.2 Appx 2 Written notification of an incident must: Sighted report generated from BIM 360 included:

Compliant

6.3 Appx 2 (a) identify the development and application number; State Significant Development Consent - SSD9103

6.4 Appx 2 (b) provide details of the incident (date, time, location, a brief description of what occurred and why it is classified as an incident);

Incident date: 31/07/2019, time 3:30am at Macksville Hospital Development site, incident description: complaint made from a neighbouring resident to the LHD regarding construction commencing outside of the sites work hours. Environmental complaint is classified as an incident in HY BIM 360 system.


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6.5 Appx 2 (c) identify how the incident was detected; Complaint made from a neighbouring resident to the LHD

6.6 Appx 2 (d) identify when the applicant became aware of the incident;

Complaint received at 9am

6.7 Appx 2 (e) identify any actual or potential non-compliance with conditions of consent;

Non-compliance against condition C5 'construction hours' of the SSD9103

6.8 Appx 2 (f) describe what immediate steps were taken in relation to the incident;

Follow protocol for incident notification and engage with neighbours

6.9 Appx 2 (g) identify further action(s) that will be taken in relation to the incident; and

The complaint was addressed through the LHD, supported by letters of apology from Hansen Yuncken. Corrective Actions included: Any out of hours work must adopt and utilise the Health Infrastructure OOHWP. HY CEMP was updated to include the requirements of the OOHWP.

6.10 Appx 2 (h) identify a project contact for further communication regarding the incident.

Project - Sherrie Cowie 0407 764 588/Health Infrastructure - Leone McEntee 0410432505.

6.11 Appx 3 Within 30 days of the date on which the incident occurred or as otherwise agreed to by the Planning Secretary, the Applicant must provide the Planning Secretary and any relevant public authorities (as determined by the Planning Secretary) with a detailed report on the incident addressing all requirements below, and such further reports as may be requested.

Hansen Yuncken submitted the complete incident report to PWC on 2/8/19. Sighted letter 7/8/19 from HI Director Development to DPIE Principal Compliance Officer.

Compliant

6.12 Appx 4 The Incident Report must include: Letter dated 7/8/19 to DPIE Principal Compliance Officer included the incident report with all details required by this condition.

Compliant

6.13 Appx 4 (a) a summary of the incident;

6.14 Appx 4 (b) outcomes of an incident investigation, including identification of the cause of the incident;

6.15 Appx 4 (c) details of the corrective and preventative actions that have been, or will be, implemented to address the incident and prevent recurrence; and

6.16 Appx 4 (d) details of any communication with other stakeholders regarding the incident.


Appendix E. Audit Photos

Photo 1 – Site notice at project entrance Photo 2 – Entry to site free of dust

Photo 3 – Rumble grid in place Photo 4 – Water cart ready for dust suppression


Photo 5 – Ramp to visitor parking- scouring noted at the time of audit. Photo 6 – HY installed rock lining along the scoured area to rectify issue on Photo 5.

Photo 7 – Wheel wash as area was installed. Photo 8 – Sediment fencing was installed around the site perimeter.


Photo 9 – Test & Tag was out of date. Photo 10 – Exclusion zone was not set up during the removal of formworks.

Photo 11 – Signage in place at front gate Photo 12 – Erosion and sedimentation controls around pits


Appendix F. Consultation Records

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