Government Gazette

OF THE STATE OF

NEW SOUTH WALES

Week No. 27/2009 Friday, 3 July 2009 Published under authority by Containing numbers 95, 96, 97, 98 and 99 Government Advertising Pages 3795 – 4044 Level 16, McKell Building 2-24 Rawson Place, SYDNEY NSW 2001 Phone: 9372 7447 Fax: 9372 7425 Email: [email protected] CONTENTS Number 95 SPECIAL SUPPLEMENT DEADLINES Water Management Act 2000 ...... 3795 Attention Advertisers . . . Number 96 SPECIAL SUPPLEMENT Government Gazette inquiry times are: Health Services Act 1997 ...... 3805 Monday to Friday: 8.30 am to 4.30 pm

Number 97 Phone: (02) 9372 7447; Fax: (02) 9372 7425 SPECIAL SUPPLEMENT Email: [email protected] Mental Health Act 2007 ...... 3811

Number 98 GOVERNMENT GAZETTE DEADLINES SPECIAL SUPPLEMENT Close of business every Wednesday Contaminated Land Management Act 1997 ...... 3813 Crown Lands Act 1987 – Appointment of Board Except when a holiday falls on a Friday, deadlines Members ...... 3850 will be altered as per advice given on this page. Health Services Amendment (STARTTS) Order 2009 ...... 3853 Water Management Act 2000 – Murrumbidgee Please Note: Regulated River Water Source ...... 3855 Workers Compensation (Public Hospital Rates) • Only electronic lodgement of Gazette contributions Order 2009 ...... 3856 will be accepted. If you have not received a reply confi rming acceptance of your email by the close of Number 99 business on that day please phone 9372 7447. LEGISLATION • This publication is available on request via email, in Online notifi cation of the making of Statutory large print and/or on computer disk for people with Instruments ...... 3863 Assents to Acts ...... 3866 a disability. To obtain copies of this publication in Orders ...... 3867 either of these formats, please contact Denis Helm 9372 7447. OFFICIAL NOTICES Appointments ...... 3871 Department of Lands ...... 3872 Department of Primary Industries ...... 3887 Roads and Traffi c Authority ...... 3894 Department of Water and Energy ...... 3896 Other Notices ...... 3939

PRIVATE ADVERTISEMENTS (Council, Probate, Company Notices, etc) ...... 4042

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SEE the Government Advertising website at: www.advertising.nswp.commerce.nsw.gov.au/Home.htm 3795

Government Gazette OF THE STATE OF NEW SOUTH WALES Number 95 Friday, 26 June 2009 Published under authority by Government Advertising SPECIAL SUPPLEMENT

WATER MANAGEMENT ACT 2000 Order under section 324 (1) Temporary Water Restrictions Wakool River and Merran Creek systems – New South Wales Murray Regulated River Water Source PURSUANT to section 324 (1) of the Water Management Act 2000, I, DAVID HARRISS, having delegated authority from the Minister for Water, on being satisfi ed that it is necessary to do so in the public interest to cope with a water shortage do, by this Order, direct that the taking of water from the water sources specifi ed in Schedule 1, is prohibited as specifi ed in Schedule 2. This Order takes effect on 1 July 2009 and will remain in force until 30 June 2010, unless it is repealed or modifi ed by order before that date. This Order repeals the order made under the former section 323 of the Water Management Act 2000 dated 30 June 2008 and published in the New South Wales Government Gazette number 80 at page 6517 – 6518 on 1 July 2008 which restricted the taking of water from the water sources specifi ed in Schedule 1. This Order is not intended to affect the operation of any other order made under section 324 of the Water Management Act 2000 for any of the water sources specifi ed in Schedule 1 that is capable of operating concurrently with this Order. Signed at ALBURY this 25th day of June 2009. DAVID HARRISS, Deputy Director-General Department of Water and Energy Signed for the Minister for Water (by delegation)

SCHEDULE 1 WATER SOURCES This Order applies to the: 1. Waddy Creek, being that part of Waddy Creek located in Lot 1 DP867793, Parish of Mellool, to its conﬂ uence with Merran Creek in Lot 1 DP203805, Parish of Willakool, both in County Wakool; and to the following water sources in the New South Wales Murray Regulated River Water Source as described in Appendix 1 of the Water Sharing Plan for the New South Wales Murray and Lower Darling Regulated Rivers Water Sources 2003: 2. Barbers Creek; 3. Bookit Creek; 4. that part of the Colligen Creek located downstream of the Colligen Creek weir; 3796 SPECIAL SUPPLEMENT 26 June 2009

5. Coobool Creek; 6. Gum Creek; 7. Larrys Creek ; 8. Little Barbers Creek ; 9. Merran Creek Cutting; 10. Merran Creek; 11. Merribit Creek; 12. Mulligans Creek; 13. Neimur River; 14. Porthole Creek; 15. St Helena Creek; 16. Tallys Lake; 17. the unnamed watercourse (Box Creek) offtaking from Coobool Creek; 18. the unnamed watercourse (Box Creek) offtaking from Tallys Lake; 19. the unnamed watercourse (known as Hemp Creek) offtaking from the Bookit Creek; 20. the unnamed watercourse offtaking from Gum Creek; 21. Wakool River from its offtake to Stony Crossing; and 22. Yallakool Creek.

SCHEDULE 2 1. The taking of water from the water sources speciﬁ ed in Schedule 1 is prohibited as follows: (a) The taking of water pursuant to a domestic and stock right under section 52 of the Water Management Act 2000 or a domestic and stock access licence, or both, using a water pump with an inlet diameter that is greater than 50mm, is prohibited. (b) The taking of water pursuant to a domestic and stock right under section 52 of the Water Management Act 2000 or a domestic and stock access licence, or both, in excess of a total volume of 5 megalitres per landholding during the period 1 July 2009 to 30 June 2010, is prohibited. Note: The effect of paragraph 1 (b) is that the total water taken for stock and domestic purposes (whether taken under a domestic and stock right, a domestic and stock access licence, or both) must not exceed 5 megalitres of water per landholding, during the period 1 July 2009 to 30 June 2010. (c) The taking of water under a Regulated river (high security) access licence, is prohibited. (d) The taking of water under a Regulated river (general security) access licence, is prohibited. 2. Paragraph 1 (a) of this Schedule does not apply to a landholder who has been taking water lawfully where a Manager of Licensing with the Department is satisﬁ ed that the landholder’s only means of continuing to take water is through a water pump within an inlet diameter greater than 50mm and the a Manager of Licensing has made a determination in writing that the prohibition in paragraph 1 (a) does not apply to the landholder. Note: (1) It is an offence, under section 336C of the Water Management Act 2000, to fail to comply with this direction. An individual found guilty of an offence under section 336C is liable to a penalty not exceeding $247,500 and, in the case of a continuing offence, a further penalty not exceeding $66,000 for each day the offence continues. A corporation found guilty of an offence under section 336C is liable to a penalty not exceeding $1.1 million and, in the case of a continuing offence, a further penalty not exceeding $132,000 for each day the offence continues.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 95 26 June 2009 SPECIAL SUPPLEMENT 3797

WATER MANAGEMENT ACT 2000 Order under section 324 (1) Temporary Water Restrictions (Council Water Restrictions) Murrumbidgee Regulated River Water Source and Lower Murrumbidgee Groundwater Sources PURSUANT to section 324 (1) of the Water Management Act 2000, I, DAVID HARRISS, having delegated authority from the Minister for Water, on being satisfi ed that it is necessary to do so in the public interest to cope with a water shortage, do, by this Order, direct that the taking of water from the water sources specifi ed in Schedule 1, is restricted as specifi ed in Schedule 2. This Order is not intended to affect the operation of any other order made under section 324 (1) of the Water Management Act 2000 for any of the water sources specifi ed in Schedule 1 that is capable of operating concurrently with this Order. This Order takes effect on 1st July 2009 and will remain in force until 30th June 2010, unless it is repealed by order before that date. Signed at ALBURY this 25th day of June 2009. DAVID HARRISS, Deputy Director General Department of Water and Energy Signed for the Minister for Water (by delegation)

SCHEDULE 1 This Order applies to the: 1. Murrumbidgee Regulated River Water Source (as deﬁ ned in the Water Sharing Plan for the Murrumbidgee Regulated River Water Source 2003); and 2. Lower Murrumbidgee Groundwater Sources (as deﬁ ned in the Water Sharing Plan for the Lower Murrumbidgee Groundwater Sources 2003).

SCHEDULE 2 1. The taking of water from the water sources speciﬁ ed in Schedule 1 for domestic purposes is restricted in accordance with Council Water Restrictions. 2. In this Schedule: (a) Council Water Restrictions means the restrictions imposed pursuant to clause 137 of the Local Government (General) Regulation 2005 by the Council for the local government area in which the taking of water is occurring. Where different restrictions apply to different areas within the same local government area, the more limited restrictions will apply; (b) the taking of water for domestic purposes includes: (i) water taken under an access licence; and (ii) water taken pursuant to a basic landholder right under section 52 of the Water Management Act 2000. Note: It is an offence, under section 336C of the Water Management Act 2000, to fail to comply with this direction. An individual found guilty of an offence under section 336C is liable to a penalty not exceeding $247,500 and, in the case of a continuing offence, a further penalty not exceeding $66,000 for each day the offence continues. A corporation found guilty of an offence under section 336C is liable to a penalty not exceeding $1.1 million and, in the case of a continuing offence, a further penalty not exceeding $132,000 for each day the offence continues.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 95 3798 SPECIAL SUPPLEMENT 26 June 2009

WATER MANAGEMENT ACT 2000 Order under section 324 (1) Temporary Water Restrictions (Council Water Restrictions) New South Wales Murray Regulated River Water Source and Lower Murray Groundwater Source PURSUANT to section 324 (1) of the Water Management Act 2000, I, DAVID HARRISS, having delegated authority from the Minister for Water, on being satisfi ed that it is necessary to do so in the public interest in order to cope with a water shortage, do, by this Order, direct that the taking of water from the water sources specifi ed in Schedule 1, is restricted as specifi ed in Schedule 2. This Order is not intended to affect the operation of any other order made under section 324 (1) of the Water Management Act 2000 for any of the water sources specifi ed in Schedule 1 that is capable of operating concurrently with this Order. This Order takes effect on 1st July 2009 and will remain in force until 30th June 2010, unless it is repealed or modifi ed by order before that date. Signed at ALBURY this 25th day of June 2009. DAVID HARRISS, Deputy Director-General Department of Water and Energy Signed for the Minister for Water (by delegation)

SCHEDULE 1 This Order applies to the: 1. New South Wales Murray Regulated River Water Source (as deﬁ ned in the Water Sharing Plan for the New South Wales Murray and Lower Darling Regulated Rivers Water Sources 2003); and 2. Lower Murray Groundwater Source (as deﬁ ned in the Water Sharing Plan for the Lower Murray Groundwater Source).

NEW SOUTH WALES GOVERNMENT GAZETTE No. 95 26 June 2009 SPECIAL SUPPLEMENT 3799

WATER MANAGEMENT ACT 2000 Order under section 324 (1) Temporary Water Restrictions (Carry Over) NSW Murray Regulated River Water Source PURSUANT to section 324 (1) of the Water Management Act 2000, I, David Harriss having delegated authority from the Minister for Water, on being satisfi ed that it is necessary to do so in the public interest to cope with a water shortage, do, by this Order, direct that the taking of water from the water source specifi ed in Schedule 1, is restricted as specifi ed in Schedule 2. This Order takes effect on 1 July 2009 and will remain in force until 30 June 2010, unless it is repealed or modifi ed by order before that date. This Order is not intended to affect the operation of any other order made under section 324 of the Water Management Act 2000 for the water source specifi ed in Schedule 1 that is capable of operating concurrently with this Order. Signed at ALBURY this 25th day of June 2009. DAVID HARRISS, Deputy Director General Department of Water and Energy Signed for the Minister for Water (by delegation)

SCHEDULE 2 The taking of water from the water source speciﬁ ed in Schedule 1 is restricted as follows: 1. No more than 60% of the water credited to the water allocation account for a Regulated river (high security) access licence as at the end of 30 June 2009 may be taken during the period 1 July 2009 to 30 June 2010. 2. No more than 60% of the water credited to a water allocation account for a Regulated river (general security) access licence as at the end of 30 June 2009 may be taken during the period 1 July 2009 to 30 June 2010. Note: (1) The restrictions in Schedule 2 do not apply in relation to water credited from 1 July 2009. (2) It is an offence, under section 336C of the Water Management Act 2000, to fail to comply with this direction. An individual found guilty of an offence under section 336C is liable to a penalty not exceeding $247,500 and, in the case of a continuing offence, a further penalty not exceeding $66,000 for each day the offence continues. A corporation found guilty of an offence under section 336C is liable to a penalty not exceeding $1.1 million and, in the case of a continuing offence, a further penalty not exceeding $132,000 for each day the offence continues.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 95 3800 SPECIAL SUPPLEMENT 26 June 2009

WATER MANAGEMENT ACT 2000 Order under section 324 (1) Temporary Water Restrictions (Carry Over) Murrumbidgee Regulated River Water Source PURSUANT to section 324 (1) of the Water Management Act 2000, I, David Harriss having delegated authority from the Minister for Water, on being satisfi ed that it is necessary to do so in the public interest to cope with a water shortage, do, by this Order, direct that the taking of water from the water source specifi ed in Schedule 1, is restricted as specifi ed in Schedule 2. This Order takes effect on 1 July 2009 and will remain in force until 30 June 2010, unless it is repealed or modifi ed by order before that date. This Order is not intended to affect the operation of any other order made under section 324 of the Water Management Act 2000 for the water source specifi ed in Schedule 1 which is capable of operating concurrently with this Order. Signed at ALBURY this 25th day of June 2009. DAVID HARRISS, Deputy Director-General Department of Water and Energy Signed for the Minister for Water (by delegation)

SCHEDULE 1 This Order applies to the: 2. Murrumbidgee Regulated River Water Source (as deﬁ ned in the Water Sharing Plan for the Murrumbidgee Regulated River Water Source 2003).

SCHEDULE 2 The taking of water from the water source speciﬁ ed in Schedule 1 is restricted as follows: 3. No more than 60% of the water credited to the water allocation account for a Regulated river (high security) access licence as at the end of 30 June 2009 may be taken during the period 1 July 2009 to 30 June 2010. 4. No more than 60% of the water credited to the water allocation account for a Regulated river (general security) access licence as at the end of 30 June 2009 may be taken during the period 1 July 2009 to 30 June 2010. Note: (1) The restrictions in Schedule 2 do not apply in relation to water credited from 1 July 2009. (2) It is an offence, under section 336C of the Water Management Act 2000, to fail to comply with this direction. An individual found guilty of an offence under section 336C is liable to a penalty not exceeding $247,500 and, in the case of a continuing offence, a further penalty not exceeding $66,000 for each day the offence continues. A corporation found guilty of an offence under section 336C is liable to a penalty not exceeding $1.1 million and, in the case of a continuing offence, a further penalty not exceeding $132,000 for each day the offence continues.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 95 26 June 2009 SPECIAL SUPPLEMENT 3801

WATER ACT 1912 Order under section 20Z Reduction in Water Allocations for the 2009/ 2010 Water Year Belubula River Catchment water source Various entitlements PURSUANT to section 20Z of the Water Act 1912, I, DAVID HARRISS, having delegated authority from the Water Administration Ministerial Corporation, being satisfi ed that the water source specifi ed in Schedule 1 which is subject to a scheme, is unlikely to have suffi cient water available to meet the requirements, during the 2009/ 2010 water year, of the persons authorised by law to take water from the water source and such other possible requirements for water from the water source as are determined by the Water Administration Ministerial Corporation, do, by this Order, reduce the water allocations under the scheme for the water source specifi ed in Schedule 1, as specifi ed in Schedule 2 of this Order, for the 2009/ 2010 water year commencing on 1 July 2009. This Order has effect for the whole of the 2009/ 2010 water year, commencing on 1 July 2009 and will remain in force until 30 June 2010, unless it is repealed or modifi ed by order before that date. This Order is made by publication in the NSW Government Gazette and publication of notice of the order in a newspaper circulating in the district in which the water source specifi ed in Schedule 1 is located. Signed at ALBURY this 25th day of June 2009. DAVID HARRISS, Deputy Director-General Department of Water and Energy Signed for the Water Administration Ministerial Corporation (by delegation)

SCHEDULE 1 This order applies to the: 1. Belubula River Catchment water source, including the Belubula River, from the upper limit of Carcoar Dam storage downstream to its junction with the Lachlan River. # # This water source was declared to be subject to a volumetric water allocations scheme by order made under section 20W of the Water Act 1912 and published in the New South Wales Government Gazette No 115 at page 4340 on 14 August 1981.

In this Schedule: (a) “High Security” entitlement means an entitlement under the Water Act 1912 which contains a condition specifying that an amount of water taken under the licence is “high security”; and (b) “General Security” entitlement means an entitlement under the Water Act 1912 which contains a condition specifying that an amount of water taken under the licence is “low security”. Notes: (1) This Order allows holders of High Security entitlements to access up to 50% of high security water. (2) This Order prevents any water from being taken under a General Security entitlement.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 95 3802 SPECIAL SUPPLEMENT 26 June 2009

WATER MANAGEMENT ACT 2000 Order under section 324 (1) Temporary Water Restrictions (Carry Over) Lachlan Regulated River Water Source PURSUANT to section 324 (1) of the Water Management Act 2000, I, DAVID HARRISS, having delegated authority from the Minister for Water, on being satisfi ed that it is necessary to do so in the public interest to cope with a water shortage, do, by this Order, direct that the taking of water from the water source specifi ed in Schedule 1, is prohibited as specifi ed in Schedule 2. This Order takes effect on 1 July 2009 and will remain in force until 30 June 2010, unless it is repealed or modifi ed by order before that date. This Order repeals the order made under the former section 323 of the Water Management Act 2000 dated 30 June 2008 and published in the New South Wales Government Gazette number 80 at page 6518 on 1 July 2008 which restricted the taking of water from the water source specifi ed in Schedule 1. This Order is not intended to affect the operation of any other order made under section 324 of the Water Management Act 2000 for the water source specifi ed in Schedule 1 which is capable of operating concurrently with this Order. Signed at ALBURY this 25th day of June 2009. DAVID HARRISS, Deputy Director-General Department of Water and Energy Signed for the Minister for Water (by delegation)

SCHEDULE 1 This Order applies to the: 3. Lachlan Regulated River Water Source (as deﬁ ned in the Water Sharing Plan for the Lachlan Regulated River Water Source 2003).

SCHEDULE 2 The taking of water from the water source speciﬁ ed in Schedule 1 is prohibited as follows: 1. None of the water credited to a Regulated river (general security) access licence as at the end of 30 June 2009 may be taken during the period 1 July 2009 to 30 June 2010. Note: (1) The prohibition in Schedule 2 does not apply in relation to water credited from 1 July 2009. (2) It is an offence, under section 336C of the Water Management Act 2000, to fail to comply with this direction. An individual found guilty of an offence under section 336C is liable to a penalty not exceeding $247,500 and, in the case of a continuing offence, a further penalty not exceeding $66,000 for each day the offence continues. A corporation found guilty of an offence under section 336C is liable to a penalty not exceeding $1.1 million and, in the case of a continuing offence, a further penalty not exceeding $132,000 for each day the offence continues.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 95 26 June 2009 SPECIAL SUPPLEMENT 3803

WATER ACT 1912 Order under section 20Z Reduction in Water allocations for the 2009/ 2010 Water Year Peel regulated river water source General Security entitlements PURSUANT to section 20Z of the Water Act 1912, I, DAVID HARRISS, having delegated authority from the Water Administration Ministerial Corporation, being satisfi ed that the water source specifi ed in Schedule 1 which is subject to a scheme, is unlikely to have suffi cient water available to meet the requirements, during the 2009/ 2010 water year, of the persons authorised by law to take water from the water source and such other possible requirements for water from the water source as are determined by the Water Administration Ministerial Corporation, do, by this Order, reduce the water allocations under the scheme for the water source specifi ed in Schedule 1, as specifi ed in Schedule 2 of this Order, for the 2009/ 2010 water year commencing on 1 July 2009. This Order has effect for the whole of the 2009/ 2010 water year, commencing on 1 July 2009 and will remain in force until 30 June 2010, unless it is repealed or modifi ed by order before that date. This Order is made by publication in the NSW Government Gazette and publication of notice of the order in a newspaper circulating in the district in which the water source specifi ed in Schedule 1 is located. Signed at ALBURY this 25th day of June 2009. DAVID HARRISS, Deputy Director General Department of Water and Energy Signed for the Water Administration Ministerial Corporation (by delegation)

SCHEDULE 1 This Order applies to the: 1. Peel regulated river water source, including the Peel River from Chaffey Dam downstream to its junction with the Namoi River.

SCHEDULE 2 The water allocation for each entitlement speciﬁ ed in Column 1 is reduced by the amount speciﬁ ed in the adjacent Column 2. Column 1 Column 2 Entitlement Reduction in water allocation General Security 20% In this Schedule: (c) “General Security” entitlement means an entitlement under the Water Act 1912 which contains a condition specifying that an amount of water taken under the licence is “low security”. Note: (1) This Order allows holders of General Security entitlements to access up to 80% of low security water.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 95 3804 SPECIAL SUPPLEMENT 26 June 2009

WATER ACT 1912 Order under section 20Z Reduction in water allocations for the 2009/ 2010 Water Year Brogo River Catchment water source General Security entitlements PURSUANT to section 20Z of the Water Act 1912, I, DAVID HARRISS, having delegated authority from the Water Administration Ministerial Corporation, being satisfi ed that the water source specifi ed in Schedule 1 which is subject to a scheme, is unlikely to have suffi cient water available to meet the requirements, during the 2009 / 2010 water year, of the persons authorised by law to take water from the water source and such other possible requirements for water from the water source as are determined by the Water Administration Ministerial Corporation, do, by this Order, reduce the water allocations under the scheme for the water source specifi ed in Schedule 1, as specifi ed in Schedule 2 of this Order, for the 2009 / 2010 water year commencing on 1 July 2009. This Order has effect for the whole of the 2009 / 2010 water year, commencing on 1 July 2009 and will remain in force until 30 June 2010, unless it is repealed or modifi ed by order before that date. This Order is made by publication in the NSW Government Gazette and publication of notice of the order in a newspaper circulating in the district in which the water source specifi ed in Schedule 1 is located. Signed at ALBURY this 25th day of June 2009. DAVID HARRISS, Deputy Director General Department of Water and Energy Signed for the Water Administration Ministerial Corporation (by delegation)

SCHEDULE 1 This Order applies to the: 1. Brogo River Catchment water source, including the: (a) Brogo River from the upper limit of Brogo Dam Storage downstream to its junction with the Bega River; and (b) Bega River from its junction with the Brogo River downstream to its junction with Jellat Gully. # # This water source was declared to be subject to a volumetric water allocations scheme by order made under section 20W of the Water Act 1912 and published in the New South Wales Government Gazette No 115 at page 4340 on 14 August 1981.

SCHEDULE 2 The water allocation for each entitlement speciﬁ ed in Column 1 is reduced by the amount speciﬁ ed in the adjacent Column 2. Column 1 Column 2 Entitlement Reduction in water allocation General Security 100 % In this Schedule: (d) “General Security” entitlement means an entitlement under the Water Act 1912 which contains a condition specifying that an amount of water taken under the licence is “low security”. Note: (1) This Order prevents any water from being taken under a General Security entitlement.

Authorised to be printed ISSN 0155-6320 DENIS H. HELM, Government Printer.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 95 3805

Government Gazette OF THE STATE OF NEW SOUTH WALES Number 96 Monday, 29 June 2009 Published under authority by Government Advertising SPECIAL SUPPLEMENT

HEALTH SERVICES ACT 1997

Order fixing a scale of fees in respect of Ambulance Services

PURSUANT to section 67D of the Health Services Act 1997, I, Professor DEBORA PICONE, AM, Director-General of the Department of Health, as the duly appointed delegate of the Minister for Health, do by this order hereby: 1. revoke the currently applying scale of fees in respect of ambulance services; and 2. fix a scale of fees in respect of ambulance services provided by the Director-General to the extent and in the manner set forth in the following Schedule, with effect on and from 1 July 2009.

DEBORA PICONE, AM, Director-General

SCHEDULE

1 In this order: x “primary emergency service” means the provision of ambulance services by road ambulance, fixed wing aircraft or helicopter or a combination of these, from the scene of an accident, illness or injury to a public hospital or other destination nominated by the Ambulance Service of NSW. x “primary non-emergency service” means an ambulance road service that is booked no later than 6pm on the day prior to service delivery with the service to commence and be completed between the hours of 8am and 6pm on the nominated service delivery date, otherwise the primary emergency service charge will apply. [All services provided by a dedicated Patient Transport vehicle, where available, irrespective of time of booking or time of transport, are classified as “non-emergency services”]. 3806 SPECIAL SUPPLEMENT 29 June 2009

x “inter-hospital emergency service” means the provision of ambulance services by road ambulance, fixed wing aircraft or helicopter or a combination of these, from one public hospital to another public hospital. x “inter-hospital non-emergency service” means an ambulance road service that is booked no later than 6pm on the day prior to service delivery with the service to commence and be completed between the hours of 8am and 6pm on the nominated service delivery date, otherwise the inter-hospital emergency service charge will apply. [All services provided by a dedicated Patient Transport vehicle, where available, irrespective of time of booking or time of transport, are classified as “non-emergency services”]. x “treat-not-transport service” – means a service where a patient is provided with ambulance services at the scene of an accident, illness or injury and does not require ambulance transport to a health facility or any other destination. x “standby services” – means a service where an ambulance or ambulances are required to stand by at scenes such as industrial accidents for the purpose of providing services to emergency workers or others at the scene of the incident. Neither transport nor treatment may be required.

Fees

2 The fee for a primary emergency service by road ambulance and/or fixed wing ambulance and/or helicopter shall be charged on a kilometre basis calculated pursuant to clause 8, on the scale of $590 callout charge, plus an additional charge of $5.33 for each kilometre or part thereof.

3 The fee for a primary non-emergency service by road ambulance shall be charged on a kilometre basis calculated pursuant to clause 8, on the scale of $237 callout charge, plus an additional charge of $1.47 for each kilometre or part thereof.

4 The fee for an inter-hospital emergency service by ambulance shall be charged as follows: x road ambulance - on a kilometre basis calculated pursuant to clause 8, on the scale of $510 callout charge, plus an additional charge of $5.09 for each kilometre or part thereof. x fixed wing ambulance - on a kilometre basis calculated pursuant to clause 8, on the scale of $3,143 callout charge, plus an additional charge of $1.47 for each kilometre or part thereof (road travel associated with fixed wing cases is charged at the $5.09 for each kilometre or part thereof). x helicopter - on a time basis calculated pursuant to clause 9 on the scale of $5,396 charge for the first thirty (30) minutes or part thereof, with any further period charged at a rate of $118.09 per six (6) minutes or part thereof.

Charges for road or fixed wing transport under this clause shall be paid by the hospital or health service sending the person being transported. However in the case of helicopter transport under this clause, the transport fee shall be apportioned equally between the hospital or health service sending the person being transported and the hospital or health service receiving that person.

5 The fee for an inter-hospital non-emergency service by ambulance shall be charged as follows: x road ambulance - on a kilometre basis calculated pursuant to clause 8, on the scale of $234 callout charge, plus an additional charge of $1.44 for each kilometre or part thereof.

6 The fee for a treat-not-transport service shall be calculated in accordance with the primary emergency service fee scale under clause 2.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 96 29 June 2009 SPECIAL SUPPLEMENT 3807

7Astandby service fee, payable by the owners of premises or vehicles involved in dangerous incidents or events where an ambulance is required to be present (for example at chemical spills or other industrial accidents), shall be calculated in accordance with: x the primary emergency service fee scale under clause 2 for the first hour or part thereof; and in addition x $42.50 for every 15 minutes or part thereof after the first hour.

Calculation of Transport Kilometres 8 The total number of kilometres for the provision of services by ambulance (or ambulances) shall be calculated by determining the total number of kilometres that are travelled by road or, in the case of transportation by fixed wing aircraft or helicopter, that would have been travelled by road had no fixed wing aircraft or helicopter been available, in accordance with the distance – (a) from the base ambulance station nearest to the location where the person was picked up/treated by ambulance, to that pick up/treatment location; and (b) from that pick up location (where transport occurs), to the place where that person disembarked from the ambulance (or, where more than one ambulance was used in the transport, disembarked from the last ambulance used in that transport); and (c) from that place of disembarkation/location of treatment, to the base ambulance station referred to in subclause (a).

Calculation of Transport Time for Helicopters (Inter-hospital) 9 The number of minutes for a service by helicopter (other than a primary response service) shall be calculated from the time the helicopter engine or engines are turned on, or, if the engines are already on, the time at which the helicopter is dispatched by an air ambulance controller, to the time the helicopter engine or engines are turned off at the helicopter’s operational base, or the time at which the helicopter is otherwise dispatched by an air ambulance controller or other authority.

Charging criteria 10 Where two or more persons are transported/treated concurrently by the same ambulance or ambulances, each person shall be charged a fee calculated in accordance with clauses 2 (but subject to clause 12), 3 (but subject to clause 13) or 6 as appropriate to the class of the transport used as defined under clause 1.

11 Clause 10 shall not apply when two or more persons are transferred concurrently by ambulance (or ambulances) between any public hospitals in New South Wales as part of an inter-hospital emergency service or an inter-hospital non-emergency service as defined under clause 1, but subject to the operation of clauses 14 and 15.

12 Residents of NSW shall be charged at a rate of 51% of the rate set under this order for a primary emergency service under clause 2, provided that such total fee shall not exceed $4,938.

13 Residents of NSW shall be charged for primary non-emergency services in accordance with clause 3, provided that such total fee shall not exceed $4,938.

14 Public hospitals in NSW shall be charged for inter-hospital emergency services in accordance with clause 4, provided that such total fee shall not exceed $4,772 in relation to road ambulance and fixed wing ambulance transport.

15 Public hospitals in NSW shall be charged for inter-hospital non-emergency services in accordance with clause 5, provided that such total fee shall not exceed $4,772.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 96 3808 SPECIAL SUPPLEMENT 29 June 2009

HEALTH SERVICES ACT 1997

Order amending the scale of fees for Hospital and Other Health Services

Pursuant to section 69 of the Health Services Act 1997, I, Professor DEBORA PICONE, AM, Director-General of the Department of Health, as the duly appointed delegate of the Minister for Health, do by this order hereby amend the currently applying Scale of Fees for hospital services and other health services to the extent and in the manner set forth in the Schedule below to take effect on and from 1 July 2009.

DEBORA PICONE, AM, Director-General

SCHEDULE

Delete in its entirety “Part 5 – NSW NEWBORN AND PAEDIATRIC EMERGENCY TRANSPORT SERVICES (NETS) CHARGES” and insert instead the following matter:

PART 5 – NSW NEWBORN AND PAEDIATRIC EMERGENCY TRANSPORT SERVICES (NETS) CHARGES

5.1 This Part sets out the charges for services provided by the unit of Sydney West Area Health Service known as NSW newborn and paediatric Emergency Transport Service (NETS). For the purposes of this Part 5 only the following terms are defined: “inter-hospital emergency service” means the provision of NETS services by road, fixed wing aircraft or helicopter or a combination of these, from a public hospital to another public hospital; “primary emergency service” means the provision of NETS services by road, fixed wing aircraft or helicopter or a combination of these, from a private hospital to a public hospital or other destination nominated by NETS.

Fees 5.2 The fee for a primary emergency service by road and/or fixed wing service and/or helicopter shall be charged on a kilometre basis calculated pursuant to paragraph 5.4, on the scale of $590 callout charge, plus an additional charge of $5.33 for each kilometre or part thereof. 5.3 The fee for an inter-hospital emergency service by NETS shall be charged as follows: 5.3.1 road service - on a kilometre basis calculated pursuant to paragraph 5.4, on the scale of $510 callout charge, plus an additional charge of $5.09 for each kilometre or part thereof. 5.3.2 fixed wing service - on a kilometre basis calculated pursuant to paragraph 5.4, on the scale of $3,143 callout charge, plus an additional charge of $1.47 for each kilometre or part thereof (road travel associated with fixed wing cases is charged at the rate of $5.09 for each kilometre or part thereof). 5.3.3 helicopter service - on a time basis calculated pursuant to paragraph 5.5 on the scale of $5,396 charge for the first thirty (30) minutes or part thereof, with any further period charged at a rate of $118.09 per six (6) minutes or part thereof.

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Calculation of Transport Kilometres 5.4 The total number of kilometres for the provision of NETS services shall be calculated by determining the total number of kilometres that are travelled by road or, in the case of transportation by fixed wing aircraft or helicopter that would have been travelled by road had no fixed wing aircraft or helicopter been available, in accordance with the distance: 5.4.1 from the NETS base nearest to the location where the patient was picked up or treated by the NETS service; and 5.4.2 from that pick up location (where transport occurs), to the place where that patient disembarked from the NETS transport; and 5.4.3 from that place of disembarkation (or where no transport occurs, from the treatment location), back to the NETS base referred to in subclause 5.4.1.

Calculation of Transport Time for Helicopters (Inter-hospital emergency services only) 5.5 The number of minutes for a NETS service by helicopter for the purposes of clause 5.3.3 shall be calculated from the time the helicopter engine or engines are turned on, or, if the engines are already on, the time at which the helicopter is dispatched by an air ambulance controller, to the time the helicopter engine or engines are turned off at the helicopter’s operational base, or the time at which the helicopter is otherwise dispatched by an air ambulance controller or other authority.

Charging Criteria 5.6 Where two or more patients are transported/treated concurrently by the same NETS primary emergency service, each patient shall be charged a fee calculated in accordance with clause 5.2 but subject to the operation of clause 5.8.

5.7 Paragraph 5.6 shall not apply when two or more patients are transferred concurrently by the same NETS service between any public hospitals in New South Wales, as part of an inter- hospital emergency service, but subject to the operation of clauses 5.3 and 5.9.

5.8 Residents of NSW shall be charged at a rate of 51% of the rate for a primary emergency service under clause 5.2 of this order, provided that such total fee shall not exceed $4,938.

5.9 Public hospitals in NSW shall be charged for inter-hospital emergency services in accordance with clause 5.3 of this order, provided that such total fee shall not exceed $4,772 in relation to road and fixed wing services transport.

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Authorised to be printed ISSN 0155-6320 DENIS H. HELM, Government Printer.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 96 3811

Government Gazette OF THE STATE OF NEW SOUTH WALES Number 97 Tuesday, 30 June 2009 Published under authority by Government Advertising

SPECIAL SUPPLEMENT

MENTAL HEALTH ACT 2007 Section 109 Declaration of mental health facility I, Professor Debora Picone AM, Director-General of the NSW Department of Health, pursuant to section 109 of the Mental Health Act 2007, DO HEREBY (a) DECLARE the following premises to be a declared mental health facility for the purposes of the Mental Health Act 2007: – the whole of the area inside the perimeter walls of the Mater Mental Health Centre, including courtyards, located on the corner of Edith Street and Lorna Street, Mater Hospital Campus, Edith Street, WARATAH; and comprising the following units: – Mental Health and Substance Use Services Unit; – Mental Health Services for Older People Unit; – the Newcastle Mental Health Unit; – the Lake Macquarie Mental Health Unit; – the Psychiatric Intensive Care Unit; – the Psychiatric Emergency Care Centre; and

(b) DECLARE this facility to be designated as a “mental health assessment and inpatient treatment” facility.

Signed, this 30th day of June 2009.

DEBORA PICONE, AM, Director-General 3812 SPECIAL SUPPLEMENT 30 June 2008

Authorised to be printed ISSN 0155-6320 DENIS H. HELM, Government Printer.

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Government Gazette OF THE STATE OF NEW SOUTH WALES Number 98 Wednesday, 1 July 2009 Published under authority by Government Advertising SPECIAL SUPPLEMENT

CONTAMINATED LAND MANAGEMENT ACT 1997 I, Niall Johnston, Manager, Contaminated Sites, in accordance with section 105 (2) (c) of the Contaminated Land Management Act 1997, publish the document “Guidelines on the Duty to Report Contamination under the Contaminated Land Management Act 1997”. These Guidelines take effect upon publication in the Government Gazette, except for Part 2 and Appendices A and B of the Guidelines which will take effect on 1 December 2009. These Guidelines revoke the document entitled “Guidelines on Signiﬁ cant Risk of Harm from Contaminated Land and the Duty to Report” published by the NSW Environment Protection Authority in Government Gazette on 4 June 1999. NIALL JOHNSTON, Manager, Contaminated Sites 3814 SPECIAL SUPPLEMENT 1 July 2009

CONTAMINATED SITES

Guidelines on the Duty to Report Contamination under the Contaminated Land Management Act 1997

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Limitations These guidelines should be used in conjunction with other relevant guidelines made or approved by the Department of Environment and Climate Change NSW under section 105 of the Contaminated Land Management Act 1997 when assessing and managing contaminated land. These guidelines do not include occupational health and safety procedures. The NSW WorkCover Authority should be consulted on such procedures. Appropriate action must be taken to manage any potential hazard and adequately protect the health of any workers on, or occupiers of, the site.

Disclaimer The Department of Environment and Climate Change NSW (DECC) has prepared this document in good faith, exercising all due care and attention, but no representation or warranty, express or implied, is made as to the accuracy, relevance, completeness or fitness of it for any other purpose in respect of a particular user’s circumstances. Users of this document should satisfy themselves about its application to their situation and, where necessary, seek expert advice or independent legal advice. The Environment Protection Authority (EPA) and DECC accept no responsibility for any loss, damage or claim for damage that may result from any person or organisation taking action or omitting to take action on the basis of this guideline. This document is subject to revision without notice. It is the responsibility of the reader to ensure that the latest version is being used. The Department of Environment and Climate Change is pleased to allow this material to be reproduced in whole or in part, provided that the meaning is unchanged and its source, publisher and authorship are acknowledged.

Published by: NSW Department of Environment and Climate Change 59–61 Goulburn Street, Sydney PO Box A290, Sydney South 1232 Phone: (02) 9995 5000 (switchboard) Phone: 131 555 (environment information and publications requests) Phone: 1300 361 967 (national parks information and publications requests) Fax: (02) 9995 5999 TTY: (02) 9211 4723 Email: [email protected] Website: www.environment.nsw.gov.au ISBN 978-1-74232-336-7 DECC 2009/438 June 2009 Printed on recycled paper

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Contents

Preface iv 1 Introduction 1 1.1 Background 1 1.2 About these guidelines 1 1.3 NSW Contaminated Land Management Framework 1 1.4 Contaminated Land Management Act 2 2 Duty to report contamination 3 2.1 The duty to report 3 2.2 Determining whether to report 3 2.2.1 Indicators of contamination 6 2.2.2 Further investigation of land 7 2.3 Notification triggers 8 2.3.1 Onsite soil contamination 8 2.3.2 Offsite soil contamination 9 2.3.3 Foreseeable contamination of neighbouring land 10 2.3.4 Groundwater 11 2.3.5 Surface water or groundwater discharging into surface water 11 2.3.6 Foreseeable 12 2.4 Other contaminants 12 2.5 Situations not intended to be captured by the duty to report 12 2.6 When does the duty to report arise? 13 2.6.1 Abilities, experience, qualifications and training 14 2.6.2 Could reasonably have sought advice, and the circumstances of contamination 14 2.6.3 When should a person seek advice about site contamination? 15 2.6.4 Examples where further assessment is not needed 15 2.6.5 Examples where advice should be sought 18 2.7 Form of report 19 2.8 Failure to report 19 3 DECC regulatory actions 20 3.1 Evaluation of the significance of the contamination 20 3.2 Contamination significant enough to warrant regulation 20 3.3 Sites warranting regulation 21 3.4 Where regulation is not warranted 22 References 23 Appendices 24 Appendix A: Notification triggers for groundwater and surface water 24 Appendix B: Site contamination notification form 31

iii

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Preface

Background This document revokes the former Contaminated Sites: Guidelines on Significant Risk of Harm from Contaminated Land and the Duty to Report, published in 1999. This document has been prepared in light of the amendments to the Contaminated Land Management Act 1997 (‘CLM Act’) by the Contaminated Land Management Amendment Act 2008 (‘CLM Amendment Act 2008’). These guidelines are made under section 105 of the Contaminated Land Management Act 1997. Various other guidelines, which may be updated from time to time, are referred to throughout this document. Where a reference guideline that is made by the Department of Environment and Climate Change (DECC) under section 105 of the CLM Act is updated, the relevant reference(s) in this document should be read as if they are part of the endorsed updated version. A reference in these guidelines to any other instrument (e.g. guidelines, standards) made under an Act should be read as a reference to that instrument as in force from time to time. These guidelines relate to the duty to report under the CLM Act only. It should be noted that there may also be reporting duties required by other legislation, for example, under the Protection of the Environment Operations Act 1997. The Environment Protection Authority (EPA) is part of DECC and exercises certain statutory functions and powers under the CLM Act. In these guidelines, references to DECC should be read as referring to the EPA. It is the latter, rather than DECC, that has powers and functions under the CLM Act.

Commencement These guidelines take effect upon publication in the Government Gazette, with the exception of Part 2 and Appendixes A and B of the Guidelines, which will take effect on 1 December 2009.

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1 Introduction

1.1 Background Land contamination1 has the potential to arise from a range of industrial and other activities. The impacts of some activities are only temporary, whereas others carry the risk of leaving an unwanted legacy. In some instances, particularly when the land use has involved hazardous substances, that legacy may be threatening to humans or the environment, or it may affect the current or future use of the land. Not all contamination will affect the land in such a way that it cannot be used productively for industrial, commercial, agricultural, residential or other purposes. To provide for effective management of contaminated land, it is necessary to distinguish situations where Department of Environment and Climate Change (DECC) regulation is warranted to protect humans or the environment from those where such regulation is not warranted. The Contaminated Land Management Act 1997 (CLM Act) establishes a legal framework that gives DECC powers to require the assessment and remediation of sites where contamination is significant enough to warrant regulation. Where DECC’s intervention is not needed, the planning process will determine the appropriate use of sites in the future.

1.2 About these guidelines These guidelines are made under section 105 of the CLM Act. They provide information on two key aspects of the duty to report contamination under the CLM Act. Section 2 of these guidelines sets out the duty of landowners and persons who have responsibility for the contamination to report to DECC. This includes a range of considerations for those who encounter land contamination and information on how to proceed where there is uncertainty. Section 3 of these guidelines outlines how DECC assesses and determines whether or not contamination is significant enough to warrant regulation.

1.3 NSW Contaminated Land Management Framework The Contaminated Land Management Framework in NSW consists of two tiers:

1 ‘Contamination’ of land is defined under the CLM Act as the presence in, on or under the land of a substance at a concentration above the concentration at which the substance is normally present in, on or under (respectively) land in the same locality, being a presence that presents a risk of harm to human health or any other aspect of the environment.

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t DECC uses its powers under the CLM Act to deal with sites where the contamination is significant enough to warrant regulation. The contamination of these sites is generally posing an unacceptable risk to human health or the environment, given the site’s current or approved use,2 and needs to be addressed immediately. t Local councils deal with other contamination under the planning and development framework, including State Environmental Planning Policy No 55 – Remediation of Land and the Managing Land Contamination – Planning Guidelines. This type of site, although contaminated, does not pose an unacceptable risk under its current or approved use. The planning and development process will determine what remediation is needed to make the land suitable for a different use.

1.4 Contaminated Land Management Act The general objective of the CLM Act is to establish a process for investigating and, where appropriate, remediating land that DECC has reason to believe is contaminated, where that contamination is considered significant enough to warrant regulation under the CLM Act. The particular objectives of the CLM Act are to: t set out accountabilities for managing contamination if DECC considers the contamination is significant enough to require regulation t set out the role of DECC in the assessment of contamination and the supervision of the investigation, remediation and management of contaminated sites t provide for the accreditation of site auditors of contaminated land to ensure appropriate standards of auditing in the management of contaminated land t ensure that contaminated land is managed with regard to the principles of ecologically sustainable development. A number of amendments to the CLM Act commenced on 1 July 2009. A key amendment related to the duty to report is removal of reference to ‘significant risk of harm’ as a trigger for reporting contaminated land to DECC under the CLM Act. The duty to report is now based on trigger values above which notification is required. Details of these trigger values are given in Section 2.3 of these guidelines.

2 ‘Approved use’ of land is defined under the CLM Act as a use to which the subject land may be put without approval or development consent under Part 3A or 4 of the Environmental Planning and Assessment Act 1979.

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2 Duty to report contamination

2.1 The duty to report Under section 60 of the CLM Act, a person whose activities have contaminated land or a landowner whose land has been contaminated is required to notify DECC when they become aware of the contamination. Such a person is required to notify DECC of contamination in any of the following circumstances: t The level of the contaminant in, or on, soil exceeds a level of contamination set out in these guidelines with respect to a current or approved use of the land, and people have been, or foreseeably will be, exposed to the contaminant, OR t The contamination meets a criterion prescribed by the regulations, OR t The contaminant has entered, or will foreseeably enter, neighbouring land, the atmosphere, groundwater or surface water, and the contamination exceeds, or will foreseeably exceed, a level of contamination set out in these guidelines and will foreseeably continue to remain above that level. Section 2.3 provides more information on the notification triggers and how they should be used in determining whether the contamination should be reported to DECC. Sections 2.5 and 2.6 clarify situations where the duty to report is not intended and some situations where the duty does arise. Although the duty to report contamination applies to certain persons in specific circumstances, as described above, any person at any time can report suspected contamination to DECC by calling the Environment Line on 131 555.

2.2 Determining whether to report To assess whether the contamination of a site should be reported, a review of the site activities and history, and a site inspection to look for indicators of contamination, should be undertaken. There may also be a need for a further, more detailed investigation. Figure 1 shows the decision process that can be used by a site owner or a responsible person in assessing whether to report under section 60 of the CLM Act. Box 1 is a checklist for site owners or responsible persons to report contamination to DECC.

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Figure 1: A decision process for use by site owners or responsible persons considering reporting contamination to DECC under the CLM Act.

STEP 1: Are there any indications of potential No duty to report contamination (see following checklist (Box 1) and to DECC. Section 2.2.1).*

Yes/Possibly

STEP 2: Owner/person responsible for the potential Owner/ person contamination to answer the following questions (see responsible checklist in Box 1): for the t Where is the contamination? contamination may elect to use t How extensive is it? a site auditor t Is there evidence of harm? accredited under the CLM Act to What is the nature of the contamination? t independently t Are people, animals or plants exposed to it? review the work of a t Is there potential for off-site migration of contamination? contaminated site (It may be necessary to engage a contaminated site consultant. consultant to answer these questions. See Section 2.2.2).

STEP 3: Owner/person responsible for the contamination No duty to report to assess this information against Section 2.3. Does the to DECC. contamination satisfy the notification triggers? No

STEP 4: Report to DECC using the Site Contamination Notification Form (see Appendix B or www.environment.gov.au/clm).

Yes

DECC will reassess information provided to determine whether the contamination is significant enough to warrant regulation. DECC may request further information, investigation, or remediation, if necessary.

* Refer to sections 2.5 and 2.6 for situations and examples not intended to be captured by the duty to report.

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Box 1: Checklist for use by site owners and persons responsible for contamination to report contamination to DECC STEP 1: Indications of possible contamination Owner/ person responsible for the potential contamination to review site history and records and to undertake a site inspection to check whether: the site or adjacent sites may be associated with potential contaminating activities the site or adjacent sites may be associated with complaints about pollution or illegal dumping of wastes there are gaps or doubts about the site history that the site could have associated with activities causing contamination there are any chemical or physical indicators of contamination, as per Section 2.2.1. If the answers to all of the above are ‘No’, reporting to DECC is not required under section 60 of the CLM Act. STEP 2: Assessing the site Once the indicators of contamination have been identified, check that: an investigation of the potential contaminants of concern in defining the nature, degree and extent of contamination has been conducted site investigation/s and reporting follow Contaminated Sites: Guidelines for Consultants Reporting for Contaminated Sites (NSW EPA 2000). the checklist for Exposure Assessment in Appendix VII of the Contaminated Sites: Guidelines for the NSW Site Auditor Scheme, 2nd edition (NSW DEC 2006) has been addressed. any evidence of, or potential for, migration of contaminants from the site and its adjacent sites has been appropriately addressed. results of the assessment are assessed against the notification requirements in Section 2.3 and Appendix A. If a contaminated land consultant is engaged to clarify the level of contamination, check that: the consultant has appropriate qualifications and is experienced in contaminated site assessment and remediation (refer to ‘Where to find a consultant?’ on the DECC website for further information). the consultant is aware that the investigation is to provide information for assessment of reporting obligations under section 60 of the CLM Act.

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2.2.1 Indicators of contamination A review of the site activities and history provides a starting point to assess whether current or past use may have contributed to contamination of the site. This includes consideration of whether the site or adjacent sites may be associated with potentially contaminating activities; complaints about pollution or illegal dumping of wastes; and whether there are gaps in, or doubts about, the site history. An inspection of the site and its surrounds may provide physical indicators of contamination or harm. Examples of indicators of contamination are: t case(s) of a biologically plausible illness or health impairment among people who have had exposure to a particular contaminated site t the presence of chemicals either on, or in, surface water or groundwater at the site (for example, abnormal colouration of the water, odours emanating from the water) t visible signs of toxic responses to contaminants in flora and fauna (for example, unusual numbers of birds dying on or near the site, abnormal domestic animal or wildlife behaviour, dead vegetation within, or adjacent to, areas of otherwise normal growth) t the finding of liquid or solid chemicals or chemical wastes on, or in, the soil during site works t unusual odours emanating from the soil t the entry of chemicals into on- or off-site service trenches t the presence of discarded explosive materials on site t the presence or the storage of bulk liquid dangerous goods on site t the presence of illegal and/or uncontrolled landfills on site t evidence of off-site migration of contaminants into adjacent or nearby environments (for example, migration to residential areas, creeks, rivers, wetlands, sediments or groundwater). Note that this list is not exhaustive, and there may be additional indicators that are relevant to some sites. In some cases the indicators themselves will provide enough evidence to conclude that the contamination should be reported to DECC. In those cases where the indicators suggest that

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contamination is present but there is uncertainty as to whether the contamination should be reported to DECC, further investigation may be needed.

2.2.2 Further investigation of land Where further investigation of the land is necessary to assess whether contamination should be reported to DECC, a site investigation should: t describe past and present activities that potentially contaminated the land and the adjacent areas, including groundwater, surface water and sediments t identify potential contamination types t assess the site condition t assess the nature, degree and extent of the contamination t assess any harm that has been, or is being, caused by the contamination t assess the possible exposure routes and exposed populations and the nature of any risk presented by the contamination. A suitably qualified and experiencedenvironmental consultant should be engaged to do the assessment. The consultant should use the publication Contaminated Sites: Guidelines for Consultants Reporting on Contaminated Sites (NSW EPA 2000) as a basis for conducting the investigation and preparing a report. Other guidelines made or approved under section 105 of the CLM Act should also be considered, including the National Environment Protection (Assessment of Site Contamination) Measure 1999 (NEPC 1999), which provides a national framework for consistency and practical guidance for the assessment of contaminated sites. Important DECC guidelines related to site assessment include: t Contaminated Sites: Guidelines for Assessing Service Station Sites (NSW EPA 1994) t Contaminated Sites: Guidelines for the Assessment and Management of Groundwater Contamination (NSW DEC 2007). The investigation should consider the nature, degree and extent of contamination; whether the contamination affects the existing or approved uses of the site and adjacent sites; and potential routes of exposure to humans and the environment. It should give a conclusion as to whether or not the contamination should be reported in consideration of Section 2.3.

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Where uncertainties arise from information gathered during the site investigation, there may be a need to undertake a further investigation to obtain more information. Consideration could also be given to engaging an accredited site auditor to review the consultant’s report and resolve any uncertainties. Auditors may be used in other circumstances at the discretion of the person(s) initiating a site investigation.

2.3 Notification triggers A landowner or a person whose activities have contaminated land is required to notify DECC that the land is contaminated if a substance contaminating the land (a ‘contaminant’) is present at levels above any of those specified by these guidelines and if certain other factors are met (see below).

2.3.1 Onsite soil contamination For the purposes of s. 60(3)(b) of the CLM Act, notification of contamination in, or on, soil on the land is required if: EITHER: t the 95% upper confidence limit on the arithmetic average concentration3 of a contaminant in, or on, soil on the land is equal to, or above: — the Health Investigation Level specified for that contaminant for the current or approved use of the land in the National Environment Protection (Assessment of Site Contamination) Measure 1999, or — (for any current or approved use of the land where the contaminant is benzene, toluene, ethyl benzene or total xylenes) the threshold concentration specified for benzene, toluene, ethyl benzene or total xylenes in soil in the Contaminated Sites: Guidelines for Assessing Service Station Sites (NSW EPA 1994), OR t the concentration of a contaminant in an individual soil sample from the land is equal to, or above, two and a half times:

3 An example for determining the 95% upper confidence limit onthe arithmetic average concentration can be found in the Sampling Design Guidelines (NSW EPA 1995).

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— the Health Investigation Level specified for that contaminant for the current or approved use of the land in the National Environment Protection (Assessment of Site Contamination) Measure 1999, or — (for any current or approved use of the land where the contaminant is benzene, toluene, ethyl benzene or total xylenes) the threshold concentration specified for benzene, toluene, ethyl benzene or total xylenes in soil in the Contaminated Sites: Guidelines for Assessing Service Station Sites (NSW EPA 1994). AND t a person has been, or foreseeably will be, exposed to the contaminant or any by-product of the contaminant. Further details on the concept of ‘foreseeability’ are provided in section 2.3.6.

2.3.2 Offsite soil contamination For the purposes of s. 60(3)(a) of the CLM Act, notification of contamination in, or on, soil on neighbouring land is required if: t the contaminant has entered neighbouring land, AND EITHER: t the 95% upper confidence limit on the arithmetic average concentration4 of a contaminant in, or on, soil on the neighbouring land is equal to, or above: — the Health Investigation Level specified for that contaminant for the current or approved use of the land in the National Environment Protection (Assessment of Site Contamination) Measure 1999, or — (for any current or approved use of the land where the contaminant is benzene, toluene, ethyl benzene or total xylenes) the threshold concentration specified for benzene, toluene, ethyl benzene or total xylenes in soil in the Contaminated Sites: Guidelines for Assessing Service Station Sites (NSW EPA, 1994). OR

4 Refer to the Sampling Design Guidelines (NSW EPA 1995) for determination of the 95% upper confidence limit on the arithmetic average concentration.

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t the concentration of a contaminant in an individual soil sample from the land is equal to, or above, two and a half times: — the Health Investigation Level specified for that contaminant for the current or approved use of the land in the National Environment Protection (Assessment of Site Contamination) Measure 1999 as in force from time to time, or — (for any current or approved use of the land where the contaminant is benzene, toluene, ethyl benzene or total xylenes) the threshold concentration specified for benzene, toluene, ethyl benzene or total xylenes in soil in the Contaminated Sites: Guidelines for Assessing Service Station Sites (NSW EPA 1994). AND t the concentration of the contaminant in, or on, the soil on the neighbouring land will foreseeably continue to remain above the specified concentration.

2.3.3 Foreseeable contamination of neighbouring land For the purposes of s. 60(3)(a) of the CLM Act, notification of foreseeable contamination of neighbouring land is required if: t the contaminant will foreseeably enter neighbouring land AND t the concentration of the contaminant in the neighbouring land will foreseeably be above: — the Health Investigation Level specified for that contaminant for the current or approved use of the land in the National Environment Protection (Assessment of Site Contamination) Measure 1999, or — (for any current or approved use of the land where the contaminant is benzene, toluene, ethyl benzene or total xylenes) the threshold concentration specified for benzene, toluene, ethyl benzene or total xylenes in soil in the Contaminated Sites: Guidelines for Assessing Service Station Sites (NSW EPA 1994). AND t the concentration of the contaminant on the neighbouring land will foreseeably continue to remain above the specified concentration.

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2.3.4 Groundwater For the purposes of s. 60(3)(a) of the CLM Act, notification of actual or foreseeable contamination of groundwater is required if: t the contaminant has entered, or will foreseeably enter, groundwater AND t the concentration of the contaminant in the groundwater is, or will foreseeably be, above the concentration specified for that contaminant in Column 1 of Appendix A AND t the concentration of the contaminant in the groundwater will foreseeably continue to remain above the specified concentration. Separate-phase contamination of groundwater (i.e. immiscible organic liquid), if found, requires notification regardless of the concentration in the groundwater.

2.3.5 Surface water or groundwater discharging into surface water In the cases of: t surface water, or t groundwater discharging into a surface water body or other receptors within a 500-metre radius of the boundary of the contaminant source, notification of actual or foreseeable contamination is required for the purposes of s. 60(3)(a) of the CLM Act if: t the contaminant has entered, or will foreseeably enter, the surface water or groundwater AND t the concentration of the contaminant in the surface water or groundwater is, or will foreseeably be, above the concentration specified for that contaminant in Column 2 or 3 in Appendix A AND t the concentration of the contaminant in the surface water or groundwater will foreseeably continue to remain above the specified concentration.

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2.3.6 Foreseeable The key concept of ‘foreseeable’ in the CLM Act is to determine the likelihood of the presence of contamination or potential routes for contaminant migration. Foreseeability depends on a number of considerations, including: t the physical and chemical properties of the contaminants t the quantity of the contaminants t the location of the site t the geological and hydrogeological conditions (soil stratigraphy, depth to groundwater, and direction and rate of groundwater or surface water flow) t the potential fate and transport mechanisms. To determine the foreseeable movement of contaminants through various media such as soil, groundwater, surface water or air, a sufficient number of samples should be collected to verify the extent of contamination in the relevant media and the results of the sampling compared with the relevant tables in these guidelines. Where relevant media have not been sampled, the potential movement of contaminants at levels above the trigger values should be assumed, except where negligible amounts of the contaminants have been released into the environment and at these quantities the environment and the human health are unlikely to be affected.

2.4 Other contaminants In cases where there are no levels specified for any particular contaminants in any environmental media, other reputable regulatory criteria may be used as a reference. Alternatively, a site- specific risk assessment should be considered. Detailed site-specific human health or ecological risk assessments can be both complex and costly, and these considerations will guide decisions as to the level of assessment required.

2.5 Situations not intended to be captured by the duty to report The duty to report is not intended to capture the notification of: t widespread diffuse urban pollution that is not attributed to a specific industrial, commercial or agricultural activity t sites without offsite contamination, where:

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— the onsite contamination is not likely to migrate to an adjoining property, and — any onsite contamination has been adequately addressed by the planning process under the Environmental Planning and Assessment Act 1979 t sites with substances that are at levels above the triggers but are below, or the same as, the natural background concentration t sites that have already been notified to DECC under the CLM Act, where there has been no change in circumstances since the previous notification t sites subject to a declaration, an order or a proposal under Part 3 of the CLM Act t sites formerly subject to a declaration under Part 3 of the CLM Act but where no potentially contaminating activities have since been carried on t sites where a site audit statement has been issued certifying that the site is suitable for the current or approved use, and no potentially contaminating activities have since been carried on at the site While the duty to report under the CLM Act is not intended to capture the above scenarios, DECC may still choose to regulate these sites under the CLM Act or other legislation if it considers that the contamination is significant enough to warrant regulation. In doing so, DECC would consider the circumstances of each site in determining whether to intervene.

2.6 When does the duty to report arise? The duty to report arises when a landowner or a person whose activities have contaminated the land: t is aware of the contamination, or t should reasonably have become aware of the contamination. The following factors are to be taken into account in determining when a person should reasonably have become aware of the contamination: t the person’s abilities, including his or her experience, qualifications and training t whether the person could reasonably have sought advice that would have made the person aware of the contamination t the circumstances of the contamination.

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2.6.1 Abilities, experience, qualifications and training DECC considers that a person should reasonably be aware of contamination on land if they have knowledge of: t the substances that could cause contamination t how to identify and assess those substances t the behaviour of those substances in the environment t how to assess the potential pathways by which those substances could move t how to assess and identify the exposure pathways available to those substances.

2.6.2 Could reasonably have sought advice, and the circumstances of contamination A range of factors might influence whether a person could reasonably seek advice about contamination. Although it is impossible to exhaustively describe those factors, these guidelines provide some examples as guidance. For example, the following factors might affect whether a person should reasonably seek advice: t the circumstances of the contamination (for example, whether there is evidence of the contamination) t the site history t the activities currently carried out at the site t the activities carried out by the landowner t whether the person, or anyone engaged by that person, is able to access the site to obtain further information about the contamination. For example, where the person: — is not a lessee (or sub-lessee) or lessor (or sub-lessor) of the site — does not own the site — has no control or management of the site, and — has no financial interest in the site then that person might have difficulty accessing a site.

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If a person: t undertakes potentially contaminating commercial or industrial activities on the site, or t is involved in land development activities and the subject land has been associated with activities that may potentially contaminate land, water or groundwater then that person should seek advice about the existence, and nature, of any contamination on the site. If: t potentially contaminating commercial or industrial activities have previously been carried out on the land, or the land is filled with materials from an unknown origin t there is evidence of contamination, and t no prior assessment has been conducted or a management plan for the site has not been developed and implemented then the landowner or a person who has engaged in an activity that could potentially contaminate the land should seek further advice about the site and determine whether there is any contamination that should be notified to DECC.

2.6.3 When should a person seek advice about site contamination? The following scenarios provide some guidance in determining whether a person should seek advice about site contamination for the purposes of s. 60(9)(b) of the CLM Act. These examples are not exhaustive and are provided as guidance only. They do not constitute legal advice. The importance of seeking further advice about site contamination will depend on the particular circumstances in each instance, and these may differ from the examples given below. Landowners and persons carrying on potentially contaminating activities should obtain their own independent legal advice.

2.6.4 Examples where further assessment is not needed A person would not be expected to seek advice in the following situations: Example 1: t The site is currently used for residential purposes. t The site has never been used for commercial or industrial purposes.

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t The site has complete coverage with grass and/or pavements and/ or buildings. t Gardens are established at the site with clean topsoil. t No indicators of contamination are present (for example, no dead or stressed vegetation, no surface indicators of chemical spills, no unexplained patches of bare earth, no chemical odours from drains or other subsurface locations; no unexplained animal deaths; no unexplained health issues). Example 2: t The site is in use for any purpose. t The site was previously used for commercial or industrial purposes. t The site has either been filled or not filled. If the site is filled, disturbance of the soil or cap is subject to an environmental management plan or a development consent and is carried out in accordance with that plan or consent. t A site audit statement has been issued certifying that the site is suitable for the current or approved use. t No potentially contaminating activities have been carried on at the site since the statement was issued. Example 3: t The site is currently used for public open space purposes (for example, parks, playgrounds, playing fields). t Public access to the site is allowed. t The site is completely covered with clean materials (for example, grass, soil, pavements). t An appropriate Environmental Management Plan (‘EMP’) and Occupational Health and Safety Plan (‘OH&S Plan’) are being implemented at the site for users and visiting maintenance workers. Example 4: t The site is currently used for commercial, industrial or other purposes (for example, infrastructure or utility corridors). t The site is fenced and members of the public are not able to access the site. t An appropriate EMP and OH&S Plan are being implemented at the site for users and visiting maintenance workers.

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t There is no evidence of contamination (for example, no dead or stressed vegetation, no surface indicators of chemical spills, no unexplained patches of bare earth, no chemical odours from drains or other subsurface locations; no unexplained animal deaths; no unexplained health issues; no reasons to suspect groundwater is being affected by the activities). t There is no aboveground or underground storage of bulk liquid chemicals. Example 5: t The site is currently used for a commercial or industrial use. t The site is fenced and members of the public are not able to access the site. t An appropriate OH&S Plan is being implemented for users of the site and for visiting maintenance workers. t There is underground storage of bulk liquid chemicals or fuels on the site. t There is no evidence of contamination (for example, no dead or stressed vegetation, no surface indicators of chemical spills, no unexplained patches of bare earth, no chemical odours from drains or other subsurface locations (other than the underground storage location); no unexplained animal deaths; no unexplained health issues). t There are groundwater monitoring wells at the site and no contamination has been detected. t An appropriate EMP, including an ongoing groundwater monitoring plan, has been implemented in all 6-monthly monitoring periods to date. Example 6: t The site is currently used for commercial or industrial purposes, including associated infrastructure such as carparks, roads and open space. t Public access to the site is allowed. t The site is permanently covered (for example, by pavements and/ or by floor slabs with small landscaped or grassed areas). t An appropriate EMP and OH&S Plan are being implemented for users and visiting maintenance workers.

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t There is no underground storage of bulk liquid chemicals or fuels on the site. t There is no evidence of contamination (for example, no dead or stressed vegetation, no surface indicators of chemical spills, no unexplained patches of bare earth, no chemical odours from drains or other subsurface locations (other than the underground storage location); no unexplained animal deaths; no unexplained health issues). Example 7: t The site is currently used for industrial purposes. t There are aboveground and underground storage systems at the site. t Contamination is present in the groundwater at concentrations above the triggers but is confined within the boundaries of the site. t A detailed site investigation has been conducted and the nature, degree and extent of contamination have thoroughly been defined. t An appropriate OH&S Plan and EMP are being implemented for site users and visiting maintenance workers. t The contaminants have been found not to pose on-site risks (for example, from vapour inhalation). t Site investigations have confirmed that because the soils are of low permeability the contaminated groundwater is unlikely to move off site. t Groundwater monitoring close to, or at, the hydraulic down-gradient site boundary continues to confirm that the contaminated groundwater will not migrate off site.

2.6.5 Examples where advice should be sought A person would be expected to seek advice in the following situations to establish the nature and level of the contamination, to determine whether the contamination is likely to migrate to adjoining properties, and to determine whether there is a duty to notify: Example 8: t The site is currently used for commercial, industrial or open recreational purposes. t Public access to the site is allowed.

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t The site is uncovered, with access to soil and/or fill materials. t Large areas of the site are filled with materials of unknown origin and the site is adjacent or close to a sensitive receptor (for example, the site is near land used for residential purposes or for child care use or near a waterway). Example 9: t The site is currently used for commercial or industrial purposes. t The site is either fenced or not fenced and members of the public are, or are not, able to access the site. t An appropriate OH&S Plan and EMP are being implemented site users, including visiting maintenance workers. t There is underground or above-ground storage of bulk liquid chemicals or fuels on the site. t There are no groundwater wells present at the site. t No environmental assessment has been recently undertaken to assess whether any contaminants at the site have migrated, or are likely to migrate, to adjoining properties.

2.7 Form of report The CLM Act requires notification to be given in a form approved by DECC. A copy of the approved form is contained in Appendix B. Any supporting information related to the contamination should be attached in, for example, consultants’ reports.

2.8 Failure to report A person who is required to report contamination to DECC but fails to do so may be subject to prosecution. If the person is convicted, the CLM Act currently provides for a maximum penalty of: t 1500 penalty units (currently $165,000), with a further penalty of 700 penalty units (currently $77,000) for each day the offences continues, in the case of a corporation, or t 700 penalty units (currently $77,000), with a further penalty of 300 penalty units (currently $33,000) for each day the offence continues, in the case of an individual.

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3 DECC regulatory actions

3.1 Evaluation of the significance of the contamination When DECC receives a report under section 60 of the CLM Act, it will assess the information, and any other relevant information to which it has access, to determine whether the contamination is significant enough to warrant regulation. The matters that DECC must consider before declaring land to be significantly contaminated land are listed in section 12 of the CLM Act and are described in Section 3.2 of these Guidelines. DECC has a general obligation under section 8 of the CLM Act to respond within a reasonable time to a person who has furnished information about actual or possible contamination of land, and to record what it has done and the reasons for doing it. The information provided by a person in complying with the duty to report under section 60 of the CLM Act is not admissible as evidence in any proceedings against that person for an offence under any environment protection legislation administered by DECC (except for proceedings for an offence under s. 60 of the CLM Act).

3.2 Contamination significant enough to warrant regulation The CLM Act has defined a process that DECC must follow before declaring land to be significantly contaminated land. In determining whether land is contaminated and whether that contamination is significant enough to warrant regulation, DECC must take into account: (a) whether the substances have already caused harm or are likely to cause harm (for example, in the form of toxic effects on plant or animal life) (b) whether the substances are toxic, persistent or bioaccumulative, or are present in large quantities or in high concentrations, or occur in combinations (c) whether there are exposure pathways available to the substances (that is, routes whereby the substance may proceed from the source of the contamination to human beings or into the environment) (d) whether the uses to which the land (and any land adjoining it) is currently being put are such as to increase the risk of harm from the substance (for example, using the land for the purposes

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of child care, dwellings or production of food for human consumption) (e) whether the approved uses of the land and land adjoining it are such as to increase the risk of harm from the substances (f) whether the substances have migrated, or are likely to migrate, from the land, because of either the nature of the land or the substances (g) any relevant guidelines. The CLM Act does not define the nature or level of contamination that requires regulation, as this is determined on a case-by-case basis. Determining whether or not contamination is significant enough to warrant regulation involves many considerations, including the type, nature, quantity and concentration of contaminants, how they manifest themselves, the characteristics they display and the nature of their impacts in a particular medium. It also involves broader considerations, such as the current use of the land, who might be exposed to the contaminants under that use, and whether they are likely to be exposed.

3.3 Sites warranting regulation Once DECC determines that it has reason to believe that the land is contaminated and the contamination is significant enough to warrant regulation, it may take any of a number of actions under Part 3 of the CLM Act. These actions could include: t declaring the land to be ‘Significantly Contaminated Land’ (section 11 of the CLM Act) t issuing Management Orders to require site assessment, remediation and/or monitoring (section 14 of the CLM Act) t approving voluntary management proposals from interested parties to manage the land voluntarily (section 17 of the CLM Act) t liaising and negotiating with landowners or land occupiers on appropriate solutions t undertaking educational programs, public awareness programs and other measures to minimise the environmental and health implications of contamination (section 104 of the CLM Act) t issuing a clean-up or prevention notice under the Protection of the Environment Operations Act 1997, regardless whether or not DECC is the appropriate regulatory authority.

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In addition to regulatory actions, and if it is in the public interest, the Minister may also enter into voluntary offset arrangements with a person responsible for contamination of land. Under such arrangements, the person provides help (other than direct monetary help) to communities affected by the contamination (section 111A of the CLM Act). The actions taken by DECC will depend on the nature of the site, the use to which it is put, the nature of the risk identified by DECC and the management options available for addressing the risk. DECC’s primary goal in relation to managing contaminated land where the contamination is significant noughe to warrant regulation is to ensure a reduction in the risk posed by the contamination, such that the existing land use may continue or the use for which there is a current approval may proceed.

3.4 Where regulation is not warranted In some circumstances a site may be contaminated but DECC may consider that the contamination is not significant noughe to warrant regulation. A site may contain contaminants at levels above the triggers, but in view of the limited exposure pathways available the contamination will not be considered significant enough to warrant regulation. Where DECC considers that a contaminated site does not warrant regulation under the CLM Act, the contamination issue should be addressed by the proponent and the planning consent authority as part of the development approval process. If the existing land use is proposed to be changed, the planning authority may require the site to be remediated to a level suitable for the proposed new use. Councils may also consider regulating the contamination, where warranted, under the Protection of the Environment Operations Act 1997.

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References ANZECC & ARMCANZ 2000, Australian and New Zealand Guidelines for Fresh and Marine Water Quality, Australian and New Zealand Environment and Conservation Council and Agriculture and Resource Management Council of Australia and New Zealand, Paper No 4, October 2000 NEPC 1999, National Environment Protection (Assessment of Site Contamination) Measure 1999, National Environment Protection Council, Canberra NHMRC & NRMMC 2004, Guidelines for Drinking Water Quality in Australia, National Health and Medical Research Council and Natural Resource Management Ministerial Council, Canberra NSW DEC 2006, Contaminated Sites: Guidelines for the NSW Site Auditor Scheme (2nd edition), NSW Department of Environment and Conservation, Sydney. NSW DEC 2007, Contaminated Sites: Guidelines for the Assessment and Management of Groundwater Contamination. NSW Department of Environment and Conservation, Sydney. NSW EPA 1994, Contaminated Sites: Guidelines for Assessing Service Station Sites, NSW Environment Protection Authority, Sydney. NSW EPA 1995, Contaminated Sites: Sampling Design Guidelines, NSW Environment Protection Authority, Sydney. NSW EPA 2000, Contaminated Sites: Guidelines for Consultants Reporting on Contaminated Sites, NSW Environment Protection Authority, Sydney.

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Appendix A: Notification triggers for groundwater and surface water

Column 1 Column 2 Column 3 Trigger value Trigger value Trigger value Substance for drinking for fresh for marine water1 water2 water2 (μg/L) (μg/L) (μg/L) Metals and metalloids Aluminium pH >6.5 55 ID Antimony 3IDID Arsenic (total) 7 Arsenic (As III) 24 ID Arsenic (As V) 13 ID Barium 700 Boron 4000 370 ID Cadmium 20.2 5.5 Chromium (as Cr III) ID 27.4 Chromium (as Cr(VI)) 50 1 4.4 Cobalt ID 1 Copper 2000 1.4 1.3 Lead 10 3.4 4.4 Manganese 500 1900 ID Mercury (total) 1 Mercury (inorganic) 0.6 0.4 Molybdenum 50 ID ID Nickel 20 11 70 Selenium 10 11 ID Silver 100 0.05 1.4 Tributyltin (as μg/L Sn) ID 0.006 Uranium 20 ID ID Vanadium ID 100 Zinc 815 Non-metallic inorganics Ammonia 900 910 Bromate 20 Chlorine 5000 3 ID Chlorine dioxide 1000 Chlorite 300 Cyanogen chloride (as cyanide) 80 7 4 Fluoride 1500 Hydrogen sulfide 1ID Iodide 100 Nitrate (as nitrate) 50000 700 ID

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Column 1 Column 2 Column 3 Trigger value Trigger value Trigger value Substance for drinking for fresh for marine water1 water2 water2 (μg/L) (μg/L) (μg/L) Nitrite (as nitrite) 3000 Sulfate 500000 Organic alcohols Ethanol 1400 ID Chlorinated alkanes Carbon tetrachloride 3IDID Dichloromethane (methylene 4IDID Chloromethanes chloride) Chloroethanes 1,2-dichloroethane 3IDID 1,1,2-trichloroethane 6500 1900 Hexachloroethane 360 ID Chlorinated alkenes 1,1-dichloroethene 30 1,2-dichloroethene 60 Tetrachloroethene 50 Anilines Aniline 250 ID 2,4-dichloroaniline 7ID 3,4-dichloroaniline 3150 Aromatic hydrocarbons Benzene 1950 700 Chlorobenzene 300 Ethylbenzene 300 ID ID o-xylene 350 ID p-xylene 200 ID Toluene 800 ID ID Trichlorobenzenes (total) 30 Total Xylenes 600 Polycyclic aromatic Benzo(a)pyrene 0.01 ID ID hydrocarbons Naphthalene 16 70 Nitrobenzenes Nitrobenzene 550 ID Nitrotoluenes 2,4-dinitrotoluene 65 ID 2,4,6-trinitrotoluene 140 ID Chlorobenzenes and 1,2-dichlorobenzene 1500 160 ID chloronaph thalenes 1,3-dichlorobenzene 260 ID 1,4-dichlorobenzene 40 60 ID 1,2,3-trichlorobenzene 10 ID

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Column 1 Column 2 Column 3 Trigger value Trigger value Trigger value Substance for drinking for fresh for marine water1 water2 water2 (μg/L) (μg/L) (μg/L) 1,2,4-trichlorobenzene 170 80 Polychlorinated Aroclor 1242 biphenyls (PCBs) and 0.6 ID dioxins Aroclor 1254 0.03 ID Phenols and xylenols Phenol 320 400 2-chlorophenol 300 490 ID 4-chlorophenol 220 ID 2,4-dichlorophenol 200 160 ID 2,4,6-trichlorophenol 20 20 ID 2,3,4,6- tetrachlorophenol 20 ID Pentachlorophenol 10 10 22 Nitrophenols 2,4-dinitrophenol 45 ID Organic sulfur compounds Phthalates Dimethylphthalate 3700 ID Diethylphthalate 1000 ID Dibutylphthalate 26 ID Miscellaneous chemicals Acrylamide 0.2 Poly(acrylonitrile-co- 530 250 butadiene-co-styrene) Chloroacetic acid 150 Di(2-ethylhexyl) phthalate 10 Dichloroacetic acid 100 Epichlorohydrin 0.5 Ethylenediamine tetraacetic 250 acid (EDTA) Formaldehyde 500 Hexachlorobutadiene 0.7 ID ID Monochloramine 3000 Nitrilotriacetic acid 200 Styrene 30 Tributyltin oxide 1 Trichloroacetaldehyde (chloral 20 hydrate) Trichloroacetic acid 100 Trihalomethanes (THMs) (Total) 250 Vinyl chloride 0.3 Pesticides Acephate 10 Aldicarb 1

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Column 1 Column 2 Column 3 Trigger value Trigger value Trigger value Substance for drinking for fresh for marine water1 water2 water2 (μg/L) (μg/L) (μg/L) Aldrin 0.3 ID ID Ametryn 50 Amitrole 10 ID ID Asulam 50 Atrazine 40 13 ID Azinphos-methyl 30.02 ID Benomyl 100 Bentazone 30 Bioresmethrin 100 Bromacil 300 ID ID Bromophos-ethyl 10 Bromoxynil 30 Carbaryl 30 Carbendazim 100 Carbofuran 10 1.2 ID Carbophenothion 0.5 Carboxin 300 Chlordane 10.08 ID Chlorfenvinphos 5 Chlorothalonil 30 Chloroxuron 10 Chlorpyrifos 10 0.01 0.009 Chlorsulfuron 100 Clopyralid 1000 2,4-D 30 280 ID DDE ID ID DDT 20 0.01 ID Diazinon 30.01 ID Dicamba 100 Dichlobenil 10 Dichlorvos 1 Diclofop-methyl 5 Dicofol 3IDID Dieldrin 0.3 ID ID Difenzoquat 100 Dimethoate 50 0.15 ID Diphenamid 300 Diquat 51.4 ID Disulfoton 3 Diuron 30 ID ID

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Column 1 Column 2 Column 3 Trigger value Trigger value Trigger value Substance for drinking for fresh for marine water1 water2 water2 (μg/L) (μg/L) (μg/L) DPA (2,2-DPA) 500 EDB 1 Endosulfan 30 0.2 0.1 Endothal 100 Endrin 0.02 0.008 EPTC 30 Esfenvalerate 0.001 ID Ethion 3 Ethoprophos 1 Etridiazole 100 Fenamiphos 0.3 Fenarimol 30 Fenchlorphos 30 Fenitrothion 10 0.2 ID Fenoprop 10 Fensulfothion 10 Fenvalerate 50 Flamprop-methyl 3 Fluometuron 50 Formothion 50 Fosamine 30 Glyphosate 1000 1200 ID Heptachlor 0.3 0.09 ID Hexaflurate 30 Hexazinone 300 ID ID Lindane 20 0.2 ID Malathion 0.05 ID Maldison 50 Methidathion 30 Methiocarb 5 Methomyl 30 3.5 ID Methoxychlor 300 ID ID Metolachlor 300 ID ID Metribuzin 50 Metsulfuron ID ID Metsulfuron-methyl 30 Mevinphos 5 Mirex ID ID Molinate 53.4 ID Monocrotophos 1

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Column 1 Column 2 Column 3 Trigger value Trigger value Trigger value Substance for drinking for fresh for marine water1 water2 water2 (μg/L) (μg/L) (μg/L) Napropamide 1000 Nitralin 500 Norflurazon 50 Oryzalin 300 Oxamyl 100 Paraquat 30 ID ID Parathion 10 0.0004 ID Parathion methyl 100 Pebulate 30 Pendimethalin 300 Permethrin 100 Picloram 300 Piperonyl butoxide 100 Pirimicarb 5 Pirimiphos-ethyl 0.5 Pirimiphos-methyl 50 Profenofos 0.3 ID ID Promecarb 30 Propachlor 50 Propanil 500 Propargite 50 Propazine 50 Propiconazole 100 Propyzamide 300 Pyrazophos 30 Quintozene 30 Silvex (see Fenoprop) Simazine 20 3.2 ID Sulprofos 10 2,4,5-T 100 36 ID Tebuthiuron 2.2 ID Temephos 300 ID 0.005 Terbacil 30 Terbufos 0.5 Terbutryn 300 Tetrachlorvinphos 100 Thiobencarb 30 2.8 ID Thiometon 3 Thiophanate 5 Thiram 30.2 ID

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Column 1 Column 2 Column 3 Trigger value Trigger value Trigger value Substance for drinking for fresh for marine water1 water2 water2 (μg/L) (μg/L) (μg/L) Toxaphene 0.2 ID Triadimefon 2 Trichlorfon 5 Triclopyr 10 Trifluralin 50 4.4 ID Vernolate 30 Alcohol ethoxylated sulfate 650 ID Surfactants (AES) Alcohol ethoxylated 140 ID surfactants (AE) Linear alkylbenzene sulfonates 280 ID (LAS)

1 Trigger values of Column 1 are taken from the Health values of the Guidelines for Drinking Water Quality in Australia (NHMRC & NRMMC 2004). 2 Trigger values of Columns 2 and 3 are taken from the 95% species protection values of the Australian and New Zealand Guidelines for Fresh and Marine Water Quality (ANZECC & ARMCANZ 2000) ID Insufficient data to derive a reliable trigger

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Appendix B: Site contamination notification form

Contaminated Land Notification Form Section 60 of the Contaminated Land Management Act 1997

This form should be completed by: (a) a person who becomes aware that the person(s) activities in, on or under land have contaminated the land, or (b) an owner of land who becomes aware that the land has been contaminated (whether before or during the owner’s ownership of the land).

1. Where to send completed forms

Contaminated Sites IMPORTANT Department of Environment and Climate Change TYPE OR PRINT PO Box A290 SYDNEY SOUTH NSW 1232

2. Reporter details Name: Telephone Number (business hours):

Fax Number (business hours):

Address: I am: the owner of the site

the person whose activities have contaminated the land

3. Site details Site or establishment name (if appropriate): Street address:

Lot and DP number: Local Government Area:

Owner(s): Occupier(s):

4. Cause of contamination Previous/present activities that caused or could have caused the contamination (where known):

5. Contamination Contaminants of concern: Source of information on contamination:

6. What aspects of the environment are affected? 7. Who/what is potentially at risk?

Tick all that apply: Tick all that apply: Air Drinking water catchment Residents Plants Groundwater Wetlands Workers on commercial/ Animals Surface water Other: (Please specify) industrial sites Other: (Please specify) Sediments School/kindergarten ______children ______ Soil ______ Threatened species ______ Stormwater Aquatic life

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8. Are any other sites affected or at risk?

Tick appropriate box: No Yes If ‘yes’ is ticked, indicate which of the matters listed in items 6 and 7 apply to other sites and where those sites are located:

9. Additional pages attached

If you have attached additional pages to this notification, indicate the number of pages below. When the notification is certified, the person/s who certify the notification must initial each page attached. Number of pages attached: ______

10. Certification (in the case of a notice lodged by a corporation or a body corporate) I/We declare that the information in this form and any accompanying documents is not false or misleading in any material particular.

COMMON SEAL AFFIXED IN ACCORDANCE Name: Name: WITH ANY RELEVANT LAWS

Position: Position:

Signature: Signature:

Date: Date:

11. Signature (in the case of a notice lodged by one or more individuals)

I/We declare that the information in this form and any accompanying documents is not false or misleading in any material particular.

Name: Name:

Signature: Signature:

Date: Date:

If the notification is made by one or more individuals, the form must be signed by each individual concerned. If the notification is made by a company, the form must be signed: • by affixing the common seal of the company in accordance with theCorporations Act 2001, or • by two directors, or • by a director and a company secretary, or • if a proprietary company that has a sole director who is also the sole company secretary – by that director. If the notification is made by a body corporate, the form must be signed in accordance with any applicable laws. If the notification is made by a local council, the form must be signed: • by the general manager in accordance with s. 377 of the Local Government Act 1993 (‘LG Act’), or • by affixing the seal of the council in a manner authorised under the LG Act. If the notification is made by a public authority other than a local council, the form must be signed: • by the chief executive officer of the public authority, or • by a person delegated to sign on the public authority’s behalf in accordance with its legislation. (Please note: a copy of the relevant instrument of delegation must be attached to this form.)

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CROWN LANDS ACT 1989 APPOINTMENT OF TRUST BOARD MEMBERS PURSUANT to section 93 of the Crown Lands Act 1989, the persons whose names are specifi ed in Column 1 of the Schedules hereunder are appointed, for the term of offi ce specifi ed in that Column, as members of the trust board for the reserve trust specifi ed opposite thereto in Column 2, which has been established and appointed as trustee of the reserve referred to opposite thereto in Column 3 of the Schedules. TONY KELLY, M.L.C., Minister for Lands

SCHEDULE 1 Column 1 Column 2 Column 3 Roger Etherden TUCKER Anglican Cemetery Trust, Necropolis The Anglican portions of the Rookwood Albert John HOUSTON Necropolis dedicated 7 April 1868 and Warwick Victor SINCLAIR 2 December 1887. (D500912) Robyn HAWES Harley Owen TARRANT Rodney John McDOUGALL Belinda Mary HOWELL Term of Ofﬁ ce: For a period commencing 1 July 2009 and expiring 30 June 2014. File No.: MN88 R 56

SCHEDULE 2 Column 1 Column 2 Column 3 John Frederick DONOVAN Independent Cemetery Trust, The Independent portions of the David Leonard GRAY Necropolis Rookwood Necropolis dedicated 7 April Peter Brian KILKEARY 1868 and 2 December 1887. (D500906) Samuel Martin SIMPFENDORFER John GRILLIS Barbara Mary HARDER Thomas John Robert AIKEN Term of Ofﬁ ce: For a period commencing 1 July 2009 and expiring 30 June 2014. File No.: MN84 R 76

SCHEDULE 3 Column 1 Column 2 Column 3 Peter John FOSS General Cemetery Trust, Necropolis The General portions of the Rookwood Roger Etherden TUCKER Necropolis dedicated 7 April 1868 and Albert John HOUSTON 2 December 1887. (D500913) Harley Owen TARRANT Robyn HAWES Warwick Victor SINCLAIR Rodney John McDOUGALL Term of Ofﬁ ce: For a period commencing 1 July 2009 and expiring 30 June 2014. File No.: MN91 R 22

SCHEDULE 4 Column 1 Column 2 Column 3 Jack Leonard FISHER Jewish Cemetery Trust, Necropolis The Jewish portions of the Rookwood Mildred TEITLER Necropolis dedicated 7 April 1868 and Jack HOLLANDER 2 December 1887. (D500903) Richard Abraham Samuel SEIDMAN Gary LUKE Susan Sophie KLEINER Term of Ofﬁ ce: For a period commencing 1 July 2009 and expiring 30 June 2014. File No.: MN84 R 89

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SCHEDULE 5 Column 1 Column 2 Column 3 Rami ABDALLAH Muslim Cemetery Trust, Necropolis The Muslim portions of the Rookwood Walid ANNOUS Necropolis dedicated 7 April 1868 and Mohammed A HELAL 2 December 1887. (D500904) Ahmad KAMALEDINE Majed KHEIR Adnan MERHI Wasim RAZA Ex-offi cio; the nominee of the Chairperson of the Community Relations Commission, presently Hakan HARMAN. Ex-offi cio; the nominee of the Sydney Turkish Islamic Funeral Service, presently Ergun GENEL. Ex-offi cio; the nominee of the Al Zahra Muslim Association, presently Ahmad HUSSEIN. Ex-offi cio; the nominee of the Lebanese Moslem Association, presently Shawky KASSIR. Term of Offi ce: For a period commencing 1 July 2009 and expiring 30 June 2014. File No.: MN87 R 41

SCHEDULE 6 Column 1 Column 2 Column 3 John Gordon DESMOND Rookwood Necropolis Trust Those parts of the Rookwood Necropolis Mary Rose THORNE dedicated 7 April 1868 and 2 December Derek Alexander SINCLAIR 1887 for which no reserve trust was Ex-offi cio; the person for the time appointed immediately before 1 July being occupying the offi ce of 2009. Regional Manager, Sydney, Crown Lands Division, Department of Lands. Ex-offi cio; the person for the time being occupying the offi ce of Senior Heritage Offi cer (Archaeology) Heritage Branch, Department of Planning. Term of Offi ce: For a period commencing 1 July 2009 and expiring 30 June 2014. File No.: MN05 R 24

APPOINTMENT OF MULTIPLE TRUST MANAGERS OF A RESERVE TRUST PURSUANT to section 92 (6B) of the Crown Lands Act 1989, the boards specifi ed in Column 1 of the Schedules hereunder are appointed as reserve trust managers for the reserve trust specifi ed in Column 2 which has been established and appointed as trustee of the reserve referred opposite thereto in Column 3 of the Schedules for the particular functions as determined by the Ministerial direction of 25 June 2009 on fi le ODG09/470; DOC09/36027. TONY KELLY, M.L.C., Minister for Lands

SCHEDULE 1 Column 1 Column 2 Column 3 Catholic Cemeteries Board Catholic Metropolitan Cemeteries The Catholic portions of the Rookwood Rookwood Necropolis Trust Board Trust Necropolis dedicated 7 April 1868 and 2 December 1887. (D500905)

NEW SOUTH WALES GOVERNMENT GAZETTE No. 98 3852 SPECIAL SUPPLEMENT 1 July 2009

SCHEDULE 2 Column 1 Column 2 Column 3 Anglican Cemetery Trust Board Anglican Cemetery Trust, Necropolis The Anglican portions of the Rookwood Rookwood Necropolis Trust Board Necropolis dedicated 7 April 1868 and 2 December 1887. (D500912)

SCHEDULE 3 Column 1 Column 2 Column 3 Independent Cemetery Trust Board Independent Cemetery Trust, The Independent portions of the Rookwood Necropolis Trust Board Necropolis Rookwood Necropolis dedicated 7 April 1868 and 2 December 1887. (D500906)

SCHEDULE 4 Column 1 Column 2 Column 3 General Cemetery Trust Board General Cemetery Trust, Necropolis The General portions of the Rookwood Rookwood Necropolis Trust Board Necropolis dedicated 7 April 1868 and 2 December 1887. (D500913)

SCHEDULE 5 Column 1 Column 2 Column 3 Jewish Cemetery Trust Board Jewish Cemetery Trust, Necropolis The Jewish portions of the Rookwood Rookwood Necropolis Trust Board Necropolis dedicated 7 April 1868 and 2 December 1887. (D500903)

SCHEDULE 6 Column 1 Column 2 Column 3 Muslim Cemetery Trust Board Muslim Cemetery Trust, Necropolis The Muslim portions of the Rookwood Rookwood Necropolis Trust Board Necropolis dedicated 7 April 1868 and 2 December 1887. (D500904) File No.: MN87 R 34

NEW SOUTH WALES GOVERNMENT GAZETTE No. 98 1 July 2009 SPECIAL SUPPLEMENT 3853

New South Wales

Health Services Amendment (STARTTS) Order 2009

under the Health Services Act 1997

MARIE BASHIR, Governor , Governor I, Professor Marie Bashir AC, CVO, Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of section 62 (2) of the Health Services Act 1997, make the following Order. Dated, this 27th day of May 2009.

By Her Excellency’s Command,

JOHN DELLA BOSCA, M.L.C., Minister for Health Explanatory note The object of this Order is to provide that the NSW Service for the Treatment and Rehabilitation of Torture and Trauma Survivors (STARTTS) is an affiliated health organisation for the purposes of the Health Services Act 1997. This Order is made under section 62 (2) of the Health Services Act 1997.

s2009-120-36.d03 Page 1

NEW SOUTH WALES GOVERNMENT GAZETTE No. 98 3854 SPECIAL SUPPLEMENT 1 July 2009

Clause 1 Health Services Amendment (STARTTS) Order 2009

Health Services Amendment (STARTTS) Order 2009 under the Health Services Act 1997

1 Name of Order This Order is the Health Services Amendment (STARTTS) Order 2009.

2 Commencement This Order commences on the day on which it is published in the Gazette.

3 Amendment of Health Services Act 1997 No 154 Schedule 3 Affiliated health organisations Insert in alphabetical order in Columns 1 and 2 respectively:

NSW Service for the Treatment and NSW Service for the Treatment and Rehabilitation of Torture and Trauma Rehabilitation of Torture and Trauma Survivors (STARTTS) Survivors (STARTTS)

Page 2

NEW SOUTH WALES GOVERNMENT GAZETTE No. 98 1 July 2009 SPECIAL SUPPLEMENT 3855

WATER MANAGEMENT ACT 2000 Order under section 324 (1) TEMPORARY WATER RESTRICTIONS (Carry Over) Murrumbidgee Regulated River Water Source I, David Harriss, as delegate of the Minister for Water, do, by this Order, repeal the Order made under section 324 (1) of the Water Management Act 2000 for the Murrumbidgee Regulated River Water Source (as deﬁ ned in the Water Sharing Plan for the Murrumbidgee Regulated River Water Source 2003) published in the New South Wales Government Gazette on 26 June 2009, No. 95 at page 3800. This Order takes effect on 1 July 2009. This Order is not intended to affect the operation of any other order made under section 324 of the Water Management Act 2000 for the Murrumbidgee Regulated River Water Source that is capable of operating concurrently with this Order. Signed at Sydney this 30th day of June 2009. DAVID HARRISS, Deputy Director-General, Department of Water and Energy Signed for the Minister for Water (by delegation)

WATER MANAGEMENT ACT 2000 Order under section 324 (1) TEMPORARY WATER RESTRICTIONS (Carry Over) New South Wales Murray Regulated River Water Source I, David Harriss, as delegate of the Minister for Water, do, by this Order, repeal the Order made under section 324 (1) of the Water Management Act 2000 for the New South Wales Murray Regulated River Water Source (as deﬁ ned in the Water Sharing Plan for the New South Wales Murray and Lower Darling Regulated Rivers Water Sources 2003) published in the New South Wales Government Gazette on 26 June 2009, No. 95 at page 3799. This Order takes effect on 1 July 2009. This Order is not intended to affect the operation of any other order made under section 324 of the Water Management Act 2000 for the New South Wales Murray Regulated River Water Source that is capable of operating concurrently with this Order. Signed at Sydney this 30th day of June 2009. DAVID HARRISS, Deputy Director-General, Department of Water and Energy Signed for the Minister for Water (by delegation)

NEW SOUTH WALES GOVERNMENT GAZETTE No. 98 3856 SPECIAL SUPPLEMENT 1 July 2009

WORKERS COMPENSATION (PUBLIC HOSPITAL RATES) ORDER 2009 under the Workers Compensation Act 1987 I, JON BLACKWELL, Chief Executive Offi cer of the WorkCover Authority of New South Wales, pursuant to section 62 (1) of the Workers Compensation Act 1987 and with the concurrence of the Minister for Health under section 62 (8), make the following Order. Dated this 25th day of June 2009. JON BLACKWELL, Chief Executive Offi cer, WorkCover Authority 1. Name of Order This Order is the Workers Compensation (Public Hospital Rates) Order 2009. 2. Commencement This Order commences on 1 July 2009. 3. Application of Order (1) This Order applies to the hospital treatment of a worker at a public hospital, being treatment or service of a type referred to in clauses 5 to 10 and provided on or after the date of commencement of this Order, whether the treatment relates to an injury that is received before, on or after that date. (2) This order does not apply to hospital treatment (excluding Visiting Medical Offi cer and Salaried Medical Offi cer services) provided to a worker whose injury has been sustained as a result of a motor vehicle accident in New South Wales. Fees for Visiting Medical Offi cer and Salaried Medical Offi cer services are contained in the relevant WorkCover medical services fees order. (3) Any previous Order of WorkCover in force under section 62 of the Act continues to apply except to the extent that it is inconsistent with this Order. (4) Any order of the Director-General of the Department of Health relating to the classifi cation of hospitals made for the purposes of clause 5 of this Order or any previous Order under section 62 of the Act has effect, subject to any amendment of it made by any subsequent order of the Director-General of the Department of Health. (5) Any order relating to the classifi cation of hospitals made for the purposes of clause 5 of this Order may provide that a hospital is not a public hospital of a particular type in respect of treatment provided to a specifi ed class of patient. 4. Definitions (1) In this Order: classifi cation refers to a classifi cation of hospital, category of patient or otherwise (or any combination of them), appearing in Column 1 of the Tables to clauses 5 to 8 of this Order. the Act means the Workers Compensation Act 1987. WorkCover means the WorkCover Authority of New South Wales. (2) A reference to treatment or services in this Order is (consistent with the defi nition of “hospital treatment” in section 59 of the Act) a reference to treatment or services provided at a public hospital or at any rehabilitation centre conducted by such a hospital. 5. Fees for hospital patient services generally (1) The amount for which an employer is liable under the Act for hospital treatment of a worker, being treatment provided to a worker within a classifi cation specifi ed in Column 1 of the Table to this clause is: (a) in the case of inpatient services, for each day (or part of a day) that the worker is a patient of the hospital, or (b) in the case of outpatient services, for each occasion of service, the corresponding amount specifi ed in Column 2 of that Table. (2) This clause does not apply to hospital treatment of a type referred to in clauses 6 to 8 of this Order. (3) In this clause and the Table to this clause: critical care, in relation to a patient, has the same meaning as it has in the “NSW Department of Health – Department of Health Reporting System (DOHRS)” issued by the Department of Health in June 2000 or in any subsequent revision of that document issued by that Department. metropolitan (non-referral) hospital means a public hospital classifi ed as a metropolitan (non-referral) hospital in an order published in the Gazette by the Director-General of the Department of Health. metropolitan (referral) hospital means a public hospital classifi ed as a metropolitan (referral) hospital in an order published in the Gazette by the Director-General of the Department of Health. non-metropolitan hospital means a public hospital classifi ed as a non-metropolitan hospital in an order published in the Gazette by the Director-General of the Department of Health.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 98 1 July 2009 SPECIAL SUPPLEMENT 3857

other public hospital means a public hospital other than a metropolitan (non-referral) hospital, a metropolitan (referral) hospital, a non-metropolitan hospital or a psychiatric hospital. outpatient means a patient who does not undergo a formal admission process. psychiatric hospital means a public hospital classifi ed as a psychiatric hospital in an order published in the Gazette by the Director-General of the Department of Health. public hospital means a public hospital within the meaning of section 59 of the Act. Table Fees for hospital patient services generally Column 1 Column 2 Hospital classifi cation Amount ($) (1) Metropolitan (referral) hospital: (a) Critical care 2270 per day (b) Other 915 per day (c) Outpatient occasion of service (excluding physiotherapy) 105 or the maximum amount payable under the relevant WorkCover practitioner fees order (2) Metropolitan (non-referral) hospital: (a) Critical care 1,320 per day (b) Other 685 per day (c) Outpatient occasion of service (excluding physiotherapy) 80 or the maximum amount payable under the relevant WorkCover practitioner fees order (3) Non-metropolitan hospital: (a) Critical care 1,045 per day (b) Other 635 per day (c) Outpatient occasion of service (excluding physiotherapy) 70 or the maximum amount payable under the relevant WorkCover practitioner fees order (4) Psychiatric hospital: (a) Inpatient 385 per day (b) Outpatient occasion of service (excluding physiotherapy) 70 or the maximum amount payable under the relevant WorkCover practitioner fees order (5) Other public hospital: (a) Inpatient 215 per day (b) Outpatient occasion of service (excluding physiotherapy) 70 or the maximum amount payable under the relevant WorkCover practitioner fees order 6. Fees for brain injury rehabilitation services (1) The amount for which an employer is liable under the Act for hospital treatment of a worker, being brain injury rehabilitation services within a classifi cation specifi ed in Column 1 of the Table to this clause, is the corresponding amount specifi ed in Column 2 of that Table. (2) This clause does not apply to hospital treatment of a type referred to in clause 5, 7 or 8 of this Order. (3) In this clause and the Table to this clause: Category A patient means a patient being assessed for or receiving active rehabilitation. Category B patient means a patient receiving personal and nursing support who is resident in a brain injury program unit. Category X patient means a patient needing an extremely high level of support. metropolitan (non-referral) hospital means a public hospital classifi ed as a metropolitan (non-referral) hospital in an order published in the Gazette by the Director-General of the Department of Health. outpatient means a patient who does not undergo a formal admission process.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 98 3858 SPECIAL SUPPLEMENT 1 July 2009

Table Fees for brain injury rehabilitation services Column 1 Column 2 Item/Hospital classifi cation Amount ($) (1) Admitted patient services: (a) Category A patient 960 per day (b) Category B patient 615 per day (c) Category X patient 1,356 per day (2) Metropolitan (non-referral) hospital: (a) Category A patient 685 per day (b) Category B patient 340 per day (3) Non-admitted patient services 65 per half hour (4) Outpatient medical clinic appointments (a) Medical consultation – initial assessment 225 (b) Medical consultation – follow-up assessment 115 (5) Group activities (a) directly supervised by qualifi ed allied health clinician 40 per half hour (b) not directly supervised by qualifi ed allied health clinician 30 per half hour 7. Fees for spinal injury rehabilitation services (1) Spinal injury rehabilitation rates apply to services provided at Royal Rehabilitation Centre Sydney. (2) The rate for inpatient spinal injury rehabilitation services is that which applies for hospital patients in the metropolitan non-referral classifi cation, that is $685 per day. (3) The rate for outpatient/outreach spinal injury rehabilitation services is that which applies for Brain Injury Program non-inpatient services/outreach rate, that is, $65 per half hour or part thereof. 8. Fee amount payable for physiotherapy outpatient services (1) The amount for which an employer is liable under the Act for hospital treatment of a worker, being physiotherapy services provided to the worker as an outpatient is according to the relevant Workers Compensation (Physiotherapy Fees) Order (Schedule B) in effect at the time. 9. Charges for health records and medical reports (1) In this clause a health record means a document account, whether in hard or electronic form, of a workers health, illness and treatment during each visit or stay at a health service. (2) In relation to Categories A, B and C below the amount for which an employer is liable under the Act for charges within a Description specifi ed in a Table to this clause is the corresponding amount specifi ed in Column A of that Table. (3) In relation to Category D below the amount for which an employer is liable under the Act for charges for health records required to be produced by subpoena within a Description specifi ed in the Table to Category D, is the corresponding amount specifi ed in Column A of that Table. (4) The following are charges for health records and medical reports and are to apply except where rates are otherwise provided under specifi c legislation. A – Charges for medical/clinical reports Table Charges for medical reports Description Column A (1) Preparation of a medical report by a medical practitioner appointed to or employed by the health institution/hospital requiring no further examination of the patient. This applies to the treating medical practitioner or a medical practitioner who has not previously treated the patient. $260 (2) A report made by a treating medical practitioner appointed to or employed by the health institution/hospital where a re-examination of the patient is required. The fee includes the cost of examination. $370 (3) A report made by a medical practitioner appointed to or employed by the health institution/hospital who has not previously treated the patient where an examination is required. The fee includes the cost of examination. $670 (4) Preparation of a report by an allied health professional, other than a medical practitioner, appointed to or employed by the health institution/hospital $260

NEW SOUTH WALES GOVERNMENT GAZETTE No. 98 1 July 2009 SPECIAL SUPPLEMENT 3859

Category B – Other charges 1(a) Charges for clinical notes requested by an injured worker or a person acting on behalf of the injured worker An injured worker may apply for access to their own personal health information held by a public health organisation, by contacting the medical records department for that organisation. In addition, the Freedom of Information Act 1988 and the Health Records and Information Privacy Act 2002 provide statutory rights for individuals to apply for access to information held about them. These laws allow other persons to apply for access to an injured worker’s personal health information on behalf of the injured worker and with their consent, such as a solicitor, interpreter or employer. Alternatively where the injured worker lacks capacity to consent or is deceased a person who is the authorised representative of the injured worker can apply for access to the injured worker’s health information. Copies of clinical notes supplied in response to a request may typically include, as a minimum: patient registration/ front sheet, consent to treatment, discharge summary, referral/transfer letters, ambulance report, continuation notes, operation reports (including anaesthetists’ and nursing reports), radiology and pathology reports, and nursing care plans. Where additional information is held by a hospital but not routinely released, the person making the request should be made aware that such additional information exists but has not been supplied. A further request for such additional information should be considered as forming part of the original request and no additional charge (other than photocopying, where appropriate) should be raised. 1(b) Charges for information requested by an insurer Health facilities should not provide clinical notes or photocopies of notes to the insurer, but may supply a “Medical Report” or “Summary of Injuries” (Category A or C) if provided with a Statutory Declaration signed by the claimant or a declaration signed by the claimant on the Workers Compensation Claim Form. Such reports should only provide information relevant to the claim. This will necessitate the insurer detailing the nature of the claim. Health facilities will be required to exercise their judgment in determining what is relevant information. If clinical notes, or part of the clinical notes, are requested by an insurer, the insurer should be requested to provide written consent from the patient stating that the patient: • agrees to allow the insurer to have a copy of all or part of the clinical notes, and • the patient is aware that clinical notes, or part of the clinical notes, will inevitably include conﬁ dential medical information which is irrelevant to the claim. In the absence of clearly documented written consent, as detailed above, hospitals are not required to provide clinical notes to insurers. Charges in respect of paragraphs 1(a) and 1(b) above The charge applicable in respect of paragraphs 1(a) and 1(b) (except requests under FOI), which includes search fees, photocopying charges, labour costs, administrative charges and postage, is as follows: Description Column A Provision of a copy of the medical record, or part thereof, eg continuation notes, pathology reports, charts. Maximum eighty pages $30 Pages in excess of eighty (per page) $0.35 2 Search fees – other than requests made by a party concerned with a patient’s continued treatment or future management. The search fee should be charged: • for searching for the medical record, irrespective of whether the medical record is found. If however, the Patient Master Index (PMI) or other indexes showed that the patient was treated in that health institution but the record cannot be found because it has been destroyed, misplaced or lost, the fees should be refunded in full; • where the applicant subsequently advises that a report/record is no longer required, or where a thorough search has ascertained that the patient has never attended that health institution for that particular episode of illness; • for information on date or time of birth, including requests from the registry of Births deaths and marriages in relation to enquiries on hospitals to verify birth details; • for Motor Accident and WorkCover medical certiﬁ cates completed at other than time of consultation; • NOTE – The search fee is a component of the fees charged for the preparation of reports, summaries or the production of health records required by subpoena, ie additional fees should not be charged on top of those for the preparation of reports, summaries and the production of health records required by subpoena. The fee covers processing time which includes time for locating the information, decision-making and consultation where necessary.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 98 3860 SPECIAL SUPPLEMENT 1 July 2009

Table Charges for search fees Description Column A Search fees - other than requests made by a party concerned with a patient’s continued treatment or future management. $30 C – Summary of injuries A “Summary of Injuries” is generally requested by Compulsory Third Party Insurers for patients whose fees are covered by the Bulk Billing Agreement. The “Summary of Injuries” should include: • Identifying information (name, date of birth, medical record number) • Date of fi rst attendance, • Whether patient was admitted. If so, specify dates, • Positive fi ndings on examination, • Level of consciousness, if documented, • Diagnosis, if known. A standard form letter may be appropriate. If a discharge summary, or appropriate correspondence that provides this minimum information, is available at the time of the request, a copy of this may be suffi cient. Should further information be required, the appropriate report charge as specifi ed in Sections A or B should be raised. There is no requirement to provide the full clinical notes to third party insurers. The purpose of the “Summary of Injuries” in relation to the bulk-billing agreement is to establish that the admission occurred as a result of a motor vehicle accident. If the information contained in the “Summary of Injuries” is insuffi cient or unavailable and a medical practitioner (or other treating health professional, where appropriate) is required to prepare a report, charges for a medical report (or report by a treating health professional) should be raised. Health Information Managers should consult with the requesting solicitor/insurer/ other party to determine which is required before a fee is raised or report is prepared. Table Charges for preparation of “Summary of injuries” Description Column A Preparation and/or provision of “Summary of injuries” $30 Goods and Services Tax (GST) in relation to Sections A, B & C (above) Charges relating to categories A, B and C (above) are taxable supplies (ie subject to GST) unless deemed GST-free under the provisions of the Goods and Services Tax Act. The criteria to be followed by the Area Health Services/ Hospitals assess the GST status by applying certain tests. Where the service is determined as being ‘GST-free’ the rates as advised by this Order apply. Where the GST free tests are not satisfi ed the service is therefore a taxable supply (subject to GST) and the rates as advised in this Order are to be grossed-up by 10%. D – Health records required to be produced by subpoena This refers to the retrieval of all the information required by the schedule noted on the subpoena and forwarding it to Court. • Multiple requests on a subpoena should be charged on a fee-per-patient basis. • In a situation where no record is found, it is appropriate to raise a Search Fee for each record, particularly in situations where incorrect details are given or “blanket” subpoenas are issued and considerable time is spent in locating the record. However, if the PMI or other indexes shows that the patient was treated in that health institution but the record cannot be found because it has been destroyed, misplaced or lost, the search fee should not be charged. • Charges under this category are not subject to GST. Table Charges for health records required to be produced by subpoena Description Column A (1) Where at least 5 working days notice is given for the production of the record to Court $60* * plus a photocopying charge of $0.30 per page (2) Where less than 5 working days notice is given $90* * plus a photocopying charge of $0.30 per page

NEW SOUTH WALES GOVERNMENT GAZETTE No. 98 1 July 2009 SPECIAL SUPPLEMENT 3861

E – Administrative procedures 1. Policies and procedures regarding access to health records and disclosure of personal information should be made in accordance with the NSW Health Privacy Manual Version 2. 2. Applicants should be asked to put all requests in writing and to provide as much information as possible. A patient’s solicitor should include consent by the patient for access to personal records as detailed in the Information Privacy Code of Practice. 3. Where the original of a health institution’s health record leaves the institution (e.g. health records being tendered to a Court under subpoena), a copy of those records should generally be made beforehand and kept in the institution. Charges for photocopying should be charged at the appropriate per page rate. This charge does not apply to Coronial or Complaints Unit cases. 4. Charges should be collected in advance, where appropriate. For government departments, reimbursement may be sought subsequently from the relevant department or authority. Even where health records are required to be produced by subpoena, payment should still be sought in advance. It is emphasised that a hospital or organisation is expected to comply in due time with the requirements of a subpoena. Non-compliance may result in contempt of Court, which is punishable by fi ne or in certain cases imprisonment. 5. It may be decided that an examination of the patient (by either the treating medical practitioner or a medical practitioner who has not previously treated the patient) is required. Under such circumstances, the applicant should be asked to pay the balance of the money for the higher fee before proceeding with the request. 6. Fees collected are to be recorded as revenue in the General Fund. 7. Where there are disputes regarding fees or the amount of information, attempts should be made to resolve the matter between the parties involved. This would normally involve the Chief Health Information Manager and/or the General/Medical administration of the health facility. F – Circumstances under which a charge should not be raised 1. When the request has been made by a party concerned only with the patient’s continued treatment and/or future management, no charge should be raised (e.g. where a medical practitioner requests information from a health institution to assist him/her with that patient’s treatment); 2. The Fund Managers, or solicitors acting for the Fund Managers in such matters, in respect of claims for workers compensation for employees of Public Hospitals, Public Psychiatric Hospitals (former 5th Schedule hospitals), the NSW Ambulance Service and the NSW Department of Health. Health facilities should ensure that solicitors acting for GIO, EML or Allianz specify in writing this is the case. 3. Medical Services Committees of Inquiry established by the Commonwealth Government for purposes of detecting fraud and controlling over servicing; 4. The Department of Community Services or the Police in respect of children suspected of being abused, or of a parent of a child so suspected; 5. The completion of medical certifi cates at the time of consultation - no charge should be made as the forms for motor accident and WorkCover certifi cates are in the nature of a certifi cate and not a report. If not completed at the time of consultation, a search fee may be raised. G – Circumstances under which charges should be raised In all cases where the conditions in Section F have not been met including: 1. When medical reports/records are requested by individuals, solicitors, insurance companies, and government departments (with the exception of those indicated in Section F) for purposes other than the patient’s continued treatment or future management. 2. The Department of Veterans’ Affairs and the Department of Social Security for the purpose of pension/benefi ts assessment; 3. Interstate Health Authorities in respect of the eligibility of candidates for appointment to the relevant Public Service. 4. NSW Compulsory Third Party Insurers, in respect of a “Summary of Injuries”. (Refer to Section C). 5. Discharge summaries requested by health professionals not involved in the care or management of the patient (past, present or future). This includes health professionals employed by insurers. 6. Release of information under the Adoption Act 2000. Charges should be raised in accordance with Guideline GL2005_055 or any circular subsequently amending its provisions.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 98 3862 SPECIAL SUPPLEMENT 1 July 2009

Authorised to be printed ISSN 0155-6320 DENIS H. HELM, Government Printer.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 98 3863

Government Gazette OF THE STATE OF NEW SOUTH WALES Number 99 Friday, 3 July 2009 Published under authority by Government Advertising

LEGISLATION Online notification of the making of statutory instruments

Week beginning 22 June 2009 THE following instruments were officially notified on the NSW legislation website (www.legislation.nsw.gov.au) on the dates indicated:

Proclamations commencing Acts

Children (Criminal Proceedings) Amendment (Youth Conduct Orders) Act 2008 No 85 (2009-251) — published LW 26 June 2009 Children Legislation Amendment (Wood Inquiry Recommendations) Act 2009 No 13 (2009-252) — published LW 26 June 2009 Classification (Publications, Films and Computer Games) Enforcement Amendment (Advertising) Act 2008 No 76 (2009-289) — published LW 26 June 2009 Contaminated Land Management Amendment Act 2008 No 111 (2009-253) — published LW 26 June 2009 Environmental Planning and Assessment Amendment Act 2008 No 36 (2009-254) — published LW 26 June 2009 Environmental Planning and Assessment Amendment Act 2008 No 36 (2009-255) — published LW 26 June 2009 Gas Supply Amendment (Ombudsman Scheme) Act 2009 No 18 (2009-256) — published LW 26 June 2009 Greyhound Racing Act 2009 No 19 (2009-290) — published LW 26 June 2009 Harness Racing Act 2009 No 20 (2009-291) — published LW 26 June 2009 Motor Accidents Compensation Amendment Act 2009 No 26 (2009-257) — published LW 26 June 2009 Public Health (Tobacco) Act 2008 No 94 (2009-292) — published LW 26 June 2009 Racing Legislation Amendment Act 2009 No 21 (2009-293) — published LW 26 June 2009 Water Management Amendment Act 2008 No 73 (2009-258) — published LW 26 June 2009 3864 LEGISLATION 3 July 2009 Regulations and other statutory instruments

Births, Deaths and Marriages Registration Amendment (Fees) Regulation 2009 (2009-259) — published LW 26 June 2009 Charitable Fundraising Amendment (Exempt Religious Body or Organisation) Regulation 2009 (2009-260) — published LW 26 June 2009 Children (Criminal Proceedings) Amendment (Youth Conduct Orders) Regulation 2009 (2009-261) — published LW 26 June 2009 Civil Procedure Further Amendment (Fees) Regulation 2009 (2009-262) — published LW 26 June 2009 Competition Policy Reform (New South Wales) Amendment Regulation 2009 (2009-263) — published LW 26 June 2009 Contaminated Land Management Amendment Regulation 2009 (2009-264) — published LW 26 June 2009 Driving Instructors Amendment (Fees) Regulation 2009 (2009-265) — published LW 26 June 2009 Electricity Supply (General) Amendment (Energy Savings) Regulation 2009 (2009-266) — published LW 26 June 2009 Energy and Utilities Administration Amendment (Minimum Energy Performance Standards) Regulation 2009 (2009-267) — published LW 26 June 2009 Environmental Planning and Assessment Amendment (Plan Making) Regulation 2009 (2009-268) — published LW 26 June 2009 Environmental Planning and Assessment Amendment (Regional Panels) Regulation 2009 (2009-269) — published LW 26 June 2009 Fisheries Management (Aquaculture) Amendment Regulation 2009 (2009-270) — published LW 26 June 2009 Fisheries Management Legislation Amendment (Fees, Charges and Contributions) Regulation 2009 (2009-302) — published LW 26 June 2009 Food Amendment (Food Authority Maximum Amount and Application Fee) Regulation 2009 (2009-271) — published LW 26 June 2009 Industrial Relations (General) Amendment (Fees) Regulation 2009 (2009-272) — published LW 26 June 2009 Institute of Teachers Amendment (Miscellaneous) Regulation 2009 (2009-273) — published LW 26 June 2009 Land and Environment Court Rules (Amendment No 1) 2009 (2009-274) — published LW 26 June 2009 Photo Card Amendment (Fees and Penalty Notice Offences) Regulation 2009 (2009-275) — published LW 26 June 2009 Ports and Maritime Administration Amendment (Access Rules) Regulation 2009 (2009-276) — published LW 26 June 2009 Public Health (Tobacco) Regulation 2009 (2009-294) — published LW 26 June 2009 Road Transport (Driver Licensing) Amendment (Fees) Regulation 2009 (2009-277) — published LW 26 June 2009 Road Transport (Driver Licensing) Amendment (Speeding Offences) Regulation 2009 (2009-295) — published LW 26 June 2009 Road Transport (General) Amendment (Speeding Offences) Regulation 2009 (2009-296) — published LW 26 June 2009 Road Transport (Safety and Traffic Management) Amendment (Tow-away Charge) Regulation 2009 (2009-279) — published LW 26 June 2009

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3 July 2009 LEGISLATION 3865

Road Transport (Vehicle Registration) Amendment (Fees) Regulation 2009 (2009-280) — published LW 26 June 2009 Road Transport Legislation Amendment (Penalty Levels and Fees) Regulation 2009 (2009-278) — published LW 26 June 2009 Roads Amendment (Penalty Notice Offences) Regulation 2009 (2009-281) — published LW 26 June 2009 Smoke-free Environment Amendment Regulation 2009 (2009-297) — published LW 26 June 2009 Water Management (General) Amendment (Miscellaneous) Regulation 2009 (2009-282) — published LW 26 June 2009

Environmental Planning Instruments

Ballina Local Environmental Plan 1987 (Amendment No 110) (2009-286) — published LW 26 June 2009 Coffs Harbour City Local Environmental Plan 2000 (Amendment No 37) (2009-287) — published LW 26 June 2009 Coolah Local Environmental Plan 2000 (Amendment No 1) (2009-288) — published LW 26 June 2009 State Environmental Planning Policy (Major Projects) Amendment (Caritas) 2009 (2009-283) — published LW 26 June 2009 State Environmental Planning Policy (Major Projects) Amendment (Joint Regional Planning Panels) 2009 (2009-284) — published LW 26 June 2009 State Environmental Planning Policy (Repeal of REP Provisions) 2009 (2009-285) — published LW 26 June 2009

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3866 LEGISLATION 3 July 2009

Assents to Acts

ACTS OF PARLIAMENT ASSENTED TO Legislative Council Office Sydney 26 June 2009 IT is hereby notified, for general information, that Her Excellency the Governor has, in the name and on behalf of Her Majesty, this day assented to the undermentioned Act passed by the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, viz.: Act No. 42, 2009 - An Act to repeal the Rookwood Necropolis Act 1901 and to make consequential amendments to the Crown Lands Act 1989 and to other Acts and instruments. [Rookwood Necropolis Repeal Act 2009]. LYNN LOVELOCK, Clerk of the Parliaments

ACTS OF PARLIAMENT ASSENTED TO Legislative Assembly Office, Sydney 26 June 2009 IT is hereby notified, for general information, that Her Excellency the Governor has, in the name and on behalf of Her Majesty, this day assented to the undermentioned Acts passed by the Legislative Assembly and Legislative Council of New South Wales in Parliament assembled, viz.: Act No. 43 2009 – An Act to appropriate out of the Consolidated Fund sums for the recurrent services and capital works and services of the Government for the year 2009-10. [Appropriation Bill]. Act No. 44 2009 – An Act to appropriate out of the Consolidated Fund sums for the recurrent services and capital works and services of the Legislature for the year 2009-10. [Appropriation (Parliament) Bill]. Act No. 45 2009 – An Act to appropriate out of the Consolidated Fund sums for the recurrent services and capital works and services of certain offices for the year 2009-10. [Appropriation (Special Offices) Bill]. Act No. 46 2009 – An Act to amend certain State revenue legislation in connection with the Budget for the year 2009-2010. [State Revenue Legislation Amendment Bill]. Act No. 47 2009 – An Act to amend the Crimes (Administration of Sentences) Act 1999 in relation to the management of inmates. [Crimes (Administration of Sentences) Amendment Bill]. Act No. 48 2009 – An Act to amend the Casino Control Act 1992 to make further provision with respect to the casino established under that Act and the control of its operations; and for other purposes. [Casino Control Amendment Bill]. Act No. 49 2009 – An Act to constitute the NSW Trustee and Guardian; to confer on it functions as a trustee, executor or administrator and functions relating to the financial and other management of estates; to repeal the Public Trustee Act 1913 and the Protected Estates Act 1983; and for other purposes. [NSW Trustee and Guardian Bill]. Act No. 50 2009 – An Act to amend the Road Transport (Safety and Traffic Management) Act 1999 and certain other legislation to make further provision with respect to the detection of speeding offences by heavy vehicles and the detection of certain other traffic offences. [Road Transport Legislation Amendment (Traffic Offence Detection) Bill]. Act No. 51 2009 – An Act to make miscellaneous changes to certain State revenue and other legislation. [State Revenue Legislation Further Amendment Bill]. Act No. 52 2009 – An Act to facilitate public access to government information. [Government Information (Public Access) Bill]. Act No. 53 2009 – An Act to create the office of Information Commissioner; and for other purposes. [Government Information (Information Commissioner) Bill]. Act No. 54 2009 – An Act to amend various laws as a consequence of the enactment of the Government Information (Public Access) Act 2009; to repeal the Freedom of Information Act 1989; and for other purposes. [Government Information (Public Access) (Consequential Amendments and Repeal) Bill]. RUSSELL D. GROVE, PSM, Clerk of the Legislative Assembly

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3 July 2009 LEGISLATION 3867

Orders

New South Wales State Authorities Non-contributory Superannuation Amendment (Greyhound Racing NSW and Harness Racing NSW) Order 2009

under the State Authorities Non-contributory Superannuation Act 1987

MARIE BASHIR,, GovernorGovernor I, Professor Marie Bashir AC, CVO, Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of section 27 of the State Authorities Non-contributory Superannuation Act 1987, make the following Order. Dated, this 1st day of Julyday 2009. of 2009.

By Her Excellency’s Command,

JOSEPH TRIPODI, M.P., MinisterMinister forfor FinanceFinance Explanatory note On 1 July 2009, the Greyhound and Harness Racing Regulatory Authority is dissolved. The object of this Order is to amend Schedule 1 to the State Authorities Non-contributory Superannuation Act 1987 to add Greyhound Racing New South Wales and Harness Racing New South Wales to the employers listed in Part 1 of that Schedule, but only in respect of those employees who, immediately before 1 July 2009, were employees of the Greyhound and Harness Racing Regulatory Authority. The amendment ensures that those employees retain membership of the State Authorities Non-contributory Superannuation Scheme. This Order is made under section 27 of the State Authorities Non-contributory Superannuation Act 1987.

s2009-219-25.d07 Page 1

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 s2009-219-25/d07/s2009-219EXN.fm 19/6/09, 03:24 pm 3868 LEGISLATION 3 July 2009

State Authorities Non-contributory Superannuation Amendment Clause 1 (Greyhound Racing NSW and Harness Racing NSW) Order 2009

State Authorities Non-contributory Superannuation Amendment (Greyhound Racing NSW and Harness Racing NSW) Order 2009 under the State Authorities Non-contributory Superannuation Act 1987

1 Name of Order This Order is the State Authorities Non-contributory Superannuation Amendment (Greyhound Racing NSW and Harness Racing NSW) Order 2009.

2 Commencement This Order commences, or is taken to have commenced, on 1 July 2009.

3 Amendment of State Authorities Non-Contributory Superannuation Act 1987 No 212 Schedule 1 Employers Insert at the end of Part 1 of the Schedule: Greyhound Racing New South Wales (limited to persons who, immediately before 1 July 2009, were employees of the Greyhound and Harness Racing Regulatory Authority) Harness Racing New South Wales (limited to persons who, immediately before 1 July 2009, were employees of the Greyhound and Harness Racing Regulatory Authority)

Page 2

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 s2009-219-25/d07/s2009-219BOD.fm 19/6/09, 03:24 pm 3 July 2009 LEGISLATION 3869

New South Wales

State Authorities Superannuation Amendment (Greyhound Racing NSW and Harness Racing NSW) Order 2009

under the State Authorities Superannuation Act 1987

MARIE BASHIR,, GovernorGovernor I, Professor Marie Bashir AC, CVO, Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of section 46 of the State Authorities Superannuation Act 1987, make the following Order. Dated, this 1st day of Julyday 2009. of 2009.

By Her Excellency’s Command,

JOSEPH TRIPODI, M.P., MinisterMinister forfor FinanceFinance Explanatory note On 1 July 2009, the Greyhound and Harness Racing Regulatory Authority is dissolved. The object of this Order is to amend Schedule 1 to the State Authorities Superannuation Act 1987 to add Greyhound Racing New South Wales and Harness Racing New South Wales to the employers listed in Part 1 of that Schedule, but only in respect of those employees who, immediately before 1 July 2009, were employees of the Greyhound and Harness Racing Regulatory Authority. The amendment ensures that those employees retain membership of the State Authorities Superannuation Scheme. This Order is made under section 46 of the State Authorities Superannuation Act 1987.

s2009-220-25.d07 Page 1

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 C:\Docs\si\s2009-220\d07\s2009-220EXN.fm 19/6/09, 03:21 pm 3870 LEGISLATION 3 July 2009

State Authorities Superannuation Amendment (Greyhound Racing NSW Clause 1 and Harness Racing NSW) Order 2009

State Authorities Superannuation Amendment (Greyhound Racing NSW and Harness Racing NSW) Order 2009 under the State Authorities Superannuation Act 1987

1 Name of Order This Order is the State Authorities Superannuation Amendment (Greyhound Racing NSW and Harness Racing NSW) Order 2009.

2 Commencement This Order commences, or is taken to have commenced, on 1 July 2009.

3 Amendment of State Authorities Superannuation Act 1987 No 211 Schedule 1 Employers Insert at the end of Part 1 of the Schedule: Greyhound Racing New South Wales (limited to persons who, immediately before 1 July 2009, were employees of the Greyhound and Harness Racing Regulatory Authority) Harness Racing New South Wales (limited to persons who, immediately before 1 July 2009, were employees of the Greyhound and Harness Racing Regulatory Authority)

Page 2

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 C:\Docs\si\s2009-220\d07\s2009-220BOD.fm 19/6/09, 03:21 pm 3 July 2009 OFFICIAL NOTICES 3871 OFFICIAL NOTICES Appointments

CHARLES STURT UNIVERSITY ACT 1989 Her Excellency the Governor, with the advice of the Executive Council, pursuant to Schedule 1, section 8(1) of the Notifi cation of Appointment to the Council Sydney Cricket and Sports Ground Act 1978 has re-appointed I, Verity Firth, Minister for Education and Training, in Mr Rodney Cavalier AO as Chairperson. pursuance of sections 9(1)b) and 9(4) of the Charles Sturt KEVIN GREENE, M.P., University Act 1989, appoint the following persons as Minister for Gaming and Racing members of the Council of Charles Sturt University: Minister for Sport and Recreation • Ms Patricia Murphy - for a term of offi ce commencing on 1 April 2009 and expiring on 31 March 2013 • Mr Gerard Martin MP - for a term of offi ce commencing on 1 April 2009 and expiring on 31 March 2013 • The Hon Tony Catanzariti MLC - for a term of offi ce commencing on 1 July 2009 and expiring on 30 June 2013 VERITY FIRTH, M.P., Minister for Education and Training

SYDNEY CRICKET AND SPORTS GROUND ACT 1978 Appointment of Trustees HER Excellency the Governor, with the advice of the Executive Council, pursuant to section 6(1)(a) of the Sydney Cricket and Sports Ground Act 1978, has appointed the persons listed below as members of the Sydney Cricket and Sports Ground Trust for a term commencing on 14 July 2009 and terminating on 13 July 2013: Department of the Arts, Sport and Recreation Mr Rodney Mark Cavalier AO Mr Alan Belford Jones AO Mr Paul Howard Warren Mr John Anthony McCarthy QC Ms Kaye Schoﬁ eld Mr Anthony Francis Shepherd Mr Stephen Rodger Waugh

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3872 OFFICIAL NOTICES 3 July 2009 Department of Lands

ARMIDALE OFFICE 108 Faulkner Street (PO Box 199A), Armidale NSW 2350 Phone: (02) 6770 3100 Fax (02) 6771 5348

NOTIFICATION OF CLOSING OF ROAD IN pursuance of the provisions of the Roads Act 1993, the road hereunder described is closed and the land comprised therein ceases to be a public road and the rights of passage and access that previously existed in relation to the road are extinguished. On road closing, title to the land comprising the former public road vests in the body speciﬁ ed in the Schedule hereunder. TONY KELLY, M.L.C., Minister for Lands

Description Land District – Inverell; L.G.A. – Inverell Road Closed: Lot 1, DP 1136765 at Ashford, Parish Ashford, County Arrawatta. File No.: AE06 H 105. Schedule On closing, the land within Lot 1, DP 1136765 remains vested in the State of New South Wales as Crown Land.

Description Land District – Inverell; L.G.A. – Inverell Road Closed: Lot 1, DP 1138080 at Ashford, Parish Chapman, County Arrawatta. File No.: AE06 H 110. Schedule On closing, the land within Lot 1, DP 1138080 remains vested in the State of New South Wales as Crown Land.

Description Land District – Armidale; L.G.A. – Uralla Road Closed: Lot 12, DP 1140018 at Saumarez Ponds, Parish Elton, County Sandon. File No.: 07/2290. Schedule On closing, the land within Lot 12, DP 1140018 remains vested in the Uralla Shire Council as Operational Land.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3 July 2009 OFFICIAL NOTICES 3873

GOULBURN OFFICE 159 Auburn Street (PO Box 748), Goulburn NSW 2580 Phone: (02) 4824 3700 Fax: (02) 4822 4287

NOTIFICATION OF CLOSING OF A ROAD File No.: GB05 H 115:JK. IN pursuance of the provisions of the Roads Act 1993, the Note: On closing, the titles for the land in Lots 1, 2, 3 and 4, road hereunder described is closed and the land comprised DP 1138491 remain vested in the State of New South therein ceases to be public road and the rights of passage Wales as Crown Land. and access that previously existed in relation to the road are extinguished. Upon closing, title to the land comprising the SCHEDULE 3 former public road, vests in the body specifi ed hereunder. Description Tony Kelly, M.L.C., Minister for Lands Parish – Big Badja; County – Beresford; Land District – Cooma; L.G.A. – Cooma-Monaro Description Lots 1, 2 and 3, DP 1138820 (not being land under the Parish – Dolondundale; County – Dampier; Real Property Act). Land District – Cooma; L.G.A. – Cooma-Monaro Shire File No.: GB05 H 148:JK. Lot: 1 DP 1137220 (not being land under the Real Property Act). Note: On closing, the title for the land in Lots 1, 2 and 3, File No.: 09/04098.KW. DP 1138820 remains vested in the State of New South Wales as Crown Land. Notes: On closing, the title for the land in Lot 1, DP 1137220 remains vested in Cooma-Monaro Shire Council as SCHEDULE 4 operational land. In accordance with section 44 of the Roads Act 1993, Description the Crown consents to the land in Lot 1, DP 1137220 Parish – Wilkie; County – Harden; being vested in the Cooma-Monaro Shire Council Land District – Young; L.G.A. – Harden as operational land, to be given by the Council as compensation for other land acquired by the Council Lots 1 and 2, DP 1138878 (not being land under the Real for the purpose of the Roads Act. Property Act). File No.: GB05 H 193:JK. NOTIFICATION OF CLOSING OF A ROAD Note: On closing, the title for the land in Lots 1 and 2, DP IN pursuance of the provisions of the Roads Act 1993, the 1138878 remains vested in the State of New South roads hereunder described are closed and the lands comprised Wales as Crown Land. therein cease to be public roads and the rights of passage and access that previously existed in relation to the roads are SCHEDULE 5 extinguished. Upon closing, titles to the lands, comprising the former public roads, vests in the body specifi ed in the Description Schedules hereunder. Parish – Burra; County – Murray; TONY KELLY, M.L.C., Land District – Queanbeyan; Minister for Lands L.G.A. – Queanbeyan and Palerang SCHEDULE 1 Lot 1, DP 1136266 (not being land under the Real Property Act). Description Parish – Googong; County – Murray; File No.: 07/5630:JK. Land District – Queanbeyan; L.G.A. – Queanbeyan City Note: On closing, the title for the land in Lot 1, DP 1136266 Lot 1, DP 1138818 (not being land under the Real Property remains vested in the State of New South Wales as Act). Crown Land. File No.: GB01 H 359:JK. Note: On closing, the title for the land in Lot 1, DP 1138818 remains vested in the State of New South Wales as APPOINTMENT OF TRUST BOARD MEMBERS Crown Land. PURSUANT to section 93 of the Crown Lands Act 1989, the persons whose names are specifi ed in Column 1 of the SCHEDULE 2 Schedules hereunder, are appointed for the terms of offi ce Description specifi ed, as members of the trust board for the reserve trust specifi ed opposite thereto in Column 2, which has been Parish – Bunton; County – King; established and appointed as trustee of the reserve referred Land District – Crookwell; L.G.A. – Upper Lachlan to opposite thereto in Column 3 of the Schedules. Lots 1, 2, 3 and 4, DP 1138491 (not being land under the TONY KELLY, M.L.C., Real Property Act). Minister for Lands NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3874 OFFICIAL NOTICES 3 July 2009

SCHEDULE 1 SCHEDULE 5 Column 1 Column 2 Column 3 Column 1 Column 2 Column 3 Andrew Allan Bribbaree Reserve No.: 60242. The person for Young Dedication No.: 530011. JARROTT Showground Public Purpose: Showground, the time being Showground Public Purpose: Showground. (re-appointment), Trust. racecourse, and public holding the offi ce Trust. Notifi ed: 6 April 1895. William Maurice recreation. of President, File No.: GB80 R 181/6. WEST Notifi ed: 6 January 1928. Young Harness (re-appointment), File No.: GB80 R 182/6. Racing Club Inc. Brian Angus McNAIR (ex-offi cio member). (re-appointment), The person for the time Stephen HUNTER being holding the offi ce (re-appointment), of Councillor, Young John Edward SWEENEY Shire Council (re-appointment), (ex-offi cio member). Rodney DEBRITT The person for the time (new member). being holding the offi ce of Patron, Young Pastoral Term of Offi ce and Agricultural For a term commencing 17 July 2009 and expiring 16 July Association 2014. (ex-offi cio member). Olga PERKINS SCHEDULE 2 (new member), Colin GRIMSON Column 1 Column 2 Column 3 (new member), Graham JONES Towrang Reserve No.: 79119. John William Arthur DALY (new member), Stockade Trust. Public Purpose: Preservation (re-appointment), Darce CORSIE of graves. Raymond Paterson BLACKWOOD (new member). Notifi ed: 30 November 1956. (re-appointment), Patricia Emily FLETCHER Reserve No.: 79121. (re-appointment). Public Purpose: Memorial. Notifi ed: 30 November 1956. Term of Offi ce File No.: GB80 R 58/4. For a term commencing 1 October 2009 and expiring 30 September 2014. Term of Offi ce For a term commencing the date of this notice and expiring 18 December 2013. REVOCATION OF RESERVATION OF CROWN LAND SCHEDULE 3 PURSUANT to section 90 of the Crown Lands Act 1989, Column 1 Column 2 Column 3 the reservation of Crown Land specifi ed in Column 1 of Brian Joseph Taralga Golf Reserve No.: 1017409. the Schedule hereunder, is revoked to the extent specifi ed MOLONEY Course Reserve Public Purpose: Public opposite thereto in Column 2 of the Schedule. (new member). Trust. recreation. Notifi ed: 20 February 2009. TONY KELLY, M.L.C., File No.: 09/03119/1. Minister for Lands Term of Offi ce SCHEDULE For a term commencing the date of this notice and expiring 30 April 2014. Column 1 Column 2 Land District: Goulburn. The part being Lot 1, DP SCHEDULE 4 Local Government Area: 1141071 (closed road vide Column 1 Column 2 Column 3 Goulburn Mulwaree. gazette 4 October 1911, Locality: Brayton. Folio 5386), within Lot 14, Sarah Kathleen Bungendore Reserve No.: 91204. Reserve No.: 750053. DP 1123374, Parish Uringalla, DARMODY Rodeo and Public Purpose: Public (new member), Equestrian Sports recreation. Public Purpose: Future County Argyle, of an area of Graeme Peter and Recreation Notifi ed: 28 July 1978. public requirements. 9613 square metres and TAYLOR Ground Trust. File No.: GB82 R 13/2. Notifi ed: 29 June 2007. affected by pipeline easement. (re-appointment), File No.: 08/4514/1. Gregory James DARMODY Note: It is intended to sell the revoked part being closed (re-appointment), David John TAYLOR road to the adjoining land owner. (re-appointment). Term of Offi ce For a term commencing 20 August 2009 and expiring 19 August 2014.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3 July 2009 OFFICIAL NOTICES 3875

GRAFTON OFFICE 76 Victoria Street (Locked Bag 10), Grafton NSW 2460 Phone: (02) 6640 3400 Fax: (02) 6642 5375

ERRATUM NOTIFICATION OF CLOSING OF ROAD Land District – Bellingen; Council – Bellingen IN pursuance of the provisions of the Roads Act 1993, the road hereunder described is closed and the land comprised THE notification appearing in the New South Wales therein ceases to be a public road and the rights of passage Government Gazette of 26 June 2009, folio 3592, under the and access that previously existed in relation to the road are heading “Dissolution of Reserve Trust” in respect of trust, extinguished. On road closing, title to the land comprising in the note, replace “North Coast Accommodation Trust ” the former public road vests in the body specifi ed in the with, “Bellinger Heads Holiday Parks Trust”. Schedule hereunder. File No.: GF81 R 381/3. TONY KELLY, M.L.C., TONY KELLY, M.L.C., Minister for Lands Minister for Lands Description Land District – Grafton; L.G.A. – Clarence Valley ESTABLISHMENT OF RESERVE TRUST Road Closed: Lot 6, DP 1131026 at Stockyard Creek, PURSUANT to section 92 (1) of the Crown Lands Act 1989, Parish Chapman, County Clarence. the reserve trust specifi ed in Column 1 of the Schedule hereunder is established under the name stated in that Column File No.: 08/2229. and is appointed as trustee of the reserve specifi ed opposite Schedule thereto in Column 2 of the Schedule. On closing, the land within Lot 6, DP 1131026 remains TONY KELLY, M.L.C., vested in the State of New South Wales as Crown Land. Minister for Lands

SCHEDULE APPOINTMENT OF TRUST BOARD MEMBERS Column 1 Column 2 PURSUANT to section 93 of the Crown Lands Act 1989, Jamberoo Cemetery Reserve Dedication No. 1010050 the persons whose names are specifi ed in Column 1 of the Trust Public Purpose: Schedule hereunder, are appointed for the terms of offi ce General Cemetery specifi ed, as members of the trust board for the reserve trust Notifi ed: 11 October 1895 specifi ed opposite thereto in Column 2, which has been File Reference: NA99 R 22/1 established and appointed as trustee of the reserve referred to opposite thereto in Column 3 of the Schedule. APPOINTMENT OF CORPORATION TO MANAGE TONY KELLY, M.L.C., RESERVE TRUST Minister for Lands PURSUANT to section 95 of the Crown Lands Act 1989, SCHEDULE the corporation specified in Column 1 of the Schedule hereunder is appointed to manage the affairs of the reserve Column 1 Column 2 Column 3 trust specifi ed opposite thereto in Column 2, which is trustee Ian MURRAY Dorrobbee Grass Reserve No.: 58949. of the reserve referred to in Column 3 of the Schedule. (new member), Reserve Trust. Public Purpose: Public Jill Mary recreation. TONY KELLY, M.L.C., LEMESSURIER Notifi ed: 18 June 1926. Minister for Lands (re-appointment), Denis Bede MATTHEWS Reserve No.: 54361. SCHEDULE (re-appointment), Public Purpose: Quarantine. Robyn ANDREWS Notifi ed: 14 January 1921. Column 1 Column 2 Column 3 (re-appointment), File No.: GF03 R 26. Kiama Jamberoo Cemetery Dedication No. 1010050 Thomas Ralph WOODFORD Municipal Reserve Trust Public Purpose: (re-appointment). Council General Cemetery Notifi ed: 11 October 1895 Term of Offi ce File Ref.: NA99 R 22/1 For a term commencing the date of this notice and expiring 2 July 2014. For a term commencing the date of this notice

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3876 OFFICIAL NOTICES 3 July 2009

GRIFFITH OFFICE 2nd Floor, Griffith City Plaza, 120–130 Banna Avenue (PO Box 1030), Griffith NSW 2680 Phone: (02) 6960 3600 Fax: (02) 6962 5670

APPOINTMENT OF TRUST BOARD MEMBERS PURSUANT to section 93 of the Crown Lands Act 1989, the persons whose names are specifi ed in Column 1 of the Schedule hereunder, are appointed for the terms of offi ce specifi ed, as members of the trust board for the reserve trust specifi ed opposite thereto in Column 2, which has been established and appointed as trustee of the reserve referred to opposite thereto in Column 3 of the Schedule. TONY KELLY, M.L.C., Minister for Lands

SCHEDULE Column 1 Column 2 Column 3 Evan CLARKE Kikoira Public Reserve No.: 71567. (new member), Recreation Public Purpose: Public Philip Frederick (R71567) and recreation. HILL Kikoira Public Notifi ed: 29 June 1945. (re-appointment), Hall (R64091) Paul NORTHEY Reserve Trust. Reserve No.: 64091. (re-appointment). Public Purpose: Public hall. Notifi ed: 4 August 1933. File No.: GH89 R 131/3. Term of Offi ce For a term commencing the date of this notice and expiring 2 July 2014.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3 July 2009 OFFICIAL NOTICES 3877

MAITLAND OFFICE Corner Newcastle Road and Banks Street (PO Box 6), East Maitland NSW 2323 Phone: (02) 4937 9300 Fax: (02) 4934 2252

NOTIFICATION OF CLOSING OF ROAD SCHEDULE IN pursuance of the provisions of the Roads Act 1993, the Column 1 Column 2 Column 3 road hereunder described is closed and the land comprised Central Coast Terrigal Reserve No. 1018548 therein ceases to be a public road and the rights of passage Marine Discovery Community Public Purpose: and access that previously existed in relation to the road are Centre Inc (R1018548) Community Purposes, extinguished. Reserve Trust Tourist Facilities Facilities and Services TONY KELLY, M.L.C., Notifi ed: This day Minister for Lands File Reference: 09/5391 For a term commencing this day. Description Parish – Tyraman; County – Durham; NOTIFICATION OF CLOSING OF ROAD Land District – Maitland; Local Government Area – Dungog IN pursuance of the provisions of the Roads Act 1993, the road hereunder described is closed and the land comprised Road Closed: Lot 1, DP 1136613 at Lambs Valley. therein ceases to be a public road and the rights of passage File No.: MD05 H 130. and access that previously existed in relation to the road are extinguished. On road closing, title to the land comprising Note: On closing, the land within Lot 1, DP 1136613 will the former public road vests in the body specifi ed in the remain vested in the Crown as Crown Land. Schedule hereunder. TONY KELLY, M.L.C., ERRATUM Minister for Lands IN the notification appearing in the New South Wales Description Government Gazette of 29 May 2009 (Folio 2363), under the heading “Transfer of a Crown Road to a Council”, Parish of Parish – Wallarah; Kincumber, County of Northumberland, in the description County – Northumberland; “Lot 7, DP 873969” should be replaced with “Lot 7 DP Land District – Gosford; 876102”. Local Government Area – Lake Macquarie Road Closed: Lot 1, DP 1138514 at Swansea. ESTABLISHMENT OF RESERVE TRUST File Reference: 07/1124. PURSUANT to section 92 (1) of the Crown Lands Act 1989, Schedule the reserve trust specifi ed in Column 1 of the Schedule On closing, the land within Lot 1, DP 1138514 remains hereunder is established under the name stated in that Column vested in Lake Macquarie City Council as operational land for and is appointed as trustee of the reserve specifi ed opposite the purposes of the Local Government Act 1993. Council’s thereto in Column 2 of the Schedule. Reference: F2007/01050. TONY KELLY, M.L.C., Minister for Lands APPOINTMENT OF ADMINISTRATOR TO MANAGE A RESERVE TRUST SCHEDULE PURSUANT to section 117, Crown Lands Act 1989, the Column 1 Column 2 person specifi ed in Column 1 of the Schedules hereunder, Terrigal Community Reserve No. 1018548 is appointed as administrator for the term also specifi ed, of (R1018548) Reserve Trust Public Purpose: Community the reserve trust specifi ed opposite thereto in Column 2, Purposes, Tourist Facilities which is trustee of the reserve referred to in Column 3 of and Services the Schedules. Notifi ed: This Day TONY KELLY, M.L.C., File Reference: 09/5391 Minister for Lands

APPOINTMENT OF CORPORATION TO MANAGE SCHEDULE 1 RESERVE TRUST Column 1 Column 2 Column 3 PURSUANT to section 95 of the Crown Lands Act 1989, Wendy MENZ. Mangrove Reserve No.: 71118. the corporation specified in Column 1 of the Schedule Mountain Public Purpose: Public hereunder is appointed to manage the affairs of the reserve Recreation recreation. Reserve Trust. Notiﬁ ed: 24 December 1943. trust speciﬁ ed opposite thereto in Column 2, which is trustee File No.: MD96 R 15/1. of the reserve referred to in Column 3 of the Schedule. For a term commencing the date of this notice and expiring TONY KELLY, M.L.C., 1 January 2010. Minister for Lands NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3878 OFFICIAL NOTICES 3 July 2009

SCHEDULE 2 Column 1 Column 2 Column 3 Wendy MENZ. Mangrove Creek Reserve No.: 37386. Recreation Public Purpose: Public Reserve Trust. recreation. Notiﬁ ed: 12 March 1904. File No.: MD83 R 14/4. For a term commencing the date of this notice and expiring 1 January 2010.

MOREE OFFICE Frome Street (PO Box 388), Moree NSW 2400 Phone: (02) 6750 6400 Fax: (02) 6752 1707

NOTIFICATION OF CLOSING OF ROAD IN pursuance of the provisions of the Roads Act 1993, the road hereunder described is closed and the land comprised therein ceases to be public road and the rights of passage and access that previously existed in relation to the road is extinguished. TONY KELLY, M.L.C., Minister for Lands

Description Land District – Moree; Council – Moree Plains Shire; Parish – Limebon; County – Stapylton Road Closed: Lot 1 in DP 1140087. File No.: ME05 H 337. Note: On closing, the land within Lot 1 in DP 1140087 remains vested in the State of New South Wales as Crown Land.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3 July 2009 OFFICIAL NOTICES 3879

NOWRA OFFICE 5 O’Keefe Avenue (PO Box 309), Nowra NSW 2541 Phone: (02) 4428 9100 Fax: (02) 4421 2172

APPOINTMENT OF TRUST BOARD MEMBERS NOTIFICATION OF CLOSING OF ROAD PURSUANT to section 93 of the Crown Lands Act 1989, IN pursuance of the provisions of the Roads Act 1993, the the persons whose names are specifi ed in Column 1 of the road hereunder described is closed and the land comprised Schedule hereunder, are appointed for the terms of offi ce therein ceases to be public road and the rights of passage specifi ed, as members of the trust board for the reserve trust and access that previously existed in relation to the road is specifi ed opposite thereto in Column 2, which has been extinguished. On road closing, title to the land comprising established and appointed as trustee of the reserve referred the former public road vests in the body specifi ed in the to opposite thereto in Column 3 of the Schedule. Schedule hereunder. TONY KELLY, M.L.C., TONY KELLY, M.L.C., Minister for Lands Minister for Lands

SCHEDULE Description Column 1 Column 2 Column 3 Parish – Tanja; Graham Clifford Cobargo Dedication No.: 580107. ounty – Dampier; PARR Showground Public Purpose: Showground. Land District – Bega; (re-appointment), Trust. Notifi ed: 20 December 1887. Local Government Area – Bega Valley Richard File No.: NA80 R 173/6. TARLINTON Road Closed: Lot 1, DP 1138044 at Tanja. File Reference: (re-appointment), NA05 H 206. Margaret Patricia SALWAY (re-appointment), Parish – Termeil; Margaret Marie JESSOP County – St Vincent; (re-appointment), Land District – Nowra; Gregory Laurence HOLLAND Local Government Area – Shoalhaven (re-appointment), Road Closed: Lot 1, DP 1139435 at Termeil. File Beryl Jean SCHAEFER (re-appointment), Reference: 07/6101. Anthony John ALLEN Parish – Ulladulla; (re-appointment). County – St Vincent; Term of Offi ce Land District – Nowra; For a term commencing 19 July 2009 and expiring 18 July Local Government Area – Shoalhaven 2014. Road Closed: Lot 1, DP 1138810 at Ulladulla, subject to easement for Right of Carriageway created by DP 1138810. File Reference: NA07 H 44. NOTICE OF INTENTION TO GRANT A LICENCE OVER A CROWN RESERVE Parish – Narooma; County – Dampier; PURSUANT to section 34A (2) (b) of the Crown Lands Land District – Moruya; Act 1989, it is notifi ed that the Minister for Lands intends Local Government Area – Eurobodalla to grant a licence for the purpose specifi ed in Column 1 of the Schedule to the party specifi ed in Column 2 of the Road Closed: Lot 1, DP 1138130 at Akolele. File Schedule in respect of the Reserve specifi ed in Column 3 Reference: NA07 H 171 of the Schedule. Schedule TONY KELLY, M.L.C., Minister for Lands On closing, the lands remain vested in the State of New South Wales as Crown land. SCHEDULE 1 Column 1 Column 2 Column 3 Access Peter John FINUCAN Reserve No.: 1022 Public Purpose: Public Recreation Notifi ed: 14 November 1883 File Reference: 08/2842

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3880 OFFICIAL NOTICES 3 July 2009

ORANGE OFFICE 92 Kite Street (PO Box 2146), Orange NSW 2800 Phone: (02) 6391 4300 Fax: (02) 6362 3896

Description Land District – Cowra; L.G.A. – Cowra Road Closed: Lot 1, DP 1138408 at Cowra, Parish Merriganowry, County Forbes. File No.: CL/00072. Schedule On closing, the land within Lot 1, DP 1138408 remains vested in the State of New South Wales as Crown Land.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3 July 2009 OFFICIAL NOTICES 3881

SYDNEY METROPOLITAN OFFICE Level 12, Macquarie Tower, 10 Valentine Avenue, Parramatta 2150 (PO Box 3935, Parramatta NSW 2124) Phone: (02) 8836 5300 Fax: (02) 8836 5365

NOTIFICATION OF CLOSING OF ROAD APPOINTMENT OF TRUST BOARD MEMBERS IN pursuance of the provisions of the Roads Act 1993, the PURSUANT to section 93 of the Crown Lands Act 1989, roads hereunder specifi ed are closed and the roads cease to the persons whose names are specifi ed in Column 1 of the be public roads and the rights of passage and access that Schedule hereunder, are appointed for the terms of offi ce previously existed in relation to the roads are extinguished. specifi ed, as members of the trust board for the reserve trust specifi ed opposite thereto in Column 2, which has been TONY KELLY, M.L.C., established and appointed as trustee of the reserves referred Minister For Lands to opposite thereto in Column 3 of the Schedule. Description TONY KELLY, M.L.C., Minister for Lands Land District – Metropolitan; L.G.A. – Sutherland Lot 421, DP 1138461 at Gymea Bay, Parish Sutherland, SCHEDULE County Cumberland. Column 1 Column 2 Column 3 File No.: MN05 H 83. John Francis Botany General Area at Matraville, dedicated WALKER Cemetery and for the public purpose of Note: On closing, title for the land in Lot 421 remains vested (re-appointment), Eastern Suburbs general cemetery in the New in Sutherland Shire Council as operational land. Russell Stuart Crematorium South Wales Government McLAY Trust. Gazettes of 10 January 1888, (re-appointment), 4 October 1968 (addn) and ADDITION TO RESERVED CROWN LAND Stelios COUDOUNARIS 29 January 1999 (addn) (re-appointment), (Dedication No. 500600) PURSUANT to section 88 of the Crown Lands Act 1989, the Aaron Ron GREENSTEIN and R66305 for the public Crown Land specifi ed in Column 1 of the Schedule hereunder, (re-appointment), purpose of cemetery is added to the reserved land specifi ed opposite thereto in John Douglas MORRISON (addition), notifi ed in the Column 2 of the Schedule. (re-appointment), New South Wales Elizabeth FITZSIMMONS Government Gazette of TONY KELLY, M.L.C., (re-appointment), 9 October 1936 and R77444 Minister for Lands Rod NEVILLE for the public purpose of (re-appointment). cemetery (addition), notifi ed SCHEDULE in the New South Wales Government Gazettes of Column 1 Column 2 11 February 1955, Land District: Metropolitan. Reserve No.: 82928. 21 November 1969 (addn), Local Government Area: Public Purpose: Public 22 November 1996 (addn) City of Canada Bay Council. recreation. and 1 May 1998 (addn). Locality: Cabarita. Notifi ed: 25 November 1960. File No.: MN84 R 94. Lot 459, DP No. 752023, Lot 7029, DP No. 93783, Term of Offi ce Parish Concord, Parish Concord, County For a term commencing 19 July 2009 and expiring 18 County Cumberland. Cumberland. July 2014. Area: 1454 square metres. New Area: 1.748 hectares. File No.: MN80 H 2615.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3882 OFFICIAL NOTICES 3 July 2009

TAMWORTH OFFICE 25-27 Fitzroy Street (PO Box 535), Tamworth NSW 2340 Phone: (02) 6764 5100 Fax: (02) 6766 3805

NOTIFICATION OF CLOSING OF A ROAD Description IN pursuance to the provisions of the Roads Act 1993, the Locality – Goolhi; Land District – Gunnedah; road hereunder speciﬁ ed is closed and the land comprised L.G.A. – Warrumbungle therein ceases to be a public road and the rights of passage Road Closed: Lots 1-2 in Deposited Plan 1133485, Parish and access that previously existed in relation to the road are Brigalow, County Pottinger. extinguished. File No.: TH06 H 74. TONY KELLY, M.L.C., Minister for Lands Note: On closing, title to the land comprised in Lots 1 and 2 will remain vested in the State of New South Wales Description as Crown Land. Locality – Kelvin; Land District – Gunnedah; Description L.G.A. – Gunnedah Shire Localities – Yannergee and Coomoo Coomoo; Road Closed: Lots 1 and 2 in Deposited Plan 1138387, Land District – Gunnedah; L.G.A. – Gunnedah Shire Parishes Yarrari and Gunnenbeme, County Nandewar. Road Closed: Lots 1-5 in Deposited Plan 1138386, File No.: TH05 H 274. Parishes Pringle and Mema, County Pottinger. Note: On closing, title to the land comprised in Lots 1 and File No.: TH05 H 284. 2 will remain vested in the State of New South Wales as Crown Land. Note: On closing, title to the land comprised in Lots 1-5 will remain vested in the State of New South Wales Description as Crown Land. Locality – Emerald Hill; Land District – Gunnedah; L.G.A. – Gunnedah Road Closed: Lot 1 in Deposited Plan 1138403, Parish Dubbleda, County Pottinger. File No.: 07/0726. Note: On closing, title to the land comprised in Lot 1 will remain vested in the State of New South Wales as Crown Land.

Description Localities – Boggabri and Willala; Land District – Gunnedah; L.G.A. – Gunnedah Shire Council and Narrabri Shire Council Road Closed: Lot 1 in Deposited Plan 1132322, Parish Walla Walla West, County Pottinger. File No.: TH06 H 54. Note: On closing, title to the land comprised in Lot 1 will remain vested in the State of New South Wales as Crown Land.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3 July 2009 OFFICIAL NOTICES 3883

TAREE OFFICE 98 Victoria Street (PO Box 440), Taree NSW 2430 Phone: (02) 6591 3500 Fax: (02) 6552 2816

APPOINTMENT OF MEMBERS OF LOCAL LAND SCHEDULE 1 BOARDS Parish – Queenslake; County – Macquarie; PURSUANT to the provisions of the Crown Lands Act 1989, Local Government Area – Port Macquarie Hastings Council; the undermentioned persons have been appointed as members Land District – Port Macquarie of the Local Land Board for the Land Districts particularised Crown public road being road between western boundary hereunder for the term 1 July 2009 to 30 June 2011. Lot 1, DP 386987 and eastern boundary Lot 106, DP TONY KELLY, M.L.C., 754444. Minister for Lands SCHEDULE 2 SCHEDULE Roads Authority: Port Macquarie Hastings Council. Member Land District File No.: TE03 H 108. William Alan RADFORD Gloucester Denver Mordaunt WEBB Gloucester NOTIFICATION OF CLOSING OF ROAD Julia Yvonne MARTIN Taree Douglas James Cowan DAVIDSON Taree IN pursuance of the provisions of the Roads Act 1993, the road hereunder described is closed and the land comprised Roderick Murgha MACK Port Macquarie therein ceases to be a public road and the rights of passage Desmond Peter DALEY Port Macquarie and access that previously existed in relation to the road are John Richard TRANT-FISCHER Kempsey extinguished. On road closing, title to the land comprising Rodney Jay HOLMES Bellingen the former public road vests in the body specifi ed in the Schedule hereunder. Philip Lester PARBERRY Bellingen John ADAMS Grafton TONY KELLY, M.L.C., Minister for Lands Unwin Gaine CARTMILL Grafton Peter Alexander CARLILL Casino Description Robert Dunbar LOWREY Casino Land District – Taree; L.G.A. – Great Lakes Selwyn Trevor BRYANT Lismore Road Closed: Lots 1-5, DP 1138418 at Bunyah, Parish James William SNEESBY Lismore Kyle, County Gloucester. John Kenny McDONALD Murwillumbah File No.: TE05 H 241. Maryn Joanne WAGSTAFF Murwillumbah Schedule ROADS ACT 1993 On closing, the land within Lots 1-5, DP 1138418 remains vested in the State of New South Wales as Crown Land. ORDER Transfer of Crown Road to a Council Description IN pursuant of the provisions of section 151, Roads Act 1993, Land District – Gloucester; L.G.A. – Gloucester the Crown road specifi ed in Schedule 1 are transferred to the Road Closed: Lot 1, DP 1138788 at Bowman, Parish roads authority specifi ed in Schedule 2 hereunder, as from Craven, County Gloucester. the date of publication of this notice and as from that date the road specifi ed in Schedule 1 cease to be a Crown road. File No.: TE05 H 251. TONY KELLY, M.L.C., Schedule Minister for Lands On closing, the land within Lot 1, DP 1138788 remains vested in the State of New South Wales as Crown Land. SCHEDULE 1 Parish – Queenslake; County – Macquarie; Description Local Government Area – Port Macquarie Hastings Council; Land District – Taree; L.G.A. – Greater Taree Land District – Port Macquarie Road Closed: Lot 1, DP 1137870 at Rainbow Flat, Parish Crown public road being road between western boundary Beryan, County Gloucester. Lot 1, DP 386987 and eastern boundary Lot 106, DP 754444. File No.: TE05 H 126. SCHEDULE 2 Schedule Roads Authority: Port Macquarie Hastings Council. On closing, the land within Lot 1, DP 1137870 remains vested in the State of New South Wales as Crown Land. File No.: TE03 H 108.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3884 OFFICIAL NOTICES 3 July 2009

WAGGA WAGGA OFFICE Corner Johnston and Tarcutta Streets (PO Box 60), Wagga Wagga NSW 2650 Phone: (02) 6937 2700 Fax: (02) 6921 1851

NOTIFICATION OF CLOSING OF A ROAD SCHEDULE 2 IN pursuance of the provisions of the Roads Act 1993, Column 1 Column 2 Column 3 the road hereunder specifi ed is closed, the road ceases to Robert PIPER Brungle Reserve No.: 7891. be a public road and the rights of passage and access that (re-appointment), Recreation Public Purpose: Public previously existed in relation to the road are extinguished. David John Reserve Trust. recreation. McGRUER Notifi ed: 8 December 1888. TONY KELLY, M.L.C., (re-appointment), File No.: WA82 R 98/1. Minister for Lands Kevin John ANNETTS (re-appointment). Description Term of Offi ce Parish – Woomahrigong; County – Wynyard; For a term commencing 19 July 2009 and expiring 18 July Land District – Wagga Wagga; City – Wagga Wagga 2014. Road Closed: Lot 1 in DP 1139511 at Gregadoo. SCHEDULE 3 File No.: WA05 H 501. Column 1 Column 2 Column 3 Note: On closing, the land within Lot 1 in DP 1139511 The person for Junee Dedication No.: 620056. remains vested in the State of New South Wales as the time being Showground Public Purpose: Public Crown Land. holding the offi ce Trust. recreation and showground. of Chairman, Notifi ed: 8 June 1934. Description Riverina Schoolboys File No.: WA80 R 122/3. Football Carnival Parishes – Buraja and Corowa; County – Hume; (ex-offi cio member), Land District – Albury; Shire – Corowa Martin St John HONNER Road Closed: Lot 1 in DP 1140122 at Lowesdale. (re-appointment), Patrick Lindsay FOLEY File No.: WA06 H 371. (re-appointment), Patrick Richard KEAST Note: On closing, the land within Lot 1 in DP 1140122 (re-appointment), remains vested in the State of New South Wales as Colin John RANDALL Crown Land. (re-appointment), Leslie Dalmain EISENHAUER (re-appointment), APPOINTMENT OF TRUST BOARD MEMBERS Allan George HARPLEY (re-appointment). PURSUANT to section 93 of the Crown Lands Act 1989, the persons whose names are specifi ed in Column 1 of the Term of Offi ce Schedules hereunder, are appointed for the terms of offi ce For a term commencing 19 July 2009 and expiring 18 July specifi ed, as members of the trust board for the reserve trust 2014. specifi ed opposite thereto in Column 2, which has been established and appointed as trustee of the reserve referred SCHEDULE 4 to opposite thereto in Column 3 of the Schedules. Column 1 Column 2 Column 3 TONY KELLY, M.L.C., Jill Elizabeth Book Book Reserve No.: 55051. Minister for Lands MIDDLETON Recreation Public Purpose: Public (new member), Reserve Trust. recreation. SCHEDULE 1 Trevor HOWARD Notifi ed: 23 December 1921. (re-appointment), File No.: WA79 R 8/2. Column 1 Column 2 Column 3 Peter Campbell LAWSON Adam Gregory Collingullie Dedication No.: 620050. (re-appointment). JENKINS Soldiers’ Public Purpose: War Memorial Term of Offi ce (re-appointment), Memorial Hall (hall site). Peter HULL Trust. Notifi ed: 18 October 1946. For a term commencing 19 July 2009 and expiring 18 July (re-appointment), File No.: WA80 R 171/2. 2014. John Barry MEYERS (re-appointment), Stuart DONALDSON ROADS ACT 1993 (re-appointment), Robert Douglas BRUCKNER ORDER (re-appointment). Transfer of Crown Road to a Council Term of Offi ce IN pursuance of the provisions of section 151, Roads Act For a term commencing 19 July 2009 and expiring 18 July 1993, the Crown public roads specifi ed in Schedule 1 are 2014. transferred to the Roads Authority specifi ed in Schedule 2

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3 July 2009 OFFICIAL NOTICES 3885 hereunder, as from the date of publication of this notice and RESERVATION OF CROWN LAND as from that date, the roads specifi ed in Schedule 1 cease to PURSUANT to section 87 of the Crown Lands Act 1989, the be Crown public road. Crown Land specifi ed in Column 1 of the Schedule hereunder, TONY KELLY, M.L.C., is reserved as specifi ed opposite thereto in Column 2 of the Minister for Lands Schedule. TONY KELLY, M.L.C., SCHEDULE 1 Minister for Lands Parishes – Kyeamba and Umutbee; County – Wynyard; Land District – Wagga Wagga; City – Wagga Wagga SCHEDULE Crown public road variable width described as Lot 6, DP Column 1 Column 2 1128283 and Lot 60, DP 1132211. Land District: Wagga Wagga. Reserve No.: 1019528. SCHEDULE 2 Local Government Area: Public Purpose of government Wagga Wagga City Council. purposes (public buildings). Roads Authority: Wagga Wagga City Council. Locality: Wagga Wagga. File No.: 09/2138. Lot: Lot 1, section 39, DP 759031. SCHEDULE 1 Parish: South Wagga Wagga. County: Wynyard. Parish – Murraguldrie; County – Wynyard; Area: About 5137 square metres. Land District – Wagga Wagga; City – Wagga Wagga File No.: 08/6426. Crown public road variable width described as Lot 11, DP 1120589. SCHEDULE 2 Roads Authority: Wagga Wagga City Council. File No.: 08/5088.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3886 OFFICIAL NOTICES 3 July 2009

WESTERN REGION OFFICE 45 Wingewarra Street (PO Box 1840), Dubbo NSW 2830 Phone: (02) 6883 5400 Fax: (02) 6884 2067

GRANTING OF A WESTERN LANDS LEASE IT is hereby notiﬁ ed that under the provisions of section 28A of the Western Lands Act 1901, the Western Lands Leases of the lands speciﬁ ed in the following Schedule have been granted to the undermentioned persons. The leases are subject to the provisions of the Western Lands Act 1901 and the Regulations thereunder. The land is to be used only for the purpose of Residence. Initial rent will be $100.00 per annum and re assessed thereafter annually on 1st April of each year. The Conditions and Reservations annexed to such leases are those Conditions published in the New South Wales Government Gazette of 25 May 2007, Folios 2974 – 2975. All amounts due and payable to the Crown must be paid to the Department of Lands by the due date. TONY KELLY, M.L.C., Minister for Lands

SCHEDULE Administrative District – Walgett North; Shire – Walgett; Parish – Wallangulla/Mebea; County – Finch

Folio Area Term of Lease WLL No. Name of Lessee File No. Identiﬁ er (m2) From To WLL 14565 Raino Juhani KINNUNEN WLL 14565 69/1057617 2218 29 June 2009 28 June 2029 WLL 14964 Steven John KENNEDY 07/4119 254/1076808 3507 29 June 2009 28 June 2029 WLL 15064 Lorraine Gai CLAYTON 08/0827 32/1057617 2284 29 June 2009 28 June 2029 WLL 16047 William Frederick WATSON 08/4182 3001/1123921 2588 29 June 2009 28 June 2029 WLL 16093 Stojanka PETKOVSKA and 08/5107 73/1120765 1822 29 June 2009 28 June 2029 Vesna KRSTIC WLL 16311 Josef KRKOSKA 09/01155 111/1120765 2646 29 June 2009 28 June 2029 WLL 16303 Neil MORRIS 09/01039 97/1120765 2478 29 June 2009 28 June 2029 WLL 16298 Marie WILDE 09/01038 373/1076808 2296 29 June 2009 28 June 2029 WLL 16144 Robert TIPPING 08/6068 124/1120765 2964 29 June 2009 28 June 2029 WLL 16237 Radosav ZURKIC 08/10013 142/1120765 1714 29 June 2009 28 June 2029 WLL 16302 Lyn KELLY 09/00865 38/1057617 2123 29 June 2009 28 June 2029 WLL 16283 Ivica John MATANOVIC 08/11559 406/1076808 1772 1 July 2009 30 June 2029

ADDITION TO A WESTERN LANDS LEASE Total Area Following Addition: Lot 1804, DP 764151; Lot 3557, DP 765909; Lot 4805, DP 769020; Lot 78, DP 752519, IT is hereby notiﬁ ed that in pursuance of section 35C of the Parish of Milparinka, County of Evelyn, of 29029 hectares Western Lands Act 1901, the land particularised hereunder (Folio Identiﬁ ers 1804/764151, 3557/765909, 4805/769020 has been added to the undermentioned Western Lands and 78/752519). Lease. Date of Addition: 29 Junee 2009. TONY KELLY, M.L.C., Administrative District: Milparinka. Minister for Lands Shire: Unincorporated Area. SCHEDULE Western Lands Lease No.: 6020. ERRATUM IN the notification appearing in the New South Wales Name of Lessee: William Luke KUERSCHENER. Government Gazette of 26 June 2009, Folio 3599, appearing Area Added: Lot 78, DP 752519, Parish of Milparinka, under the heading “Granting of a Western Lands Lease”, the County of Evelyn, of 4.047 hectares (Folio Identifier Name of Lessee of Western Lands Lease 16264 should read 78/752519). “Ljiljana TAKAC and Maria JAKUPEC”.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3 July 2009 OFFICIAL NOTICES 3887 Department of Primary Industries

DEPARTMENT OF MINERAL RESOURCES NOTICE is given that the following applications for renewal have been received: NOTICE is given that the following applications have been received: (07-6654) EXPLORATION LICENCE APPLICATIONS Exploration Licence No. 5337, NEWCASTLE COAL COMPANY PTY LTD (ACN 074 900 208), area of 2379 (T09-0117) hectares. Application for renewal received 30 June 2009. No. 3728, CULLEN EXPLORATION PTY LIMITED (ACN 077 371 165), area of 72 units, for Group 1, dated (07-4677) 22 June 2009. (Broken Hill Mining Division). Exploration Licence No. 5878, TRI ORIGIN MINERALS LTD (ACN 062 002 475), area of 16 units. Application for (T09-0118) renewal received 24 June 2009. No. 3729, CULLEN EXPLORATION PTY LIMITED (ACN 077 371 165), area of 96 units, for Group 1, dated (T01-0102) 22 June 2009. (Broken Hill Mining Division). Exploration Licence No. 5879, PERILYA BROKEN HILL LIMITED (ACN 099 761 289), area of 5 units. Application (T09-0119) for renewal received 26 June 2009. No. 3730, ALPHADALE PTY LIMITED (ACN 050 409 008), area of 40 units, for Group 1, dated 24 June 2009. (T01-0109) (Armidale Mining Division). Exploration Licence No. 5880, RIMFIRE PACIFIC MINING NL (ACN 006 911 744), area of 2 units. Application (T09-0120) for renewal received 26 June 2009. No. 3731, OZ EXPLORATION PTY LTD (ACN 137 626 914), area of 62 units, for Group 1, dated 24 June 2009. (T03-0040) (Cobar Mining Division). Exploration Licence No. 6102, GATEWAY MINING NL (ACN 008 402 391), area of 1 units. Application for renewal (T09-0121) received 26 June 2009. No. 3732, OZ EXPLORATION PTY LTD (ACN 137 626 914), area of 80 units, for Group 1, dated 24 June 2009. (T02-0412) (Cobar Mining Division). Exploration Licence No. 6104, DRONVISA PTY LIMITED (ACN 002 070 680), area of 2 units. Application (T09-0122) for renewal received 24 June 2009. No. 3733, OZ EXPLORATION PTY LTD (ACN 137 626 914), area of 39 units, for Group 1, dated 24 June 2009. (T02-0366) (Cobar Mining Division). Exploration Licence No. 6106, RIMFIRE PACIFIC (T09-0123) MINING NL (ACN 006 911 744), area of 69 units. Application for renewal received 26 June 2009. No. 3734, OZ EXPLORATION PTY LTD (ACN 137 626 914), area of 85 units, for Group 1, dated 24 June 2009. (T03-0059) (Cobar Mining Division). Exploration Licence No. 6111, LFB RESOURCES NL (T09-0124) (ACN 073 478 574), area of 13 units. Application for renewal No. 3735, OZ EXPLORATION PTY LTD (ACN 137 626 received 30 June 2009. 914), area of 146 units, for Group 1, dated 24 June 2009. (Orange Mining Division). (04-4117) Exploration Licence No. 6317, CENTENNIAL (T09-0125) MANDALONG PTY LIMITED (ACN 101 508 892), area No. 3736, OZ EXPLORATION PTY LTD (ACN 137 626 of 4466.5 hectares. Application for renewal received 26 June 914), area of 140 units, for Group 1, dated 24 June 2009. 2009. (Orange Mining Division). (05-2395) (T09-0126) Exploration Licence No. 6604, CURLEWIS COAL & No. 3737, OZ EXPLORATION PTY LTD (ACN 137 626 COKE PTY LIMITED (ACN 113 968 737), area of 1749 914), area of 121 units, for Group 1, dated 24 June 2009. hectares. Application for renewal received 24 June, 2009. (Orange Mining Division). (06-7082) (T09-0127) Exploration Licence No. 6845, TEMPLAR RESOURCES No. 3738, WEDDARLA PTY LTD (ACN 002 086 964), PTY LTD (ACN 085 644 944), area of 113 units. Application area of 40 units, for Group 1, dated 28 June 2009. (Cobar for renewal received 30 June 2009. Mining Division).

IAN MACDONALD, M.L.C., IAN MACDONALD, M.L.C., Minister for Mineral Resources Minister for Mineral Resources

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3888 OFFICIAL NOTICES 3 July 2009

RENEWAL OF CERTAIN AUTHORITIES term until 1 May 2011. Renewal effective on and from 23 June 2009. NOTICE is given that the following authorities have been renewed: (C02-0677) IAN MACDONALD, M.L.C., Authorisation No. 459, COAL AND ALLIED Minister for Mineral Resources OPERATIONS PTY LIMITED (ACN 000 023 656), County of Brisbane, Map Sheet (9033), area of 3320 hectares, for a further term until 8 April 2012. Renewal effective on and CANCELLATION OF AUTHORITIES AT REQUEST from 22 June 2009. OF HOLDERS (05-2170) NOTICE is given that the following authorities have been Exploration Licence No. 6023, ILUKA RESOURCES cancelled: LIMITED (ACN 008 675 018), County of Tara, Map Sheet (T02-0038) (7130), area of 26 units, for a further term until 17 November 2010. Renewal effective on and from 30 June 2009. Exploration Licence No. 5986, OMYA AUSTRALIA PTY LIMITED (ACN 001 682 533), County of Argyle, (04-0612) Map Sheet (8828), area of 5 units. Cancellation took effect Exploration Licence No. 6404, PLATSEARCH NL (ACN on 27 January 2009. 003 254 395), Counties of Farnell and Yancowinna, Map (05-5707) Sheet (7134), area of 99 units, for a further term until 19 April 2011. Renewal effective on and from 26 June 2009. Exploration Licence No. 6585, WHITEHAVEN COAL MINING LIMITED (ACN 086 426 253), County of (04-0655) Arrawatta, Map Sheet (9139), area of 2000 hectares. Exploration Licence No. 6408, AUZEX RESOURCES Cancellation took effect on 23 June 2009. LIMITED (ACN 106 444 606), Counties of Clive and Gough, (05-5710) Map Sheets (9238, 9239, 9338, 9339), area of 47 units, for a further term until 2 May 2011. Renewal effective on and Exploration Licence No. 6586, WHITEHAVEN COAL from 26 June 2009. MINING LIMITED (ACN 086 426 253), County of Arrawatta, Map Sheet (9139), area of 1000 hectares. (06-0121) Cancellation took effect on 23 June 2009. Exploration Licence No. 6579, ILUKA RESOURCES (07-0106) LIMITED (ACN 008 675 018), Counties of Caira and Wakool, Map Sheets (7528, 7627, 7628), area of 1283 units, Exploration Licence No. 6819, HIGHLAKE RESOURCES for a further term until 22 June 2010. Renewal effective on PTY LTD (ACN 062 487 585), County of Urana, Map Sheet and from 30 June 2009. (8027), area of 50 units. Cancellation took effect on 30 June 2009. (06-0221) (07-0107) Exploration Licence No. 6659, PREMIER MINING PTY LIMITED (ACN 119 897 335), County of Raleigh, Map Sheet Exploration Licence No. 6820, HIGHLAKE RESOURCES (9436), area of 3 units, for a further term until 8 November PTY LTD (ACN 062 487 585), County of Urana, Map Sheet 2010. Renewal effective on and from 26 June 2009. (8027), area of 72 units. Cancellation took effect on 30 June 2009. (06-4094) (07-0109) Exploration Licence No. 6669, ILUKA RESOURCES LIMITED (ACN 008 675 018), Counties of Caira and Taila, Exploration Licence No. 6881, HIGHLAKE RESOURCES Map Sheet (7529), area of 46 units, for a further term until PTY LTD (ACN 062 487 585), County of Urana, Map Sheet 28 November 2010. Renewal effective on and from 30 June (8027), area of 68 units. Cancellation took effect on 30 June 2009. 2009. (06-4097) (07-0227) Exploration Licence No. 6704, AUZEX RESOURCES Exploration Licence No. 6889, NEW SOUTHERN LIMITED (ACN 106 444 606), County of Clive, Map MINING PTY LTD (ACN 126 494 871), County of Bland, Sheets (9338, 9339), area of 14 units, for a further term until County of Bourke and County of Clarendon, Map Sheets 17 January 2011. Renewal effective on and from 23 June (8328, 8329, 8428, 8429), area of 68 units. Cancellation took 2009. effect on 30 June 2009. (06-4104) (07-0222) Exploration Licence No. 6738, AUSTRALIAN Exploration Licence No. 6890, NEW SOUTHERN GEMSTONE RESOURCES PTY LTD (ACN 121 034 811), MINING PTY LTD (ACN 126 494 871), County of Counties of Denham and Finch, Map Sheets (8538, 8638, Beresford, Map Sheet (8725), area of 25 units. Cancellation 8639), area of 136 units, for a further term until 13 March took effect on 30 June 2009. 2011. Renewal effective on and from 23 June 2009. (07-0220) (07-0103) Exploration Licence No. 6891, NEW SOUTHERN Exploration Licence No. 6768, NEW SOUTH MINING PTY LTD (ACN 126 494 871), County of Argyle, RESOURCES LIMITED (ACN 119 557 416), County of Map Sheet (8828), area of 23 units. Cancellation took effect Clarendon, Map Sheet (8428), area of 14 units, for a further on 30 June 2009.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3 July 2009 OFFICIAL NOTICES 3889

(07-0221) TRANSFER Exploration Licence No. 6895, NEW SOUTHERN (05-5233) MINING PTY LTD (ACN 126 494 871), County of Argyle, Exploration Licence No. 6740, formerly held by Map Sheets (8827, 8828), area of 25 units. Cancellation took WATERFLEA PTY LTD (ACN 105 608 106) has been effect on 30 June 2009. transferred to NEAR SURFACE GEOTHERMAL ENERGY PTY LIMITED. The transfer was registered on 24 June (07-0223) 2009. Exploration Licence No. 6896, NEW SOUTHERN MINING PTY LTD (ACN 126 494 871), County of King and IAN MACDONALD, M.L.C., County of Murray, Map Sheets (8628, 8727, 8728), area of Minister for Mineral Resources 100 units. Cancellation took effect on 30 June 2009. NOXIOUS WEEDS ACT 1993 (07-0224) Exploration Licence No. 6898, NEW SOUTHERN Appointment of Member MINING PTY LTD (ACN 126 494 871), County of Murray, to Noxious Weeds Advisory Committee Map Sheet (8727), area of 49 units. Cancellation took effect I, IAN MACDONALD MLC, Minister for Primary Industries, on 30 June 2009. pursuant to section 58 of the Noxious Weeds Act 1993, have determined that Mr Alexander Jock LAURIE be re-appointed (07-0225) to the Noxious Weeds Advisory Committee from the date Exploration Licence No. 6899, NEW SOUTHERN hereof until 31 May 2011. MINING PTY LTD (ACN 126 494 871), County of Murray, Dated this 10th day of June 2009. Map Sheet (8727), area of 79 units. Cancellation took effect on 30 June 2009. IAN MACDONALD, M.L.C., Minister for Primary Industries (07-0228) Exploration Licence No. 6900, NEW SOUTHERN PLANT DISEASES ACT 1924 MINING PTY LTD (ACN 126 494 871), County of Clarendon and County of Harden, Map Sheets (8428, 8528), area of 48 Proclamation P202 units. Cancellation took effect on 30 June 2009. PROCLAMATION to regulate the importation, introduction and bringing into New South Wales of the pest and regulated (07-0330) items that are likely to introduce the pest green snail Exploration Licence No. 6924, NICKEL ONLINE PTY (Cantareus apertus). LTD (ACN 126 718 456), County of Macquarie, Map Sheets (9434, 9435), area of 30 units. Cancellation took effect on Her Excellency Professor MARIE BASHIR, A.C., C.V.O., Governor 30 June 2009. I, Professor MARIE BASHIR, A.C., C.V.O., Governor of (07-0332) the State of New South Wales, with the advice of the Executive Exploration Licence No. 7092, EAST COAST Council pursuant to section 4 (1) of the Plant Diseases Act MOLYBDENUM PTY LTD (ACN 126 611 827), County 1924 and being of the opinion that the items specifi ed in sub- of Clive and County of Drake, Map Sheet (9339), area of 20 clause (1) are likely to introduce the pest green snail into New units. Cancellation took effect on 30 June 2009. South Wales, hereby regulate the importation, introduction or bringing of such items as follows: (07-0331) 1. Importation, introduction and bringing into New South Exploration Licence No. 7094, EAST COAST Wales of the following regulated items is prohibited: MOLYBDENUM PTY LTD (ACN 126 611 827), County (a) the pest green snail (Cantareus apertus) or anything of Goulburn, Map Sheet (8326), area of 24 units. Cancellation infested with the pest; and took effect on 30 June 2009. (b) any green snail host plant material which originates from or has moved through a state or territory where (07-0283) an infestation of green snail is known to exist; and Exploration Licence No. 7138, EAST COAST (c) used packaging; and MOLYBDENUM PTY LTD (ACN 126 611 827), County (d) soil. of Clive and County of Gough, Map Sheet (9238, 9239), area of 67 units. Cancellation took effect on 30 June 2009. 2. Sub-clause (1) does not apply if: (a) the host plant material was grown and sourced and (T96-0287) packed on a property located in a state or territory, or Mining Purposes Lease No. 218 (Act 1973), MINERAL part of a state or territory, for which an Area Freedom DEPOSITS (OPERATIONS) PTY LTD (ACN 083 091 963), Certifi cate is currently in force; or Parish of Fens, County of Gloucester; and Parish of Fens, (b) the consignment is accompanied by a Plant Health County of Gloucester, Map Sheets (9332-4-S, 9332-4-S), Certifi cate or Plant Health Assurance Certifi cate area of 1.209 hectares. Cancellation took effect on 20 April certifying that the host plant material is imported, 2009. introduced or brought into New South Wales according to the written conditions of movement, as approved from time to time by a designated Director, IAN MACDONALD, M.L.C., New South Wales Department of Primary Industries; Minister for Mineral Resources or

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3890 OFFICIAL NOTICES 3 July 2009

(c) a specifi c written approval was issued by a designated PLANT DISEASES ACT 1924 Director, New South Wales Department of Primary Proclamation P207 Industries, and the regulated item is imported, introduced or brought into New South Wales in PROCLAMATION to regulate the importation, introduction compliance with any conditions specifi ed in that and bringing into New South Wales of the pest and regulated approval; and items that are likely to introduce the pest Mediterranean fruit fl y (Ceratitis capitata). 3. The Plant Health Certifi cate or the Plant Health Assurance Certifi cate must be produced on demand to an inspector Her Excellency Professor appointed under section 11 of the Plant Diseases Act MARIE BASHIR, A.C., C.V.O., Governor 1924. I, Professor MARIE BASHIR, A.C., C.V.O., Governor Defi nitions of the State of New South Wales, with the advice of the “a designated Director, New South Wales Department Executive Council pursuant to section 4(1) of the Plant of Primary Industries” means the person occupying Diseases Act 1924 and being of the opinion that the items or acting in the position Director, Animal and Plant specifi ed in sub-clause (1) are likely to introduce the pest Biosecurity; or Director, Compliance Operations; or Mediterranean fruit fly into New South Wales, hereby Director, Compliance Standards and Livestock Health & regulate the importation, introduction or bringing of such Pest Authorities Alliance. items as follows: “Area Freedom Certifi cate” means a certifi cate issued by (1) Importation, introduction and bringing into New South the Chief Plant Health Manager responsible for quarantine Wales of the following regulated items is prohibited: in the state or territory, declaring that the state or territory (a) the pest Mediterranean fruit fl y (Ceratitis capitata) or part thereof is free from the pest green snail, Cantareus or anything infested with the pest; and apertus. (b) any host fruit, including that listed in Schedule 1 “business” means the legal entity responsible for the which originates from or has moved through a state operation of the facility and Interstate Certifi cation Assurance or territory where an infestation of Mediterranean arrangement detailed in the business’s Application for fruit fl y is known to exist; and Accreditation. (c) used packaging; and “green snail host plant material” means any leafy (d) soil. vegetable, cutting, potted plant, turf, bare rooted plant, mature tree, cut fl ower, foliage, hay and straw, but excludes plants (2) Sub-clause (1) does not apply if: in tissue culture. (a) the host fruit was grown and sourced and packed on a property located in a state or territory, or part “Interstate Certifi cation Assurance” means a system of of a state or territory, for which an Area Freedom Certifi cation Assurance developed to meet the requirements Certifi cate is currently in force; or of state or territory governments for certifi cation of produce for interstate and intrastate quarantine purposes. (b) the consignment is accompanied by a Plant Health Certifi cate or Plant Health Assurance Certifi cate “Plant Health Certifi cate” means an offi cial certifi cate certifying that the host fruit is imported, introduced issued by a person authorised to do so by the primary or brought into New South Wales according to the industries’ department in the relevant state or territory written conditions of movement, as approved from certifying that the regulated item has been introduced, time to time by a designated Director, New South imported or brought into New South Wales in compliance Wales Department of Primary Industries; or with sub-clause (2). (c) a specifi c written approval was issued by a designated “Plant Health Assurance Certifi cate” means a certifi cate Director, New South Wales Department of Primary issued by a business accredited under an accreditation scheme Industries, and the regulated item is imported, authorised by the primary industries’ department of the introduced or brought into New South Wales in relevant state or territory, certifying that the regulated item compliance with any conditions specifi ed in that has been introduced, imported or brought into New South approval; and Wales in compliance with sub-clause (2). (3) The Plant Health Certificate or the Plant Health “soil” means any natural or artifi cial medium in which plants Assurance Certifi cate must be produced on demand to are grown or supported. an inspector appointed under section 11 of the Plant “used packaging” means any package which has contained Diseases Act 1924. any soil or any green snail host plant material. Defi nitions Note: NSW Department of Primary Industries reference is P202. “a designated Director, New South Wales Department For further information contact the Department on of Primary Industries” means the person occupying (02) 6391 3575 or (02) 6391 3593. or acting in the position Director, Animal and Plant Biosecurity; or Director, Compliance Operations; or Signed and sealed at Sydney this 1st day of July 2009. Director, Compliance Standards and Livestock Health & By Her Excellency’s Command, Pest Authorities Alliance. “Area Freedom Certifi cate” means a certifi cate issued by IAN MACDONALD, M.L.C., the Chief Plant Health Manager responsible for quarantine Minister for Primary Industries in the state or territory, declaring that the state or territory or part thereof is free from the pest Mediterranean fruit fl y GOD SAVE THE QUEEN! Ceratitis capitata.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3 July 2009 OFFICIAL NOTICES 3891

“business” means the legal entity responsible for the Signed and sealed at Sydney this 1st day of July 2009. operation of the facility and Interstate Certifi cation Assurance By Her Excellency’s Command, arrangement detailed in the business’s Application for Accreditation. IAN MACDONALD, M.L.C., Minister for Primary Industries “host fruit” means fruit identifi ed in Schedule 1. GOD SAVE THE QUEEN! “Interstate Certification Assurance” means a system of Certifi cation Assurance developed to meet the requirements of state or territory governments for certifi cation of produce PLANT DISEASES ACT 1924 for interstate and intrastate quarantine purposes. Proclamation P199 “Plant Health Certifi cate” means an offi cial certifi cate PROCLAMATION to regulate the importation, introduction issued by a person authorised to do so by the primary and bringing into New South Wales of regulated items that industries’ department in the relevant state or territory are likely to introduce Orange Stem Pitting Strain of Tristeza certifying that the regulated item has been introduced, Virus. imported or brought into New South Wales in compliance with sub-clause (2). Her Excellency Professor MARIE BASHIR, A.C., C.V.O., “Plant Health Assurance Certifi cate” means a certifi cate Governor issued by a business accredited under an accreditation scheme I, Professor MARIE BASHIR, A.C., C.V.O., Governor authorised by the primary industries’ department of the of the State of New South Wales, with the advice of the relevant state or territory, certifying that the regulated item Executive Council pursuant to section 4(1) of the Plant has been introduced, imported or brought into New South Diseases Act 1924 and being of the opinion that the items Wales in compliance with sub-clause (2). specifi ed in sub-clause (1) are likely to introduce the Orange “soil” means any natural or artifi cial medium in which plants Stem Pitting Strain of Tristeza Virus into New South Wales, are grown or supported. hereby regulate the importation, introduction or bringing of such items as follows: “used packaging” means any package which has contained any soil or any host plant or plant product identifi ed in (1) Importation, introduction and bringing into New South Schedule 1. Wales of the following regulated items is prohibited: (a) Orange stem pitting strain of tristeza virus or SCHEDULE 1 – HOST FRUIT anything infected with the virus; and Abiu (b) plants and parts of plants, including tissue culture Acerola plants, but excluding fruit, of the genera Citrus and Apple Fortunella. Feijoa Passionfruit Apricot (2) Sub-clause (1) does not apply if: Avocado Fig Pawpaw Babaco Granadilla Peach (a) the regulated item was grown on a property located Banana Grape Peacharine in a state or territory, or part of a state or territory, Black sapote Grapefruit Pear for which an Area Freedom Certifi cate is currently Blackberry Grumichama Pepino in force; or Guava Persimmon Blueberry (b) the consignment is accompanied by a Plant Health Boysenberry Hog plum Plum Brazil cherry Jaboticaba Plumcot Certifi cate or Plant Health Assurance Certifi cate Breadfruit Jackfruit Pomegranate certifying that the regulated item is imported, Caimito [Star apple] Jew plum Prickly pear introduced or brought into New South Wales Cape gooseberry Ju jube Pummelo according to the written conditions of movement, as Capsicum Kiwifruit Quince approved from time to time by a designated Director, Carambola Lemon Rambutan New South Wales Department of Primary Industries; [Starfruit] Lime Raspberry or Loganberry Rollinia Cashew apple (c) a specific written approval was issued by a Casimiro Longan Santol [White sapote] Loquat Sapodilla designated Director, New South Wales Department Cherimoya Lychee Shaddock of Primary Industries, and the regulated item is Cherry Mandarin Soursop imported, introduced or brought into New South Chilli Mango Sweetsop [Sugar apple] Wales in compliance with any conditions specifi ed Citron Mangosteen Tamarillo in that approval; and Coffee berry Medlar Tangelo Cumquat Miracle fruit Tomato (3) The Plant Health Certificate or the Plant Health Custard apple Monstera Wax jambu Assurance Certifi cate must be produced on demand to Date Mulberry [Rose apple] an inspector appointed under section 11 of the Plant Dragon fruit Nashi Diseases Act 1924. Nectarine [Than lung] Defi nitions Durian Olive Eggplant Orange “a designated Director, New South Wales Department of Primary Industries” means the person occupying or acting in the position Director, Animal and Plant Note: NSW Department of Primary Industries reference is P207. Biosecurity; or Director, Compliance Operations; or For further information contact the Department on Director, Compliance Standards and Livestock Health & (02) 6391 3575 (02) 6391 3593. Pest Authorities Alliance.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3892 OFFICIAL NOTICES 3 July 2009

“Area Freedom Certifi cate” means a certifi cate issued by Signed and sealed at Sydney this 1st day of July 2009 the Chief Plant Health Manager responsible for quarantine By Her Excellency’s Command in the state or territory, declaring that the state or territory or part thereof is free from orange stem pitting strain of IAN MACDONALD, M.L.C., tristeza virus. Minister for Primary Industries “business” means the legal entity responsible for the GOD SAVE THE QUEEN! operation of the facility and Interstate Certifi cation Assurance arrangement detailed in the business’s Application for Accreditation. PLANT DISEASES ACT 1924 “Interstate Certifi cation Assurance” means the system of Proclamation P155R Certifi cation Assurance developed to meet the requirements of state or territory governments for certifi cation of produce PROCLAMATION to revoke Proclamation P155 which for interstate and intrastate quarantine purposes. regulated the importation, introduction and bringing into “Plant Health Certifi cate” means an offi cial certifi cate New South Wales of plants, parts of plants including fruit of issued by a person authorised to do so by the primary plants of the family Rutaceae, certain agricultural equipment industries’ department in the relevant state or territory and other things from Queensland that are likely to introduce certifying that the regulated item has been introduced, the diseases Citrus Canker and Orange Stem Pitting Strain imported or brought into New South Wales in compliance of Tristeza Virus. with sub-clause (2). Her Excellency Professor “Plant Health Assurance Certifi cate” means a certifi cate MARIE BASHIR, A.C., C.V.O., issued by a business accredited under an accreditation scheme Governor authorised by the primary industries’ department of the relevant state or territory, certifying that the regulated item I, Professor MARIE BASHIR AC, CVO, Governor of the has been introduced, imported or brought into New South State of New South Wales with the advice of the Executive Wales in compliance with sub-clause (2). Council, and pursuant to sections 3 (2) (a) and 4(1) of the Plant Diseases Act 1924 revoke Proclamation P155 titled Note: NSW Department of Primary Industries reference is P199. “Citrus canker and Orange For further information contact the Department on Stem Pitting Strain of Tristeza Virus” published in (02) 6391 3575 or (02 6391 3593. the Government Gazette No. 116 of 7 July 2004 at pages Signed and sealed at Sydney this 1st day of July 2009. 5763-5764 and any Proclamation revived as a result of that revocation. By Her Excellency’s Command, Note: NSW Department of Primary Industries reference is IAN MACDONALD, M.L.C., P155R. Minister for Primary Industries For further information contact the Department on GOD SAVE THE QUEEN! (02) 6391 3575 or (02 6391 3593. Signed and sealed at Sydney this 1st day of July 2009. PLANT DISEASES ACT 1924 By Her Excellency’s Command, Proclamation P208R IAN MACDONALD, M.L.C., PROCLAMATION to revoke P131, P181, P185, P186, P189 Minister for Primary Industries and P190 that regulated the importation, introduction and bringing into specifi ed parts of New South Wales of certain GOD SAVE THE QUEEN! fruit, which had originated from or moved through other specifi ed parts of New South Wales, on account of outbreaks of Queensland fruit fl y. RICE MARKETING ACT 1983 Her Excellency Professor Proclamation MARIE BASHIR AC, CVO, Governor I, Professor MARIE BASHIR, A.C., C.V.O., Governor I, Professor MARIE BASHIR AC, CVO, Governor of the of the State of New South Wales, with the advice of the State of New South Wales, with the advice of the Executive Executive Council, and in pursuance of clause 27 of the Council and pursuant to sections 4(1) and 3(2)(a) of the Plant Marketing of Primary Products Regulation 2005, do, by this Diseases Act 1924, revoke the proclamations described in my Proclamation, direct that an election be held for members Schedule 1 and any other proclamation revived as a result of the Rice Marketing Board. of this revocation. Signed and sealed at Sydney, this 1st day of July 2009. Schedule 1 By Her Excellency’s Command, Edition of NSW IAN MACDONALD, M.L.C., Proclamation Government Gazette and Page Minister for Primary Industries publication date numbers P131 No. 33 of 31 January 2003 671 - 672 P181 No. 81 of 22 June 2007 3834 - 3835 P185 No. 48 of 2 May 2008 2998 - 2999 P186 No. 48 of 2 May 2008 2999 - 3000 P189 No. 48 of 2 May 2008 3003 - 3004 P190 No. 48 of 2 May 2008 3004 - 3005

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3 July 2009 OFFICIAL NOTICES 3893

FISHERIES MANAGEMENT ACT 1994 Section 8 and Section 11 Notifi cation - Fishing Closure Caulerpa – Wallagoot Lake I, DELIA DRAY, Acting Executive Director, Biosecurity, Compliance and Mine Safety, NSW Department of Primary Industries, with the delegated authority of the Minister for Primary Industries and the Director-General of the NSW Department of Primary Industries pursuant to section s227 and 228 of the Fisheries Management Act 1994 (“the Act”) do by this notifi cation: 1. pursuant to section 11 of the Act, revoke the notifi cation titled “Wallagoot Lake – Caulerpa taxifolia” published in the Government Gazette No. 185 of 23 December 2007 at page 10483 (and any notifi cation revived as a result of this revocation); 2. pursuant to section 8 of the Act, prohibit the taking of all species of fi sh by all commercial and recreational fi shers by the methods of fi shing specifi ed in Column 1 of the Schedule to this notifi cation, from the waters described opposite in Column 2, of that Schedule. This closure is effective for a period of fi ve (5) years from the date of publication unless sooner amended or revoked.

SCHEDULE Wallagoot Lake Column 1 Column 2 Methods Waters By means of nets of every description other than 1. All waters between and to the south west of the line a landing net as prescribed by the Fisheries between point A (149.931, -36.790) to point B (149.936, Management (General) Regulation 2002. -36.793); as identifi ed as Caulerpa taxifolia closure area in the map at Attachment 1 to this notifi cation. Note: GPS coordinates are in GDA94. Note 1: The map in this notifi cation is also displayed at the nearest offi ce of NSW Department of Primary Industries, on the NSW DPI website at www.dpi.nsw.gov.au/fi sheries , and at the nearest local council offi ce. Note 2: T his closure is in addition to the Caulerpa Closure published in NSW Government Gazette No 37 of 13.2.09 at pages 1006-1007. Dated this 29th day of June 2009. DELIA DRAY, Acting Executive Director Biosecurity, Compliance and Mine Safety NSW Department of Primary Industries Attachment 1

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3894 OFFICIAL NOTICES 3 July 2009 Roads and Traffic Authority

ROAD TRANSPORT (GENERAL) ACT 2005 Notice under Clause 20 the Road Transport (Mass, Loading and Access) Regulation, 2005 PARKES SHIRE COUNCIL in pursuance of Division 4 of Part 2 of the Road Transport (Mass, Loading, Access) Regulation 2005, by this Notice, specify the routes and areas on or in which 25 metre B-Doubles may be used subject to any requirements or conditions set out in the Schedule. ALAN MCCORMACK, General Manager, Parkes Shire Council (by delegation from the Minister for Roads) Dated: 25 June 2009.

SCHEDULE 1. Citation This Notice may be cited as Parkes Shire 25 metre B-Double Notice No. 2/2009. 2. Commencement This Notice takes effect on the date of Gazettal. 3. Effect This Notice remains in force until Friday 10 July 2009 unless it is amended or repealed earlier. 4. Application This Notice applies to those 25 metre B Double vehicles which comply with Schedule 1 of the Road Transport (Mass, Loading and Access) Regulation 2005 and Schedule 2 of the Road Transport (Vehicle Registration) Regulation 2007. 5. Routes Type Road No Road Name Starting Finishing Point Conditions Point 25 37 London Road, Blaxland Ackroyd Street1. Travel not permitted on school Parkes Street days between 8am and 9am and between 3.30pm and 4.30pm 2. 50km/h speed limit applies

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3 July 2009 OFFICIAL NOTICES 3895

ROADS ACT 1993 ROADS ACT 1993

Notice of Dedication of Land as Public Road at Baulkham Notice of Dedication of Land as Public Road Hills and Bella Vista in the The Hills Shire Council area at Seven Hills, Kings Langley, Parklea and Glenwood in the Blacktown City Council area THE Roads and Traffic Authority of New South Wales, by its delegate, dedicates the land described in the THE Roads and Traffic Authority of New South Wales, schedule below as public road under section 10 of the by its delegate, dedicates the land described in the Roads Act 1993. schedule below as public road under section 10 of the Roads Act 1993. T D Craig Manager, Compulsory Acquisition & Road Dedication T D Craig Roads and Traffic Authority of New South Wales Manager, Compulsory Acquisition & Road Dedication ______Roads and Traffic Authority of New South Wales ______SCHEDULE SCHEDULE ALL those pieces or parcels of land situated in the The Hills Shire Council area, Parish of Castle Hill and County ALL those pieces or parcels of land situated in the of Cumberland, shown as: Blacktown City Council area, Parishes of Prospect and Gidley, County of Cumberland, shown as: Lots 7 to 10 inclusive Deposited Plan 858790; Lots 116 and 117 Deposited Plan 231157; Lots 2 and 3 Deposited Plan 237042; and Lot 17 Deposited Plan 237042; Lots 3 and 4 Deposited Plan 1076684. Lots 7, 8 and 9 Deposited Plan 1036602; (RTA Papers: FPP 40.1206; RO 40.1206) Lots 3 and 4 Deposited Plan 1074875;

Lots 1 and 3 Deposited Plan 590982;

Lot 8 Deposited Plan 860529;

Lot 189 Deposited Plan 1007801;

Lot 2 Deposited Plan 1032672; and

Lot 12 Deposited Plan 1084455.

(RTA Papers: FPP 40.1206; RO 40.1206)

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3896 OFFICIAL NOTICES 3 July 2009 Department of Water and Energy

WATER ACT 1912 Lot 102 DP1040753, Lots 1 & 2 DP816924, Lots 5 & 2 DP47552, Lots 6 & 3 DP47533, Lots 100 & 101 DP576778, APPLICATIONS under Part 2 within a Proclaimed (declared) Lot 6 DP865599 and Lot 10 DP252284, Parishes Blake, Local Area under Section 5(4) of the Water Act, 1912. Clarendon and Waldegrave, County Ashburnham, for mining Applications for a licence under Section 10 for works within purposes (replacement licence – increase in dam capacity and a proclaimed (declared) local area as generally described to authorise conveyance works, no increase in entitlement) hereunder have been received from: (Ref: 70SL091131). Murrumbidgee Valley Any inquiries regarding the above should be directed to Ian, Helen Marguerite Reading and Antony Iain CATHLES the undersigned on (02) 6850 2800. Written objections, from for a pump on Goodradigbee River, Lot 7 DP865559, Parish any local occupier or statutory authority, specifying grounds Micalong, County Cowley for irrigation purposes. New and how their interests are affected, must be lodged with Licence – permanent transfer. (Ref.40SL71174) the Department of Water and Energy, PO Box 291, Forbes Peter Lindsay and Neil Gordon CAREY for a pump on NSW 2871, within 28 days of the date of this publication. Goodradigbee River, Lot 22 DP751821, Parish Micalong, GA2:530522 County Cowley for irrigation purposes. New Licence – permanent transfer. (Ref.40SL71175). VIV RUSSELL, Any inquiries regarding the above should be directed to Licensing Manager the undersigned on (02) 6953 0700. Written objections, from any local occupier or statutory authority, specifying grounds and how their interests are affected, must be lodged with AN application for a licence, under the Section 10 of Part the Department of Water and Energy, PO Box 156, Leeton 2 of the Water Act, 1912, as amended, has been received as NSW 2705, within 28 days of the date of this publication. follows: GA2:530520. KOGARAH COUNCIL for a proposed weir and pump on S.F. WEBB, Kogarah Bay Creek (stormwater canal – 1st order stream) Licensing Manager on Part Lot 3 DP260626 and Lot 20 DP527191, Parish of St George, County of Cumberland for the conservation of water APPLICATION for a licence under Part 2 of the Water Act and water supply for industrial (concrete batching) purposes 1912 being within a Proclaimed (declared) Local Area under (Ref:10SL56849). section 5(4) of the Act. An Application for a licence Under Any inquiries regarding the above should be directed to Section 10 of Part 2 of the Water Act, has been received as the undersigned on (02) 9895 7194. Written objections, from follows; any local occupier or statutory authority, specifying grounds Lachlan River Valley and how their interests are affected, must be lodged with the CADIA HOLDINGS PTY LTD, for 1 pumping station Department of Water and Energy, PO Box 3720, Parramatta and pipeline on Belubula River, on Lot 141 DP1082789, Lots NSW 2124, within 28 days of the date of this publication. 21 & 22 DP1038104, road adjacent to Lot 21 DP1038104, GA2:530523. Lot 201 DP1037198, Lots 25, 24, 64, 152, DP750362, WAYNE CONNERS, Lot 1 DP731180, Lot 21 DP825426, Lot 1 DP816924, Licensing Ofﬁ cer Lots 155, 151, 192, 241, 193, 240 DP750415, Lots 2 & 6 DP47552 & Lot 101 DP576778 Parishes Blake, Carlton and Waldegrave, County Ashburnham, for mining purposes (replacement licence – increase in pump capacity and to AN application for an Authority, under the Section 20 of Part authorise conveyance works, no increase in entitlement) 2 of the Water Act, 1912, as amended, has been received as (Ref: 70SL091130). follows: Any inquiries regarding the above should be directed to Robert George John JEFFERY & others for a pump on the the undersigned on (02) 6850 2800. Written objections, from Brogo River being Part Lot 272 DP862394 Parish of Bega any local occupier or statutory authority, specifying grounds County of Auckland for water supply for stock and domestic and how their interests are affected, must be lodged with purposes. Replacement Authority due to increase in holders. the Department of Water and Energy, PO Box 291, Forbes No increase in entitlement or purpose. (Not subject to the NSW 2871, within 28 days of the date of this publication. Brogo River catchment embargo)(Ref:10SA002546). GA2:530521. Any inquiries regarding the above should be directed to VIV RUSSELL, Licensing Manager the undersigned on (02) 4429 4442. Written objections, from any local occupier or statutory authority, specifying grounds and how their interests are affected, must be lodged with APPLICATION for a licence under Part 2 of the Water Act the Department of Water and Energy, PO Box 309, Nowra 1912 being within a Proclaimed (declared) Local Area under NSW 2541, within 28 days of the date of this publication. section 5(4) of the Act. An Application for a licence Under GA2:530524. Section 10 of Part 2 of the Water Act, has been received as WAYNE RYAN, follows: Licensing Ofﬁ cer Lachlan River Valley CADIA HOLDINGS PTY LTD, for a dam on Rodds Creek and pipeline and pump on Cadiangullong Creek, on Lot 23 DP1078095, Lots 251, 20, 275, 151, 241, 240, DP750415, NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3 July 2009 OFFICIAL NOTICES 3897

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ELECTRICITY SUPPLY ACT 1995

Notice of Approval of Energy Savings Scheme Rule 2009

Notice of Energy Savings Scheme Rule by the Minister for Energy under Part 9, Division 13 of the Electricity Supply Act 1995.

I, Ian Michael Macdonald, Minister for Energy, pursuant to Part 9, Division 13 of the Electricity Supply Act 1995, hereby give notice of approval of Energy Savings Scheme Rule 2009. The Rule is set out in Schedule 1 of the notice hereto.

The Rule takes effect from 1 July 2009.

A copy of the Energy Savings Scheme Rule 2009 may also be obtained through the Department of Water and Energy’s website at www.dwe.nsw.gov.au.

Dated at Sydney, this 24th day of June 2009.

IAN MICHAEL MACDONALD, M.L.C., Minister for Energy

______

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SCHEDULE 1

Energy Savings Scheme Rule of 2009

Ian Michael Macdonald, MLC Minister for Energy

1 Name and commencement

1.1 This Rule is the Energy Savings Scheme Rule of 2009 and commences on 1July 2009.

1.2 Without limiting the circumstances in which this Rule applies, this Rule applies to:

(a) the accreditation of Accredited Certificate Providers after the commencement of this Rule (regardless of the date of application for accreditation);

(b) the calculation and creation of Energy Savings Certificates registered after the commencement of this Rule (regardless of the date of accreditation of the Accredited Certificate Provider); and

(c) the ongoing eligibility of a person to remain accredited as an Accredited Certificate Provider accredited for the purpose of the Scheme Administrator exercising its powers under the Act and Regulations, after the commencement of this Rule, to vary, suspend or cancel a person's accreditation as an Accredited Certificate Provider

2 Objects of the Rule

The object of this Rule is to provide specific arrangements for the creation and calculation of Energy Savings Certificates where energy is saved through increased efficiency of electricity consumption, or reduction in electricity consumption where there is no negative effect on production or service levels. The Rule aims to save energy through measures that improve electricity end-use efficiency.

3 Application of the Rule

Without limiting the persons to whom this Rule applies, this Rule applies to Accredited Certificate Providers accredited to create Energy Savings Certificates in respect of Recognised Energy Savings Activities in accordance with Part 9 Division 8 of the Act, the Regulations and this Rule.

4 Status and Operation of the Rule

This Rule is an Energy Savings Scheme Rule made under Part 9 Division 13 of the Act.

5 Eligibility to be an Accredited Certificate Provider

5.1 A person is eligible to be accredited as an Accredited Certificate Provider under this Rule if:

(a) the person is an Energy Saver, and

(b) the accreditation is in respect of one or more Recognised Energy Savings Activities.

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Note: Under the Regulations, a person must also have record keeping arrangements with respect to the Recognised Energy Savings Activity approved by the Scheme Administrator. Further matters must also be satisfied under the Regulations if the accreditation is in respect of a proposed (rather than existing) Recognised Energy Savings Activity.

5.2 An Energy Saver is:

(a) the person who is contractually liable (or otherwise liable if there is no contract) to pay for the energy consumed by the End-User Equipment at the Site that is the subject of a Recognised Energy Savings Activity at the relevant Implementation Date; or

Note: Where confusion exists, the Energy Saver in (a) above is the retail or wholesale customer that is named in the contract, or if no contract exists is liable (by statute, convention or otherwise) to pay the electricity charges derived from a meter with a National Meter Identifier (NMI) in the National Electricity Market.

(b) where the method used to quantify the Energy Savings is the NABERS Method under clause 8.8 of this Rule, the person who is the NABERS Rating Holder during the period for which the Energy Savings Certificates are being claimed; or

(c) a person nominated (“nominee”), to the satisfaction of the Scheme Administrator, to be the Energy Saver in respect of the Recognised Energy Savings Activity by one of the following persons (“nominator”):

(i) the person in (a) or (b); or

(ii) a person previously nominated to be the Energy Saver,

provided that:

(iii) the nominator has not previously nominated another person to be the Energy Saver, or if the nominator has done so, that previous nomination is not still effective;

(iv) the nomination is in writing in a form approved by the Scheme Administrator and signed by the nominator via a process approved by the Scheme Administrator; and

(v) the nominee consents to the nomination; or

(d) a person whom the Scheme Administrator is satisfied will be a person in (a) or (b), provided that the person will not be entitled to create Energy Savings Certificates unless that person satisfies the criteria in clause 5.2 (a) or (b), at the relevant Implementation Date (in the case of (a)), or at the time of Energy Savings Certificate creation (in the case of (b)).

(e) Without limiting clause 5.2(c), in relation to a Recognised Energy Savings Activity in which the person seeking accreditation proposes to be nominated by multiple persons to be the Energy Saver in relation to multiple End-User Equipment at multiple Sites, the person is eligible to be accredited in respect of that Recognised Energy Savings Activity even if not all of the nominations have been made as at the date of accreditation, provided that:

(i) the Scheme Administrator approves the form of the nomination and the process by which nomination forms are signed; and

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(ii) the accreditation in relation to each End-User Equipment does not come into effect until each respective nomination has been made.

Note: Section 143(1) in Division 9 of the Act provides that the creation of an Energy Savings Certificate must be registered with the Scheme Administrator for the Energy Savings Certificate to have effect. Section 143(4) provides that the person creating the Energy Savings Certificates and registered in the register as the owner is the owner.

5.3 A Recognised Energy Savings Activity is defined as:

(a) Specific activities implemented by an Energy Saver that increase the efficiency of electricity consumption or reduce electricity consumption, by:

(i) modifying End-User Equipment or usage of End-User Equipment (including installing additional components) resulting in a reduction in the consumption of electricity compared to what would have otherwise been consumed;

(ii) replacing End-User Equipment other End-User Equipment that consume less electricity;

(iii) installing New End-User Equipment that consumes less electricity than other End- User Equipment of the same type, function, output or service; or

(iv) removing End-User Equipment that results in reduced electricity consumption, where there is no negative effect on production or service levels,

and where those activities have no negative effect on production or service levels

(b) The activities specified in clause 5.3(a) must have been implemented on or after 1 July 2008 (subject to section 53 of Schedule 6 Part 9 of the Act) at a Site or Sites in New South Wales or another jurisdiction in which an Approved Corresponding Scheme is in operation.

5.4 Recognised Energy Savings Activities do not include:

(a) the installation of End-User Equipment where the installation is undertaken in order to comply with any Statutory Requirement;

Note: This is intended to exclude from this Rule the creation of Energy Savings Certificates for Energy Savings undertaken for the purpose of meeting any mandatory legal requirement imposed through a statutory or regulatory instrument of any originating jurisdiction, including but not limited to compliance with BASIX and Building Code of Australia requirements.

(b) the supply of electricity by a retail supplier, or electricity purchases from a retail supplier by a customer, from the NSW Electricity Network, under a representation by the retail supplier that there is a reduction in greenhouse gas emissions because the electricity supplied is connected with, or represents an amount equal to, the generation of electricity from a particular energy source; or

Note: This is intended to exclude from this Rule the creation of Energy Savings Certificates because of the purchase of electricity under “Green Power” accredited or similar schemes that is eligible to create certificates or RECs at the point of generation.

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(c) activities that reduce electricity consumption by reducing the scope or quantity of production or service derived from the use of that electricity.

Note: Reduced energy consumption not due to specific actions to improve efficiency does not qualify as a Recognised Energy Savings Activity. Mild weather, lower production, closing down part of a site, or reducing the quality or quantity of service derived from the use of that electricity do not qualify as a Recognised Energy Savings Activity.

Reducing electricity consumption where there is no negative effect on production or service levels (e.g. reduction of excessive lighting, removal of redundant installed capacity or the installation of more energy efficient equipment) is a Recognised Energy Savings Activity and is not excluded by this clause.

5.5 For the purposes of clause 5.3, the Scheme Administrator may in its discretion determine whether a Recognised Energy Savings Activity that involves changes to multiple End-User Equipment or occurs across multiple Sites constitutes one or more Recognised Energy Savings Activities.

6 Creation of Energy Savings Certificates

6.1 Only Accredited Certificate Providers accredited for the purpose set out in clause 5 may create Energy Savings Certificates under the Act, the Regulation and this Rule.

6.2 Accredited Certificate Providers may not create Energy Savings Certificates in respect of any Energy Savings where that Energy Savings occur:

(a) before 1 July 2009; and

(b) in respect of an application for accreditation - subject to clause 6.3, before the date on which the accredited certificate provider lodged with the Scheme Administrator an application for its accreditation (completed to the satisfaction of, and in a form acceptable to, the Scheme Administrator) in respect of a Recognised Energy Savings Activity; and

(c) in respect of a subsequent Recognised Energy Savings Activity after accreditation - the date on which the Accredited Certificate Provider lodged with the Scheme Administrator an application to amend its accreditation for a subsequent Recognised Energy Savings Activity (completed to the satisfaction of, and in a form acceptable to, the Scheme Administrator)

6.3 Notwithstanding clause 6.2(b), for any applications lodged in calendar year 2009 for accreditation as an Accredited Certificate Provider (“Application Date”), the Accredited Certificate Provider may create Energy Savings Certificates for any Energy Savings occurring on or after 1 July 2009 but before the Application Date.

6.4 A person may not create Energy Savings Certificates in respect of any Energy Savings if that person or another person has previously validly created Energy Savings Certificates in respect of the same Energy Savings under the Act, the Regulation or this Rule (including previous versions of it).

6.5 The Accredited Certificate Provider may create Energy Savings Certificates for any Energy Savings by using:

(a) the Project Impact Assessment Method;

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(b) the Metered Baseline Method; or

to calculate the Number of Certificates provided that:

(d) the Scheme Administrator approves the method used (being one of the methods in (a) to (c)) before any Energy Savings Certificates are created using that method (which approval may be conditional upon applying the method in a particular manner that is permitted under this Rule);

(e) the method used must produce a result reasonably reflecting (to the satisfaction of the Scheme Administrator) the extent of the Energy Savings from the relevant Recognised Energy Savings Activity;

(f) the assumptions used in the calculation of the Number of Certificates are reasonable (to the satisfaction of the Scheme Administrator) and follow common engineering practice;

(g) those Energy Savings Certificates are reasonably attributable (to the satisfaction of the Scheme Administrator) to the Energy Savings in respect of which the calculation is made;

(h) in the case of the Project Impact Assessment Method (other than in the case of Energy Savings Certificates brought forward under clause 7.4), or the Metered Baseline Method, the time period over which those Energy Savings Certificates are calculated must reasonably reflect to the satisfaction of the Scheme Administrator the time period for the Energy Savings in respect of which the calculation is made; and

(i) in the case of Energy Savings Certificates brought forward under clause 7.4, the Scheme Administrator considers that the Energy Savings for which those Energy Savings Certificates are created is reasonably likely to occur during the time period by reference to which those Energy Savings Certificates were calculated.

6.7 New End-User Equipment (other than New NABERS Buildings) to be better than existing End-User Equipment

For New End-User Equipment (other than New NABERS Buildings), before being entitled to create Energy Savings Certificates under clause 6, an Accredited Certificate Provider must demonstrate to the Scheme Administrator’s satisfaction that the New End-User Equipment has the lowest energy consumption of any comparable New End-User Equipment by reference to:

(a) any benchmarking or performance indicators established and published by a body recognised by the Scheme Administrator, including industry associations

(b) any Default Savings Factors for New End-User Equipment listed in Tables 5, 6 or 8;

(c) the type of equipment, process, or system and level of consumption considered typical for New End-User Equipment, taking into account recent End-User Equipment of this type of equipment, process, or system and Australian and global developments in technology; and

(d) the type of improved equipment, process, or system proposed to be installed and the level of energy consumption,

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taking into account all existing comparable End-User Equipment having the same function, output or service:

(e) in New South Wales or in an Approved Corresponding Scheme; or

(f) if there is no such End-User Equipment in New South Wales or on an Approved Corresponding Scheme, in Australia; or

(g) if there is no value that can be determined under (e) or (f), a level of electricity consumption determined by the Scheme Administrator.

7 Project Impact Assessment Method

Note: The Project Impact Assessment Method determines the number of Energy Savings Certificates an Accredited Certificate Provider is entitled to create on the basis of an engineering assessment of only the equipment, process, or system that is the subject of Energy Savings.

The Project Impact Assessment Method is most appropriate when Energy Savings is small compared to site electricity consumption, unexplained variation in baseline energy consumption is high, or baseline energy consumption data for the site is unavailable.

7.1 Number of Certificates under the Project Impact Assessment Method

Using the Project Impact Assessment Method, Number of Certificates is calculated using Equation 1.

Equation 1

Number of Certificates = Energy Savings x Certificate Conversion Factor

Where: • Number of Certificates is in tCO2-e • Energy Savings (in MWh) is calculated in Equation 2 for Energy Savings calculated on an annual basis and Equation 3 for Energy Savings brought forward using clause 7.4.

Equation 2

Energy Savings = Reduced Electricity Consumption x Confidence Factor

Where: • Reduced Electricity Consumption is the extent to which the electricity consumption of the equipment, process, or system is as a consequence of the Recognised Energy Savings Activity is different to what it otherwise would have been and is to be calculated in accordance with the engineering assessment in clause 7.2. • Confidence Factor depends on the type of engineering assessment performed under clause 7.2 and is assigned to the calculation according to clause 7.3

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7.2 Engineering assessment of reduced electricity consumption

Accredited Certificate Providers choosing to use the Project Impact Assessment Method in respect of any Recognised Energy Savings Activity, are to calculate the reduced electricity consumption of only the equipment, process, or system that is the subject of the Recognised Energy Savings Activity using an engineering assessment or model: (a) that uses reasonable assumptions and generally accepted engineering methods, models, and formulae;

(b) in which the methods, models and formulae used to assess the Recognised Energy Savings Activity are chosen by the Accredited Certificate Provider, but the assessment is assigned a Confidence Factor under clause 7.3 reflecting the accuracy of the engineering assessment conducted;

(i) the consumption of the existing equipment, systems or processes, or for the purposes of clause 6.7 a typical New End-User Equipment thereof that represents better than recent existing End-User Equipment of that type as described in that section, compared with its replacement;

(ii) the performance of the equipment, systems or processes, including degradation over time;

(iii) the operating characteristics of the equipment, systems or processes, including hours of use, degree of loading, usage, operating patterns and behaviour, ambient conditions and any other relevant factors; and

(iv) any of the Default Savings Factors set out in Tables 1 to 15 of Schedule A to this Rule if the variable that the value represents is relevant to the assessment or, if the Accredited Certificate Provider proposes to use a different value for the same purpose, that value is acceptable to the Scheme Administrator.

7.3 Confidence Factor

The Confidence Factor is:

(a) 1.0, if the engineering assessment determines energy consumption to a high level of accuracy based on logged or equivalent data from the End-User Equipment such as:

(i) hours of operation for the End-User Equipment determined from measurements taken over time or other logged data, or a simpler method where this yields an equivalent level of accuracy;

(ii) allowances for any variance in input characteristics and usage, degree of loading, or output characteristics for the End-User Equipment over time determined from measurements or other logged data, or a simpler method where this yields an equivalent level of accuracy;

(iii) operating environment and ambient conditions over time for the End-User Equipment determined from measurements or other logged data, or a simpler method where this yields an equivalent level of accuracy;

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(iv) End-User Equipment characteristics using a full performance curve from manufacturers’ or measured data, or a simpler method where this yields an equivalent level of accuracy; and

(v) performance degradation of the End-User Equipment over time using detailed calculations and manufacturers’ or measured degradation characteristics, or a simpler method where this yields an equivalent level of accuracy,

(including where the engineering assessment relies upon default factors from any of Tables 1 to 15 of Schedule A to this Rule),

or,

(b) 0. 9, if the engineering assessment determines energy consumption to a lesser level of accuracy from that described in clause 7.3(a), based on estimations from logged data, records or equivalent data such as:

(i) hours of operation for the End-User Equipment estimated from records, or a simpler method where this yields an equivalent level of accuracy;

(ii) allowances for any variance in input characteristics and usage, degree of loading, or output characteristics for the End-User Equipment over time estimated from records, or a simpler method where this yields an equivalent level of accuracy;

(iii) operating environment and ambient conditions over time estimated for the End- User Equipment from records or average measurements, or a simpler method where this yields an equivalent level of accuracy;

(iv) End-User Equipment characteristics taking account of performance at full and part load or discrete operating modes, or a simpler method where this yields an equivalent level of accuracy; and

(v) estimates of performance degradation of the End-User Equipment over time using manufacturers’ or other representative degradation characteristics, or a simpler method where this yields an equivalent level of accuracy,

or,

(c) 0.8, or another value approved by the Scheme Administrator, if the engineering assessment does not meet the level of accuracy set out in clause 7.3(b).

7.4 Creation of Certificates able to be brought forward using the Project Impact Assessment Method

Note: Section 131(1) of Division 7 of the Act provides that Energy Savings Certificates may be created in respect of the Energy Savings arising from a Recognised Energy Savings Activity immediately after those Energy Savings occur. Therefore each Energy Savings Certificate may be created immediately after the occurrence of the Energy Savings.

However, section 131(4) and (5) provides that in certain circumstances the date Energy Savings are deemed to have occurred (for the purpose of Energy Savings Certificate creation) can be brought forward. To reduce transaction costs associated with creating Energy Savings Certificates the Regulations or the Rule may allow Energy Savings Certificates to be created in respect of an activity that has ongoing Energy Saving effects, as soon as the activity is commenced.

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If the creation of Energy Savings Certificates is brought forward due to the deemed Energy Savings from future Energy Savings, the Number of Certificates will be subject to discount factors. This is to mitigate the risks of some of the future Energy Savings not being realised. This may occur due to the End-User Equipment being removed or replaced, or the facility closing down.

This section does not prevent claims for Energy Savings Certificates for Energy Savings that have already occurred.

7.4.1 For the purposes of section 131 of Division 7 of the Act, the Accredited Certificate Provider may, subject to clause 6.5, elect for the Energy Savings that give rise to the entitlement to create Energy Savings Certificates under the Project Impact Assessment Method determined in accordance with clause 7.4.2 to be deemed to have occurred (for the purpose of the entitlement to create Energy Savings Certificates but not for any other purpose) on a date determined in accordance with clause 7.4.3, and subject to the application of the discount factor in accordance with clause 7.4.4.

7.4.2 The maximum time period for which Energy Savings Certificate creation can be brought forward as a result of future Energy Savings being deemed to have occurred on a date determined under clause 7.4.3 is the lesser of:

(a) 5 years; or

(b) the life of the Recognised Energy Savings Activity (in years) determined by the Accredited Certificate Provider, to the satisfaction of the Scheme Administrator, with reference to:

(i) the number of Energy Savings Certificates that are otherwise eligible to be created over a given period, determined in accordance with this Rule and to the satisfaction of the Scheme Administrator; and

(ii) any likely performance degradation of the End-User Equipment that will tend to result in Energy Savings in one period being lower than Energy Savings in preceding periods of equal duration; and

(iii) the expected lifetime of the End-User Equipment, taking into account its characteristics, its usage, typical frequency of replacement, and the use of the Site and End-User Equipment remaining the same.

7.4.3 The date on which the Energy Savings are deemed to occur under clause 7.4.1 is the later of:

(a) 1 July 2009;

(b) the Implementation Date; or

(c) the first date by which all the Energy Savings previously brought forward under clause 7.4.1 to create Energy Savings Certificates in respect of the same Recognised Energy Savings Activity has actually occurred.

7.4.4 The number of Energy Savings Certificates able to be brought forward must be calculated by applying the Discount Factor to the Number of Certificates entitled to be created for each future year as set out in Equation 3.

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Equation 3

Energy Savings = ¦ Reduced Electricity Consumptionn x Confidence Factor x Discount n

Factorn

Where: • Reduced Electricity Consumption is the extent to which the electricity consumption of the equipment, process, or system is, as a consequence of the Recognised Energy Savings Activity, different to what it otherwise would have been in year n; • Confidence Factor depends on the type of engineering assessment performed under clause 7.2 and is assigned to the calculation according to clause 7.3 • Discount Factor is set out in Table 16 of Schedule A of this Rule in year n; • n is the year from 1 (the first year of Energy Savings claimed) to 5.

7.4.5 At the end of the maximum time period as determined in clause 7.4.2, the Accredited Certificate Provider may create an additional Number of Certificates equal to:

(a) the Energy Savings for each year in the maximum time period other than the first year as calculated using Equation 2, less

(b) the Energy Savings for each year in the maximum time period other than the first year as calculated for the relevant year in Equation 3, and

provided the Accredited Certificate Provider establishes, to the satisfaction of the Scheme Administrator, that the Energy Savings calculated in clause 7.4.5(a) have actually occurred.

7.4.6 For the purposes of section 131(4) of Division 7 of the Act, the Energy Savings in respect to the Number of Certificates are to be created in accordance with clause 7.4.5 are deemed to occur on the date on which the maximum time period as determined in clause 7.4.2 ends.

8 Metered Baseline Method

Note: The Metered Baseline Method uses measurements of electricity consumption “before” the Recognised Energy Savings Activity takes place to establish a “baseline” electricity consumption standard for the Site being considered. The same measurements performed “after” the Recognised Energy Savings Activity has commenced will establish new levels of electricity consumption, with the difference representing the impact of the Recognised Energy Savings Activity.

Energy Savings are adjusted by a confidence factor that is calculated based on the size of the Energy Savings relative to the unexplained variance in the baseline.

The Metered Baseline Method relies on the remainder of the Site operating as it did before the Recognised Energy Savings Activity was implemented. Where changes at the Site, other than those that constitute the Recognised Energy Savings Activity will affect metered consumption per unit of output or service, the results will not reasonably reflect the Energy Savings due to the Recognised Energy Savings Activity, and Energy Savings Certificates cannot be created using the Metered Baseline Method.

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Consequently, the Metered Baseline Method should not be used where changes other than the Recognised Energy Savings Activity have taken place during the baseline period, or are anticipated during the life of the Recognised Energy Savings Activity for which Energy Savings Certificates will be claimed.

This also does not prevent additional Recognised Energy Savings Activities at the same Site from being implemented and assessed against the original baseline.

8.1 The Metered Baseline Method in this clause 8 may only be used to calculate Number of Certificates if measurements made pursuant to this clause 8 are of a standard and duration enabling the Number of Certificates to be determined to a level of accuracy satisfactory to the Scheme Administrator.

8.2 Using the Metered Baseline Method, Number of Certificates is calculated under:

(a) clause 8.5, using a baseline per unit of output;

(b) clause 8.6, using a baseline unaffected by output;

(d) clause 8.8, using a baseline normalised by means of a methodology adapted from the National Australian Built Environment Rating System,

provided that all Energy Savings Certificates that the Accredited Certificate Provider seeks to create for the Energy Savings can reasonably (to the satisfaction of the Scheme Administrator) be attributed to the corresponding Recognised Energy Savings Activity.

8.3 The period over which any baseline is determined under this clause 8, using electricity measurements before the Implementation Date of the Recognised Energy Savings Activity, must include one or more periods preceding the Implementation Date, excluding any time periods that are not representative of normal operating Site consumption due to factors including plant shutdown or major maintenance. The time periods used to determine the baseline must be acceptable to the Scheme Administrator.

8.4 The Accredited Certificate Provider must use utility meters or other metering equipment acceptable to the Scheme Administrator.

Note: Sub-metering may be used to effectively reduce the size of the Site considered for baseline calculations, thereby increasing Energy Savings relative to the baseline and hence the Confidence Factor.

8.5 Baseline per unit of output

Note: This Metered Baseline Method is most appropriate where electricity consumption is strongly linked to output (for example, in aluminium smelting). Where the relationship is non-linear, or there are multiple products or changes in raw materials affecting consumption, another method of normalising the baseline should be used.

Number of Certificates may be calculated using Method 1, provided that:

(a) the electricity consumption for the Site is a linear function of output;

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(b) fixed electricity consumption, which is the electricity consumption of the Site that does not vary with variations in output, can be measured or estimated;

(c) output has not changed by more than 50% from the average output over the period during which the variable electricity baseline was measured, and

(d) the variable electricity baseline is calculated using data from periods immediately preceding the Implementation Date, up to a maximum of 5 years, excluding any periods after the Implementation Date that are not representative of the long term Site consumption due to factors including plant shutdown or major maintenance. Where this is not possible, due to data unavailability or other reasons, a baseline may be set using other periods acceptable to the Scheme Administrator.

Method 1

Step (1) Select a measurement period acceptable to the Scheme Administrator, that will be the duration of time over which all measurements in this Method will be taken and that is:

(a) a minimum of one day and a maximum of one year; and

(b) if there is a regular cycle to the consumption of electricity on the Site, an integer multiple of the period of that cycle.

Step (2) Determine Energy Savings by completing steps (2A) to (2G), and for each time period Ta by reference to which the Accredited Certificate Provider seeks to create Energy Savings Certificates by repeating Steps (2E) to (3) for each such period.

Step (2A)

The fixed electricity consumption (in MWh) is the consumption of electricity for the Site that does not vary with variations in output, and is: • determined by estimating or extrapolating from measurements taken during plant downtime or estimated or determined mathematically from multiple periods; • a reasonable reflection of the consumption unaffected by output, and will lead to Energy Savings calculations that are reasonable, and • over a period Tb before Energy Savings commences and the duration of which is equal to the measurement period.

Step (2B)

Calculate variable consumptionTb (in MWh / unit of output) for n time periods Tb:

variable consumptionTb = (total consumptionTb – fixed electricity consumption) / output Tb

Where: • Tb denotes a time period, before the Implementation Date, the duration of which is equal to the measurement period, and where each time period is mutually exclusive with each other such time period • Total consumptionTb (in MWh) is the consumption of electricity for the Site measured by metering that consumption over each time period Tb • OutputTb is the number of units of output during each time period Tb

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• n is the number of time periods, Tb, where n must be at least 1

Step (2C) Calculate variable electricity baseline (in MWh / unit of output):

n Variable electricity baseline = { ¦ Variable consumptionTb} / n T =1

Step (2D) Calculate Baseline variability (in MWh / unit of output), which is the unexplained variance in the baseline, as:

• where n > 2:

Baseline variability = (Maximum variable consumptionTb – Minimum variable consumptionTb) / 2

Where: • Maximum variable consumptionTb is the maximum value of variable consumptionTb overl n time periods Tb • Minimum variable consumptionTb is the least value of variable consumptionTb over n time periods Tb

• where n 2:

Baseline variability = 10% of Variable electricity baseline

Step (2E) Calculate reduced electricity consumption (in MWh) for each time period Ta (after the Implementation Date) by reference to which the Accredited Certificate Provider seeks to create Energy Savings Certificates:

reduced electricity consumption = (OutputTa x Variable electricity baseline + fixed electricity consumption) - Total consumptionTa

Where: • Ta denotes a time period, after the Implementation Date, the duration of which is equal to the Measurement Period • Total consumptionTa (in MWh) is the consumption of electricity for the Site measured by metering that consumption over a time period Ta • OutputTa is the number of units of output during the time period Ta.

Step (2F) Calculate Confidence Factor:

Confidence Factor = 1 - (Baseline variability / Variable electricity baseline)

Step (2G) Calculate Energy Savings (in MWh) for each time period Ta by reference to which the Accredited Certificate Provider seeks to create Energy Savings Certificates:

Energy Savings = Reduced electricity consumption x confidence factor

Step (3) Calculate Number of Certificates (in t CO2-e) for each time period Ta by reference to which the Accredited Certificate Provider seeks to create Energy Savings Certificates:

If Energy Savings 0:

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Number of Certificates = Energy Savings x Certificate Conversion Factor

If Energy Savings < 0:

Number of Certificates = 0

8.6 Baseline unaffected by output

Note: This Metered Baseline Method is most appropriate where consumption is not linked to output. For example, schools and swimming pools.

Number of Certificates may be calculated using Method 2, provided that

(a) the consumption of all energy sources for the Site is independent of output; and

(b) the Electricity Baseline is calculated using data from periods immediately preceding the Implementation Date of the Recognised Energy Saving Activity, to a maximum duration of 5 years, and excluding any periods that are not representative of long term Site consumption due to factors including plant shutdown or major maintenance. Where this is not possible, due to data unavailability or other reasons, a baseline may be set using other periods acceptable to the Scheme Administrator.

Method 2

Step (1) Select a measurement period acceptable to the Scheme Administrator, that will be the duration of time over which all measurements in this Method will be taken and that is:

(a) a minimum of one day and a maximum of one year; and

(b) if there is a regular cycle to the consumption of electricity on the Site, an integer multiple of the period of that cycle.

Step (2) Determine Energy Savings by completing steps (2A) to (2E), and for each time period Ta by reference to which the Accredited Certificate Provider seeks to create Energy Savings Certificates by repeating Steps (2C) to (3) for each such period.

Step (2A) Calculate Electricity Baseline (in MWh or GJ):

n Electricity Baseline = { ¦ Total Consumption Tb} / n T =1

Where: • Tb denotes a time period, before the Implementation Date, the duration of which is equal to the Measurement Period, and where each time period is mutually exclusive with each other such time period • Total ConsumptionTb (in MWh) is the consumption of electricity for the Site measured by metering that consumption over each time periods Tb • n is the number of time periods, Tb, where n must be at least 1

Step (2B) Calculate Baseline Variability (in MWh or GJ), which is the variance in

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the baseline, as:

where n > 1:

Baseline Variability = (maximum total consumptionTb – minimum total consumptionTb) / 2

Where: • Maximum total consumptionTb is the maximum value of total consumptionTb over n time periods Tb • Minimum total consumptionTb is the least value of total consumptionTb over n time periods Tb

where n =1:

Baseline variability = 10% of electricity baseline

Step (2C) Calculate reduced electricity consumption (in MWh) for each time period Ta by reference to which the energy saver seeks to create Certificates:

Reduced electricity consumption = Electricity Baseline – Total consumptionTa

Where: • Ta denotes a time period, after the Implementation Date of the Energy Saving project, the duration of which is equal to the measurement period • Total consumptionTa (in MWh) is the consumption of electricity for the Site measured by metering that consumption over a time period Ta

Step (2D) Calculate Confidence factor:

Confidence factor = 1 - (Baseline variability / ElectricityBbaseline)

Step (2E) Calculate Energy Savings (in MWh) for each time period Ta by reference to which the Accredited Certificate Provider seeks to create Energy Savings Certificates:

• Energy Savings = Reduced electricity consumption x Confidence Factor

Step (3) Calculate Number of Certificates (in t CO2-e) for each time period Ta by reference to which the Accredited Certificate Provider seeks to create Energy Savings Certificates:

If Energy Savings 0:

Number of Certificates = Energy Savings x Certificate Conversion Factor

If Energy Savings < 0:

Number of Certificates = 0

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8.7 Normalised baselines

Note: This Metered Baseline Method normalises energy consumption for a Site to remove explainable variation from the baseline, for example, adjusting for variations in ambient conditions or variations in input characteristics. The factors chosen for the normalisation must cause the variability that is removed and not be the result of spurious correlations.

Option C of the International Performance Measurement and Verification Protocol can be used for guidance as to the normalisation of baselines, particularly for complex cases.

Number of Certificates may be calculated using Method 3, provided that

(a) the Normalisation Variables in respect of which the Total Consumption is normalised are variables corresponding to the specific activities that are a reason for change in Total Consumption; and

(b) the Normalised Energy Baseline is calculated using data from periods immediately preceding the Implementation Date, to a maximum duration of 5 years, and excluding any periods that are not representative of long term Site consumption due to circumstances such as plant shutdown or major maintenance. Where this is not possible, due to data unavailability or other reasons, a baseline may be set using other periods acceptable to the Scheme Administrator.

Method 3

Step (1) Select a Measurement Period acceptable to the Scheme Administrator, that will be the duration of time over which all measurements in this Method will be taken and that is:

(a) a minimum of one day and a maximum of one year; and

(b) if there is a regular cycle to the consumption of electricity on the Site, an integer multiple of the period of that cycle.

Step (2) Determine Energy Savings resulting from the Recognised Energy Savings Activity by completing Steps (2A) to (2F) for each time period Ta by reference to which the Accredited Certificate Provider seeks to create Energy Savings Certificates by repeating Steps (2D) to (3) for each such period.

Step (2A) Calculate Normalised consumptionTb (in MWh) for n time periods Tb by normalising the total consumptionTb to determine the consumption that would have occurred for period Tb had the conditions at time Ta existed, using:

(a) a set of normalisation coefficients, which are one or more coefficients calculated to account for the variation in total consumptionTb per unit of change for each corresponding normalisation variable used in (b); and

(b) a set of values, which are the difference between the values of the normalisation variables for each time period Tb, and the values of the normalisation variables for one time period Ta, determined by measurements or other data sources.

Where: • Tb denotes a time period, before the Implementation Date, the duration of which is equal to the Measurement Period, and where each time period is

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mutually exclusive with each other such time period • Ta denotes a time period, after the Implementation Date, the duration of which is equal to the Measurement Period • Total consumptionTb (in MWh) is the consumption of electricity for the Site measured by metering that consumption over each time period Tb • n is the number of time periods, Tb, where n must be at least 1 • Normalisation Variables are the variables in respect of which the Total ConsumptionTb is normalised and must correspond to factors that are a reason for change in Total ConsumptionTb

Step (2B) Calculate Normalised Energy Baseline(in MWh):

n Normalised Energy Baseline = { ¦ Normalised ConsumptionTb} / n T =1

Step (2C) Calculate Baseline Variability (in MWh), which is the unexplained variance in the baseline, as:

where n > 1:

Baseline Variability = (Maximum Normalised ConsumptionTb – Minimum Normalised ConsumptionTb) / 2

Where: • Maximum Normalised ConsumptionTb is the maximum value of Normalised ConsumptionTb over n time periods Tb • Minimum Normalised ConsumptionTb is the least value of Normalised ConsumptionTb over n time periods Tb

where n =1:

Baseline Variability = 10% of Normalised Energy Baseline

Step (2D) Calculate reduced electricity consumption (in MWh for each time period Ta by reference to which the energy saver seeks to create Certificates:

Reduced electricity consumption = normalised electricity baseline – total consumption Ta

Where: • Ta denotes a time period, after the Implementation Date, the duration of which is equal to the Measurement Period • Total ConsumptionTa (in MWh) is the consumption of electricity for the Site measured by metering that consumption over a time period Ta

Step (2E) Calculate Confidence Factor:

Confidence Factor = 1 - (Baseline Variability / Normalised electricity baseline)

Step (2F) Calculate Energy Savings (in MWh) for each time period Ta by reference to which the Accredited Certificate Provider seeks to create Energy Savings Certificates:

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Energy Savings = reduced electricity consumption x confidence factor

Step (3) Calculate Number of Certificates (in t CO2-e) for each time period Ta by reference to which the Accredited Certificate Provider seeks to create Energy Savings Certificates:

If Energy Savings 0:

Number of Certificates = Energy Savings x Certificate Conversion Factor

If Energy Savings < 0:

Number of Certificates = 0

8.8 National Australian Built Environment Rating System baseline

Note: This Metered Baseline Method is one acceptable method for normalising baselines for New NABERS Buildings or Existing NABERS Buildings – which use the National Australian Built Environment Rating System (NABERS) for measuring building energy performance.

8.8.1 Number of Certificates may be calculated using Method 4a only for Existing NABERS Buildings or Method 4b New NABERS Buildings.

Method 4a – Existing Buildings

Step (1) The Measurement Period is the duration of time over which all measurements in this Method will be taken and is twelve months.

The Abatement period Ta denotes a time period, after the Implementation Date, the duration of which is equal to the Measurement Period.

The Baseline period Tb denotes a time period, before the Implementation Date, the duration of which is equal to the Measurement Period.

Step (2) Emissions Baseline EBTa for the Abatement Period Ta (in kg CO2-e / Common Unit) is calculated as

EBTa =GETb*(GETa/NETa)/(GETb/NETb) – for offices

EBTa =GETb*(PMTa/PMTb) – for other building types

Where:

The Common Unit CUTx in Measurement Period Tx is:

• For Offices: Area (m²) of rated floor area as assessed under NABERS Energy for Offices, based on Net Lettable Area, in Measurement Period Tx;

• For Hotels: Number of guest rooms as assessed under NABERS Energy for Hotels in Measurement Period Tx;

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• For Shopping Centres: Area (m²) of the shopping centre as assessed under NABERS Energy for Shopping Centres, based on Gross Lettable Area, in Measurement Period Tx

The Gross Emissions GETx is the gross emissions per common unit in Measurement Period Tx calculated using the relevant NABERS calculator with all electricity counted as grid electricity corrected to use the Certificate Conversion Factor instead of the NABERS default emission factor and with no discount for GreenPower and all other fuel uses included using the applicable NABERS default emissions factors.

The Normalised Emissions NETx is the gross emissions per common unit in Measurement Period Tx calculated using the relevant NABERS Office calculator with all electricity counted as grid electricity corrected to use the Certificate Conversion Factor instead of the NABERS default emission factor and with no discount for GreenPower and all other fuel uses included using the applicable NABERS default emissions factors.

The Predicted Mean Emissions PMTx is the predicted mean emissions for the site from the NABERS Calculator with all electricity counted as grid electricity corrected to use the Certificate Conversion Factor instead of the NABERS default emission factor and all other fuel uses included using the applicable NABERS default emissions factors, using the input data relevant to Measurement Period Tx.

Step (3) Calculate the Energy Savings ESTa in MWh the Abatement Period Ta as:

ESTa= (EBTa - GETa)/(1000*Certificate Conversion Factor)

Step (4) Set Confidence Factor CF = 0.95

Step (5) Calculate Number of Certificates (in t CO2-e):

If Energy Savings 0:

Number of Certificates = ESTa.CUTa.CF.(Certificate Conversion Factor)

If Energy Savings < 0:

Number of Certificates = 0

Method 4b New Buildings

Step (1) The Measurement Period is the duration of time over which all measurements in this Method will be taken and is twelve months.

The Abatement period Ta denotes a time period, after the Implementation Date, the duration of which is equal to the Measurement Period, and where each time period is mutually exclusive with each other such time period

Step (2) Emissions Baseline EBTa for the Abatement Period Ta (in kg CO2-e / Common Unit) is

• For offices: EBTa=NEtarget*(GETa/NETa)*(GETa/GEDTa)

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• For other building types: EBTa =GEtarget

Where the target star rating is the higher of:

• NABERS 4 star; or

• The NABERS rating required for the building by a consent authority, as that term is defined in the Environmental Planning and Assessment Act 1979,

Where:

The Common Unit CUTx in Measurement Period Tx is:

• For Offices: Area (m²) of rated floor area as assessed under NABERS Energy for Offices, based on Net Lettable Area, in Measurement Period Tx;

• For Hotels: Number of guest rooms as assessed under NABERS Energy for Hotels in Measurement Period Tx;

• For Shopping Centres: Area (m²) of the shopping centre as assessed under NABERS Energy for Shopping Centres, based on Gross Lettable Area, in Measurement Period Tx

The Gross Emissions (Default) GEDTx is the gross emissions per common unit in Measurement Period Tx calculated using the relevant NABERS calculator with all other fuel uses included using the applicable NABERS default emissions factors but with no discount for GreenPower and.

The Normalised Emissions NETx is the normalised emissions per common unit in Measurement Period Tx calculated using the relevant NABERS Office calculator with all electricity counted as grid electricity corrected to use the Certificate Conversion Factor instead of the NABERS default emission factor and with no discount for GreenPower and all other fuel uses included using the applicable NABERS default emissions factors.

The Normalised Emissions Default for “target” stars NEtarget is the threshold (highest normalised emissions per m²) for a “target” star rating for an office calculated using the relevant NABERS Office calculator with the applicable NABERS default emissions factors.

The Gross Emissions for “target” stars GEtarget is the threshold (highest emissions per m²) for a “target” star rating for buildings other than offices, calculated using the relevant NABERS calculator with all electricity counted as grid electricity corrected to use the Certificate Conversion Factor instead of the NABERS default emission factor and with no discount for GreenPower and all other fuel uses included using the applicable NABERS default emissions factors.

Step (3) Calculate the Energy Savings ESTa in MWh the Abatement Period Ta as:

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ESTa= (EBTa - GETa)/(1000*Certificate Conversion Factor)

Step (4) Calculate Number of Certificates (in t CO2-e):

If Energy Savings 0:

Number of Certificates = ESTa.CUTa.(Certificate Conversion Factor)

If Energy Savings < 0:

Number of Certificates = 0

8.8.2 For the purposes of section 131(4) of Division 7 of the Act, the Energy Savings in respect to the Number of Certificates as calculated in clause 8.8.1 are deemed to have occurred at the time that the relevant NABERS rating was completed (“Deemed Time”), provided that the rating was completed with three months of the end of the Measurement Period Tx for which energy savings is being claimed.

Note: Due to clause 8.8.2, an Accredited Certificate Provider may create Energy Savings Certificate within 6 months of the end of the year in which the Deemed Time occurred.

8.8.3 For the purposes of clause 8.8.2, the Scheme Administrator may in its discretion determine when a NABERS rating is considered to have been completed.

9 Deemed Energy Savings Method

Note: The Deemed Energy Savings Method can be used for the installation of common End- User Equipment such as refrigerators and certain electric motors. A program of installing multiple End-User Equipment of the same type is considered a single Recognised Energy Savings Activity.

The Deemed Energy Savings in Tables 1 to 15 in Schedule A take account of failures or removal of an item after the Implementation Date and before the end of its normal service life.

9.1 Using the Deemed Energy Savings Method, Number of Certificates is calculated under:

(a) clause 9.3, using Default Savings Factors;

(b) clause 9.4, using the Commercial Lighting Energy Savings Formula;

(d) clause 9.6, using the Power Factor Correction Energy Savings Formula;

provided that all of the Energy Savings Certificates that the Accredited Certificate Provider seeks to create in respect of Recognised Energy Savings Activity can reasonably be attributed to the corresponding Energy Savings.

9.2 Where the Number of Certificates is calculated using the Deemed Energy Savings Method in this clause 9, the Energy Savings that is the subject of that calculation is deemed to have taken

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place (for the purpose of the entitlement to create Certificates but not for any other purpose) on the later of:

(a) 1 July 2009; and

(b) the relevant Implementation Date

9.3 Default Savings Factors

Note: This default Deemed Energy Savings Method for Recognised Energy Savings Activities that involve the installation or supply of End-User Equipment types listed in Tables 1 to 8 of Schedule A. This includes the replacement of halogen down-lights with energy efficient alternatives; the sale or purchase of energy efficient clothes washers, dishwashers, fridges or freezers, retirement of old spare fridges and freezers, and installation of low flow shower roses.

The Number of Certificates may be calculated using Equation 4, provided that:

(a) the End-User Equipment or activity is

(i) of a class of End-User Equipment or activity listed in Tables 4, 5, 6, 7, or 8; and

(ii) the Scheme Administrator is satisfied that the specific End-User Equipment meets the requirements for the relevant class of End-User Equipment or activity, or.

(b) the End-User Equipment or activity is

(i) of a class of End-User Equipment or activity listed in Tables 1, 2 or 3; and

(ii) the Scheme Administrator is satisfied that for any activity involving the replacement of 50W ELV halogen lamps with another type of Lamp or Luminaire, each type of replacement Lamp or Luminaire shall have an initial light output of 500 lumens and minimum Lumen Maintenance of 80% as determined by testing using a method approved by the Scheme Administrator (note that in the case of replacements for 50W ELV halogen reflector Lamps, light output refers only to Downward Light); and

(iii) if the activity involves the modification or replacement of electrical wiring, the activity is performed by an electrician.

Equation 4

Number of Certificates = Number of End-User Equipment or activities x Default Savings Factor x Installation Discount Factor x Certificate Conversion Factor

Where: • Number of Certificates is in t CO2-e • Number of End-User Equipment or activities is the quantity of a certain type of End-User Equipment that has been installed or activities that have been undertaken • Default Savings Factor is the Default Energy Savings Factor corresponding to that type of End-User Equipment or activity in Table 1 to 8 of Schedule A to this Rule • Installation Discount Factor is a factor to be applied to take account of the risk that under a particular program design some End-User Equipment may not be installed,

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and is: • 1.0, if the Scheme Administrator is satisfied that the End-User Equipment has been installed, which may be on the basis of a written statement from an appropriately trained person who performed the installation or contractor invoices; or • if the Scheme Administrator is satisfied that a person has purchased and has taken possession of the End-User Equipment for the purposes of being installed, but does not have sufficient evidence to be satisfied that the End-User Equipment has been installed the Installation Discount Factor is the Sales Discount Factor for the activity set out in Tables 1 to 8; or • 0.0, if the Scheme Administrator is satisfied that the End-User Equipment was provided free of charge, but does not have sufficient evidence to be satisfied that the End-User Equipment has been installed; or • another value approved by the Scheme Administrator. • An Installation Discount Factor value approved by the Scheme Administrator for the above purpose applies in the circumstances specified by the Scheme Administrator; and may be submitted by an applicant or Accredited Certificate Provider, or determined and imposed by the Scheme Administrator of its own volition. • In this Equation, a reference to the risk of End-User Equipment not being installed means the risk of the item not being installed either at all or for the End-User Equipment to be installed in New South Wales, not installed in New South Wales or for the End-User Equipment to be installed in another jurisdiction under an Approved Corresponding Scheme, not installed in that jurisdiction.

9.4 Commercial Lighting Energy Savings Formula

Notes: This default Deemed Energy Savings Method is for Recognised Energy Savings Activities that only involve Energy Savings attributable to commercial lighting upgrades.

For example, if End-User Equipment is the subject of a Recognised Energy Savings Activity under the Metered Baseline Method which results in Energy Savings due to a commercial lighting upgrade, Energy Savings Certificates can only calculated using the Metered Baseline Method.

Accredited Certificate Providers will not have to manually calculate the Number of Certificates using the below Equations. These Equations and the default inputs in Tables 9 and 10 will be incorporated into an electronic Commercial Lighting Calculation Tool which will be made available on a public website. This Commercial Lighting Calculation Tool will enable the simple calculation of the Number of Certificates from Energy Savings.

The Number of Certificates may be calculated using Equations 5, 6, 9 and either Equations 7 or 8 as appropriate, provided that the End-User Equipment or activity is listed in Table 9.

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Equation 5

Number of Certificates = Energy Savings x Certificate Conversion Factor

Where: • Number of Certificates is in t CO2-e • Energy Savings is in MWh, and is calculated using Equation 6

Equation 6 Energy Savings = Baseline Energy Consumption - Upgrade Energy Consumption

Where: • Baseline Energy Consumption is in MWh, and is calculated using Equation 7, if the lighting upgrade is part of a site refurbishment that is not required to comply with the Building Code of Australia Part J6, or using Equation 8 if the lighting upgrade is part of a refurbishment that is required to comply with the Building Code of Australia Part J6 • Upgrade Energy Consumption is in MWh, and is calculated using Equation 9

Equation 7 Baseline Energy Consumption (MWh) =

Ȉ Each Incumbent Lamp ( LCP x Asset Lifetime x Annual Operating Hours x CM x AM )÷106

Where: • Each Incumbent Lamp means each lamp and control gear in the pre-existing lighting system. • LCP is the default lamp circuit power (Watts) Factor corresponding to that Type of Lamp and Control Gear for that End-User Equipment or activity as in Table 9 of Schedule A to this Rule, representing the power drawn by the lamp, plus the losses of its control gear (which are pro-rata if the control gear supplies multiple lamps). • Asset Lifetime is the default lifetime of the lighting upgrade in years for the relevant End-User Equipment or activity as in Table 10 of Schedule A to this Rule, • Annual Operating Hours is the default number of hours per annum that the upgraded lighting system is expected to operate for the relevant End-User Equipment or activity as in Table 10 of Schedule A to this Rule. • CM is the control multiplier. If the lamp is connected to a control system, the factor for the control multiplier shall be applied for the relevant End-User Equipment or activity as in Table 10 of Schedule A to this Rule, otherwise CM = 1.0. • AM is the air conditioning multiplier. If the lamp is installed in an air-conditioned space, a multiplier of 1.3 shall be applied, otherwise AM = 1.0.

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Equation 8 Baseline Energy Consumption (MWh)=

Ȉ Each Space ( IPD x Area x Asset Lifetime x Annual Operating Hours x CM x AM )÷106 Where: • Each Space means each portion of space within the site requiring a different illumination power density (IPD) as defined in Part J6 of the Building Code of Australia. • IPD is the maximum allowable illumination power density for each space (in Watts/m2), as required by Table J6.2b of the Building Code of Australia. For simplicity, the Scheme Administrator may aggregate similar IPDs in the Commercial Lighting Energy Savings Formula. The IPD should not be adjusted by the adjustment factors tabled in Table 6.2c of the Building Code of Australia. • Area is the area of Each Space in m2. • Asset Lifetime is the default lifetime of the lighting upgrade in years for the relevant End-User Equipment or activity as in Table 10 of Schedule A to this Rule. • Annual Operating Hours is the default number of hours per annum that the upgraded lighting system is expected to operate for the relevant End-User Equipment or activity as in Table 10 of Schedule A to this Rule. • CM is the control multiplier. If the lamp is connected to a control system, the factor for the control multiplier shall be applied for the relevant End-User Equipment or activity as in Table 10 of Schedule A to this Rule, otherwise CM = 1.0. • AM is the air conditioning multiplier. If the lamp is installed in an air-conditioned space, a multiplier of 1.3 shall be applied, otherwise AM = 1.0.

Equation 9 Upgrade Energy Consumption (MWh) =

Ȉ Each Upgrade Lamp ( LCP x Asset Lifetime x Annual Operating Hours x CM x AM ) ÷106

Where: • Each Upgrade Lamp means each lamp and control gear in the upgraded lighting system. • LCP is the default lamp circuit power (Watts) Factor corresponding to that Type of Lamp and Control Gear for that End-User Equipment or activity as in Table 9 of Schedule A to this Rule, representing the power drawn by the lamp, plus the losses of its control gear (which are pro-rata if the control gear supplies multiple lamps). • Asset Lifetime is the default the lifetime of the lighting upgrade in years for the

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relevant End-User Equipment or activity as in Table 10 of Schedule A to this Rule. • Annual Operating Hours is the default the number of hours per annum that the upgraded lighting system is expected to operate for the relevant End-User Equipment or activity as in Table 10 of Schedule A to this Rule. • CM is the control multiplier. If the lamp is connected to a control system, the factor for the control multiplier shall be applied for the relevant End-User Equipment or activity as in Table 10 of Schedule A to this Rule, otherwise CM = 1.0. AM is the air conditioning multiplier. If the lamp is installed in an air-conditioned space, a multiplier of 1.3 shall be applied, otherwise AM = 1.0.

9.5 High Efficiency Motor Energy Savings Formula

Note: This default Deemed Energy Savings Method is for Recognised Energy Savings Activities that only involve Energy Savings attributable to the sale or installation of one or more High Efficiency Motors.

This method can not be used in conjunction with the Project Impact Assessment or the Metered Baseline Method. As outlined in the Act, Energy Savings Certificates cannot be created for the same activity more than once. For example, if an End-User Equipment is the subject of a Recognised Energy Savings Activity under the Metered Baseline Method, which results in Energy Savings due to a commercial lighting upgrade, Energy Savings Certificates can only calculated using the Metered Baseline Method.

The Number of Certificates may be calculated using Equation 10 and Equation 11, provided that the motor is a High Efficiency Motor.

Equation 10

Number of Certificates = Energy Savings x Certificate Conversion Factor

Where: • Number of Certificates is in t CO2-e • Energy Savings is in MWh, and is calculated using Equation 11

Equation 11

Energy Savings = P x LUF x DEI x t x 8766 ÷ 1000

Where: • P is the rated output of the High Efficiency Motor (kW) • LUF is the combined load and utilisation factors (including confidence factors) for the relevant High Efficiency Motor as in Table 12 or Table 13 of Schedule A to this Rule • DEI is the default efficiency improvement (as a fraction, not as a percentage) for the relevant High Efficiency Motor as in Table 11 of Schedule A to this Rule • t is the lifetime of the High Efficiency Motor (years) as set out in Table 14 for the corresponding Rated Output of the High Efficiency Motor.

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9.6 Power Factor Correction Energy Savings Formula

Note: This default Deemed Energy Savings Method is for Recognised Energy Savings Activities that only involve Energy Savings attributable to the reduced losses from the installation of Power Factor Correction (PFC) equipment.

The Electricity Service and Installation Rules of NSW require the power factor of a site to be a minimum of 0.9 lagging. As such, certificates can be generated only by the implementation of PFC which increases the power factor of a site above 0.9 to a maximum of 0.98.

The Number of Certificates created through the implementation of power factor correction at a site may be calculated using Equation 12 and Equation 13.

Equation 12

Number of Certificates = Energy Savings x Certificate Conversion Factor

Where: • Number of Certificates is in t CO2-e • Energy Savings are the savings in MWh occurring over the default lifetime of the PFC equipment calculated using Equation 14

Equation 13

Energy Savings = ( 0.1205 x (1.2346 – (1/(Power Factor after installation of PFC capacitors)2 )– 0.0042 ) x (Rating of installed capacitors)

Where:

• Energy Savings is in MWh per annum • Rating of Installed PFC Capacitors is in kVAr and is rating of capacitors (PFC) installed to improve the power factor of the Site from 0.9 up to a maximum of 0.98 provided PFC is: o Not being installed as part of a mandatory program or installation o A central or global based PFC installation o A new installation o Installed on the low voltage distribution network o Not a replacement of old equipment • Default lifetime of equipment is 10 years • Power Factor after installation of PFC capacitors is the calculated power factor based on the measured maximum demand of the installation (kW) and the reactive power still required to bring the power factor of the installation to unity after installation of the PFC capacitors.

Note: The Default Lifetime for which Energy Savings may be claimed commences from the date the PFC equipment is installed. For example, where an application concerning a PFC installation is lodged 2 years after the PFC equipment was installed, only 8 years of Energy Savings may be claimed.

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Energy Saving Rule of 2009 Effective from 1 July 2009

10 Definitions and Interpretation

10.1 In this Rule:

“Accredited Certificate Provider” means a person accredited to create Energy Savings Certificates under clause 5 of this Rule.

“Act” means the Electricity Supply Act 1995.

“Approved Corresponding Scheme” means and Approved Corresponding Scheme as defined in section 127 of the Act.

“AS/NZS 1359.5-2004” means the Standard set out in the most recent published version of the Australian Standard 1359 - Rotating electrical machines—General requirements, Part 5 - Three- phase cage induction motors—High efficiency and minimum energy performance standards requirements, as amended from time to time.

“Ballast EEI” means the ballast energy efficiency index as defined in AS/NZS 4783.2

“CCFL” means a cold cathode compact fluorescent lamp.

“Certificate Conversion Factor” is defined in section 130 of the Act.

“CFL” means compact fluorescent lamp.

“CFLi”: means a compact fluorescent lamp with integral ballast.

“CFLn” means a compact fluorescent lamp with non-integral ballast.

“CMH:” means a ceramic metal halide lamp.

“Control Gear” means the lighting ballast or transformer.

“Control System” means a system for controlling the light output of a Luminaire, including:

(a) occupancy sensor;

(b) daylight-linked control;

(d) manual dimming.

“Daylight-Linked Control” means Luminaire light output varied automatically by a photoelectric cell to compensate for the availability of daylight. Luminaire must be located close to a significant source of daylight.

“Default Load Utilisation Factor” is a composite of a deemed load factor and a deemed utilisation factor for HEMs, as set out in Table 12 or Table 13 of this Rule.

“Distribution System” means a “distribution system” (as that term is defined in the National Electricity Law) in respect of which a person is registered as a “Network Service Provider” under the National Electricity Law.

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Energy Saving Rule of 2009 Effective from 1 July 2009

“Downward light” means the light output (measured in lumens) emitted in the downwards direction; i.e. this is equivalent to the light output from a Lamp or Luminaire when installed flush with a ceiling.

“DSF” means Default Savings Factor, as per clause 9.3 of this Rule

“EEI” means the ballast energy efficiency index as defined in AS/NZS 4783.2

“ELV” means extra low voltage, typically not exceeding 50 V AC.

“End-User Equipment” means electricity consuming equipment, processes, or systems, including the equipment directly consuming electricity, and other equipment that causes, controls or influences the consumption of electricity, and includes (in the context of clause 8.8) a New NABERS Building.

“Energy Savings” means the amount of electricity consumption reduction arising from the undertaking of a Recognised Energy Savings Activity as calculated by the approved calculation method in clauses 7, 8 or 9 of this Rule.

“Energy Savings Certificate” is a transferable Certificate under part 9 of the Act, which is created in accordance with this Rule.

“Energy Star Rating” means an Energy Star Rating as defined in:

(a) the standard set out in the most recent published version of the Australian Standard AS/NZS 4474.2-2009 for refrigerators and freezers;

(b) the standard set out in the most recent published version of the Australian Standard AS/NZS2040.2-2005 for clothes washers; or

(c) the standard set out in the most recent published version of the Australian Standard AS/NZS2007.2-2005 for dishwashers.

“Existing NABERS Building” means an NABERS Building which was first occupied prior 1 July 2009.

“Group” in the context of Table 8 in Schedule A of this Rule, means a class of refrigerator or freezer as defined in AS/NZS 4474.1-2007.

“High Efficiency Motor” (HEM) is an electric motor meeting the high efficiency requirements of AS/NZS 1359.5 (0.73 to <185kW).

“HPS” means a high pressure sodium lamp.

“Implementation Date” means the date on which the Energy Savings from the Recognised Energy Savings Activity commences or occurs. In the case of a single Recognised Energy Savings Activity that involves multiple End-User Equipment or occurs across multiple Sites, it means the date on which the Energy Savings resulting from the first End-User Equipment at the first Site commences or the Energy Savings at the first Site occurs. And in relation to any particular End-User Equipment forming part of a Recognised Energy Savings Activity where the Number of Certificates is calculated using the Deemed Energy Savings Method, the following date (as relevant):

(a) in the case of an Installation Discount Factor of 1.0, the date on which the End-User Equipment was installed;

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Energy Saving Rule of 2009 Effective from 1 July 2009

(b) in the case of an Installation Discount Factor of less than 1.0, the date on which the End-User Equipment is sold to or otherwise received by an end-user who intends to install it or ensure that it is installed.

“IPD” means the illumination power density as defined in the Building Code of Australia part J6.

“Lamp” means the source of artificial optical radiation.

“Lamp Life” means the lifetime of the lamp, expressed in hours, as determined by testing using a method approved by the Scheme Administrator.

“LCP” means lamp circuit power. The power drawn by a single lamp and its associated Control Gear. Control Gear losses are pro-rata if the control gear supplies multiple lamps.

“LED” means light emitting diode.

“LUF” means Default Load Utilisation Factor

“Lumen maintenance” means the ratio of maintained light output (measured after 2000 hours of operation) to initial light output (measured after 100 hours of operation). Note that in the case of replacements for 50W ELV halogen reflector lamps, light output refers only to Downward Light.

“Luminaire” means the apparatus which distributes, filters or transforms the light transmitted from a light source, including lamp(s), control gear and all components necessary for fixing and protecting the lamps.

“Luminous Flux” means the light power emitted by a source, as defined by the International Commission on Illumination (CIE).

“Manual Dimming” means Luminaire light output controlled by a knob, slider or other mechanism or where pre-selected light levels (scenes) are manually selected.

“NABERS” means the National Australian Built Environment Rating System methodology.

“NABERS Building” means a building that can be rated under NABERS, as determined by the NABERS National Administrator.

“NABERS Rating Holder” means the person who is the customer in respect of the rating for a NABERS Building as determined by the NABERS National Administrator.

“New End-User Equipment” means End-User Equipment where no End-User Equipment of the same type, function, output or service was previously in its place (but does not include additional components installed in the course of modifying existing End-User Equipment), but (in the context of clause 8.8) does not include a New NABERS Building.

“New NABERS Building” means an NABERS Building which was first occupied on or after 1 July 2009.

“Nominal Lamp Power” means the manufacturer’s rated value for power drawn by a single lamp

“NLP” means nominal lamp power.

“NSW Electricity Network” means all electricity Transmission Systems and Distribution Systems located in New South Wales.

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Energy Saving Rule of 2009 Effective from 1 July 2009

“Number of Certificates” means the number of Energy Savings Certificates to be created by an Accredited Certificate Provider for Energy Savings calculated in accordance with the methods sets out in clause 7, 8 or 9 (as the case may be).

“Occupancy sensor” means Luminaires switched on and off by a motion sensor that detects the presence of occupants. Each occupancy sensor to must control a maximum of 6 Luminaires.

“Programmable Dimming” means Luminaire light output controlled by pre-selected light levels (scenes) which are automatically selected according to time of day, photoelectric cell or occupancy sensor. Scenes must reduce lighting power.

“Project Impact Assessment Method” means the method in clause 7

“REC” means a renewable energy certificate as defined in s 97AB of the Act.

“Recognised Energy Savings Activity” has the meaning given to that term in clause 5.3 and excludes the activities listed in clause 5.4.

“Regulations” means regulations made pursuant to Part 9 of the Act.

“Scheme Administrator” is defined in Part 9 Division 11 of the Act.

“Site” means all End-User Equipment for which the electricity consumed is measured by the same utility meter allocated a National Meter Identifier (NMI) under the National Electricity Rules, or by other meters or logging devices measuring a part of this site, and approved by the Scheme Administrator (whether alone or in combination with the utility meter).

Note: Meters other than utility meters that measure part of the consumption of a Site can be used to “sub-meter” consumption related to Energy Savings. In this case, the Site would become only that part of the End-User Equipment that has its consumption recorded by that meter, provided it meets the requirement of the Scheme Administrator.

Meters other than “utility” meters (those allocated a NMI) can only be used to sub-meter loads within an individual Site, not aggregate several Sites.

“Statutory Requirement” means any mandatory legal requirement imposed through a statutory or regulatory instrument of any originating jurisdiction, including but not limited to compliance with BASIX and Building Code of Australia requirements.

“T5 Adaptor” is a kit that will modify a T8 or T12 Luminaire to suit a T5 lamp without the need for internal re-wiring of the Luminaire.

“Transmission System” is a “transmission system” (as that term is defined in the National Electricity Law) in respect of which a person is registered as a “Network Service Provider” under the National Electricity Law.

“VRU”: means voltage reduction unit, used to reduce voltage to a lighting system.

“WELS Rating” means the star rating assigned under the WELS Scheme, in respect of a product that complies with all registration, labelling and other legal requirements under that Scheme, and “WELS Rated” has a corresponding meaning.

“WELS Scheme” means the Water Efficiency Labelling and Standards Scheme established under the Water Efficiency Labelling and Standards Act 2005 (Cth) and corresponding State-Territory laws.

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Energy Saving Rule of 2009 Effective from 1 July 2009

10.2 Notes in this Rule do not form part of the Rule.

10.3 In the event that the Number of Certificates is not a whole number, the Number of Certificates is taken to be rounded down to a whole number.

10.4 For the purpose of this Rule the terms and expressions used in this Rule have the same meaning as in the Act or as defined in Part 9 of the Act, except the terms that are expressly defined in this Rule.

10.5 A reference to accreditation in respect of a Recognised Energy Savings Activity means accreditation in respect of Energy Savings from that Recognised Energy Savings Activity.

10.6 A reference in clause 1.3 to the commencement of this Rule includes a reference to the commencement of any particular provision of this Rule that commences at a different time from the rest of the Rule.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3930 OFFICIAL NOTICES 3 July 2009

Energy Saving Rule of 2009 Effective from 1 July 2009

Schedule A – Default Savings Factors and supporting information

Table 1: Replacement of 50W ELV halogen lamp with 35W halogen lamp Activity Lamp Life of Replacement Lamp DSF Sales Discount (hours) (MWh) Factor

4000 0.07 0.8

5000 0.09 0.8 Replacement of 50W ELV halogen lamp with 35W ELV halogen lamp 6000 0.11 0.8

10000 0.17 0.8

Table 2: Replacement of 50W ELV halogen lamp and magnetic transformer with 35W ELV halogen lamp and electronic transformer Activity Lamp Life of Replacement Lamp DSF Sales Discount (hours) (MWh) Factor Replacement of 50W ELV halogen lamp and magnetic transformer with 35W ELV halogen lamp 4000 0.15 0.8 and electronic transformer – Residential 5000 0.17 0.8

6000 0.18 0.8

10000 0.25 0.8 Replacement of 50W ELV halogen lamp and magnetic transformer with 35W ELV halogen lamp 4000 0.33 0.8 and electronic transformer – Commercial 5000 0.34 0.8

6000 0.36 0.8

10000 0.42 0.8

Table 3: Replacement of 50W a halogen lamp and transformer with CFL, CCFL, LED or CMH lamp with lifetime 10,000 hours Activity Total Power Drawn by Replacement DSF Sales Discount Lamp and any Connected Control (MWh) Factor - Gear (Watts) Replacement of a 50W halogen ELV lamp and 10 0.50 0.9 transformer with a CFL, CCFL, LED or CMH, 11 to 15 0.45 0.9 which has a Lamp Life of 10,000 hours 16 to 20 0.40 0.9 21 to 25 0.35 0.9 26 to 30 0.30 0.9

Table 4: Shower rose replacement Activity DSF Sales Discount (MWh) Factor Replace an existing unrated shower rose or an existing shower rose with a rating < 3 Star WELS Rating with an ultra low flow shower rose (3 Star WELS Rating with a nominal flow rate of 6 3.3 0.4 litres/minute), and where the hot water system to which it is connected is an electric resistance water heater. Replace an existing unrated shower rose or an existing shower rose with a rating < 3 Star WELS Rating with a low flow shower rose (3 Star WELS Rating with a nominal flow rate > 6 2.0 0.4 litres/minute), and where the hot water system to which it is connected is an electric resistance

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Energy Saving Rule of 2009 Effective from 1 July 2009

water heater.

Table 5: Purchase of new high efficiency Clothes Washers

Activity Energy Star Rating of New Clothes DSF Sales Discount Washer (MWh) Factor Purchase of a new Top Loader Clothes Washer 3.0 0.8 1.0 3.5 1.2 1.0 4.0 1.5 1.0 4.5 1.8 1.0 5.0 2.0 1.0 5.5 2.2 1.0 6.0 2.4 1.0 Purchase of a new Front Loader Clothes Washer 4.5 1.9 1.0 5.0 2.1 1.0 5.5 2.3 1.0 6.0 2.4 1.0

Table 6: Purchase of a new high efficiency Dishwasher

Activity DSF Sales Discount Energy Star Rating of New Dishwasher (MWh) Factor Purchase of a high efficiency Dishwasher with 4 – 4.0 0.1 1.0 7.99 place settings 4.5 0.2 1.0 5.0 0.3 1.0 5.5 0.4 1.0 Purchase of a high efficiency Dishwasher with 8 - 3.5 0.3 1.0 11.99 place settings 4.0 0.5 1.0 4.5 0.7 1.0 5.0 0.8 1.0 5.5 1.0 1.0 Purchase of a high efficiency Dishwasher with > 12 3.5 0.4 1.0 place settings 4.0 0.7 1.0 4.5 0.9 1.0 5.0 1.2 1.0 5.5 1.3 1.0

Table 7: Destruction of refrigerator or freezer built before 1996 Activity Type of Appliance DSF Sales Discount Removed (MWh) Factor Permanent removal of spare refrigerator that is built before 1996, 200 1-door refrigerator 4.5 1.0 litres or greater in gross volume, in working order and in regular use but 2-door refrigerator not providing the primary refrigeration service of a household, on removal, for disposal and destruction, with appropriate disposal of 6.5 1.0 refrigerant. Permanent removal of spare freezer that is built before 1996, 200 litres or Chest 3.3 1.0 greater in gross volume, in working order and in regular use but not Vertical providing the primary refrigeration service of a household, on removal, 5.2 1.0 for disposal and destruction, with appropriate disposal of refrigerant. Permanent removal of Primary operating refrigerator built before 1996, 1-door refrigerator 2.2 1.0 greater than 200 Litres in capacity and replacement with Higher 2-door refrigerator Efficiency refrigerator 3.4 1.0 Permanent removal of Primary operating freezer built before 1996, and Chest 1.4 1.0 replacement with Higher Efficiency freezer Vertical 3.0 1.0

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Energy Saving Rule of 2009 Effective from 1 July 2009

Table 8: Purchase of new high efficiency refrigerator or freezer Activity Energy Star Rating of new refrigerator DSF Sales Discount or freezer (MWh) Factor

Purchase of high efficiency refrigerator 1 door 6.5 0.3 1.0 (Group 1) with a capacity of 299 litres or less 7.0 0.5 1.0 Purchase of high efficiency refrigerator 1 door 6.5 0.4 1.0 (Group 1) with a capacity 300 litres or more 7.0 0.6 1.0 Purchase of new high efficiency refrigerator - 2 door 4.5 0.3 1.0 (Groups 4, 5T, 5B, 5S) with a capacity of 299 litres 5.0 0.7 1.0 or less 5.5 1.0 1.0 6.0 1.2 1.0 6.5 1.5 1.0 7.0 1.7 1.0 Purchase of new high efficiency refrigerator - 2 door 4.5 0.4 1.0 (Groups 4, 5T, 5B, 5S) with a capacity of between 5.0 0.9 1.0 300-499 litres 5.5 1.3 1.0 6.0 1.7 1.0 6.5 2.0 1.0 7.0 2.3 1.0 Purchase of new high efficiency refrigerator - 2 door 4.5 0.5 1.0 (Groups 4, 5T, 5B, 5S) with a capacity of 500 litres 5.0 1.1 1.0 or more 5.5 1.7 1.0 6.0 2.1 1.0 6.5 2.5 1.0 7.0 2.9 1.0 Purchase of high efficiency chest freezer (Group 6C) 3.5 0.7 1.0 with a capacity of -299 litres or less 4.0 1.2 1.0 4.5 1.7 1.0 5.0 2.1 1.0 5.5 2.5 1.0 6.0 2.8 1.0 6.5 3.1 1.0 7.0 3.4 1.0 Purchase of high efficiency chest freezer (Group 6C) 3.5 1.0 1.0 with a capacity of\ between 300-499 litres 4.0 1.8 1.0 4.5 2.5 1.0 5.0 3.2 1.0 5.5 3.7 1.0 6.0 4.2 1.0 6.5 4.6 1.0 7.0 5.0 1.0 Purchase of high efficiency chest freezer (Group 6C) 3.5 1.3 1.0 with a capacity of 500 litres or more 4.0 2.3 1.0 4.5 3.2 1.0 5.0 3.9 1.0 5.5 4.6 1.0 6.0 5.2 1.0 6.5 5.7 1.0 7.0 6.2 1.0

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Energy Saving Rule of 2009 Effective from 1 July 2009

Purchase of high efficiency vertical freezer (Group 4.5 0.4 1.0 6U & 7) with a capacity of 299 litres or less 5.0 0.9 1.0 5.5 1.3 1.0 6.0 1.6 1.0 6.5 1.9 1.0 7.0 2.1 1.0 Purchase of high efficiency vertical freezer (Group 4.5 0.6 1.0 6U & 7) with a capacity of between 300-499 litres 5.0 1.3 1.0 5.5 1.8 1.0 6.0 2.3 1.0 6.5 2.7 1.0 7.0 3.1 1.0 Purchase of high efficiency vertical freezer (Group 4.5 0.8 1.0 6U & 7) with a capacity of 500 litres or more 5.0 1.6 1.0 5.5 2.3 1.0 6.0 2.8 1.0 6.5 3.4 1.0 7.0 3.8 1.0

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Energy Saving Rule of 2009 Effective from 1 July 2009

Table 9: Default LCP for Commercial Lighting Energy Savings Formula

LCP Type of Lamp LCP (Watts) and Control Gear Ballast EEI: A1 A2 A3 B1 B2 C D T8 and T12 NLP + NLP + NLP + NLP + NLP + 2 NLP NLP + 2 Lamps 6 8 10 12 Linear fluorescent, 1.13 x 1.08 x 1.13 x circular fluorescent and T5 Lamps N/A N/A N/A N/A NLP + 2.5 NLP + 1.5 NLP + 2.5 CFLn CFLn NLP + NLP + NLP + NLP + 3 NLP + 1 NLP + 3 NLP + 9 Lamps 5 7 11 Where NLP = nominal lamp power CFLi NLP Tungsten incandescent and tungsen halogen NLP (mains voltage)

Tungsten incandescent Where connected to magnetic transformer, NLP ÷ 80%. and tungsten halogen (extra low voltage) Where connected to electronic transformer, NLP ÷ 93%. Metal halide with magnetic ballast (reactor 1.0456 x NLP + 14 type) Metal halide with magnetic ballast 1.071 x NLP + 22 (constant wattage type) Metal halide with 1.096 x NLP + 0.9 electronic ballast Mercury vapour with 1.033 x NLP + 11 magnetic ballast High pressure sodium (HPS) with magnetic 1.051 x NLP + 13 ballast From Traffic Light Load Table published by IPART or relevant regulator. Note that, unlike other lamps, Traffic signals an entire traffic signal unit is used as the basis for calculation, rather than individual lamps. LED, induction lighting Proponent shall apply to the scheme administrator in advance for LCP value, and supply product or other Emerging specification sheets or laboratory test reports. Control gear losses shall be included in the LCP. Technology Notes: If the EEI is not marked on a magnetic ballast, it is assumed to be C. If the EEI is not marked on an electronic ballast, it is assumed to be A3. Evidence of LCP should take the form of manufacturer specification sheets or independent testing at the discretion of the scheme administrator. Different LCP values, to those outlined in this table, can be sought from the administrator in advance, accompanied by product specification sheets or test reports.

Table 10: Default Operating Factors for Commercial Lighting Energy Savings Formula

Default Lighting Operating Factors

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Energy Saving Rule of 2009 Effective from 1 July 2009

Field Value Notes Maximum allowable illumination power Illumination power density = IPD density for each space, as required by Table J6.2b of the Building Code of Australia. If the following are replaced: If the replacement lamp can be easily • Luminaire , or Road lighting: 12 years replaced with a higher power lamp, the asset • control gear, or Other lighting: 10 years lifetimes of lamp and control gear may be Asset • lamp and control treated separately. Lifetime gear If only lamp is Nominal lamp lifetime ÷ Annual Operating

replaced Hours 1.5 x nominal lamp lifetime ÷ Annual If T5 adaptor used Operating Hours

Road lighting: 4,500 hours p.a. If sites have longer annual operating hours, Annual Operating Hours proponent can request a higher value from the Other lighting: 3,000 hours p.a. scheme administrator (in advance). No control system: 1.0 Occupancy sensor: 0.7 Daylight-linked control: 0.7 Maximum of 2 control multipliers can be Control Multiplier = CM Programmable dimming: 0.85 used, multiplied together, resulting in Manual dimming: 0.9 minimum product of 0.6. VRU: as verified with the scheme administrator 1.0 if not air conditioned, 1.3 if air Air Conditioning Multiplier = AM conditioned.

Table 11: Default Efficiency Improvements for High Efficiency Motors

DEI by number of Poles Rated output (kW) 2 pole 4 pole 6 pole 8 pole 0.73 to 2.6 0.033 0.030 0.039 0.047 2.6 to 9.2 0.021 0.020 0.024 0.027 9.2 to 41 0.014 0.014 0.016 0.017 41 to 100 0.010 0.009 0.010 0.010 100 to < 180 0.008 0.007 0.008 0.008

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3936 OFFICIAL NOTICES 3 July 2009 0.11 0.11 0.03 0.03 0.03 0.03 0.03 0.03 Material Handling/ conveying 0.09 0.09 0.03 0.03 0.03 0.03 0.03 0.03 / Mix / Grind / Mix Mill / Refining Effective from 1 JulyEffective from 1 2009 Energy Saving Rule of 2009 Rule of Saving Energy 0.13 0.13 0.04 0.04 0.04 0.04 0.06 0.06 Drives Process Process 0.14 0.14 0.06 0.06 0.06 0.06 0.06 0.06 Fans

Air 0.04 0.04 0.04 0.04 0.04 0.04 0.04 0.04 Compressed Compressed 0.05 0.05 0.05 0.05 0.11 0.11 0.05 0.05 Pumping Pumping 39 07 0.05 0.04 0.06 0.04 0.03 0.03 0.03 0.03 0.04 0.06 0.04 07 0.05 0.2 0.2 0.11 0.03 0.13 0.13 0.07 0.14 0.09 0.09 0.11 0.11 0.09 0.09 0.24 0.24 0.17 0.09 0.07 0.13 0.13 0.13 0.03 0.07 0.13 0.09 0.07 0.17 0.09 0.24 0.15 0.15 0.17 0.17 0.14 0.15 0.24 0.15 0.09 0.2 0.28 0.32 0.27 0.32 0.27 0.27 0.24 0.28 0.32 0.32 0.27 0.28 0.09 0.36 0.32 0.41 0.32 0.32 0.28 0.28 0.32 0.32 0.41 0.32 0.36 0.09 0. Refrigeration Refrigeration hnical Services 0.17 0.07 0.05 0.08 0.08 0.08 0.04 0.03 0.08 0.07 0.05 0.17 Services hnical ste Services 0.11 0.32 0.24 0.28 0.28 0.28 0.12 0.17 0.28 0.32 0.24 0.11 Services ste te Services Services 0.06 0.03 0.06 0.05 0.04 0.09 te Safety Safety 0.03 0.03 0.04 0.06 0.04 0.05 0.09 Fishing Fishing 0.32 0.28 0.27 0.32 0.14 0.2 0.2 rehousing rehousing 0.16 0.03 0.17 0.13 0.08 0.11 0.17 Assistance Assistance 0.03 0.03 0.06 0.06 0.11 0.08 0.11 Telecommunications 0.11 0.09 0.04 0.04 0.09 0.11 0.1 0.03 0.03 0.11 Telecommunications ng ng 0.03 0.03 0.04 0.06 0.04 0.05 0.11 and and a a Trade Trade Trade Retail Retail Manufacturing Manufacturing Mining Mining Construction Construction Wholesale Wholesale B B C E F G Load Utilisation Factor Load Utilisation and Forestry A Agriculture, Division Division Division Wa Water and Gas, D Electricity, Division Division Division Division Services and Food H Accommodation Division Wa and Postal I Transport, Division Medi Information J Division Services Insurance and K Financial Division Real Esta and Hiring Rental, Division L Tec and Scientific Professional, Division M Services Support and Administrative N Division and O Public Division Administration Traini and P Education Division Social Care and Health Q Division Services Recreation and Arts R Division S Other Services Division Efficiency Where End-User Equipment Industry and End-use are known for High Motors – Utilisation Factor Default Load Table 12:

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3 July 2009 OFFICIAL NOTICES 3937

Energy Savings Scheme Rule 2009 Effective from 1 July 2009

Table 13: Default Load Utilisation Factor for High Efficiency Motors – Where End-User Equipment Industry and End-use are not known

Rated output (kW) LUF

0.73 to 2.6 0.09 2.6 to 9.2 0.10 9.2 to 41 0.11 41 to 100 0.13 100 to < 180 0.15

Table 14: Asset Life for High Efficiency Motors (t)

Rated output (kW) of High t (Asset life (years)) Efficiency Motor

0.73 to 2.6 12

2.6 to 9.2 15

9.2 to 41 20

41 to 100 22

100 to < 180 25

Table 15: Default Efficiencies Application Device type Default Efficiency Electric Space heating Resistance 100% Reverse cycle 280% Electric Cooking Hotplate 60% Oven 50% Electric Industrial heat Boiler 90% Natural gas and LPG Water heating Instantaneous 75% Storage 60% Natural gas and LPG Space heating Flued heater 70% Wood space heating Closed combustion 50% Open fire 20% Natural gas and LPG Cooking Burners 50% Oven 45% Natural gas and LPG Industrial heat Boiler 80% Bagasse Industrial heat Boiler 60%

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3938 OFFICIAL NOTICES 3 July 2009

Energy Savings Scheme Rule 2009 Effective from 1 July 2009

Table 16: Discount Factors for calculating forward creation of Certificates under the Project Impact Assessment Method

Year Discount Factor 1 1.00 2 0.80 3 0.60 4 0.40 5 0.20

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3 July 2009 OFFICIAL NOTICES 3939 Other Notices

APPRENTICESHIP AND TRAINEESHIP ACT 2001 ASSOCIATIONS INCORPORATION ACT 1984 NOTICE is given that the Commissioner for Vocational Transfer of Incorporation Pursuant to Section 48 (4) (a) Training has made Vocational Training Orders for the TAKE notice that the company limited by guarantee recognised traineeship vocations of: Sutherland District Basketball Association Ltd • Aviation – Flight Operations formerly registered under the provisions of the Corporations • Aviation – Ground Operations and Services Act 2001 is now incorporated under the Associations • Aviation – Rescue Crewman Incorporation Act 1984 as • Aviation – Commercial Pilot Aeroplane Sutherland District Basketball Association • Aviation – Commercial Pilot Helicopter Incorporated • Aviation – Leadership and Supervision effective 30 June 2009. • Aviation – Air Crewman, Dated: 30 June 2009. under section 6 of the Apprenticeship and Traineeship Act ROBERT HAYES, 2001. Delegate of Commissioner, The Orders specify a number of matters relating to the Ofﬁ ce of Fair Trading required training for these vocations, including the term/s of training, probationary period/s, competency outcome/s and course/s of study to be undertaken. ASSOCIATIONS INCORPORATION ACT 1984 The Orders will take effect from the date of publication Cancellation of Incorporation Pursuant to Section 54 in the NSW Government Gazette. TAKE notice that the incorporation of the following A copy of the Orders may be inspected at any associations is cancelled by this notice pursuant to section State Training Services Centre of the Department 54 of the Associations Incorporation Act 1984. of Education and Training or on the Internet at http://apprenticeship.det.nsw.edu.au/html/cibs/414.htm Cancellation is effective as at the date of gazettal. Notice is also given that the recognised traineeship A4M Franchisee Association Incorporated – vocation of Transport and Distribution – Aviation is now Inc9876672 repealed. Adelong-Batlow Bears Junior Rugby League Football Club Incorporated – Inc9875021 Amria Incorporated – Y2623527 APPRENTICESHIP AND TRAINEESHIP ACT 2001 Australian Abacus and Mental Arithmetic Association Inc. – Inc9875583 NOTICE is given that the Commissioner for Vocational Australian Argentinean Solidarity Association Training has made Vocational Training Orders for the Incorporated – Inc9877927 recognised traineeship vocations of: Australian Association for Web Engineering • Property Services – Agency Incorporated – Inc9884794 • Property Services – Operations Australian Explorers Incorporated – Inc9885019 • Property Services – Real Estate Dads Australia Incorporated – Inc9876712 • Property Services – Stock and Station Agency McKell Foundation Incorporated – Y2613825 • Property Services – Business Broking, March-Clergate Land Care Group Incorporated – under Section 6 of the Apprenticeship and Traineeship Act Inc9876067 2001. Orana Regional Development Organisation The Orders specify a number of matters relating to the Incorporated – Y2393808 required training for these vocations, including the term/s of Order of St John Incorporated – Inc9886842 training, probationary period/s, competency outcome/s and Oz Ex Incorporated – Inc9874385 course/s of study to be undertaken. Save Blue Lagoon Beach Action Group Inc – The Orders will take effect from the date of publication Y1707720 in the NSW Government Gazette. Senegambia Association Incorporated – Inc9886671 A copy of the Orders may be inspected at any South West Sydney Youth Services Incorporated – State Training Services Centre of the Department Inc9884683 of Education and Training or on the Internet at Southern Tablelands Rural Counselling Service http://apprenticeship.det.nsw.edu.au/html/cibs/413.htm Incorporated – Y2304547 Notice is also given that the recognised traineeship Tenterﬁ eld Economic Development Corporation vocation of Property Development is now repealed. Incorporated – Inc9878110 Uniting Samoan Pentecostal Church Incorporated – Inc9888081

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3940 OFFICIAL NOTICES 3 July 2009

Wollongong Blessing of the Fleet Incorporated – CONSTITUTION ACT 1902 Inc9882197 Ministerial Arrangements During the Absence of the WTFanatics Incorporated – Inc9884788 Minister for Fair Trading, Minister for Citizenship and World Outstanding Meditation Master's Friendship Minister Assisting the Premier on the Arts General Association Incorporated – Inc9881877 PURSUANT to section 36 of the Constitution Act 1902, Her Dated: 30 June 2009. Excellency the Governor, with the advice of the Executive Council, has authorised the Hon. L. J. BURNEY, M.P., ROBERT HAYES, Minister for Community Services, to act for and on behalf of A/Manager Financial Analysis, the Minister for Fair Trading, Minister for Citizenship, and Registry of Co-operatives and Associations, Minister Assisting the Premier on the Arts as on and from Offi ce of Fair Trading, 7 July 2009, with a view to her performing the duties of the Department of Commerce Honourable D. V. JUDGE during her absence from duty. NATHAN REES, M.P., Premier ASSOCIATIONS INCORPORATION ACT 1984 Department of Premier and Cabinet, Sydney 2009. Reinstatement of Cancelled Association Pursuant to Section 54A CONSTITUTION ACT 1902 THE incorporation of ROTARY CLUB OF DRUMMOYNE INC (Y0850526) cancelled on 29 August 2008 is reinstated Ministerial Arrangements During the Absence of the pursuant to section 54A of the Associations Incorporation Minister for Roads Act 1984. PURSUANT to section 36 of the Constitution Act 1902, Her Dated: 29 June 2009. Excellency the Governor, with the advice of the Executive Council, has authorised the Hon. L. J. BURNEY, M.P., ROBERT HAYES, Minister for Community Services, to act for and on behalf A/g Manager, Financial Analysis, of the Minister for Climate Change and the Environment and Registry of Co-operatives and Associations, Minister for Commerce as on and from 8 July 2009, with a Offi ce of Fair Trading, view to her performing the duties of the Honourable C. M. Department of Commerce TEBBUTT, M.P., during her absence from duty. NATHAN REES, M.P., Premier ASSOCIATIONS INCORPORATION ACT 1984 Department of Premier and Cabinet, Sydney 2009. Reinstatement of Cancelled Association Pursuant to Section 54A DISTRICT COURT ACT 1973 THE incorporation of WOLLONDILLY AUSTRALIAN FOOTBALL CLUB INC (Y0472728) cancelled on 4 April District Court of New South Wales 2008 is reinstated pursuant to section 54A of the Associations Direction Incorporation Act 1984. PURSUANT to section 173 of the District Court Act 1973, Dated: 29 June 2009. I direct that the District Court shall sit in its criminal ROBERT HAYES, jurisdiction at the place and time shown as follows: A/g Manager, Financial Analysis, Dubbo, 10:00 a.m., 27 July 2009 (1 week). Registry of Co-operatives and Associations, Offi ce of Fair Trading, Dated this 24th day of June 2009. Department of Commerce R. O. BLANCH, Chief Judge

ASSOCIATIONS INCORPORATION ACT 1984 GEOGRAPHICAL NAMES ACT 1966 Reinstatement of Cancelled Association Pursuant Notice of Proposal to Determine Address Locality to Section 54A Names and Boundaries Within the Central Darling Local Government Area The incorporation of CARE AND RESPITE ASSOCIATION INCORPORATED (INC9875730) cancelled on 23 January PURSUANT to the provisions of section 8 of the Geographical 2009 is reinstated pursuant to section 54 (2) of the Associations Names Act 1966, the Geographical Names Board hereby Incorporation Act 1984. notifi es that it proposes to determine address locality names and boundaries in the Central Darling Local Government Dated: 30 June 2009. Area as shown on map GNB3747. ROBERT HAYES, The following seven names are proposed for address A/g Manager Financial Analysis, localities as shown on map GNB3747: Ivanhoe, Menindee, Registry of Co-operatives and Associations, Mossgiel, Sunset Strip, Tilpa, White Cliffs, Wilcannia. Offi ce of Fair Trading, Department of Commerce Map GNB3747 may be viewed at Central Darling Council Administrative Offi ces, 21 Reid Street, Wilcannia; Rural

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3 July 2009 OFFICIAL NOTICES 3941

Transaction Centre, Yartla Street, Menindee; the Ivanhoe PROTECTION OF THE ENVIRONMENT Post Offi ce, Columbus Street, Ivanhoe; the Wilcannia Post OPERATIONS (WASTE) REGULATION 1996 Offi ce, corner of Woore and Myer Streets, Wilcannia and the General Approval of the Immobilisation of White Cliffs Post Offi ce, Johnson Street, White Cliffs, from Contaminants in Waste Wednesday, 24 June 2009 until Friday, 24 July 2009. PURSUANT to the provisions in Clause 28 of the Protection A copy of Map GNB3747 will also be on display at the of the Environment Operations (Waste) Regulation 1996 offi ce of the Geographical Names Board, Land and Property the New South Wales Environment Protection Authority Information, 346 Panorama Avenue, Bathurst NSW 2795, has authorised the following general approval of the during the above dates. This proposal may also be viewed immobilisation of contaminants in waste: and submissions lodged on the Geographical Names Board (A) APPROVAL NUMBER web site at www.gnb.nsw.gov.au during the above dates. 2009/07 Any person wishing to make comment upon this proposal may prior to Saturday, 1 August 2009, write to the Secretary This approval replaces general approval of immobilisation of the Board with that comment. number: 1999/07 which is hereby revoked. (B) SPECIFICATION OF WASTE STREAM All submissions lodged in accordance with section 9 of the Geographical Names Act 1966, may be subject to a freedom Metallurgical furnace slag or metallurgical furnace slag of information application. contaminated natural excavated materials. WARWICK WATKINS, (C) CONTAMINANTS APPROVED AS IMMOBILISED Chairperson Beryllium, Chromium (VI), Lead, Nickel, Polycyclic Aromatic Hydrocarbons (PAHs) and Benzo(a)pyrene Geographical Names Board, (BaP). PO Box 143 Bathurst NSW 2795. (D) TYPE OF IMMOBILISATION Natural PARLIAMENTARY REMUNERATION ACT 1989 (E) MECHANISM OF IMMOBILISATION Erratum Beryllium, Chromium, Lead or Nickel metals and their metal THE Annual Report and Determination of Additional compounds as well as PAHs and BaP are encapsulated within Entitlements for Members of the Parliament of NSW by the the furnace slag during its formation at elevated temperature Parliamentary Remuneration Tribunal of 29 May 2009 is exceeding 1,000 degrees Celsius. These metals, metal and organic compounds and their silicate compounds are bonded amended as set out hereunder within a vitrifi ed solid mass. On page 29 of the determination the total Logistic Support (F) CONDITIONS OF APPROVAL Allocation for Members of the Legislative Council that reside Zone 2 electorates should read as $21,920. • Packaging Requirements Dated 26 June 2009. None • Waste Assessment Requirements The Honourable Justice C. G. STAFF, The Parliamentary Remuneration Tribunal The total concentration (SCC) limits for Beryllium Chromium (VI), Lead, Nickel, PAHs and BaP listed in the DECC Waste Classifi cation Guidelines Part 1: Classifying PESTICIDES ACT 1999 Waste (April 2008) (Waste Guidelines) do not apply to the assessment of metallurgical furnace slag or metallurgical Notice under Section 48 (4) furnace slag contaminated natural excavated materials. With respect to Beryllium, Chromium (VI), Lead, Nickel and NOTICE is hereby given, pursuant to section 48(4) of the BaP, metallurgical furnace slag or metallurgical furnace slag Pesticides Act 1999, that I have granted a Pilot (Pesticide contaminated natural excavated materials can be classifi ed Rating) Licence, particulars of which are stated in the according to their leachable concentration (TCLP) values Schedule. alone. SEAN NUNAN, Any contaminants listed in the Waste Guidelines (other Team Leader, than Beryllium, Chromium (VI), Lead, Nickel, PAHs and Licensing and Registration BaP) that are contained within the metallurgical furnace slag (by delegation) or metallurgical furnace slag contaminated natural excavated materials must be assessed in accordance with the Waste SCHEDULE Guidelines. Pilot (Pesticide Rating) Licence The metallurgical furnace slag or metallurgical furnace Name and address Date of Granting slag contaminated natural excavated materials must not contain any free liquids as defi ned in the Waste Guidelines. of Licensee of Licence • Disposal Restrictions Martyn LILLEY, 23 June 2009. PO Box 68, None. Coleambally NSW 2707. Note: The classifi ed metallurgical furnace slag or metallurgical Marcus TAPP, 23 June 2009. furnace slag contaminated natural excavated 66 Quarry Road, materials may be disposed of to waste facilities South Murwillumbah NSW 2484. which can legally receive them.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3942 OFFICIAL NOTICES 3 July 2009

• Record keeping requirements with minor amendments. A proposed Draft Landlord and The responsible person is required to keep records of the Tenant Regulation 2009 is being released for public comment management and disposal metallurgical furnace slag or along with a Regulatory Impact Statement discussing the metallurgical furnace slag contaminated natural excavated costs and benefi ts of the proposed Draft Regulation. The materials that are classifi ed as hazardous or industrial primary objective of the proposed Draft Regulation is to waste for a period of at least 3 years from the date which ensure that the Landlord and Tenant (Amendment) Act 1948 these wastes are disposed of off site. continues to provide protection for tenants and updates provisions of an administrative nature. • Waste Management Requirements None. Copies of the Regulatory Impact Statement and proposed Draft Regulation can be obtained from the 1.1.1 G) RESPONSIBLE PERSON Office of Fair Trading by telephoning (02) 9338 8955 or by downloading from the Fair Trading website on The person or class of persons to whom this general approval www.fairtrading.nsw.gov.au relates is the person who carries out the assessment and classifi cation for the purpose of this approval. The responsible Comments and submissions can be emailed (preferred), person must comply with the conditions of this approval. mailed or faxed by Wednesday 5 August 2009 to: Environment Protection Authority Email: [email protected] Per: MARK GORTA, Landlord and Tenant Regulation 2009 Manager Waste Management Policy and Strategy Division By Delegation Offi ce of Fair Trading Date: 1 July 2009 PO Box 972 Parramatta NSW 2124 SUBORDINATE LEGISLATION ACT 1989 Fax: (02) 9338 8918 Proposed Draft Consumer, Trader and Tenancy Tribunal Regulation 2009 SUBORDINATE LEGISLATION ACT 1989 Invitation to comment Proposed Civil Liability Regulation 2009 THE Subordinate Legislation Act 1989 automatically repeals statutory rules (Regulations) fi ve years after they commence. THE object of the proposed Civil Liability Regulation 2009 is The Consumer, Trader and Tenancy Tribunal Regulation 2002 to remake, with minor revision, the Civil Liability Regulation is due for repeal on 1 September 2009. The Regulation is 2003 (which will be repealed on 1 September 2009 by section proposed to be remade with minor amendments. A proposed 10(2) of the Subordinate Legislation Act 1989). draft Consumer, Trader and Tenancy Tribunal Regulation 2009 is being released for public comment along with a A Regulatory Impact Statement (‘RIS’) has been prepared. Regulatory Impact Statement discussing the costs and benefi ts Copies of the RIS and the proposed Regulation are available of the proposed draft Regulation. The primary objective of at http://www.lawlink.nsw.gov.au/lpd or by phoning (02) the proposed draft Regulation is to ensure that the Consumer, 8061 9231. Trader and Tenancy Tribunal Act 2001 continues to provide effective adjudication by updating certain provisions of a Comments and submissions on the proposed Regulation procedural nature. are sought by Wednesday 29 July 2009. Details on how to make a submission are contained in the RIS. Copies of the Regulatory Impact Statement and proposed draft Regulation can be obtained from the Office of Fair Trading by telephoning (02) 9338 8955 or by downloading from the Fair Trading website on SYDNEY WATER ACT 1994 www.fairtrading.nsw.gov.au LAND ACQUISITION (JUST TERMS Comments and submissions can be emailed (preferred), COMPENSATION) ACT 1991 mailed or faxed by Wednesday 5 August 2009 to: Notice of Compulsory Acquisition of Easement at Email: [email protected] Jamberoo in the Local Government Area of Kiama CTTT Regulation 2009 Policy and Strategy Division SYDNEY WATER CORPORATION declares, with the Offi ce of Fair Trading approval of His Excellency, the Lieutenant Governor, that PO Box 972 the interest in land described in Schedule 1 hereto is acquired Parramatta NSW 2124 by compulsory process under the provisions of the Land Fax: (02) 9338 8918 Acquisition (Just Terms Compensation) Act 1991, for the purpose of the Sydney Water Act 1994.

SUBORDINATE LEGISLATION ACT 1989 Dated at Parramatta, this 26th day of June 2009. Proposed Draft Landlord and Tenant Regulation 2009 Signed for Sydney Water Corporation by its Attorneys Invitation to comment Mark ROWLEY and Peter Vincent BYRNE who hereby THE Subordinate Legislation Act 1989 automatically repeals state at the time of executing this instrument have no notice statutory rules (Regulations) ﬁ ve years after they commence. of the revocation of the Power of Attorney Registered No. The Landlord and Tenant Regulation 2004 is due for repeal on 606, Book 4541, under the Authority of which this instrument 1 September 2009. The Regulation is proposed to be remade has been executed. NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3 July 2009 OFFICIAL NOTICES 3943

SCHEDULE 1 An Easement for Sewerage Purposes more fully described in Memorandum AE292292W lodged at the Department of Lands (Division of Land and Property Information NSW), Sydney, over all that piece or parcel of land in the Local Government Area of Kiama, Locality of Jamberoo, Parish of Kiama, County of Camden and State of New South Wales being the land shown on Deposited Plan 1131463 as “(A) PROPOSED EASEMENT FOR SEWERAGE PURPOSES 2 WIDE (331.6m2)” affecting Lot 7032, DP 1058003. Sydney Water Reference: 2007/02047F.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3944 OFFICIAL NOTICES 3 July 2009

CHILDREN (CRIMINAL PROCEEDINGS) REGULATION 2005 ORDER Issue of Youth Conduct Orders Scheme Directions PURSUANT to Clause 25 of the Regulation, the Directions speciﬁ ed in Schedule 1 are issued and have effect as from the date of publication of this notice. Dated: 30 June 2009. JOHN LEE, Director General, Department of Premier and Cabinet

Youth Conduct Orders Scheme Directions

Children (Criminal Proceedings) Act 1987 Children (Criminal Proceedings) Regulation 2005

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3 July 2009 OFFICIAL NOTICES 3945

Contents

Children (Criminal Proceedings) Regulation 2005 1 Division 2: Scheme Participation Approvals 2 1.1 Granting of Scheme Participation Approvals (Clause 7) 2 2 Division 3: Suitability Assessments 5 2.1 Applications for Suitability Assessment Orders (Clause 8) 5 2.2 Notification of Suitability Assessment Order by Children’s Court (Clause 9) 6 2.3 Suitability Assessment of referred child (Clause 10) 7 3 Division 4: Conduct Plans 8 3.1 Preparation of Interim Conduct Plans (Clause 11) 8 3.2 Preparation of Final Conduct Plans (Clause 12) 9 3.3 Provisions in Conduct Plans (Clause 11) 10 4 Division 5: Applications relating to Youth Conduct Orders 11 4.1 Applications for Interim Youth Conduct Orders (Clause 13)11 4.2 Applications for Final Youth Conduct Orders (Clause 14) 12 4.3 Applications for review of Youth Conduct Orders (Clause 15) 13 4.4 Applications relating to non-compliance with Youth Conduct Orders (Clause 16) 14 4.5 Applications relating to compliance with Youth Conduct Orders (Clause 17) 15 5 Division 6: Reports 16 5.1 Compliance Reports (Clause 18)16 6 Division 7 Case Coordination Senior Officers Groups 24 6.1 Procedure (Clause 24) 24 7 Division 8: Scheme Directions 25 7.1 Director General may issue Scheme Directions (Clause 25) 25 Appendices • Appendix 1: Stage One Suitability Assessment Report 26 • Appendix 2: Stage Two Final Youth Conduct Order Suitability Assessment Report 39 • Appendix 3: Youth Conduct Orders Scheme Interim Conduct Plan 77 • Appendix 4: Youth Conduct Orders Scheme Final Conduct Plan 85 • Appendix 5: Case Coordination Senior Officer Group Meeting Guidelines 93

Youth Conduct Orders Scheme Directions 1

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3946 OFFICIAL NOTICES 3 July 2009

1. Division 2: Scheme Participation Approvals

1.1. Granting of Scheme Participation Approvals (Clause 7)

Once an authorised Police Officer has determined that a child/young person is eligible to participate in the Youth Conduct Orders (YCO) Scheme they must complete the attached Form A: Youth Conduct Orders Scheme Participation Approval.

Youth Conduct Orders Scheme Directions 2

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3 July 2009 OFFICIAL NOTICES 3947

YOUTH CONDUCT ORDERS SCHEME PARTICIPATION APPROVAL

(Section 48G Children (Criminal Proceedings) Act 1987; Division 2, Clauses 5 & 7 Children (Criminal Proceedings) Regulation 2005)

Young Person Details Name: Address: Date of Birth/Age: Charge/Sequence: Date of Court Listing: Time: Place:

An assessment must be carried out using the criteria below to ascertain whether a young person is suitable for participation in the Youth Conduct Orders Scheme. PART A – OFFENCE CONSIDERATIONS

1. Copy of Police Facts attached. Yes / No

2. It is appropriate for the young person to be dealt with under the Yes / No Scheme having regard to: • the seriousness of the offence, • the degree of violence involved (if any), • any harm caused to any victim, • the number and nature of any previous offences, and the number of times the young person has been dealt with under the Young Offenders Act 1997.

3. Provide reason/s as to why it would not be appropriate for the young person to be dealt with under the Young Offenders Act 1997.

4. The young person is charged with (or has pleaded guilty to or Yes / No been found guilty of) a relevant offence. (A relevant offence is the same kind of offence as covered by the Young Offenders Act 1997).

5. The Children’s Court has not yet imposed a penalty on the young Yes / No person concerned for the offence or the alleged offence.

PART B - ELIGIBILITY CRITERIA

6. The young person was 14 years old or older (but less than 18 Yes / No years old) at the time the offence was committed or alleged to have been committed.

7. The young person is less than 19 years old at the time it is first Yes / No proposed to make a Youth Conduct Order.

8. The young person temporarily or permanently resides in, or Yes / No habitually visits, the area of the participating Local Area Command.

Youth Conduct Orders Scheme Directions 3

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9. The relevant offence that the young person has been charged Yes/No with, or pleaded guilty to, or been found guilty of, was committed, or alleged to have been committed, by the young person in the area of a participating Local Area Command.

N.B. In circumstances when the Court is proposing to make a Youth Conduct Order in respect of more than one relevant offence – at least one of those offences must have been committed, or alleged to have been committed, by the young person in the area of a participating Local Area Command.

PART C - CERTIFICATION

I am an Authorised Police Officer under the I am a Senior Police Officer (Superintendent level Youth Conduct Orders Scheme. or above). I concur that all information in this form is accurate. I certify that all information in this form is accurate and recommend the young person I hereby grant Youth Conduct Orders Scheme for Youth Conduct Orders Scheme Participation Approval for the young person named Participation. on this form.

Signature: Signature:

Name: Name: Position: Position: Date: Date: Phone number: Phone number: Local Area Command: Local Area Command:

Youth Conduct Orders Scheme Directions 4

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3 July 2009 OFFICIAL NOTICES 3949

2. Division 3: Suitability Assessments

2.1. Applications for Suitability Assessment Orders (Clause 8)

Applications for Suitability Assessment Orders by authorised scheme officers will be attached to the Court Attendance Notice when filed with the Children’s Court.

The filing of the Scheme Participation Approval Form with the Court Registry shall serve as the notice of intention to make the application.

Generally, the application should be listed on the same day as the child’s appearance before the Court in relation to the relevant offence for which the application is sought.

Youth Conduct Orders Scheme Directions 5

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2.2. Notification of Suitability Assessment Order by Children’s Court (Clause 9)

The Magistrate may make a Suitability Assessment Order in the form prescribed by the Children’s Court which will refer the child/young person to the Case Coordination Senior Officers Group (CCSOG) for a suitability assessment.

Copies of the Suitability Assessment Order and Scheme Participation Approval Form (Form A) must be forwarded by the Children’s Court to the relevant CCSOG Chairperson within 7 days after making the Order.

The documents may be faxed or scanned and emailed in the first instance but must also be forwarded by post to the Chairperson for quality assurance purposes.

Youth Conduct Orders Scheme Directions 6

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3 July 2009 OFFICIAL NOTICES 3951

2.3. Suitability assessment of referred child (Clause 10)

Each CCSOG has the function of carrying out suitability assessments of referred children/young people.

The CCSOG must ensure that a suitability assessment of a referred child/young person is carried out within 7 days (or such further period as the Children’s Court may allow) after it is notified of the Suitability Assessment Order under clause 9.

Assessment of the suitability of children/young people to participate in the YCO Scheme for the advice of the Children’s Court Magistrate is based on the best interests of the child/young person and is a two stage process.

The assessment must be conducted in accordance with the following attached:

• Stage One Suitability Assessment Report (Appendix 1) • Stage Two Final Youth Conduct Order Suitability Assessment Report (Appendix 2) • Youth Conduct Orders Scheme Interim Conduct Plan (Appendix 3) • Youth Conduct Orders Scheme Final Conduct Plan (Appendix 4)

Note that Comprehensive Assessment Format and Explanatory Notes prepared by the Department of Juvenile Justice for use in their assessment processes may be of benefit in conducting a suitability assessment for a YCO. These documents can be found in the YCO Guidelines. .

Youth Conduct Orders Scheme Directions 7

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3 Division 4: Conduct Plans

3.1 Preparation of Interim Conduct Plans (Clause 11)

Stage One relates to the assessment for and development of the short term Interim Conduct Plan (ICP). The duration of an ICP is up to two months.

Stage Two relates to the assessment for and development of the longer term Final Conduct Plan (FCP). The duration of a FCP is up to 12 months.

Service availability and capacity:

In identifying the “positive conduct provisions” and “conduct restriction provisions” for ICPs and FCPs, the assessed needs of the child/young person must be matched to service availability and capacity.

The child/young person should not be penalised for being unable to meet the conditions of a Plan where there are issues with service availability and/or capacity.

Agencies must use their best endeavours to identify a service appropriate for the young person under the YCO. This includes exploring the use of brokerage and other service provision options where there are availability or capacity issues with a particular service.

Where there may not be immediate availability, agencies should advise the Case Coordinator / Lead Agency, including providing details of the likely waiting list, both in terms of time and numbers of other potential clients.

Where the CCSOG has agreed that there is no service available and/or no capacity to deliver a service to meet the child/young person's needs, including having explored brokerage and other options, details must be documented in a cover brief signed by the CCSOG Chairperson which is attached to the Suitability Assessment Report.

The cover brief must include

• service identified and how it will meet the needs of the child/young person • reasons why the service is unavailable and/or there is no capacity to deliver the service • alternatives explored including brokerage; and • recommendation for resolution

The onus is on the agency/service to justify why this service can't be provided. The CCSOG, as part of the FCP, should monitor this service availability on an ongoing basis.

Youth Conduct Orders Scheme Directions 8

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3.2 Preparation of Final Conduct Plans (Clause 12)

The Lead Agency as defined by the CCSOG at completion of Stage One is responsible for nominating a suitably qualified person to work with the Case Coordinator on Stage Two. The Case Coordinator in conjunction with the person nominated by the Lead Agency completes the Stage Two Suitability Assessment Report and prepares the Final Conduct Plan for approval by the CCSOG.

In conducting the Stage Two Suitability Assessment and developing the FCP, the CCSOG is to endeavour to ensure that a parent of the child within the meaning of Children (Protection and Parental Responsibility) Act 1997 is present at all times during the meeting unless:

• the child requests otherwise (S12 (3) (a)), or • the CCSOG considers that it would be inappropriate in the circumstances (S12 (3) (b)).

The Case Coordinator and the Lead Agency nominee will also consult face-to-face with all key agencies involved with the child or young person.

For the purposes of the YCO Scheme Directions “where appropriate” refers to Division 4 12, (3) (a) and (b).

Once approved by the Chairperson of the CCSOG on behalf of the CCSOG, both the Stage Two Suitability Assessment report and the FCP are submitted together to the Children’s Court Magistrate.

A FCP must contain the CCSOG’s suggested conduct restriction provisions and positive conduct provisions for the child’s Final YCO.

Youth Conduct Orders Scheme Directions 9

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3.3 Provisions in conduct plans (Clause 11)

For the purposes of the Scheme Directions, positive conduct provisions are agreed case management based activities and tasks that benefit and progress the child/young person’s emotional, social and financial status while addressing the underlying causes of their offending behaviour.

Agreed means agreed between the child/young person, their family/carer and relevant agencies.

For the purposes of the Scheme Directions, conduct restriction conditions are agreed restrictions and conditions that directly relate to the child/young person’s offending behaviour and are aimed at preventing the opportunity for further offending while addressing the underlying causes of their offending behaviour.

Youth Conduct Orders Scheme Directions 10

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4. Division 5: Applications relating to Youth Conduct Orders

4.1 Applications for Interim Youth Conduct Orders (Clause 13)

An application by an authorised scheme officer for an Interim YCO under section 48L of the Children (Criminal Proceedings) Act 1987 may only be made upon the child or young person being found to be suitable to participate in the Scheme by the CCSOG.

The application must be made in the form prescribed by the Children’s Court.

Youth Conduct Orders Scheme Directions 11

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4.2 Applications for Final Youth Conduct Orders (Clause 14)

An application by an authorised scheme officer for a Final YCO under section 48L of the Act may only be made upon the child being found to be suitable to participate in the Scheme by the CCSOG.

The application must be in the form prescribed by the Children’s Court.

Youth Conduct Orders Scheme Directions 12

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4.3 Applications for review of Youth Conduct Orders (Clause 15)

An application by an authorised scheme officer for a review of a YCO under section 48N(1)(c) of the Act should not be made unless the CCSOG who prepared the FCP has approved the application.

In circumstances where it is not possible to get the approval of the CCSOG prior to the application being made the authorised scheme officer should ensure that the relevant CCSOG is contacted within 3 working days and informed of the application and outcome of that application.

The application must be in the form prescribed by the Children’s Court.

Youth Conduct Orders Scheme Directions 13

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4.4 Applications relating to non-compliance with Youth Conduct Orders (Clause 16)

All non-compliances relating to a YCO must be reported using the Compliance Report (see 5) to the Chairperson of the CCSOG in the first instance so that the non-compliance can be considered in light of the child/young person’s circumstances.

An application by an authorised scheme officer relating to non-compliance with a Final YCO under section 48P(1) of the Act should not be made unless the CCSOG who prepared the FCP has approved the application.

Youth Conduct Orders Scheme Directions 14

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4.5 Applications relating to compliance with Youth Conduct Orders (Clause 17)

An application by an authorised scheme officer relating to compliance with a Final YCO may only be made with the approval of the CCSOG who prepared the FCP and compliance report (see 5).

Youth Conduct Orders Scheme Directions 15

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5. Division 6: Reports

5.1 Compliance Reports (Clause 18)

All non-compliances relating to a YCO must be reported using the attached Compliance Report to the Chairperson of the CCSOG in the first instance so that the non-compliance can be considered in light of the child/young person’s circumstances.

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3 July 2009 OFFICIAL NOTICES 3961 17 Role Youth Orders Conduct Scheme Compliance Report Yes/No: Provide Details Yes/No: Provide Details Yes: An Exit Plan must be completed – see Appendix 1: Exit Plan Yes: Conduct Provisions must be entered – see Appendix 2: Conduct Provisions Organisation Name of / Young Child Person YCO Case Number Date of birth Gender Home Address Date approved by CCSOG Date YCO approved by Magistrate Is this Compliance Report inapplication support relating of to an non-compliance withYouth a Conduct Order? Is this Compliance Report inapplication support relating of to an compliance withConduct a Order? Youth Is the recommendation that theperson child/young exit the Youth Order Conduct Scheme? Is the recommendation that theperson child/young remain on the Youthsame Conduct and/or Order changed with conduct provisions? LEAD & PARTNERName AGENCIES Lead Youth Conduct Orders Scheme Directions

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3962 OFFICIAL NOTICES 3 July 2009 18 Contact Details Address Age Youth Orders Conduct Scheme Compliance Report Relationship (Significant supports – Non agency): Name Family Member Mother Father Child 1 Child 2 Child 3 Child 4 Other FAMILY SUPPORT NETWORK Name Youth Conduct Orders Scheme Directions FAMILY COMPOSITION

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3 July 2009 OFFICIAL NOTICES 3963 Provide Details Provide Details Complied/Not Complied Complied/Not Complied 19 Timeframe Start/End Timeframe Start/End Youth Orders Conduct Scheme Compliance Report Responsibility Responsibility Provisions Provisions Current Youth Conduct Current Youth Conduct Order Positive Conduct Order Conduct Restriction Youth Conduct Orders Scheme Directions

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3964 OFFICIAL NOTICES 3 July 2009 20 Details: ional Youth Orders Conduct Scheme Compliance Report Youth Conduct Orders Scheme Directions Compliance Report Progress Update: Has the child/young person progress? made This may be in relationconduct to restriction the provisions in positive the conduct YouthOrder Conduct and/or and/or may be inidentified relation to or other observed goals and by plans the Lead Agency? Describe. Does the child/young person havesocial involvement in relationships? pro What is the assessment ofchild/young person’s these in future? relation to the Is the child/young person involved in positive recreat Is the child/young personTraining attending Programs? Education and or Attach Progress Report if available: Has the child/young person participatedand/or in groups? counselling activities and or organised groups? community

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3 July 2009 OFFICIAL NOTICES 3965 21 Outline the Reasons for Recommendation: Outline the Reasons for Recommendation: Name:Sign: Child/Young Person name: Sign: Position/program: Youth Orders Conduct Scheme Compliance Report Youth Conduct Orders Scheme Directions Please note progress around problem solvingawareness, skills, empathy self and motivation. Has the child/young person addressedhealth issues and around wellbeing? Has the child/young person andparticipated family/significant in others a program or service? Recommendation: If recommending that thethe child/young Youth person Conduct Orders exits Scheme from attached please Exit complete Plan. the If recommending that thethe child/young Youth person Conduct Order continue please on Conduct complete Provisions. the Agreed Please note your name, service program or signature. provider and

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3966 OFFICIAL NOTICES 3 July 2009 Timeframe 22 Responsibility Youth Orders Conduct Scheme Compliance Report EXIT PLAN: Exit Plan Strategy Youth Conduct Orders Scheme Directions

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3 July 2009 OFFICIAL NOTICES 3967 Timeframe Start/End Timeframe Start/End 23 Responsibility Responsibility Youth Orders Conduct Scheme Compliance Report Positive Conduct Provisions Current Youth Conduct Order Current Youth Conduct Order Conduct Restriction Provisions CONDUCT PROVISIONS: Youth Conduct Orders Scheme Directions

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6. Division 7: Case Coordination Senior Officers Groups

6.1 Procedure (Clause 24)

All CCSOG meetings should be conducted in accordance with the CCSOG Meeting Guidelines, Appendix 5.

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7. Division 8: Scheme directions

7.1 Director General may issue Scheme Directions (Clause 25)

The Regulation specifies the instances in which the Director General of the Department of Premier and Cabinet may issue Scheme Directions. Clause 25 is as follows:

(1) The Director-General may, by order published in the Gazette, issue directions, not inconsistent with this Part or the Act, for or with respect to any or all of the following matters:

(a) the carrying out of suitability assessments, (b) the provisions in conduct plans, (c) the training to be undertaken by persons involved in the administration of the scheme (including authorised police officers), (d) the granting of scheme participation approvals, (e) the granting of approvals for the purposes of clause 28, (f) the making of applications to the Children’s Court by authorised scheme officers under Part 4A of the Act, (g) the procedure for meetings of Coordination Groups, (h) the functions of Coordination Groups and of members of the Groups in connection with the scheme or the carrying out of suitability assessments, (i) any other matter in respect of which scheme directions are permitted or required by this Part.

(2) The Director-General may from time to time amend, revoke or replace the scheme directions by further order published in the Gazette.

(3) Without limiting subclause (1), the scheme directions may include provisions that:

(a) apply generally, or (b) apply only in relation to specified persons, courts, groups or other bodies, or (c) apply only in specified circumstances, or (d) do a combination of the things referred to in paragraphs (a), (b) and (c).

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Appendix 1:

Stage One Suitability Assessment Report

Introduction

The Children (Criminal Proceedings) Act 1987 defines suitability assessment as “an assessment as to a child’s capacity and prospects to participate in the (Youth Conduct Orders) Scheme”.

For the purposes of the Youth Conduct Orders (YCO) suitability assessment the terms “capacity” and “prospects” relate to the ability and willingness of the child/young person (and their family/carers) to:

• engage in and understand the YCO assessment and case planning process, • prioritise the best interests of the child/young person within the family context, • work with agencies to identify and address the underlying causes of the offending behaviour, • agree with conduct plan provisions in the knowledge that they are binding and court ordered, • understand the implications of non-compliance.

Assessment of the suitability of children and/or young people to participate in the YCO Scheme for the advice of the Children’s Court Magistrate is strength based and is a two stage process. The Stage One and Stage Two Assessments are based on the NSW Department of Juvenile Justice (DJJ) Bail Assessment Screen and Comprehensive Assessment Format (CAF) currently being piloted in DJJ. Stage One is a revised version of the CAF Bail Assessment Screen and Stage Two is the DJJ, pilot CAF unchanged.

Stage One relates to the assessment for and development of the short term Interim Conduct Plan (ICP). The duration of an ICP may be for up to two months and outlines the restrictive and case management provisions to be implemented while the more detailed Stage Two Suitability Assessment is conducted to support the development of the longer term Final Conduct Plan (FCP) (up to 12 months).

Unless otherwise determined by the CCSOG, it is the responsibility of the Case Coordinator to complete the Stage One Suitability Assessment Report and prepare the ICP for approval by the Case Coordination Senior Officers Group (CCSOG) followed by submission to the Children’s Court Magistrate.

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The Lead Agency as defined by the CCSOG at completion of Stage One is responsible for nominating a suitably qualified person to work with the Case Coordinator on Stage Two.

Unless otherwise determined by the CCSOG, the Case Coordinator in conjunction with the person nominated by the Lead Agency completes the Stage Two Final Youth Conduct Order Suitability Assessment Report and prepares the FCP for approval by the CCSOG followed by submission to the Children’s Court Magistrate.

Stage One

The purpose of the Stage One Suitability Assessment is to determine and advise the Children’s Court of the viability and benefit to the child/young person (and their family/carers) in participating in the YCO Scheme.

• If assessed as suitable, a completed Stage One Suitability Assessment Report and ICP (up to two month timeframe) is provided to the Children’s Court Magistrate with a recommendation to proceed with the more detailed Stage Two Suitability Assessment and preparation of the FCP. • If assessed as unsuitable, a completed Stage One Suitability Assessment Report is submitted to the Children’s Court Magistrate with a recommendation that the child/young person is not suitable for participation in the YCO Scheme.

The questions posed in Stage One are based on and must be completed in conjunction with the DJJ, CAF Explanatory Notes. The Explanatory Notes provide the logic behind the questions asked and give the assessor direction about how to identify and qualify strengths.

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DEMOGRAPHICS

Child/YP Name:

Child/YP D.O.B:

Does the child/YP identify as Aboriginal or Torres Straight Islander?

Ethnic Origin:

Referring Court Location and Magistrate:

Date:

Have the limits of confidentiality been explained to the young person? Yes No

1 FAMILY CIRCUMSTANCES/AGENCY INVOLVEMENT

1.1 Did any family member accompany the young person at Court? Yes No

Details: …………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………………

1.2 Did the intake Court DJJ Officer have contact with parents/carers? Yes No

Details (names, contact address, telephone number): …………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………………

1.3 Are the family/carers aware of current court appearance and recommendation for a YCO? Yes No

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1.4 Does the child/young person present as having a disability?

Comment (Response) …………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………………

1.5 Are the child/young person and/or their family/carers able to demonstrate an understanding of a YCO, the Suitability Assessment process and Interim and Final Youth Conduct Order Planning processes?

1.6 Are the child/young person and/or their family/carers willing to be engaged in the YCO Scheme? Yes No

2 CURRENT OR PREVIOUS AGENCY INVOLVEMENT

2.1 Has the young person had any previous or current involvement with the Department of Community Services (DoCS) or Department of Juvenile Justice (DJJ)?

• Details (DoCS, DJJ and any relevant Orders) ……………………………………………………………………………………………… ……………………………………………………………………………………………… • Has a significant risk of harm report been made to DoCS? ……………………………………………………………………………………………… • Details (including DoCS Reference Number) ……………………………………………………………………………………………… ……………………………………………………………………………………………… • Is there a current Case Plan? (DoCS Office Location, Case Worker, Date and attach plan) ………………………………………………………………………………………..

2.2 Has the young person had any previous or current involvement with any other government, private or non-government agency?

Details (Govt or non-govt agency, Officer and any relevant Orders) ……………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………

Are there current Case Plans? Agency, Location, Case Worker, Date and attach plan ………………………………………………………………………………………………………

NB: All relevant agency reports and assessments must be attached and/or summarised for the information of the Children’s Court Magistrate.

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2.3 Are there any supports that could enhance family capacity to assist the young person to meet and comply with the Interim Conduct Plan provisions? Has this been discussed with family?

Comment (Response) …………………………………………………………………………………………………………………………. …………………………………………………………………………………………………………………………. ………………………………………………………………………………………………………………………….

3 ACCOMMODATION

3.1 Where is the young person currently living and with whom?

3.2 Does the current accommodation appear to be an appropriate placement during the Interim Youth Conduct Order timeframe? If no, please give reason/s.

3.3. What alternative options can be accessed? Is this confirmed?

Details …………………………………………………………………………………………………………………………. Have the rights of the child been considered? …………………………………………………………………………………………………………………………. ………………………………………………………………………………………………………………………….

4 EDUCATION, TRAINING AND EMPLOYMENT

4.1 Is the young person participating in education, training or employment? Yes No

If yes, give details of location, frequency, and duration? …………………………………………………………………………………………………………………………. …………………………………………………………………………………………………………………………. ………………………………………………………………………………………………………………………….

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4.2 Does the young person have any special needs in regard to education/employment? (eg learning disability, ADHD, behavioural issues, expulsion/exclusion)

Details …………………………………………………………………………………………………………………………. …………………………………………………………………………………………………………………………. ………………………………………………………………………………………………………………………….

4.3 What options could be accessed during the Interim Youth Conduct Order timeframe?

5 LIFESTYLE

5.1 If the young person is not engaged in education, training or employment, what are the young person’s usual daily activities?

5.2 What programs/activities are available for the young person during the Interim Youth Conduct Order timeframe?

Details ………………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………………..

5.3 What/who are the young person’s peer associations or activities within the pilot Local Area Command?

5.4 How are peer associations likely to impact on the young person’s capacity to re-offend?

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5.5 What provisions can be included in the Interim Conduct Plan to address/reduce any negative peer influences?

6.1 Complete Alcohol and other Drug (AOD) Screen as follows:

6 SUBSTANCE USE Drug Description Route Frequency of use Age at first use Last Used Quantity of use

6.2 Has the young person ever experienced an overdose?

6.3 What AOD interventions have been previously accessed by the young person (eg detox, rehab, counselling, pharmacotherapy) and with which agencies?

Details …………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………………

What supports are available to the child/your person in terms of family/carers/ community/friends? ………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………

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6.4 Does the young person appear motivated to address their AOD misuse? (Review young person’s current motivation to change their substance misuse, awareness of the impact of substance use, expressed desire to change behaviour)

Details …………………………………………………………………………………………………………………………. …………………………………………………………………………………………………………………………. …………………………………………………………………………………………………………………………. ………………………………………………………………………………………………………………………….

6.5 Are the young person’s current or prior offences related to AOD use?

6.6 What provision can be included in the Interim Conduct Plan to reduce the impact of substance use on the young person’s capacity to re-offend?

6.7 What supports/services should be accessed and included as provisions in the Interim Conduct Plan to assist the young person with these issues during the Interim Youth Conduct Order timeframe?

6.8 Is referral to the Youth Drug and Alcohol Court program appropriate?

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7HEALTH

7.1 Does the child/young person have any presenting physical, emotional or mental health issues? (eg does the young person have a disability, are they seeing a psychiatrist, psychologist, counsellor; current diagnosis and treatment, name of treatment provider)

7.2 Do these issues relate to the young person’s offending? If so how?

7.3 If yes to any of the following questions notification must be made to the Lead Agency or DJJ immediately:

a. Has young person ever felt that things were so bad that it wasn’t worth living? Yes No

b. Has young person ever had thoughts of hurting themselves or suicide? Yes No c. Have they had these thoughts recently? Yes No d. If yes, does the young person have a plan? Yes No

7.4 Comment on young person’s mood, affect/behaviour. Any action required in relation to observations?

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8 OFFENDING BEHAVIOUR

8.1 Brief comment on previous and current offences (eg pattern, frequency, dynamics, seriousness, context, triggers).

Details ………………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………

8.2 Is there a history of previous or current violent, AOD related or sexual offending?

8.3 Have there been any aggravating factors in the young person’s offending (eg actual or threatened violence, weapon, cruelty, victim vulnerability, committed in company, planned)

8.4 Previous compliance with bail, community orders or other court orders.

9 MOTIVATION

9.1 Has the young person ever considered reducing/ceasing offending? Yes No

9.2 What strategies have been used previously? Which have helped/not helped and who supported the young person in implementing them?

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9.3 Does young person appear motivated to address factors influencing their offending?

Yes No

9.4 What provisions in the Interim Youth Conduct Order does the young person consider would be needed to contain/reduce their risk of re-offending? (eg specific conditions/actions)

Details ……………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………

10 RECOMMENDATION

As discussed in the Introduction, the Stage One and Stage Two assessments of children/young people for participation in the YCO Scheme are strengths based. This means that during the assessment, priority is given to identifying and analysing the strengths that can be built upon to plan intervention strategies that can assist the child/young person to address the underlying causes of their offending behaviour and prevent re-offending.

The Assessment and Interim Conduct planning processes are interactive and involve participation of the child/young person, their family and/or carer. A key is that the child/ young person is listened to in this process. Interim Conduct Plans must be documented and identify goals, objectives and tasks with clearly identified responsibilities and timeframes. Agreed outcomes (goals) must be realistic and achievable within available resources. Agreed outcomes should be communicated to the child/young person as well as other key stakeholders.

Is the child/young person considered suitable for participation in the YCO Scheme? Yes No

If Yes, outline the Interim Conduct Plan restrictive conditions and case management provisions in the attached Interim Conduct Plan Format.

If No, outline the reasons why the child/young person is considered inappropriate to participate in the YCO Scheme.

Reasons: ……………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………

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11 LEAD AGENCY

Recommended Lead Agency:

Reasons:

……………………………………………………………………………………………………………

…………………………………………………………………………………………………………….

Approved:

Chair: …………………………………………………..

(Insert LAC) CCSOG

Date:

Approved:

CCSOG Member (Lead Agency)

Date:

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12 COURT OUTCOME

Client Name: Client D.O.B: Client No.:

Next Court Date: Location: Suitability Assessment Yes Date Submitted: No Report Submitted: Interim Conduct Plan Yes Date Submitted: No Submitted: Representing Solicitor if any: Phone/Contact details: Magistrate Name:

Interim Conduct Plan granted Yes No

Records updated: Yes No

Reasons why Interim Conduct Plan not granted: …………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………

Placement Address Details …………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………

Follow up by Receiving Office of Lead Agency: Allocated Officer:

Comments: …………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………. ……………………………………………………………………………………………………………………

Signature Signature Lead Agency Receiving Officer: Manager: Office: Office: Date: Date:

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Appendix 2:

Stage Two Final Youth Conduct Order Suitability Assessment Report

Introduction:

The Children (Criminal Proceedings) Act 1987 defines suitability assessment as “an assessment as to a child’s capacity and prospects to participate in the (Youth Conduct Orders) Scheme”.

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Stage Two

The purpose of the Stage Two Final Youth Conduct Order Suitability Assessment is to assess and analyse in detail the strengths, risks and needs of the child/young person and family/carers in order to develop the Final Conduct Plan (FCP).

The Lead Agency as defined by the CCSOG at completion of Stage One is responsible for nominating a suitably qualified person to work with the Case Coordinator on Stage Two.

The Stage Two Final Youth Conduct Order Suitability Assessment format is the DJJ CAF used in conjunction with the CAF Explanatory Notes. The time frame for FCPs is up to 12 months.

Stage Two assessments of children/young people for development of the FCP are strengths based. This means that during the assessment, priority is given to identifying and analysing the strengths that can be built upon to plan intervention strategies that can assist the child/young person to address the underlying causes of their offending behaviour and prevent re-offending.

The Assessment and Final Youth Conduct planning processes are interactive and involve participation of the child/young person, their family and/or carer. A key is that the child/young person is listened to in this process.

In conducting the Stage Two Final Youth Conduct Order Suitability Assessment and developing the FCP, the CCSOG Chairperson will ensure that arrangements are made for one or more meetings with the child/young person in order to prepare the FCP for the child. Where appropriate, the CCSOG will endeavour to ensure that a parent of the child is present at all times during any such meetings.

The Case Coordinator and the Lead Agency nominee will also consult face-to-face with all key agencies involved with the child/young person.

FCPs must be documented and identify goals, objectives and tasks with clearly identified responsibilities and timeframes. Goals must be realistic and achievable within available resources. Goals must be communicated to the child/young person as well as other key stakeholders.

The child/young person must be given an opportunity by the Case Coordinator and the person nominated by the Lead Agency to review the FCP. The FCP must be signed by the child/young person to confirm that they have been given an opportunity to review the FCP prior to submission to Court

The Stage Two Assessment i.e CAF Format must be completed in conjunction with the DJJ, CAF Explanatory Notes. The Explanatory Notes provide the logic behind the questions asked and give the assessor direction about how to identify and qualify strengths.

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COMPREHENSIVE ASSESSMENT FORMAT

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This document is protected by copyright. No part of this document may be reproduced without the expressed written approval of the Director General of the Department of Juvenile Justice.

This Comprehensive Assessment Format (CAF) has been developed by a collection of staff of various designations from across the Department, who formed the Effective Practice Working Group, as part of the Department’s Community Integration Project

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1 Confidentiality and Consent

See YCO/ASBPP Privacy Guidelines

2Demographics

(Please affix copy of CIMS “Details” Screen and review with client for accuracy)

Client Name: Client Date of Birth:

CIMS No: Gender: Male Female

CIMS Alerts: _

Cultural Identification: Language/s spoken:

Interpreter required: Yes No

Family Address:

Current Address (if different to above):

Phone contact details:

Any additional demographic Information:

Interview Dates:

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3 Prior and Current Offences

(Please attach Court antecedents) 1.Criminal history What previous convictions does the young person identify?

2. First offence At what age does the young person identify their first formal contact with the police. What was the nature of the contact and the outcome?

3. Previous Juvenile Justice Involvement Obtain from the young person their perspective regarding previous departmental involvement in the community and custody (if relevant).

4. Circumstances regarding the current offence: Obtain from the young person their perspective regarding their offence. Possible areas of enquiry may include: The what, where, when and with whom did the offence occur and congruence with police facts. Level of planning and impulsivity. The use of weapons. The choice of victims. The presence of violence and intimidation. The influence of substance use. The presence of co-offenders. The young person’s role in the offence (were they a leader or follower)?

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Question 4 Continued ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ………………………………………………………………………………………………………

5. Motives What does the young person offer as a motive for the offence? What were the young person’s aims? Did the offence go as the young person expected?

6. Offence Build-up Explore with the young person what was happening in their life around the time of the offence (eg, family, school, peers, finances, relationships).

7. Offence Patterns Are there similarities/ differences with previous offending behaviour, increase/decrease in seriousness and or frequency, specialisation/diversity of offences (eg proven or alleged violent, AOD or sexual offending), gaps in offending patterns, aggravating factors eg violence, weapons, cruelty, victim vulnerability, committed in company, planned.

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8. Beliefs and attitudes to offending Explore with the young person their positive and negative attitudes and beliefs regarding their offending. The analysis should include any denial or acceptance of the seriousness of his or her behaviour. Any acceptance or reluctance to accept responsibility for involvement in the most recent offence/s. An understanding or lack of understanding regarding the effect of his/her behaviour on victims (if victimless, on society). The experience of remorse if present. An understanding regarding the effects of his/her behaviour on family/carers. The belief that certain types of offences are acceptable. S/he thinks that further offending is inevitable.

……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ………………………………………………………………………………………………………

9. Strengths and Protective factors Identify any strength's identified with regard to current and prior offences section.

10. Evidence sources Identify all sources of information utilised in completing this section

………………………………. ………………………. ……/……/…… Name and Position Title Signature Date of Assessment

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4 Family and Living Circumstances

1. Complete Genogram or circle of influence. Identify significant caregivers, extended family members and significant others. Include detail regarding the relationship dynamics between these individuals.

2. Family History Please outline family history details including significant family events both positive and negative.

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3. Culture Explore the significance of culture to the young person and their attachment or lack of attachment to their culture?

4. Community Services involvement Explore any involvement or intervention by with the Department of Community Services? (Obtain permission to access information from the Department of Community Services if relevant)

5. Abuse and Domestic Violence Explore any personal history of abuse and or violence in the family (including physical, sexual, emotional)?

6. Trauma and significant incidents Does the young person or their family identify any significant events or trauma that continues to impact on their lives (eg death, illness, family break-up, negative refugee experiences)

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7. Family history of health, psychiatric, disability and substance use Is there any psychiatric disorders, chronic emotional instability or intellectually disability, substance misuse or problem gambling amongst the family?

8. Offending history Do any of the young person’s family or significant others have, or previously had, involvement in criminal justice system? Does the family present as having pro-criminal attitudes or values?

9. Family strengths and protective factors Family promotes pro-social values (eg clear behaviour guidelines, encourages education or employment)? Family supports young person? Young person has ongoing emotional support from, an/or attachment to, a parent and/or long-term caregiver or girlfriend/boyfriend, whether young person is living at home or independently? Family or caregiver income has legitimately provided for young person’s basic needs. Professional help/support (eg receiving support/counselling, other agency involvement with family?

10. Evidence sources Identify all sources of information utilised in completing this section

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11. Offence relevance Identify key offending issues relating to family and living circumstances or issues requiring immediate intervention.

………………………………. ………………………. ……/……/…… Name and Position Title Signature Date of Assessment

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5 Education and Employment

1. School performance Obtain the young person’s, family’s and school’s perspective as to young person’s educational performance. Some areas of inquiry may include: current and past school performance, areas of education interest and success, contact with school counsellors and special classes, general behaviour, truancy, suspensions and expulsions, school based peer networks, literacy and numeracy abilities

………………………………………………………………………………………………………. ………………………………………………………………………………………………………. ………………………………………………………………………………………………………. ………………………………………………………………………………………………………. ………………………………………………………………………………………………………. ………………………………………………………………………………………………………. ………………………………………………………………………………………………………. ………………………………………………………………………………………………………. ……………………………………………………………………………………………………….. ……………………………………………………………………………………………………….. ……………………………………………………………………………………………………….. ………………………………………………………………………………………………………..

2. Employment history Obtain the young person’s employment history. Some areas of inquiry may include: nature and frequency of current employment, any previous employment completed, relationships with employers and co-workers, explanations for unemployment, contact with TAFE colleges, recent attempts to find employment, areas of interest and expertise.

3. Goals What goals does the young person have regarding their education or working future. How do they intend to achieve this?

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4. Strengths and Protective factors Identify any strengths identified with regard to Education and Vocation section. School is interested in the young person’s progress, keen to get involved and help? In secure employment or developed goals to gain employment.

5. Evidence sources Identify all sources of information utilised in completing this section

6. Offence relevance Identify key offending issues relating to education and employment or issues requiring immediate intervention.

………………………………. ………………………. ……/……/…… Name and Position Title Signature Date of Assessment

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6 Peer Relations

1. Peer Structure Explore the structure and make up of the young person’s peer networks. Some areas of enquiry may include: age differences, cultural make up, offending history, substance use.

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2. Peer dynamics Explore the dynamics of the young person’s peer networks including the level of attachment to peers or the significance peers have for the young person, the position of the young person within the group and the impact the young person’s offending has had on his peer group.

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3. Strengths and Protective factors Identify any strengths identified with regard to Peers section. Possible strengths may include some pro-social friends who are not involved in offending and model positive social behaviours (eg sporting groups, attend school, are employed) Young person appears socially competent and demonstrates social skills and engages appropriately with adults/peers. Strong, stable relationship with an adult outside of the family home (eg teacher, youth club leader, neighbour).

………………………………………………………………………………………………………. ……………………………………………………………………………………………………….

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4. Evidence sources Identify key offence related issues or issues requiring immediate intervention.

5. Offence relevance Identify key offending issues relating to peers or issues requiring immediate intervention.

………………………………. ………………………. ……/……/…… Name and Position Title Signature Date of Assessment

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7 Neighbourhood

1. Neighbourhood dynamics Explore the dynamics of the young person’s neighbourhood. Some areas of enquiry may include, substance misuse, gang involvement, and presence or absence of resources.

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2. Strengths and Protective factors Identify any strengths with regard to neighbourhood section. Possible strengths may include: Community offers opportunities for the young person to get involved with activities (eg youth centre, sports facility that caters for the young person’s interests, other interest groups? If applicable, young person received strong support from cultural and ethnic communities

3. Evidence sources Identify all sources of information utilised in completing this section

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4. Offence relevance Identify key offending issues relating to the young persons neighbourhood or issues requiring immediate intervention.

………………………………. ………………………. ……/……/…… Name and Position Title Signature Date of Assessment

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8 Leisure and Recreation

1. Community affiliations Explore the young person’s involvement or interest in any clubs, organisations or sporting team at school or in the community?

2. Individual interests Explore the young person’s interest or involvement in any individual hobbies, and sports

3. Evidence sources Identify all sources of information utilised in completing this section

4. Offence relevance Identify key offending issues relating to leisure and recreation or issues requiring immediate intervention.

………………………………. ………………………. ……/……/…… Name and Position Title Signature Date of Assessment

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9 Substance Use

1. Substance use history Ever used Currently used of Frequency use Age at first use Time since use last Quantity of use use of Mode

Tobacco

Alcohol

Solvents

Cannabis

Ecstasy

Speed

Meth amphetamines

LSD

Cocaine

Heroin

Methadone

Tranquilisers

Steroids

Other

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2. Dynamics of substance use Explore with the young person the circumstances that relate to their drug use. Possible areas of enquiry may include: What, when and with whom that substance use occurs. Any adverse health effects. Impact of substance use has on behaviour. Perceptions of parents/carers regarding the young persons substance use. The young person’s motives for substance use and any overdose history

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3. Previous interventions Explore with young person any previous or current attempts to moderate/cease substance use

4. Motivation to change. Review the young person’s current motivation to change their substance misuse. Possible areas of enquiry may include: the young person’s awareness regarding the impact of substance use and any expressed desire to change their behaviour?

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5. Harm Minimisation Awareness Review young person awareness regarding harm-minimisation strategies

6. Evidence sources Identify all sources of information utilised in completing this section

7. Offence relevance Identify key offending issues relating to the young persons substance use history or issues requiring immediate intervention.

………………………………. ………………………. ……/……/…… Name and Position Title Signature Date of Assessment

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10 Thinking and Behaviour

1. Self Esteem Does the young person appear to have a negative view of themselves and lack any confidence in their abilities?

2. Anger and Emotional management Does the young person appear to have the ability to regulate their emotions effectively (e.g. anger, sadness, happiness)?

3. Concentration/ Attention Does the young person appear to have the ability to concentrate on tasks and maintain their attention?

4. Impulse control Does the young person appear to act without forethought and provocation?

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5. Planning and problem solving Does the young person demonstrate an ability to plan and problem solve? Do they recognise the possible consequences of their behaviour?

6. Evidence sources Identify all sources of information utilised in completing this section

7. Offence relevance Identify key offending issues relating to the young persons thinking and behaviour or issues requiring immediate intervention.

………………………………. ………………………. ……/……/…… Name and Position Title Signature Date of Assessment

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11 Motivation to Change

1. Explore the young person’s motivation to change their offending behaviour. Does the young person demonstrate an understanding of the problematic aspects of his/her own behaviour and any insight regarding long tem consequences of this behaviour?

2. Explore the young person’s demonstrated desire to address their offending behaviour and their confidence in their ability to change.

Please ask the young person to rate their feelings on the following scales (please circle)

How much does the young person want to stop all their offending behaviour.

Not at all interested Extremely Interested

12345678910

How confident is the young person in their ability to stop offending

Not at all confident Extremely Confident

12345678910

3. Explore the young persons capacity to identify strategies and supports to make the change.

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4. Explore the young person’s current or previous attempts to make a positive change and their expressed willingness to co-operate with others to achieve change.

5. Evidence sources Identify all sources of information utilised in completing this section

6. Offence relevance Identify key offending issues relating to the young persons motivation to change or issues requiring immediate intervention.

………………………………. ………………………. ……/……/…… Name and Position Title Signature Date of Assessment

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12 Health

Young persons reports regarding their health status are subject to NSW legislation regarding disclosure. Explicit and Informed consent is required prior to this information being reported to a secondary source.

1. Health issues Explore if any major health issues are present for the young person eg pregnancy, epilepsy, asthma, history of major head injury and diabetes.

2. Health risks Explore if any of the following relate to the young person: unprotected sex, sharing drug-using equipment, poly drug use, binge drinking and exposure to violence

3. Access to Health Care Explore whether the young person accesses medical services regularly. Do they have a Medicare card? Also consider the young person’s ability to access appropriate health care services (eg dentist).

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4. Evidence sources Identify all sources of information utilised in completing this section

5. Offence relevance Identify key offending issues relating to the young persons health or issues requiring immediate intervention.

………………………………. ………………………. ……/……/…… Name and Position Title Signature Date of Assessment

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13 Mental Health

1. Is there a history of mental health issues for the young person? Has the young person seen a psychiatrist, psychologist or counsellor? Does the young have any current mental health diagnosis?

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3. Has young person ever felt that things were so bad that it wasn’t worth living? Yes No

4. Has young person ever had thoughts of hurting themselves or suicide? Yes No

5. Have they had these thoughts recently? Yes No

6. If yes, does the young person have a plan? Yes No

7. Comment on young person’s mood, affect/behaviour. Any action required in relation to observations?

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If yes to any of the above, a notification is to be made to Local Management

8. Evidence sources

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8. Evidence sources Identify all sources of information utilised in completing this section.

9. Offence relevance Identify key offending issues relating to the young persons mental health or issues requiring immediate intervention.

………………………………. ………………………. ……/……/…… Name and Position Title Signature Date of Assessment

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14 Disability

1.Does the young person have difficulty understanding ordinary language, including instructions and questions (is he or she slow to react or respond, not sure what to do)?

……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ………………………………………………………………………………………………………

2.Is there anything unusual about the way they speak (e.g., more than usually reluctant to talk, slow speech, unusual emphasis in tone, limited vocabulary)?

3.Does he or she have trouble remembering what you just told them? (Once or twice in the interview, ask them to repeat what you just said).

4.Does he or she have trouble using the concept of time in a practical way? (Yesterday, tomorrow, next week).

5.Is he or she capable of paying attention, or easily distractible?

6.Is there anything about the way they look, walk, hold a pencil or glass of water, which suggests something is ‘not quite right’ (e.g., lack of physical coordination)?

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7.Is their social behaviour more like that of a much younger person; e.g., are they too friendly, more comfortable with someone younger than their age appropriate peers, or acting in a younger way than their age group? This may be disguised if a person is a follower. Otherwise the person may be easily stood over or bullied.

If you have responses to any of the above questions, ask the person, or their carer/parent:

8.Did this person meet age appropriate milestones? (learn to walk, talk, read, dress or care for themselves at around the usual ages)

9. Has the person ever been to a special school, or a special class at school? If so, what sort?

10. Has the person ever been to a service for people with disabilities?

11. Other Disability issues Does the young person have a hearing, visual (or other) impairment?

………………………………………………………………………………………………………. ………………………………………………………………………………………………………. ……………………………………………………………………………………………………….

12. Evidence sources Identify all sources of information utilised in completing this section

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13. Offence relevance Identify key offending issues relating to disability or issues requiring immediate intervention.

………………………………. ………………………. ……/……/…… Name and Position Title Signature Date of Assessment

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15 Positive Protective factors

1. Individual protective factors: In addition to the positive and protective factors identified previously within the Comprehensive Assessment Format, is the young person characterised by any of the following individual protective factors:

Resilience: where young person has capacity to spring back from adversity, cope with difficulties, be adaptable. Has a positive future outlook characterised by a sense of direction, pro-social goals, optimistic views? Has engaged well with support service and has been responsive to previous interventions?

………………………………………………………………………………………………………. ………………………………………………………………………………………………………. ………………………………………………………………………………………………………. ………………………………………………………………………………………………………. ………………………………………………………………………………………………………. ………………………………………………………………………………………………………. ………………………………………………………………………………………………………. ………………………………………………………………………………………………………. ………………………………………………………………………………………………………. ………………………………………………………………………………………………………. ………………………………………………………………………………………………………. ………………………………………………………………………………………………………. ……………………………………………………………………………………………………….

2. Evidence sources Identify all sources of information utilised in completing this section

………………………………. ………………………. ……/……/…… Name and Position Title Signature Date of Assessment

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16 Youth Level of Service Inventory (YLS/ CMI-AA)

Please complete YLS/ CMI-AA based on the information contained within the Comprehensive Assessment Format.

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17 Comprehensive Assessment Formulation

1. Are there any immediate interventions required?

………………………………………………………………………………………………………. ………………………………………………………………………………………………………. ………………………………………………………………………………………………………. ………………………………………………………………………………………………………. ………………………………………………………………………………………………………. ………………………………………………………………………………………………………. ………………………………………………………………………………………………………. ………………………………………………………………………………………………………. ………………………………………………………………………………………………………. ……………………………………………………………………………………………………….

2. What offence specific factors require specialist attention? (eg Sexual Offending, Violent Offending or Alcohol and Other Drug related Offending)

………………………………………………………………………………………………………. ………………………………………………………………………………………………………. ………………………………………………………………………………………………………. ………………………………………………………………………………………………………. ………………………………………………………………………………………………………. ………………………………………………………………………………………………………. ………………………………………………………………………………………………………. ………………………………………………………………………………………………………. ………………………………………………………………………………………………………. ……………………………………………………………………………………………………….

3. What specific ciminogenic/offending related needs require immediate or ongoing intervention (See offence relevance sections).

………………………………………………………………………………………………………. ………………………………………………………………………………………………………. ………………………………………………………………………………………………………. ………………………………………………………………………………………………………. ………………………………………………………………………………………………………. ………………………………………………………………………………………………………. ………………………………………………………………………………………………………. ………………………………………………………………………………………………………. ………………………………………………………………………………………………………. ……………………………………………………………………………………………………….

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4. What issues do we need to consider that may impact on the young person’s ability to address their identified criminogenic/ offending needs?

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5. What strengths and protective factors exist that will assist the young person in addressing their needs?

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6. What is the overall risk/need description (YLS/CMI/AA needs score evaluated in the context of the proceeding 5 questions)

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 4022 OFFICIAL NOTICES 3 July 2009 Timeframe Start/End Timeframe Start/End 78 Youth Orders Conduct Scheme Interim Conduct Plan (ICP) Responsibility Responsibility Appendix 3: ICP Positive Conduct Provisions ICP Conduct Restriction Provisions Youth Conduct Orders Scheme Directions

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3 July 2009 OFFICIAL NOTICES 4023 Start/End Timeframe Agency Responsible 79 Youth Orders Conduct Scheme Interim Conduct Plan (ICP) Actions to Outcomes Achieve Appendix 3: Outcomes 1 Accommodation Current issues for the child or young person: Youth Conduct Orders Scheme Directions

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 4024 OFFICIAL NOTICES 3 July 2009 Start/End Timeframe Agency Responsible 80 Youth Orders Conduct Scheme Interim Conduct Plan (ICP) Actions to Outcomes Achieve Appendix 3: Outcomes 2 Health/ Clinical Services Current issues for the child or young person: Youth Conduct Orders Scheme Directions

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 4026 OFFICIAL NOTICES 3 July 2009 Start/End Timeframe Agency Responsible 82 Youth Orders Conduct Scheme Interim Conduct Plan (ICP) Actions to Outcomes Achieve Appendix 3: Outcomes 4 Emotional and Social Functioning Current issues for the child or young person: Youth Conduct Orders Scheme Directions

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3 July 2009 OFFICIAL NOTICES 4027 Start/End Timeframe Agency Responsible 83 Youth Orders Conduct Scheme Interim Conduct Plan (ICP) Actions to Outcomes Achieve Appendix 3: Outcomes 5 Family Relationships and Functioning Current issues for the child or young person: Youth Conduct Orders Scheme Directions

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3 July 2009 OFFICIAL NOTICES 4029 85 Date FCP reviewed by child/young person: Role Address Contact Details Youth Orders Conduct Scheme Final Conduct Plan (FCP) Age Appendix 4: s Organisation Relationship (Significant supports – Non agency): Name Scheme Direction s r Name of / Young Child Person YCO Case Number Date of birth Gender Home Address Date approved by CCSOG Date approved by Magistrate Signature Child/Young Person LEAD & PARTNER AGENCIESName Lead FAMILY COMPOSITION Family Member Mother Father Child 1 Child 2 Child 3 Child 4 Other FAMILY SUPPORT NETWORK Name Youth Conduct Orde

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3 July 2009 OFFICIAL NOTICES 4031 Start/End Timeframe 87 Agency Responsible Youth Orders Conduct Scheme Final Conduct Plan (FCP) Actions to Outcome Achieve Appendix 4: s Scheme Direction s r Outcomes 1 Accommodation Current issues for the child or young person: Youth Conduct Orde

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 4032 OFFICIAL NOTICES 3 July 2009 Start/End Timeframe 88 Agency Responsible Youth Orders Conduct Scheme Final Conduct Plan (FCP) Actions to Outcome Achieve Appendix 4: s Scheme Direction s r Outcomes 2 Health/ Clinical Services Current issues for the child or young person: Youth Conduct Orde

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3 July 2009 OFFICIAL NOTICES 4033 Start/End Timeframe 89 Agency Responsible Youth Orders Conduct Scheme Final Conduct Plan (FCP) Actions to Outcome Achieve Appendix 4: s Scheme Direction s r Outcomes 3 Education/ Vocation Current issues for the child or young person: Youth Conduct Orde

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 4034 OFFICIAL NOTICES 3 July 2009 Start/End Timeframe 90 Agency Responsible Youth Orders Conduct Scheme Final Conduct Plan (FCP) Actions to Outcome Achieve Appendix 4: s Scheme Direction s r Outcomes 4 Emotional and Social Functioning Current issues for the child or young person: Youth Conduct Orde

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3 July 2009 OFFICIAL NOTICES 4035 Start/End Timeframe 91 Agency Responsible Youth Orders Conduct Scheme Final Conduct Plan (FCP) Actions to Outcome Achieve Appendix 4: s Scheme Direction s r Outcomes 5 Family Relationships and Functioning Current issues for the child or young person: Youth Conduct Orde

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Appendix 5:

Case Coordination Senior Officers Group Meeting Guidelines

Introduction

The following Case Coordination Senior Officers Group (CCSOG) Meeting Guidelines have been developed to provide guidance and direction to CCSOG members in fulfilling their role and responsibilities within the Youth Conduct Orders (YCO) Scheme and the requirements of the Children (Criminal Proceedings) Act 1987 and the Children (Criminal Proceedings) Regulation 2005.

Some sections of these Guidelines are based on legislative Scheme Directions for the operations of the CCSOG and therefore use the word “must”. Any section that uses the word “must” is a procedure rather than a guideline and must be adhered to.

1 CCSOG Membership:

1.1 For the purposes of transacting any of its business, each CCSOG must be constituted as follows:

a) a Chairperson appointed by the Director General of the Department of Premier and Cabinet (DPC) (or his or her delegate) (see 2 below); b) one Police officer nominated in writing by the Commissioner of Police (or his or her delegate) to represent the NSW Police Force (NSWPF); c) one person nominated in writing by the Director General of the Department of Juvenile Justice (DJJ) (or his or her delegate) to represent DJJ; d) one person nominated in writing by the Director General of the Department of Community Services (DoCS) (or his or her delegate) to represent DoCS; e) one person nominated in writing by the Director General of the Department of Education and Training (DET) (or his or her delegate) to represent DET; f) one person nominated in writing by the Chief Executive of an area health service (or his or her delegate), being an area health service that is designated by the Director General of DPC as the appropriate area health service to make the nomination for the Group; and

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g) such other persons (if any) as may be nominated in writing by the following heads of government agencies (or their delegates) to represent the agency of which they are the head:

• Director General of Housing NSW • Director General of the Department of Aboriginal Affairs • Director General of the Department of Ageing, Disability and Home Care • Director General of the Department of Arts, Sport and Recreation • Commissioner of Corrective Services for the Department of Corrective Services • Director General of Premier and Cabinet • Director General of the Department of Health • Chief Executive of Justice Health

1.2 The Chairperson must keep copies of the written nominations of persons to be members.

1.3 Quorum

The Quorum for a meeting of the CCSOG must comprise “at least’ the Chairperson and the five members representing the following agencies [as per 1.1 b) to f)]:

• NSWPF • DJJ • DoCS • DET • NSW Area Health

2 CCSOG Chairperson

2.1 Meetings of the CCSOG must be chaired by the Chairperson.

2.2 The Chairperson of the CCSOG is appointed by the Director General of DPC.

2.3 If the Chairperson is unable to attend or is temporarily absent, the position of “presiding member” is nominated by the CCSOG meeting members present and minuted.

3 Role and Functions

The role of the CCSOG is to oversee the development, implementation, monitoring and review of an integrated case management response to children and young people and their families or carers who are subject to the YCO Scheme or the Anti-Social Behaviour Pilot Project (ASBPP).

The CCSOG membership comprises senior officers from the relevant human services and justice agencies operating locally. Both the YCO Scheme and the ASBPP which operates concurrently are managed by the same CCSOG. The YCO Scheme focuses on children and

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young people who have progressed further along the offending path than those involved in the ASBPP.

3.1 The functions of the CCSOG are to oversee:

• Preparation and approval of Stage One and Two Suitability Assessments • Preparation and approval of Interim Conduct Plans • Preparation and approval of Final Conduct Plans • Preparation and approval of Compliance Reports • Preparation and approval Scheme Operation Reports • Monitoring and review of the YCO Scheme and the ASBPP

4 Secretariat Role

4.1 Unless otherwise determined by the CCSOG, the Secretariat support to the CCSOG will be provided by the Case Coordinator.

5 Convening Meetings

5.1: The Chairperson of the CCSOG must ensure that the CCSOG meeting is convened as soon as is possible following notification from the Children’s Court Magistrate that a Referral for a Suitability Assessment has been made.

5.2: NB: The Suitability Assessment report must be completed within 7 days (or such further period as the Children’s Court may allow) after the CCSOG is notified of the Suitability Assessment referral.

6 Suitability Assessments

6.1 Unless otherwise determined by the CCSOG, the Stage One Suitability Assessment Report and the Draft Interim Conduct Plan (ICP) are prepared for the approval of the CCSOG by the Case Coordinator and must be submitted to the CCSOG within a timeframe stipulated by the CCSOG and prior to the CCSOG meeting.

6.2 It is the responsibility of the CCSOG to identify the Lead Agency as part of the Stage One Assessment.

6.3 Unless otherwise determined by the CCSOG, the Stage Two Suitability Assessment Report and Draft Final Conduct Plan (FCP) are prepared by the Case Coordinator in conjunction with a suitably qualified person nominated by the Lead Agency for the approval of the CCSOG. These documents must be submitted within a timeframe stipulated by the CCSOG and prior to the CCSOG meeting.

6.4 The CCSOG agenda and briefing notes for each agenda item are prepared by the Secretariat. These briefing notes take into account all last-minute additional information and are provided to the Chairperson shortly before the CCSOG meeting. If the Chairperson requires, a briefing meeting is arranged by the Secretariat at a convenient time prior to the meeting.

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6.5 CCSOG members who wish to raise an issue in relation to a proposed ICP or FCP must provide case documentation to support the discussion.

7 Preliminary procedural matters

7.1 The Chairperson, prior to the conduct of formal business, attends to the following preliminary matters:

1. Opening remarks, including welcoming new members and recording apologies. 2. Confirmation of the Minutes of the previous meeting and any other unconfirmed Minutes or out-of-session authorisations. 3. Confirmation that all matters arising from Minutes of previous meetings have been dealt with. 4. Adoption of the agenda and seeking special requests from members regarding placement of items.

8 Decision making

8.1 The preferred decision making method is that CCSOG members will reach decisions by consensus. It is the role of the Chairperson to facilitate decision making by consensus where possible.

8.2 It is important to note that all decisions in relation to ICPs and FCPs must be made and be justifiable as being made in the best interests and well being of the child or young person and their family, based on the evidence contained in the Stage One and Stage Two Assessment Criteria and Reports.

8.3 The CCSOG must only be considered to have reached a decision if the decision is supported by the majority of the votes cast at a meeting where the Quorum (as outlined in 1.3) is present.

8.4 Where decision making by consensus is not possible, the Chairperson must have a deliberative vote and, in the event of an equality of votes, has a second or casting vote.

9Media

9.1 The Chairperson of the CCSOG and members of the CCSOG are not designated spokespersons for the YCO Scheme or ASBPP. Any media related queries and/or incidents or issues with media interest must be referred to the Program Delivery Branch, Government Coordination Division, DPC for coordination of a response.

10 Minuting and follow-up actions

10.1 The Secretariat is responsible for the production and distribution of draft Minutes to CCSOG members within ten working days of the meeting.

10.2 The Chairperson must ensure that the name of each person attending the CCSOG meeting is noted in the Minutes.

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10.3 Comments and suggested amendments to the draft Minutes are then provided to the Secretariat. On receipt of comments and suggested amendments, the Secretariat liaises with the Chairperson regarding revised draft Minutes, which are forwarded as final Minutes to CCSOG members according to the normal distribution formula.

10.4 For formal confirmation, the final version is included in the set of agenda papers for the subsequent major meeting of the CCSOG.

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NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 4042 PRIVATE ADVERTISEMENTS 3 July 2009 PRIVATE ADVERTISEMENTS COUNCIL NOTICES MAITLAND CITY COUNCIL COROWA SHIRE COUNCIL Naming of Public Roads Local Government Act 1993 NOTICE is hereby given that Maitland City Council, in pursuance of section 162 of the Roads Act 1993 and Part 2 Land Acquisition (Just Terms Compensation) Act 1991 of The Roads (General) Regulation 2000, has approved the Notice of Compulsory Acquisition of Land following new road name/s for gazettal: Deposited Plan/Location Road Name COROWA SHIRE COUNCIL declares, with the approval of Her Excellency the Governor, that the land described DP 11264152, off Raymond Terrace Swiftwing Close. in Schedule 1 below, excluding the interest described in Road, Chisholm. Schedule 2 below and any mines and deposits of minerals The above road names have been advertised and notiﬁ ed. within the land, is acquired by compulsory process in No objections to the proposed name/s have been received accordance with the provisions of the Land Acquisition during the prescribed 28 day period. DAVID EVANS, General (Just Terms Compensation) Act 1991 for the purpose of a Manager, Maitland City Council, High Street (PO Box 220), stormwater detention basin. Maitland NSW 2320. [4698] Dated at Corowa this Wednesday 1st day of July 2009. B. PARR, SINGLETON COUNCIL Acting General Manager Roads Act 1993, Section 162

SCHEDULE 1 Naming of Public Roads Lot 35 DP 1123245. NOTICE is hereby given that Singleton Council, in pursuance of Section 162 of the Roads Act 1993 and the Roads (General) SCHEDULE 2 Regulation 2000, has named the following road. Description New Name E1 – Right of Carriageway 10 Wide. [4695] That section of road approximately Brooker Close. 580m on the north western side of HOLROYD CITY COUNCIL Wattle Ponds Road measured from Pesticide Use Notifi cation Plan Revised April 2009 the intersection of Wattle Ponds Road and Bridgman Road. NOTICE is hereby given that in accordance with new Authorised by resolution of the Council on 8 December amendments to the Pesticides Regulation 1995 and following 2008. G WOODMAN, A/General Manager, P O Box 314, community consultation, Council has adopted its Pesticide Singleton NSW 2330. [4699] Use Notification Plan Revised April 2009. Council’s Pesticide Use Notifi cation Plan Revised April 2009 will apply to all public areas owned or controlled by Holroyd YASS VALLEY COUNCIL City Council where pesticides are used. Council’s Pesticide Use Notifi cation Plan Revised April 2009 will be displayed Local Government Act 1993 on its website www.holroyd.nsw.gov.au and will be made Land Acquisition (Just Terms Compensation) Act 1991 available for viewing at Council’s Customer Service Centre within the Council Administration Building, 16 Memorial Notice of Compulsory Acquisition of Land Avenue, Merrylands. MERV ISMAY, General Manager, YASS VALLEY COUNCIL declares with the approval Council Chambers, PO Box 42, Merrylands NSW 2160. of Her Excellency the Governor that the land described in schedule 1 below, excluding any mines or deposits of [4696] minerals in that land and the interest described in schedule 2 below, is acquired by compulsory process in accordance MAITLAND CITY COUNCIL with the provisions of the Land Acquisition (Just Terms Roads Act 1993, Section 10 Compensation) Act 1991 for the purpose of rehabilitation. Dated at Yass, this 3rd day of June 2009. PAUL DE SZELL Dedication of Land as a Public Road Acting General Manager, Yass Valley Council, PO Box 6, NOTICE is hereby given that in accordance with Section 10 Yass NSW 2582. of the Roads Act 1993, the land described in the Schedule below is dedicated to the public as road. DAVID EVANS, SHEDULE 1 General Manager, Maitland City Council, PO Box 220, Maitland NSW 2320. Lot 103 DP1135241.

SCHEDULE SHEDULE 2 Lot 2, DP 1136703, being land situated on Tocal Road, “(Q) Proposed easement for water supply 5 wide (DP Mindaribba. 1105840)”.

[4697] [4700]

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 3 July 2009 PRIVATE ADVERTISEMENTS 4043

ESTATE NOTICES NOTICE of members’ voluntary liquidation.—QSB PTY LTD, ACN 103 677 103.—Notice is hereby given that at an NOTICE of intended distribution of estate.–Any person extraordinary general meeting of the abovenamed company, having any claim upon the estate of ISAAC DANZIGER late held on the following special resolution was duly passed: of Rose Bay, NSW, in the State of New South Wales, who “That the company be wound up voluntarily”. On the same died on 19 September 2007, must send particulars of his/her day pursuant to section 495(1), Keith Saunders of Messrs claim to the executors Michael Danziger, Freda Danziger Roberts & Morrow, was appointed liquidator. Dated this and Tomoko Danziger, care of Conway Lawyers, Level 7, 25th day of June 2009. KEITH SAUNDERS, Liquidator, c.o. 9 Hunter Street, Sydney NSW 2000 within one (1) calendar Messrs Roberts & Morrow, Chartered Accountants, Level month from publication of this notice. After that time the 1, 3 Duggan Street, PO Box 521, Toowoomba, QLD 4350, executors may distribute the assets of the estate having regard tel.: (07) 4694 0540. [4703] only to the claims of which at the time of distribution the executors have notice. Probate was granted in New South Wales on 7 April 2009. CONWAY LAWYERS, Level 7, 9 NOTICE of final meeting of members.—JALORAN Hunter Street, Sydney NSW 2000, tel.: 9222 8000. [4701] HOLDINGS PTY LTD, ACN 001 153 966 (in liquidation).— On 30th June 2009 a members resolution was passed that the company be wound up voluntarily and that Mr PAUL COMPANY NOTICES DE MARIA be appointed Liquidator. HALES REDDEN, Registered Company Auditors, 24 Bay Street (PO Box 54), NOTICE of voluntary liquidation.–W.A.S. HOLDINGS PTY Rockdale, NSW 2216, tel.: (02) 9567 0545. [4704] LTD, ACN 000 287 758 (in liquidation).–Notice is hereby given pursuant to Section 491(2) of the Corporations Act 2001, that at a meeting of Shareholders of W.A.S. Holdings Pty Ltd duly convened and held on the 26 June 2009, it was resolved that the Company be wound up voluntarily as a Members Voluntary Liquidation and that the assets of the Company may be distributed in whole or in part to the members in specie should the Liquidator so desire and by ordinary resolution that BRENT ANTONY PERKINS be appointed Liquidator. Dated: 26 June 2009. BRENT ANTONY PERKINS, Liquidator, Box 29, Hunter Region Mail Centre NSW 2310, tel.: (02) 4923 4000. [4702]

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99 4044 PRIVATE ADVERTISEMENTS 3 July 2009

Authorised to be printed ISSN 0155-6320 DENIS H. HELM, Government Printer.

NEW SOUTH WALES GOVERNMENT GAZETTE No. 99