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Compliance Report November 2015

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Compliance Report November 2015 Compliance Report November 2015 Compliance Report November 2015 The Department of Planning and Environment's Compliance Team works with communities across NSW to ensure projects such as mines, industrial sites, major developments and infrastructure meet the strict conditions included in their approvals. Our Compliance Team works closely with the community, an important role in educating proponents, community local councils and other state and federal government members and other stakeholders about the Department's agencies to educate proponents, investigate potential compliance functions. breaches and carry out enforcement where necessary. Education sessions allow the Department to reinforce Information from community members is an important expectations, better understand industry-specific issues, avenue for the Compliance Team to learn about issues to the systems used to ensure compliance, listen to investigate. Enforcement can range from negotiating fixes, community concerns, provide feedback on sector or issuing penalty notices and, in serious cases, criminal company performance, and promote best practice across prosecutions. As well as conducting monitoring and all industry sectors. enforcement activities, the Compliance Team plays Compliance Education Monitoring Enforcement Activity Below is a snapshot of the Compliance Team's activity in November 2015: COMPLIANCE MONITORING ACTIVITIES NOVEMBER 2015 2015/2016 Total Inspections and surveillance carried out 50 268 New investigations commenced this month 9 57 Review of compliance documentation 28 234 Subtotal compliance monitoring 87 559 ENFORCEMENT ACTIVITIES NOVEMBER 2015 2015/2016 Total Compliance warning letters issued 2 13 Orders imposed 0 0 Penalty notices and fines imposed 0 4 Prosecutions 0 0 Subtotal enforcement 2 17 2 Compliance Report November 2015 Monitoring The Department's Compliance Team conducted 50 inspections to monitor compliance against conditions of approval, with some projects inspected multiple times during the month. • Royal Northshore Hospital (Willoughby City Council) Infrastructure and other projects • Santai Resort, Casuarina Beach (Tweed Shire Council) x • 225 George St, Grosvenor Tower (Council of the City of 2 Sydney) • Sassafras Estate (Tweed Shire Council) • 30-34 Marine Parade, Kingscliff (Tweed Shire Council) • Sydney CBD and South East Light Rail Project (Council of • Altitude Aspire Residential Subdivision (Tweed Shire the City of Sydney, Leichardt Municipal Council and Council) Randwick City Council) • Brunswick Residential Development, Bayside Road (Byron • Sydney Olympic Park 100 Bennelong Parkway (Auburn Shire Council) City Council) • Black Rocks Estate (Tweed Shire Council) • Tweed Coast and Hastings Road Commercial Building • Casuarina Town Centre (Tweed Shire Council) (Tweed Shire Council) • Coastal Grove Residential Development (Ballina Shire • Tweed Ultima – Mixed Use Development (Tweed Shire Council) Council) x 2 • Cobaki Residential Development (Tweed Shire Council) x Mines/Quarries 2 • Ardmore Park Quarry (Goulburn-Mulwaree Council) • Cotton Beach Mixed Use Development (Tweed Shire Council) • Barina Hard Rock Quarry (Upper Lachlan Shire Council) • Epping to Thornleigh Third Track (ETTT) (Hornsby Shire • Bengalla Coal Mine (Muswellbrook Council) Council) • Blakebrook Quarry (Lismore City Council) • Fraser Drive Residential Development (Tweed Shire • Champions Quarry (Lismore City Council) Council) x 2 • Clarence Colliery (Lithgow City Council) • Googong Water Cycle Project (Queanbeyan Council; • Drayton Coal Mine (Muswellbrook Council) Palerang Council) • Ivanhoe North (Lithgow City Council) • Illawarra International; Health Precinct (Wollongong City • Mackas Sand (Port Stephens Council) Council) • Mount Arthur Coal Mine (Muswellbrook Council) x 2 • Kings Forest Residential Development (Tweed Shire • Moolarben Coal Mine (Mid-Western Regional Council) Council) • Salt Ash Quarry (Port Stephens Council) • Maitland to Minimbah Third Track (Cessnock City Council, Maitland City Council and Singleton Council) • Warkworth Coal Mine (Singleton Council) • Mullumbimby Supermarket (Byron Shire Council) • Wilpinjong Coal Mine (Mid-Western Regional Council) • Pacific Highway Upgrade – Ballina Bypass (Ballina Shire Industry Council) • St Marys Chemical Waste Facility (Fairfield City Council) • Pacific Highway Upgrade – Tintenbar to Ewingsdale (Ballina Shire Council & Byron Shire Council) • Elf Mushrooms Farm and Substrate Plant (Penrith City Council) • Pacific Pines Estate (Ballina Shire Council) x 2 • Peppers Tourist Resort (Tweed Shire Council) 3 Compliance Report November 2015 Enforcement Warning Letter issued to Boral Concrete Tweed (Chinderah) Batching Plant On 16 October 2015, the Department issued a Warning Letter to Boral Construction Materials and Cement. The non- compliances related to a failure to submit required reports and an exceedance of production limits in 2011/12. The Department determined that the proponent had failed to prepare required reports for the project and had exceeded its production limit in 2011/12. • The company has since provided a consolidated report to address those that were not submitted and put in place an automated database to ensure that production limits are not exceeded. In these circumstances the Department has determined that a Warning Letter is an appropriate enforcement response to deter future non-compliance. Warning Letter issued to Bulli Seam Coal Operations On 13 November 2015, the Department issued a Warning Letter to South32, the proponent of the Bulli Seam Coal Operations. The Department found that the proponent had failed to undertake consultation and to obtain the Secretary’s approval for a compensatory water supply to an owner of a privately-owned property. The Department found that the proponent had failed to undertake consultation with the NSW Office of Water and to obtain the Secretary’s approval for providing a compensatory water supply to an owner of a privately-owned property, as required under the approval • The proponent had consulted with the landowner and provided a compensatory water supply, which was confirmed to be to the landowner’s satisfaction. • In these circumstances the Department has determined that a Warning Letter is an appropriate enforcement response to deter future non-compliance. Education Industry education – NSW Roads and Maritime Services (RMS) • On 30 November 2015 as part of its industry education program the Department gave a presentation to RMS at their annual environment forum. • RMS are the proponents of various major infrastructure projects across NSW. • The annual forum brings together RMS Environment Branch staff from across NSW and representatives from other government agencies share ideas and discuss new policy, procedures, research findings and lessons learnt. • The forum provided an outstanding opportunity for the Department to clearly articulate that strengthened compliance, monitoring and complaints management processes are essential elements of the Department’s sweeping new planning reforms. 4 Compliance Report November 2015 Location of NSW site visit 5 Compliance Report November 2015 Sydney metropolitan region site visits 6 .
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