Government Gazette
OF THE STATE OF
NEW SOUTH WALES
Week No. 46/2008 Friday, 14 November 2008 Published under authority by Containing numbers 143, 144, 145, 146 and 147 Government Advertising Pages 10819 – 11048 Level 16, McKell Building 2-24 Rawson Place, SYDNEY NSW 2001 Phone: 9372 7447 Fax: 9372 7425 Email: [email protected] CONTENTS Number 143 Holroyd Local Environmental Plan 1991 (Amendment No. 52) ...... 11013 SPECIAL SUPPLEMENT Maclean Local Environmental Plan 2001 Workcover Guidelines for the Evaluation of (Amendment No. 19) ...... 11015 Permanent Impairment ...... 10819 Richmond River Local Environmental Plan 1992 (Amendment No. 23) ...... 11020 Number 144 Department of Primary Industries ...... 11024 SPECIAL SUPPLEMENT Roads and Traffi c Authority ...... 11026 Removal and Appointment ...... 10919 Other Notices ...... 11030 Number 145 PRIVATE ADVERTISEMENTS (Council, Probate, Company Notices, etc) ...... 11043 SPECIAL SUPPLEMENT Civil Liability Legislation Amendment Act 2008 No 84 ...... 10921 DEADLINES Number 146 SPECIAL SUPPLEMENT Attention Advertisers . . . Total Fire Ban - 13 November 2008 ...... 10923 Government Gazette inquiry times are: Number 147 Monday to Friday: 8.30 am to 4.30 pm LEGISLATION Phone: (02) 9372 7447; Fax: (02) 9372 7425 Assents to Acts ...... 10927 Email: [email protected] Proclamations ...... 10928 Regulations – GOVERNMENT GAZETTE DEADLINES Building Professionals Amendment (Reports) Close of business every Wednesday Regulation 2008 ...... 10930 Except when a holiday falls on a Friday, deadlines will be Environmental Planning and Assessment altered as per advice given on this page. Amendment (Reports) Regulation 2008 ...... 10932 Independent Pricing and Regulatory Tribunal Freedom of Information Act 1989 (Country Energy) Regulation 2008 ...... 10937 Summary of Affairs for 24 December 2008 Pesticide Amendment (Notifi cation of Proposed deadline 4.30 pm, 12 December 2008 Use) Regulation 2008 ...... 10940 Communications and Advertising Orders – Level 16, McKell Building Independent Pricing and Regulatory Tribunal 2-24 Rawson Place, Sydney NSW 2000 (Country Energy) Order 2008 ...... 10950 Special Contributions Area (Wyong Employment Christmas deadlines Zone) Order 2008 ...... 10952 Due to Public Holidays over the Christmas and New Special Contributions Area (Warnervale) Year period the deadlines for inclusion in the Order 2008 ...... 10953 Gov ern ment Gazette are: OFFICIAL NOTICES Christmas – Gazettal on the 24 December 2008 Appointments ...... 10954 deadline close of business on the 22 December 2008 Department of Lands ...... 10955 New Year – Gazettal on the 2 January 2009 Department of Planning – deadline close of business on the 30 December 2008 State Environmental Planning Policy (Major Projects) 2005 (Amendment No. 29) ..... 10970 Please Note: Byron Local Environmental Plan 1988 • Only electronic lodgement of Gazette contributions (Amendment No. 131) ...... 10992 will be accepted. Byron Local Environmental Plan 1988 • This publication is available on request via email, in (Amendment No. 136) ...... 10995 large print and/or on computer disk for people with Cessnock Local Environmental Plan 1989 a disability. To obtain copies of this publication in (Amendment No. 120) ...... 10997 either of these formats, please contact Denis Helm. Gosford Local Environmental Plan No. 463...... 11003 Great Lakes Local Environmental Plan 1996 Other formats, such as Braille and audio (cassette (Amendment No. 42) ...... 11006 tape), will be considered on a case-by-case basis. Harden Local Environmental Plan No. 7 ...... 11011
SEE the Government Advertising website at: www.advertising.nswp.commerce.nsw.gov.au/Home.htm 10819
Government Gazette OF THE STATE OF NEW SOUTH WALES Number 143 Friday, 7 November 2008 Published under authority by Government Advertising SPECIAL SUPPLEMENT
WORKCOVER GUIDELINES FOR THE EVALUATION OF PERMANENT IMPAIRMENT
I, Jon Blackwell, the Chief Executive Officer of the WorkCover Authority of New South Wales, under sections 322, 376 and 377 of the Workplace Injury Management and Workers Compensation Act 1998, issue the following guidelines.
Dated, this 6th day of November, 2008.
JON BLACKWELL, Chief Executive Officer WorkCover Authority of New South Wales 10820 SPECIAL SUPPLEMENT 7 November 2008
WORKCOVER GUIDES FOR THE EVALUATION OF PERMANENT IMPAIRMENT
3rd Edition 1 February 2009
Disclaimer
This publication contains information regarding occupational health, safety, injury management or workers compensation. It includes some of your obligations under the various workers compensation and occupational health and safety legislation that WorkCover NSW administers. To ensure you comply with your legal obligations you must refer to the appropriate Acts.
This publication may refer to WorkCover NSW administered legislation that has been amended or repealed. When reading this publication you should always refer to the latest laws. Information on the latest laws can be checked at www.legislation.nsw.gov.au or contact 1300 656 986.
Catalogue No.970 ISBN: 1 876995 04 1
WorkCover NSW 92-100 Donnison St Gosford NSW 2250 Locked Bag 2906 Lisarow NSW 2252 WorkCover Assistance Service 13 10 50 Email [email protected] Website www.workcover.nsw.gov.au
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Contents
Contents 1 Foreword 2 1 Introduction 3 2 Upper extremity 12 3 Lower extremity 15 4 The spine (excluding spinal cord injury) 24 5 Nervous system 31 6 Ear, nose, throat and related structures 34 7 Urinary and reproductive systems 38 8 Respiratory system 42 9 Hearing 44 10 The visual system 56 11 Psychiatric and psychological disorders 57 12 Haematopoietic system 65 13 The endocrine system 67 14 The skin 78 15 Cardiovascular system 83 16 Digestive system 85 Note: Evaluation of permanent impairment arising from chronic pain 86 Appendix 1: Working groups on permanent impairment 87 Appendix 2: Guidelines for medico-legal consultations and examinations 90 Appendix 3: Understanding medico-legal examinations 93
Questions regarding these guides should be directed to
Provider Services Branch Workers Compensation Division
WorkCover NSW
Tel: 1800 661 111
1
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Foreword
These Guidelines, known as the “WorkCover Guides”, are issued under section 376 of the Workplace Injury Management and Workers Compensation Act 1998 (the 1998 Act) for the purpose of assessing the degree of permanent impairment that arises from a work related injury or condition in accordance with section 322(1) of the 1998 Act. The first edition of the WorkCover Guides was issued in December 2001. The focus of the workers compensation legislation is injury management which aims to assist the injured worker to recover and return to work. When a worker sustains a permanent impairment, however, these Guides are intended to ensure an objective, fair and consistent method for evaluating the level of permanent impairment. This third edition of the WorkCover Guides replaces the second edition which was issued in November, 2006.
The Act requires that assessments of permanent impairment be made in accordance with these Guides. Medical specialists trained in the use of the WorkCover Guides are to assess the degree of permanent impairment arising from a work related injury or condition.
The WorkCover Guides are based on the American Medical Association’s (AMA) Guides to the Evaluation of Permanent Impairment, fifth edition. The AMA guides are the most authoritative and widely used source for the purpose of evaluating permanent impairment. However, extensive work by eminent medical specialists, representing all Medical Colleges, has gone into reviewing the AMA guides to ensure that they are aligned with Australian clinical practice.
These Guides apply to all assessments of the degree of permanent impairment that occur on or after 1 February 2009.
Jon Blackwell Chief Executive Officer WorkCover NSW
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1 Introduction
1.1 WorkCover NSW has introduced guides for the evaluation of permanent impairment based on the American Medical Association’s Guides to the Evaluation of Permanent Impairment, fifth edition (AMA5).
1.2 These Guides, to be known as the WorkCover Guides, are issued under section 376 of the Workplace Injury Management and Workers Compensation Act 1998 (the 1998 Act). The WorkCover Guides were introduced in December 2001 and the current edition is the third edition.
1.3 The WorkCover Guides adopt AMA5 in most cases. Where there is any deviation, the difference is defined in the WorkCover Guides. Where differences exist, the WorkCover Guides are to be used as the modifying document. The procedures contained in the WorkCover Guides are to prevail if there is any inconsistency with AMA5.
1.4 The WorkCover Guides are to be used wherever there is a need to establish the level of permanent impairment that results from a work-related injury or disease. The assessment of permanent impairment is conducted for the purposes of awarding a lump sum payment under the statutory benefits of the NSW Workers Compensation Scheme and also for determining access to Common Law, domestic assistance and commutation of claims.
1.5 (a) Assessing permanent impairment involves clinical assessment on the day of assessment and determining:
whether the claimant’s condition has resulted in impairment, whether the condition has reached Maximum Medical Improvement (MMI), whether the resultant impairment is permanent, the degree of permanent impairment that results from the injury,
the proportion of permanent impairment due to any previous injury, pre existing condition or abnormality, if any,
in accordance with diagnostic and other objective criteria as detailed in the WorkCover Guides.
(b) Assessors should consult clauses 1.50 to 1.52 of these Guides for a further discussion of the deduction or deductions they are to make (if any) in relation pre-existing conditions or abnormalities and previous injuries.
1.6 (a) By the time an assessment of permanent impairment is required, the question of liability for the primary condition would normally have been determined. The exceptions to this could be those conditions which are of slow onset.
(b) The person who makes the referral for an assessment of permanent impairment is to make clear to the assessor the work injury for which an assessment is sought.
(c) The assessor should be clear that only impairments that relate to the relevant work injury can be taken into account when calculating a claimant’s degree of permanent impairment. Assessors should therefore identify and record the nature of any previously unidentified condition in their report and specify the causal connection to the relevant workplace injury or injuries.
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1.7 Medical assessors are expected to be familiar with Chapters 1 and 2 of AMA5 in addition to the information contained in this Introduction.
1.8 In the case of a complex injury, where different medical assessors are required to assess different body systems, a ‘lead assessor’ should be nominated to coordinate and calculate the final %WPI resulting from the individual assessments. In the case of a dispute, the ‘lead assessor’ should be agreed between the parties or nominated by the Worker’s Compensation Commission.
1.9 The WorkCover Guides may specify more than one method that assessors can use to establish the degree of a claimant’s permanent impairment. In that case, assessors should use the method that produces the highest degree of permanent impairment.
Development of the WorkCover Guides
1.10 The WorkCover Guides were developed by groups of medical specialists brought together by WorkCover to review the AMA Guides to the Evaluation of Permanent Impairment. The groups included specialists who were nominated by the Labor Council of NSW (now Unions NSW). Initially, the fourth edition of the AMA Guides to the Evaluation of Permanent Impairment (AMA4) was considered but, on the advice of the medical specialists involved, focus was changed to the fifth edition of the Guides. AMA5 is used for most body systems, with the exception of Vision where, on the medical specialists’ advice, assessments are conducted according to the AMA4. The Chapters on Pain (Chapter 18 in AMA 5) and on Mental and Behavioural Disorders (Chapter 14 in AMA 5) are likewise omitted. WorkCover has substituted its own Chapter on Psychiatric and Psychological Disorders (see Chapter 11 in this Guide) but chronic pain is excluded entirely at the present time (see Note: Evaluation of permanent impairment arising from chronic pain p 86, for a fuller explanation). No assessment should be made of impairments associated with chronic pain.
1.11 The members of each original working group and the members who advised on the 2005 and 2008 revisions are listed in Appendix 1 (p 87).
1.12 The WorkCover Guides are to be reviewed and updated as subsequent editions of the AMA Guides to the Evaluation of Permanent Impairment become available. The WorkCover Guides will also be reviewed if anomalies or insurmountable difficulties in their use become apparent.
1.13 The WorkCover Guides are meant to assist suitably qualified and experienced medical specialists to assess levels of permanent impairment. They are not meant to provide a “recipe approach” to the assessment of permanent impairment. Medical specialists are required to exercise their clinical judgement in determining diagnosis, whether the original condition has resulted in an impairment and whether the impairment is permanent. The degree of permanent impairment that results from the injury must be determined using the tables, graphs and methodology given in the WorkCover Guides and AMA5. Section 1.5 of Chapter 1 of AMA5 (p10) applies to the conduct of assessments and expands on this concept.
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Body systems covered by the WorkCover Guides
1.14 Most body systems, structures and disorders included in AMA5 are included in the WorkCover Guides. Pain (Chapter 18 of AMA5) is excluded. Psychiatric and Psychological Disorders are evaluated using the specific WorkCover Guides Chapter (Chapter 11). The Visual System adopts AMA4, not AMA5. Evaluation of Permanent Impairment due to Hearing Loss adopts the methodology indicated in these guides (Chapter 9) with some reference to AMA5, Chapter 11 (pp245–251), but uses National Acoustic Laboratory (NAL) Tables from the NAL Report No 118, Improved Procedure for Determining Percentage Loss of Hearing, January 1988.
Psychiatric and psychological impairments
1.15 Psychiatric and psychological disorders are defined as primary psychological and psychiatric injuries in which work was found to be a substantial contributing factor. Permanent impairment due to psychiatric and psychological disorder is determined in accordance with Chapter 11 of the WorkCover Guides.
1.16 A primary psychiatric or psychological impairment is one which arises from a condition to which the person’s employment was a substantial contributing factor. The condition will result from specific incidents at the workplace.
1.17 A primary psychiatric condition is distinguished from a secondary psychiatric or psychological condition, which arises as a consequence of, or secondary to, another work-related condition (eg, depression associated with a back injury). No permanent impairment assessment is to be made of secondary psychiatric and psychological impairments. The payments for “Pain and Suffering” available under section 67 are intended to compensate people who come into this category (for further information refer to paragraph 1.53).
Multiple impairments
1.18 Impairments arising from the same injury are to be assessed together (section 322(2) of the 1998 Act). Impairments that result from more than one injury arising out of the same incident are to be assessed together to assess the degree of permanent impairment of the injured worker (section 322(3) of the 1998 Act), with the exception of impairments arising from psychological and psychiatric injuries.
1.19 Impairments arising from primary psychological and psychiatric injuries are to be assessed separately from the degree of impairment that results from physical injuries arising out of the same incident (section 65A(4)(a) of the 1987 Act). A worker is entitled to receive compensation for impairment resulting from only one of these injuries, whichever results in the greater amount of compensation being payable, and is not entitled to receive compensation for an impairment resulting from the other injury.
1.20 The Combined Values Chart (pp604-606, AMA5 ) is used to derive a %WPI that arises from multiple impairments. An explanation of its use is found on pp 9-10 of AMA5. When combining more than two impairments, the Assessor should commence with the highest impairment and combine with the next highest and so on.
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Permanent impairment — maximum medical improvement
1.21 Assessments are only to be conducted when the medical assessor considers that the degree of permanent impairment of the injured worker is fully ascertainable. The permanent impairment will be fully ascertainable where the medical assessor considers that the person has attained maximum medical improvement. This is considered to occur when the worker’s condition has been medically stable for the previous three months and is unlikely to change by more than 3% WPI in the ensuing 12 months with or without further medical treatment (i.e., further recovery or deterioration is not anticipated).
1.22 If the medical assessor considers that treatment has been inadequate and maximum medical improvement has not been achieved, the assessment should be deferred and comment should be made on the value of additional/different treatment and/or rehabilitation.
Refusal of Treatment
1.23 If the claimant has been offered, but refused, additional or alternative medical treatment that the assessor considers is likely to improve the claimant’s condition, the medical assessor should evaluate the current condition, without consideration of potential changes associated with the proposed treatment. The assessor may note the potential for improvement in the claimant’s condition in the evaluation report, and the reasons for refusal by the claimant, but should not adjust the level of impairment on the basis of the worker’s decision.
Future Deterioration of a Condition
1.24 Similarly, if a medical assessor forms the opinion that the claimant’s condition is stable for the foreseeable future, but that it is expected to deteriorate in the long term, the assessor should make no allowance for this deterioration, but note its likelihood in the evaluation report. If the claimant’s condition deteriorates at a later time, the claimant may re-apply for further evaluation of the condition.
Information Required for Assessments
1.25 On referral, the medical assessor should be provided with all relevant medical and allied health information, including results of all clinical investigations related to the injury in question.
1.26 AMA5 and these WorkCover Guides indicate the information and investigations that are required to arrive at a diagnosis and to measure permanent impairment. Assessors must apply the approach outlined in the Guides. Referrers must consult these documents to gain an understanding of the information that should be provided to the assessor in order to conduct a comprehensive evaluation.
Medical assessors
1.27 An assessor will be a medical specialist with qualifications, training and experience in a medical specialty relevant to the body system being assessed who has undertaken the requisite training in use of the WorkCover Guides and who is listed as a trained assessor of permanent impairment on the WorkCover website (www.workcover.nsw.gov.au).
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1.28 Assessors may be one of the claimant’s treating specialists or an assessor engaged on behalf of the employer/insurer/Scheme Agent/claimant to conduct an assessment for the purposes of assessing the level of permanent impairment.
1.29 Assessors of levels of permanent impairment are required to use the WorkCover Guides current at the time of the assessment.
Code of conduct
1.30 Assessors are referred to the NSW Medical Board’s Guidelines for Medico-Legal Consultations and Examinations which are reproduced in Appendix 2 (p90).
1.31 Assessors are reminded that they have an obligation to act in an ethical, professional and considerate manner when examining claimants for the determination of permanent impairment.
1.32 Effective communication is vital to ensure that the claimant is well-informed and able to maximally cooperate in the process. Assessors should:
ensure that the claimant understands who the assessor is and the assessor’s role in the evaluation; ensure that the claimant understands how the evaluation will proceed; take reasonable steps to preserve the privacy and modesty of the claimant during the evaluation; not provide any opinion to the claimant about their claim.
1.33 Useful information is also provided in the pamphlet developed by the Australian Medical Association and the Law Society that informs applicants what to expect during an examination by an independent medical assessor. This pamphlet is reproduced in Appendix 3 (p 95) and additional copies are available from the AMA.
1.34 WorkCover has also produced information for workers regarding independent medical examinations and assessments of permanent impairment, which the insurer should have supplied to the worker when advising the appointment details.
1.35 Complaints received by WorkCover in relation to the behaviour of an assessor during an evaluation will be initially reviewed by WorkCover. If complaints recur or the initial review reveals a problem potentially exists, the complaint will be referred to the Health Care Complaints Commission and the NSW Medical Board for investigation and appropriate action.
Adjustment for the effects of orthoses and prostheses
1.36 Assessments of permanent impairment are to be conducted without assistive devices, except where these cannot be removed. The assessor will need to make an estimate as to what is the level of impairment, without such a device, if it cannot be removed for examination purposes. Further details may be obtained in the relevant Chapters in the WorkCover Guides.
1.37 Impairment of vision should be measured with the injured worker wearing their prescribed corrective spectacles and/or contact lenses, if this was usual for the injured worker before the workplace injury. If, as a result of the workplace injury, the injured worker has been prescribed corrective spectacles and/or contact lenses for the first time, or different spectacles and/or contact lenses than those prescribed pre-injury, the difference should be accounted for in the assessment of permanent impairment.
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Adjustment for the effects of treatment
1.38 In circumstances where the treatment of a condition leads to a further, secondary impairment, other than a secondary psychological impairment, the assessor should use the appropriate parts of the WorkCover Guides to evaluate the effects of treatment, and use the Combined Values Chart (pp 604-606 AMA5) to arrive at a final Whole Person Impairment.
1.39 Where the effective long term treatment of an illness or injury results in apparent substantial or total elimination of the claimant’s permanent impairment, but the claimant is likely to revert to the original level of impairment if treatment is withdrawn, the assessor may increase the percentage of whole person impairment by 1, 2 or 3% WPI. This percentage should be combined with any other impairment percentage, using the Combined Values Chart. This paragraph does not apply to the use of analgesics or anti-inflammatory medication for pain relief.
1.40 As previously indicated, where a claimant has declined treatment which the assessor believes would be beneficial, the impairment rating should be neither increased nor decreased.
Reports
1.41 A report of the evaluation of permanent impairment should be accurate, comprehensive and fair. It should clearly address the question being asked of the assessing medical specialist. In general, the assessor will be requested to address issues of:
current clinical status, including the basis for determining maximum medical improvement; the degree of permanent impairment that results from the injury; the proportion of permanent impairment due to any previous injury, pre- existing condition or abnormality, if any.
1.42 The report should contain factual information based on the assessor’s own history taking and clinical examination. If other reports or investigations are relied upon in arriving at an opinion, these should be appropriately referenced in the assessor’s report.
1.43 The WorkCover Guides, as modified from time to time, are to be used in assessing permanent impairment in the NSW Workers Compensation scheme. The report of the evaluation should provide a rationale consistent with the methodology and content of these Guides. It should include a comparison of the key findings of the evaluation with the impairment criteria in the Guides. If the evaluation was conducted in the absence of any pertinent data or information, the assessor should indicate how the impairment rating was determined with limited data.
1.44 The assessed level of impairment is to be expressed as a percentage of whole person impairment (%WPI). Regional body impairments, where used (for example, percentage upper extremity impairment) are to be indicated in the report and then converted to %WPI.
1.45 The report should include a conclusion of the assessor, including the final %WPI. This is to be included as the final paragraph in the body of the report, and not as a separate report.
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1.46 Reports are to be provided within ten working days of the assessment being completed, or as agreed between the referrer and the assessor.
Ordering of additional investigations
1.47 As a general principle, the assessing medical specialist should not order additional radiographic or other investigations purely for the purpose of conducting an assessment of permanent impairment.
1.48 If, however, the investigations previously undertaken are not as required by the WorkCover Guides or are inadequate for a proper assessment to be made, the medical assessor should consider the value of proceeding with the evaluation of permanent impairment without adequate investigations.
1.49 In circumstances where the assessor considers that further investigation is essential for a comprehensive evaluation to be undertaken and deferral of the evaluation would considerably inconvenience the claimant (eg, when the claimant has travelled from a country region specifically for the assessment), the assessing medical specialist may proceed to order the appropriate investigations, provided that there is no undue risk to the claimant. The approval of the referring body for the additional investigation will be required to ensure that the costs of the test are met promptly.
Deductions for pre-existing condition or injury (AMA5 Section 1.6, p11; s323 WIM Act 1998)
1.50 The degree of permanent impairment resulting from pre-existing impairments should not be included within the degree of permanent impairment determined by an assessor if those impairments are unrelated or not relevant to the impairment arising from the relevant work injury.
1.51 In assessing the degree of permanent impairment resulting from the work injury, the assessor is to indicate the degree of impairment due to any previous injury, pre- existing condition or abnormality. This proportion is known as “the deductible proportion”. The deductible portion should be deducted from the degree of permanent impairment determined by the assessor.
1.52 For the injury being assessed, the deduction is 1/10th of the assessed impairment, unless this is at odds with the available evidence.
Compensation for pain and suffering
1.53 A claimant may receive a separate payment for compensation for pain and suffering, under section 67 of the Workers Compensation Act 1987, where the level of whole person impairment is assessed at or above the threshold percentage. “Pain and Suffering” means actual pain, or distress, or anxiety suffered, or likely to be suffered by the injured worker resulting from the permanent impairment or any necessary treatment.
1.54 Once agreement is reached on the level of permanent impairment, an amount can also be agreed for pain and suffering. The determination of the amount to be paid for pain and suffering is independent of the percentage of whole person impairment. Medical assessors of permanent impairment are not required to indicate the level of pain and suffering to be awarded.
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Disputes over assessed levels of permanent impairment
1.55 A dispute about the level of permanent impairment compensation can be referred to the Workers Compensation Commission. The parties can agree on the selection of an Approved Medical Specialist (AMS) to determine the dispute. If the two parties are unable to agree on the selection of an AMS within 7 days of being notified of a dispute by the Registrar of the Commission, the Registrar will appoint an AMS to assess the dispute.
1.56 A certificate will be provided by the appointed AMS after completing the evaluation.
1.57 The certification of the level of permanent impairment by the AMS appointed to resolve the dispute is conclusively presumed to be correct (section 326 of the 1998 Act).
1.58 The certificate provided by the appointed AMS will form the basis of the Arbitrator’s decision on the amount of money to be awarded for permanent impairment and pain and suffering.
Conditions which are not covered by the WorkCover/AMA5 Guides- Equivalent or Analogous Conditions
1.59 AMA5 (p11) states: “Given the range, evolution and discovery of new medical conditions, the Guides cannot provide an impairment rating for all impairments ... In situations where impairment ratings are not provided, the Guides suggest that medical specialists use clinical judgment, comparing measurable impairment resulting from the unlisted condition to measurable impairment resulting from similar conditions with similar impairment of function in performing activities of daily living.
The physician’s judgment, based upon experience, training, skill, thoroughness in clinical evaluation, and ability to apply the Guides criteria as intended, will enable an appropriate and reproducible assessment to be made of clinical impairment.”
Inconsistent Presentation
1.60 AMA5, p 19, states: “Consistency tests are designed to ensure reproducibility and greater accuracy. These measurements, such as one that checks the individual’s range of motion are good but imperfect indicators of people’s efforts. The physician must use the entire range of clinical skill and judgment when assessing whether or not the measurements or test results are plausible and consistent with the impairment being evaluated. If, in spite of an observation or test result, the medical evidence appears insufficient to verify that an impairment of a certain magnitude exists, the physician may modify the impairment rating accordingly and then describe and explain the reason for the modification in writing.” This paragraph applies to inconsistent presentation only. The requirements stated in paragraph 1.13 apply to all assessments.
Activities of Daily Living
1.61 Many tables in AMA5 give class values for particular impairments, with a range of possible impairment values within each class. Commonly, the tables require the medical specialist to consider the impact of the injury/illness on activities of daily living in determining the precise impairment value. The activities of daily living which should be considered, if relevant, are listed in Table 1-2, p4, AMA5. The impact of the injury on activities of daily living is not considered in assessments of the upper or lower extremities.
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1.62 The assessment of the impact of the injury on activities of daily living should be verified wherever possible by reference to objective assessments, for example, physiotherapist or occupational therapist functional assessments.
Rounding
1.63 Occasionally the methods of the Guides will result in an impairment value which is not a whole number (e.g. an assessment of a peripheral nerve impairment in the upper extremity). All such values must be rounded to the nearest whole number before moving from one level of impairment to the next (e.g. from finger impairment to hand impairment, or from hand impairment to upper extremity impairment) or from a regional impairment to a whole person impairment. Figures should also be rounded before using the combination tables. This will ensure that the final whole person impairment will always be a whole number. The usual mathematical convention is followed where rounding occurs - values of 0.4 or less are rounded down to the nearest whole number and values of 0.5 and above are rounded up to the next whole number. The method of calculating a further hearing loss is shown in Chapter 9, paragraph 9.15, p 46.
Quality Assurance
1.64 The degree of permanent impairment that results from the injury must be determined using the tables, graphs and methodology given in the WorkCover Guides, as presented in the training in the use of those Guides, and the applicable legislation. If it is not clear to either the insurer or worker’s representative that a report has been completed in accord with the Guides, clarification may be sought from the trained medical assessor who prepared the report.
An assessor who is identified as frequently providing reports that are not in accord with the Guides may be asked to show cause as to why their name should not be removed from the list of trained assessors on the WorkCover website. A process for managing such assessors has been agreed by the Whole Person Impairment Coordinating Committee and is available on the WorkCover website www.workcover.nsw.gov.au.
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2 Upper extremity
AMA5 Chapter 16 applies to the assessment of permanent impairment of the upper extremities, subject to the modifications set out below.
Introduction
2.1 The upper extremities are discussed in AMA 5 Chapter 16 (pp 433-521). This chapter provides guidelines on methods of assessing permanent impairment involving these structures. It is a complex chapter that requires an organised approach with careful documentation of findings.
2.2 Evaluation of anatomical impairment forms the basis for upper extremity impairment assessment. The ratings reflect the degree of impairment and its impact on the ability of the person to perform activities of daily living. There can be clinical conditions where evaluation of impairment may be difficult, for example, lateral epicondylitis of the elbow. Such conditions are evaluated by their effect on function of the upper extremity, or, if all else fails, by analogy with other impairments that have similar effects on upper limb function.
The Approach to Assessment of the Upper Extremity and Hand
2.3 Assessment of the upper extremity mainly involves clinical evaluation. Cosmetic and functional evaluations are performed in some situations. The impairment must be permanent and stable. The injured person will have a defined diagnosis that can be confirmed by examination.
2.4 The assessed impairment of a part or region can never exceed the impairment due to amputation of that part or region. For an upper limb, therefore, the maximum evaluation is 60% whole person impairment, the value for amputation through the shoulder.
2.5 Active range of motion should be measured with several repetitions to establish reliable results. Only active motion is measured, not passive motion.
2.6 To achieve an accurate and comprehensive assessment of the upper extremity, findings should be documented on a standard form. AMA 5 Figures 16-1a and 16- 1b (pp 436-437) are extremely useful, both to document findings and to guide the assessment process.
2.7 The hand and upper extremity are divided into regions: thumb, fingers, wrist, elbow, and shoulder. Close attention needs to be paid to the instructions in Figures 16-1a and 16-1b (pp 436-437, AMA5) regarding adding or combining impairments.
2.8 Table 16-3 (pp 439, AMA5) is used to convert upper extremity impairment to whole person impairment.
Specific Interpretation of the AMA 5 Guides – The Hand and Upper Extremity
Impairment of the Upper Extremity due to Peripheral Nerve Disorders
2.9 If an upper extremity impairment results solely from a peripheral nerve injury the assessor should not also evaluate impairment(s) from Section 16.4, abnormal motion (pp 450-479, AMA5) for that upper extremity. Section 16.5 should be used for evaluation of such impairments. For peripheral nerve lesions use Table 16-15 (p
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492, AMA5) together with Tables 16-10 and 16-11 (pp 482 and 484, AMA5) for evaluation.
2.10 When applying Tables 16-10 (pp 482, AMA5) and Table 16-11 (p 484, AMA5) the examiner must use clinical judgement to estimate the appropriate percentage within the range of values shown for each severity grade. The maximum value is NOT applied automatically.
Impairment Due to Other Disorders of the Upper Extremity
2.11 The section “Impairment of the Upper Extremity Due to Other Disorders” (AMA5 Section 16.7 pp 498-507) should be used only when other criteria (as presented in Sections 16.2 - 16.6 [pp 441-498 of AMA 5]) have not adequately encompassed the extent of the impairments. Impairments from the disorders considered in Section 16.7 are usually estimated using other criteria. The assessor must take care to avoid duplication of impairments.
2.12 Relevant imaging studies for carpal instability (AMA5 Table 16-25, p 503) should only be considered, if available, along with the clinical signs. X-ray examination should not be performed solely for this evaluation.
2.13 Strength evaluation, as a method of upper extremity impairment assessment should only be used in rare cases and its use justified when loss of strength represents an impairing factor not adequately considered by more objective rating methods. If chosen as a method, the caveats detailed on AMA5 p 508, under the heading “16.8a Principles” need to be observed, ie, decreased strength cannot be rated in the presence of decreased motion, painful conditions, deformities and absence of parts (eg thumb amputation).
Conditions affecting the shoulder region.
2.14 All shoulder assessments must have the following ‘inclusion criteria’ : 1. A clear history of a shoulder injury 2. Symptoms consistent with a shoulder disorder (to be distinguished from symptoms due to referred pain from the neck).
(i) Most shoulder disorders with an abnormal range of movement are assessed according to AMA5 Section 16.4 - Evaluating Abnormal Motion. (ii) Rare cases of rotator cuff injury, where the loss of shoulder motion does not reflect the severity of the tear, and there is no associated pain, may be assessed according to AMA5 Section 16.8c – Strength Evaluation. (iii) Other specific shoulder disorders, where the loss of shoulder motion does not reflect the severity of the disorder, associated with pain, should be assessed by comparison with other impairments that have similar effect(s) on upper limb function.
2.15 Ruptured long head of biceps shall be assessed as an upper extremity impairment (UEI) of 3%UEI or 2%WPI where it exists in isolation from other rotator cuff pathology. Impairment for ruptured long head of biceps cannot be combined with any other rotator cuff impairment.
2.16 Impingement. Diagnosis of impingement is made on the basis of positive findings on appropriate provocative testing and is only to apply where there is no loss of range of motion. Symptoms must have been present for at least 12 months. An impairment rating of 3%UEI or 2%WPI shall apply.
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Fractures Involving Joints
2.17 Displaced fractures involving joint surfaces are generally to be rated by range of motion. If, however, this loss of range is not sufficient to give an impairment rating and movement is accompanied by pain and there is 2mm or more of displacement, allow 2%UEI (1%WPI).
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3 Lower extremity
AMA5 Chapter 17 applies to the assessment of permanent impairment of the lower extremities, subject to the modifications set out below.
Introduction
3.1 The lower extremities are discussed in AMA5 Chapter 17 (pp 523–564). This section is complex and provides a number of alternative methods of assessing permanent impairment involving the lower extremity. An organised approach is essential and findings should be carefully documented on a worksheet.
The approach to assessment of the lower extremity
3.2 Assessment of the lower extremity involves physical evaluation, which can use a variety of methods. In general, the method should be used that most specifically addresses the impairment present. For example, impairment due to a peripheral nerve injury in the lower extremity should be assessed with reference to that nerve rather than by its effect on gait.
3.3 There are several different forms of evaluation that can be used, as indicated in Sections 17.2b to 17.2n (pp 528–554 AMA5). Table 17–2 (p 526 AMA5) indicates which evaluation methods can be combined and which cannot. It may be possible to perform several different evaluations as long as they are reproducible and meet the conditions specified below and in AMA5. The most specific method of impairment assessment should be used.
3.4 It is possible to use an algorithm to aid in the assessment of lower extremity impairment. Use of a worksheet is essential. Table 3.2 of these WorkCover Guides (p 21) is such a worksheet and may be used in assessment of permanent impairment of the lower extremity.
3.5 In the assessment process, the evaluation giving the highest impairment rating is selected. That may be a combined impairment in some cases, in accordance with the Guide to the Appropriate Combination of Evaluation Methods Table (Table 17– 2, p 526 AMA5), using the Combined Values Chart (pp 604–606, AMA5).
3.6 When the Combined Values Chart is used, the assessor must ensure that all values combined are in the same category of impairment rating (ie, %WPI, Lower extremity impairment percentage, Foot impairment percentage, and so on). Regional impairments of the same limb (eg several lower extremity impairments) should be combined before converting to %WPI.
3.7 Table 17–2 (p 526, AMA5) needs to be referred to frequently to determine which impairments can be combined and which cannot.
Specific interpretation of AMA5 — the lower extremity
Leg length discrepancy
3.8 When true leg length discrepancy is determined clinically (AMA5 Section 17.2b, p 528), the method used must be indicated (for example, tape measure from anterior superior iliac spine to the medial malleolus). Clinical assessment of leg length discrepancy is an acceptable method but if full length computerised tomography
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films are available they should be used in preference. Such an examination should not be ordered solely for determining leg lengths.
3.9 When applying Table 17–4 (p 528, AMA5), the element of choice should be removed and impairments for leg length discrepancy should be read as the higher figure of the range quoted (ie, 0, 3, 5, 7, or 8 for whole person impairment, or 0, 8, 13, 18 or 19 for lower limb impairment).
Note that the figures for lower limb impairment in table 17-4 (p 528, AMA5) are incorrect and the correct figures are shown below.
Table 17-4 Impairment Due to Limb Length Discrepancy Discrepancy (cm) Whole person (Lower Extremity) impairment (%) 0 - 1.9 0 2 - 2.9 2 - 3 (4 - 8) 3 - 3.9 4 - 5 (9 - 13) 4 - 4.9 6 - 7 (14 - 18) 5+ 8 (19)
Gait derangement
3.10 Assessment of gait derangement is only to be used as a method of last resort. Methods of impairment assessment most fitting the nature of the disorder should always be used in preference. If gait derangement (AMA5 Section 17.2c, p 529) is used it cannot be combined with any other evaluation in the lower extremity section of AMA5. .
3.11 Any walking aid used by the subject must be a permanent requirement and not temporary.
3.12 In the application of Table 17–5 (p 529, AMA5), delete item b, as the Trendelenburg sign is not sufficiently reliable.
Muscle atrophy (unilateral)
3.13 This section (AMA5 Section 17.2d, p 530) is not applicable if the limb other than that being assessed is abnormal (for example, if varicose veins cause swelling, or if there is another injury or condition which has contributed to the disparity in size).
3.14 In the use of Table 17–6 (p 530, AMA5) the element of choice should be removed in the impairment rating and only the higher figure used. Therefore, for the thigh, the whole person impairment should be assessed as 0, 2, 4, or 5 %, or lower limb impairment as 0, 6, 11 or 12 % respectively. For the calf the equivalent figures have the same numerical values.
Note that the figures for lower limb impairment in table 17-6 (p 530, AMA5) are incorrect and the correct figures are shown below.
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Table 17-6 Impairment Due to Unilateral Leg Muscle Atrophy
Difference in Impairment degree Whole person circumference (cm) (Lower Extremity) impairment (%) a. Thigh: The circumference is measured 10cm above the patella with the knee fully extended and the muscles relaxed. 0 – 0.9 None 0 0 1 – 1.9 Mild 1 – 2 (2 – 6) 2 – 2.9 Moderate 3 – 4 (7 – 11) 3+ Severe 5 (12)
Difference in Impairment degree Whole person circumference (cm) (Lower Extremity) impairment (%) b. Calf: The maximum circumference on the normal side is compared with the circumference at the same level on the affected side. 0 – 0.9 None 0 1 – 1.9 Mild 1 – 2 (2 – 6) 2 – 2.9 Moderate 3 – 4 (7 – 11) 3+ Severe 5 (12)
Manual muscle strength testing
3.15 The Medical Research Council (MRC) gradings for muscle strength are universally accepted. They are not linear in their application, but ordinal. Only the six grades (0–5) should be used, as they are reproducible among experienced assessors. The descriptions in Table 17–7 (p 531, AMA5) are correct. The results of electrodiagnostic methods and tests are not to be considered in the evaluation of muscle testing which can be performed manually. Table 17–8 (p 532, AMA5) is to be used for this method of evaluation.
Range of motion
3.16 Although range of motion (ROM) (AMA5 Section 17.2f, pp 533–538) appears to be a suitable method for evaluating impairment, it may be subject to variation because of pain during motion at different times of examination, possible lack of cooperation by the person being assessed and inconsistency. If there is such inconsistency then ROM cannot be used as a valid parameter of impairment evaluation.
3.17 If range of motion is used as an assessment measure, then Tables 17–9 to 17–14 (p 537, AMA5) are selected for the joint or joints being tested. If a joint has more than one plane of motion, the impairment assessments for the different planes should be added. For example, any impairments of the six principal directions of motion of the hip joint are added (p 533, AMA5).
Ankylosis
3.18 Ankylosis is to be regarded as the equivalent to arthrodesis in impairment terms only. For the assessment of impairment when a joint is ankylosed (AMA5 Section 17.2g, pp 538–543) the calculation to be applied is to select the impairment if the joint is ankylosed in optimum position (See Table 3.1 below), and then if not
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ankylosed in the optimum position by adding (not combining) the values of %WPI using Tables 17–15 to 17–30 (pp 538–543, AMA5).
Table 3.1 Impairment for ankylosis in the optimum position
Joint Whole person Lower extremity Ankle or foot Hip 20% 50% – Knee 27% 67% – Ankle 15% 37% 53% Foot 4% 10% 14% Note that the figures in Table 3.1 suggested for ankle impairment are greater than those suggested in the AMA (5th edition). Also note that the whole person impairment from ankylosis of a joint, or joints, in a lower limb cannot exceed 40% whole person impairment or 100% lower limb impairment. If this figure is exceeded when the combination of lower limb impairments is made then only 40% can be accepted as the maximum whole person impairment for a lower limb.
Arthritis
3.19 Impairment due to arthritis (AMA5 section 17.2n, pp544–545) following a work- related injury is uncommon, but may occur in isolated cases. The presence of arthritis may indicate a pre-existing condition and this should be assessed and an appropriate deduction made (see Chapter 1, p 9, WorkCover Guides).
3.20 The presence of osteoarthritis is defined as cartilage loss. Cartilage loss can be assessed by plain radiography, computed tomography (CT), magnetic resonance imaging (MRI) or by direct vision (arthroscopy).
3.21 Detecting the subtle changes of cartilage loss on plain radiography requires comparison with the normal side. All joints should be imaged directly through the joint space, with no overlapping of bones. If comparison views are not available, AMA5 Table 17–31 (p 544) is used as a guide to assess joint space narrowing.
3.22 One should be cautious in making a diagnosis of cartilage loss on plain radiography if secondary features of osteoarthritis, such as osteophytes, subarticular cysts or subchondral sclerosis are lacking, unless the other side is available for comparison. The presence of an intra-articular fracture with a step in the articular margin in the weight bearing area implies cartilage loss.
3.23 The accurate radiographic assessment of joints always requires at least two views. In some cases, further supplementary views will optimise the detection of joint space narrowing or the secondary signs of osteoarthritis.
Sacro-iliac joints: Being a complex joint, modest alterations are not detected on radiographs, and cross-sectional imaging may be required. Radiographic manifestations accompany pathological alterations. The joint space measures between 2 mm and 5 mm. Osteophyte formation is a prominent characteristic of osteoarthritis of the sacro-iliac joint. Hip: An anteroposterior view of the pelvis and a lateral view of the affected hip are ideal. If the affected hip joint space is narrower than the asymptomatic side, cartilage loss is regarded as being present. If the anteroposterior view of pelvis has been obtained with the patient supine, it is important to compare the medial joint space of each hip as well as superior joint space, as this may be the only site of
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apparent change. If both sides are symmetrical, then other features, such as osteophytes, subarticular cyst formation, and calcar thickening should be taken into account to make a diagnosis of osteoarthritis. Knee:
Tibio-femoral joint: The best view for assessment of cartilage loss in the knee is usually the erect intercondylar projection, as this profiles and stresses the major weight bearing area of the joint which lies posterior to the centre of the long axis. The ideal x-ray is a posteroanterior view with the patient standing, knees slightly flexed, and the x-ray beam angled parallel to the tibial plateau. Both knees can readily be assessed with the one exposure. In the knee it should be recognised that joint space narrowing does not necessarily equate with articular cartilage loss, as deficiency or displacement of the menisci can also have this effect. Secondary features, such as subchondral bone change and the past surgical history, must also be taken into account. Patello-femoral joint: Should be assessed in the “skyline” view, again preferably with the other side for comparison. The x-ray should be taken with 30 degrees of knee flexion to ensure that the patella is load-bearing and has engaged the articular surface femoral groove.
Footnote to Table 17-31 (p544 AMA5) regarding patello-femoral pain and crepitation: This item is only to be used if there is a history of direct injury to the front of the knee. This item cannot be used as an additional impairment when assessing arthritis of the knee joint itself, of which it forms a component. If patello-femoral crepitus occurs in isolation (ie no other signs of arthritis) following direct trauma, then it can be combined with other diagnosis based estimates (Table 17-33). Signs of crepitus need to be present at least one year post injury’.
Ankle: The ankle should be assessed in the mortice view, (preferably weight- bearing) with comparison views of the other side, although this is not as necessary as with the hip and knee.
Subtalar: This joint is better assessed by CT (in the coronal plane) than by plain radiography. The complex nature of the joint does not lend itself to accurate and easy plain x-ray assessment of osteoarthritis.
Talonavicular and calcaneocuboid: Anteroposterior and lateral views are necessary. Osteophytes may assist in making the diagnosis.
Intercuneiform and other intertarsal joints: Joint space narrowing may be difficult to assess on plain radiography. CT (in the axial plane) may be required. Associated osteophytes and subarticular cysts are useful adjuncts to making the diagnosis of osteoarthritis in these small joints.
Great toe metatarsophalangeal: Anteroposterior and lateral views are required. Comparison with the other side may be necessary. Secondary signs may be useful.
Interphalangeal: It is difficult to assess small joints without taking secondary signs into account. The plantar–dorsal view may be required to get through the joints, in a foot with flexed toes.
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3.24 If arthritis is used as the basis for assessing impairment assessment, then the rating cannot be combined with gait disturbance, muscle atrophy, muscle strength or range of movement assessments. It can be combined with a diagnosis-based estimate. (Table 17–2, AMA5, p 526.)
Amputation
3.25 Where there has been amputation of part of a lower extremity Table 17–32 (p 545, AMA5) applies. In that table the references to 3 inches for below-the-knee amputation should be converted to 7.5 cm.
Diagnosis-based estimates (lower extremity)
3.26 Section 17.2j (pp 545–549, AMA5) lists a number of conditions that fit a category of Diagnosis-Based Estimates. They are listed in Tables 17–33, 17–34 and 17–35 (pp 546–549, AMA5). When using this table it is essential to read the footnotes carefully. The category of mild cruciate and collateral ligament laxity has inadvertently been omitted in table 17-33 of AMA 5. The appropriate rating is 5 (12) percent Whole Person (Lower Extremity) Impairment.
3.27 It is possible to combine impairments from Tables 17–33, 17–34 and 17–35 for diagnosis-related estimates with other components (eg, nerve injury) using the Combined Values Chart (pp 604–606, AMA5) after first referring to the Guide to the Appropriate Combination of Evaluation Methods (see 3.5 above).
3.28 In the interpretation of Table 17–33 (p 547, AMA5), reference to the hindfoot, intra- articular fractures, the words subtalar bone, talonavicular bone, and calcaneocuboid bone imply that the bone is displaced on one or both sides of the joint mentioned. To avoid the risk of double assessment, if avascular necrosis with collapse is used as the basis of impairment assessment, it cannot be combined with the relevant intra-articular fracture in Table 17–33 column 2. In Table 17–33 column 2, metatarsal fracture with loss of weight transfer means dorsal displacement of the metatarsal head.
The table given below for the impairment of loss of the Tibia-Os Calcis Angle is to replace Table 17-29 (p 542 AMA5) and the section in Table 17-33 dealing with loss of Tibia-Os Calcis Angle. These two sections are contradictory, and neither gives a full range of loss of angle.
Table 3.2 Impairment for loss of the Tibia-Os Calcis Angle Angle (degree) Whole Person (Lower Extremity) [Foot] impairment (%) 110 – 100 5 (12) [17]
99 – 90 8 (20) [28]
Less then 90 +1 (2) [3] per ° up to 15 (37) [54]
3.29 Table 17–34 and Table 17–35 (pp 548–549, AMA5) use a different concept of evaluation. A point score system is applied, and then the total of points calculated for the hip (or knee) joint is converted to an impairment rating from Table 17–33. Tables 17–34 and 17–35 refer to the hip and knee joint replacement respectively. Note that, while all the points are added in Table 17–34, some points are deducted when Table 17–35 is used.
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3.30 In respect of “distance walked” under “b. Function” in Table 17–34 (p 548, AMA5), the distance of six blocks should be construed as 600 m, and three blocks as 300 m.
Note that Table 17-35 (p 549 AMA5) is incorrect. The correct table is shown below.
Table 17-35 Rating Knee replacement Results Number of Points a. Pain None 50
Mild or occasional 45 Stairs only 40 Walking and stairs 30
Moderate Occasional 20 Continual 10
Severe 0 b. Range of Motion
Add 1 point per 5 ° up to 25 (maximum) 125 ° c. Stability
(maximum movement in any position)
Anterioposterior < 5 mm 10 5-9 mm 5 > 9 mm 0
Mediolateral 5 ° 15 6-9 ° 10 10-14 ° 5 > 14 ° 0
Subtotal Deductions (minus) d, e, f d. Flexion contracture
5-9 ° 2 10-15 ° 5 16-20 ° 10 > 20 ° 20
e. Extension Lag
< 10 ° 5 10-20 ° 10 > 20 ° 15
f. Alignment – valgus
5-10 ° 0 0-4 ° 3 points per degree 11-15 ° 3 points per degree > 15 ° 20 Deductions subtotal
Skin loss (lower extremity)
3.31 Skin loss (p 550, AMA5) can only be included in the calculation of impairment if it is in certain sites and meets the criteria listed in Table 17–36 (p 550, AMA5).
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Peripheral nerve injuries (lower extremity)
3.32 When assessing the impairment due to peripheral nerve injury (pp 550–552, AMA5) assessors should read the text in this section. Note that the separate impairments for the motor, sensory and dysaesthetic components of nerve dysfunction in Table 17–37 (p 552, AMA5) are to be combined.
3.33 Note that the (posterior) tibial nerve is not included in Table 17–37, but its contribution can be calculated by subtracting ratings of common peroneal nerves from sciatic nerve ratings.
3.34 Peripheral nerve injury impairments can be combined with other impairments, but not those for gait derangement, muscle atrophy, muscle strength or complex regional pain syndrome, as shown in Table 17–2 (p 526, AMA5).
Complex regional pain syndrome (lower extremity)
3.35 The Section 17.2m, "Causalgia and Complex Regional Pain Syndrome (Reflex Sympathetic Dystrophy)" (p 553, AMA5) should not be used. Complex Regional Pain Syndrome involving the lower extremity should be evaluated in the same way as the upper limb using the method described in Section 16.5e (pp 495–497, AMA5). This section provides a detailed method that is in keeping with current terminology and understanding of the condition. Use of the same methods of impairment assessment for Complex Regional Pain Syndrome involving either the upper or lower extremity also will improve the consistency of these WorkCover Guidelines.
Peripheral vascular disease (lower extremity)
3.36 Lower extremity impairment due to vascular disorders (pp 553–554, AMA5) is evaluated using Table 17–38 (p 554, AMA5). Note that Table 17–38 gives values for lower extremity not whole person impairment. In that table there is a range of lower extremity impairments within each of the classes 1 to 5. As there is a clinical description of which conditions place a person’s lower extremity in a particular class, the assessor has a choice of impairment rating within a class, the value of which is left to the clinical judgement of the assessor.
Measurement of selected joint motion
3.37 Valgus and varus knee angulation are to be measured in a weight-bearing position using a goniometer.
When measuring dorsiflexion at the ankle, the test is carried out initially with the knee in extension and then repeated with the knee flexed to 45°. The average of the maximum angles represents the dorsiflexion range of motion. (AMA Guides 5th Edition, page 535 figure 17-5).
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Table 3.3: Lower extremity worksheet
AMA5 AMA5 Potential Selected Item Impairment Table page impairment impairment 1 Limb length 17–4 528 discrepancy
2 Gait derangement 17–5 529
3 Unilateral muscle 17–6 530 atrophy
4 Muscle weakness 17–8 532
5 Range of motion 17–9 to 537 17–14
6 Joint ankylosis 17–15 538– to 17– 543 30 7 Arthritis 17–31 544
8 Amputation 17–32 545
9 Diagnosis-based 17–33 546– estimates to 17– 549 35 10 Skin loss 17–36 550
11 Peripheral nerve 17–37 552 deficit
12 Complex regional Section 495– pain syndrome 16.5e 497
13 Vascular disorders 17–38 554
Combined impairment rating (refer to Table 17–2, p 526 AMA5 for permissible combinations)
Potential impairment is the impairment percentage for that method of assessment. Selected impairment is the impairment, or impairments selected that can be legitimately combined with other lower extremity impairments to give a final lower extremity impairment rating.
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4 The spine (excluding spinal cord injury)
AMA5 Chapter 15 applies to the assessment of permanent impairment of the spine, subject to the modifications set out below.
Introduction
4.1 The spine is discussed in AMA5 Chapter 15 (pp 373–431). That chapter presents two methods of assessment, the diagnosis-related estimates method and the range of motion method. Evaluation of impairment of the spine under WorkCover is only to be done using diagnosis-related estimates (DREs).
4.2 The method relies especially on evidence of neurological deficits and less common, adverse structural changes, such as fractures and dislocations. Using this method, DREs are differentiated according to clinical findings that can be verified by standard medical procedures.
4.3 The assessment of spinal impairment is made when the person’s condition has stabilised and has reached maximal medical improvement (MMI), as defined in AMA5. If surgery has been performed, the outcome of the surgery as well as structural inclusions must be taken into consideration when making the assessment.
Assessment of the spine
4.4 The assessment should include a comprehensive, accurate history; a review of all pertinent records available at the assessment; a comprehensive description of the individual’s current symptoms and their relationship to daily activities; a careful and thorough physical examination, and all findings of relevant laboratory, imaging, diagnostic and ancillary tests available at the assessment. Imaging findings that are used to support the impairment rating should be concordant with symptoms and findings on examination. The assessor should record whether diagnostic tests and radiographs were seen or whether they relied solely on reports.
4.5 The DRE model for assessment of spinal impairment should be used. The Range of Motion model (Sections 15.8-15.13 inclusive, AMA5 pp 398-427) should not be used.
4.6 If a person has spinal cord or cauda equina damage, including bowel, bladder and/or sexual dysfunction, he or she is assessed according to the method described in Section 15.7 and Table 15.6 (a) to (g), p395-398 AMA5.
4.7 If an assessor is unable to distinguish between two DRE categories, then the higher of those two categories should apply. The reasons for the inability to differentiate should be noted in the assessor’s report.
4.8 Possible influence of future treatment should not form part of the impairment assessment. The assessment should be made on the basis of the person’s status at the time of interview and examination, if the assessor is convinced that the condition is stable and permanent. Likewise, the possibility of subsequent deterioration, as a consequence of the underlying condition, should not be factored into the impairment evaluation. Commentary can be made regarding the possible influence, potential or requirements for further treatment, but this does not affect the assessment of the individual at the time of impairment evaluation.
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4.9 All spinal impairments are to be expressed as a percentage whole person impairment (%WPI).
4.10 Section 15.1a (AMA5 pp 374–377) is a valuable summary of history and physical examination, and should be thoroughly familiar to all assessors.
4.11 The assessor should include in the report a description of how the impairment rating was calculated, with reference to the relevant tables and/or figures used.
4.12 The optimal method to measure the percentage compression of a vertebral body is a well centred plain x-ray. Assessors should state the method they have used. The loss of vertebral height should be measured at the most compressed part and must be documented in the impairment evaluation report. The estimated normal height of the compressed vertebra should be determined where possible by averaging the heights of the two adjacent (unaffected and normal) vertebrae.
Specific interpretation of AMA5
4.13 The range-of-motion (ROM) method is not used, hence any reference to this is omitted (including Table 15-7, p 404, AMA5).
4.14 Motion segment integrity alteration can be either increased translational or angular motion, or decreased motion resulting from developmental changes, fusion, fracture healing, healed infection or surgical arthrodesis. Motion of the individual spine segments cannot be determined by a physical examination, but is evaluated with flexion and extension radiography.
4.15 The assessment of altered motion segment integrity is to be based upon a report of trauma resulting in an injury, and not on developmental or degenerative changes.
4.16 When routine imaging is normal and severe trauma is absent, motion segment disturbance is rare. Thus, flexion and extension imaging is indicated only when a history of trauma or other imaging leads the physician to suspect alteration of motion segment integrity.
DRE definitions of clinical findings
4.17 DRE II is a clinical diagnosis based upon the features of the history of the injury and clinical features. Clinical features which are consistent with DRE II and which are present at the time of assessment include muscle guarding or spasm, asymmetric loss of range of movement or radicular symptoms not objectively present. Localised (not generalised) tenderness may be present. In the lumbar spine additional features include a reversal of the lumbosacral rhythm when straightening from the flexed position and compensatory movement for an immobile spine such as all flexion from the hips. In assigning category DRE II, the assessor must provide detailed reasons why the category was chosen.
While imaging and other studies may assist medical assessors in making a diagnosis, the presence of a morphological variation from ‘normal’ in an imaging study does not make the diagnosis. Approximately 30% of people who have never had back pain will have an imaging study that can be interpreted as ‘positive’ for a herniated disc, and 50% or more will have bulging discs. The prevalence of degenerative changes, bulges and herniations increases with advancing age. To be of diagnostic value, imaging findings must be concordant with clinical symptoms
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and signs. In other words, an imaging test is useful to confirm a diagnosis, but an imaging result alone is insufficient to qualify for a DRE category.
4.18 The clinical findings used to place an individual in a DRE category are described in Box 15–1 (AMA5, pp 382–383).
The reference to ‘Electrodiagnostic Verification of Radiculopathy’ should be disregarded.
(The use of electrodiagnostic procedures such as electromyography is proscribed as an assessment aid for decisions about the category of impairment into which a person should be placed. It is considered that competent assessors can make decisions about which DRE category a person should be placed in from the clinical features alone. The use of electrodiagnostic differentiators is generally unnecessary).
4.19 Cauda equina syndrome and neurogenic bladder disorder are to be assessed by the method prescribed in the spine chapter of AMA5, Section 15.7, p395-398. For an assessment of neurological impairment of bowel or bladder, there must be objective evidence of spinal cord, or cauda equina injury.
Applying the DRE method
4.20 The specific procedures and directions section of AMA5 (Section 15.2a, pp 380– 381) indicates the steps that should be followed to evaluate impairment of the spine (excluding references to the ROM method). Table 4.1 is a simplified version of that section, incorporating the amendments listed above.
Table 4.1: Procedures in evaluating impairment of the spine
History Physical examination
Diagnosis
Use clinical findings to place an individual’s condition in a DRE category according to Box 15.1, AMA5 pp 382–383
Choose the category that determines the percentage impairment: Lumbar region AMA5 Table 15–3, p 384 Thoracic region AMA5 Table 15–4, p 389 Cervical region AMA5 Table 15–5, p 392
4.21 Common developmental findings, spondylosis, spondylolisthesis and disc protrusions without radiculopathy occur in 7%, 3 %, and up to 30% respectively in individuals up to the age of 40 (AMA5, p383). Their presence does not of itself mean that the individual has an impairment due to injury.
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4.22 Loss of sexual function should only be assessed where there is other objective evidence of spinal cord, cauda equina or bilateral nerve root dysfunction. The ratings are described in Table 15-6 on Page 396-397 of AMA5. There is no additional impairment rating system for loss of sexual function in the absence of objective neurological findings. Loss of sexual function is not assessed as an activity of daily living.
4.23 Radiculopathy is the impairment caused by malfunction of a spinal nerve root or nerve roots. In general, in order to conclude that radiculopathy is present, 2 or more of the following criteria should be found, one of which must be major (major criteria in bold): x Loss or asymmetry of reflexes x Muscle weakness that is anatomically localised to an appropriate spinal nerve root distribution x Reproducible impairment of sensation that is anatomically localised to an appropriate spinal nerve root distribution x Positive nerve root tension (Box 15-1, p382 AMA5) x Muscle wasting – atrophy (Box 15-1, p382 AMA5) x Findings on an imaging study consistent with the clinical signs (p382 AMA5)
4.24 Note that radicular complaints of pain or sensory features that follow anatomical pathways but cannot be verified by neurological findings (somatic pain, non- verifiable radicular pain) do not alone constitute radiculopathy.
4.25 Global weakness of a limb related to pain or inhibition or other factors does not constitute weakness due to spinal nerve malfunction.
4.26 Vertebral body fractures and/or dislocations at more than one vertebral level are to be assessed as follows: x Measure the percentage loss of vertebral height at the most compressed part for each vertebra, and x Add the percentage loss at each level: Total loss of more than 50% = DRE IV Total loss of 25% to 50% = DRE III Total loss of less than 25% = DRE II x If radiculopathy is present then the person is assigned one DRE category higher
One or more end plate fractures in a single spinal region without measurable compression of the vertebral body are assessed as DRE category II.
Posterior element fractures (excludes fractures of transverse processes and spinous processes) at multiple levels are assessed as DRE III.
4.27 Displaced fractures of transverse or spinous processes at one or more levels are assessed as DRE Category II because the fracture does not disrupt the spinal canal (AMA5, p 385) and do not cause multilevel structural compromise.
4.28 Within a spinal region separate spinal impairments are not combined. The highest value impairment within the region is chosen. Impairments in different spinal regions are combined using the combination tables.
If both C7 and T1 are fractured only one region of the spine (the cervical) is assessed for whole person impairment. If both T12 and L1 are fractured, then only one region of the spine (the thoracic) is assessed.
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4.29 Impact of ADL. Tables 15-3, 15-4 and 15-5 of AMA5 give an impairment range for DREs II to V. The bottom of the range is chosen initially, and a percentage of from 0-3% may be added for the impact of the injury on the worker’s ADL. Hence, for example, for an injury which is rated DRE Category II, the impairment is 5%, to which may be added an amount of up to 3% for the effect of the injury on the worker’s ADL’s. The determination of the impact on ADLs is not solely dependent on self reporting, but is an assessment based on all clinical findings and other reports.
4.30 The following diagram should be used as a guide to determine whether 0, 1, 2, or 3%WPI should be added to the bottom of the appropriate impairment range. This is only to be added if there is a difference in activity level as recorded and compared to the worker’s status prior to the injury.
4.31 The diagram is to be interpreted as follows: Increase base impairment by: x 3% WPI if worker’s capacity to undertake personal care activities such as dressing, washing, toileting and shaving has been affected. x 2% WPI if the worker can manage personal care, but is restricted with usual household tasks such as cooking, vacuuming, making beds or tasks of equal magnitude such as shopping, climbing stairs or walking reasonable distances . x 1% WPI for those able to cope with the above, but unable to get back to previous sporting or recreational activities such as gardening, running and active hobbies etc.
4.32 The maximum amount that the base impairment due to spinal injury can be increased due to impact on ADL is 3%WPI. An additional amount for ADL can only be assessed for one spinal region, irrespective of the number of spinal regions injured.
4.33 Effect of surgery: Tables 15–3, 15–4 and 15–5 (AMA5, pp 384, 389 and 392), do not adequately account for the effect of surgery upon the impairment rating for certain disorders of the spine.
Surgical decompression for spinal stenosis is DRE III Operations where the radiculopathy has resolved are considered under the DRE category III (AMA5, Tables 15–3, 15–4, 15–5);
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Operations with surgical ankylosis (fusion) are considered under DRE category IV (AMA5, Tables 15–3, 15–4, 15–5). Radiculopathy persisting after surgery is not accounted for by AMA5 Table 15- 3, and incompletely by Tables 15-4 and 15-5, which only refer to radiculopathy which has improved after surgery.
Therefore Table 4.2 was developed to rectify this anomaly. Table 4.2 indicates the additional ratings which should be combined with the rating determined using the DRE method where an operation for an intervertebral disc prolapse or spinal canal stenosis has been performed and where there is a residual radiculopathy following surgery.
Example 15-4 (AMA5, p 386) should therefore be ignored.
Table 4.2: Modifiers for DRE categories where radiculopathy persists after surgery
Procedures Cervical Thoracic Lumbar Discectomy, or single-level 3% 2% 3% decompression with residual signs and symptoms 2nd and further levels, operated on, with 1% each 1% each 1% each medically documented pain and rigidity additional level additional level additional level
Second operation 2% 2% 2% Third and subsequent operations 1% each 1% each 1% each
In summary, to calculate whole person impairment (WPI) for persisting radiculopathy (as per definition) following surgery:
1. Select the appropriate DRE category from Table 15-3, 15-4, or 15-5;
2. Determine a WPI value within the allowed range in Table 15-3, 15-4 or 15-5 according to the impact on the worker’s activities of daily living;
3. Combine this value with the appropriate additional amount from Table 4.2 to determine the final WPI.
4.34 Disc Replacement Surgery. The impairment resulting from this procedure is to be equated to that from a spinal fusion.
4.35 Impairment due to pelvic fractures should be evaluated with reference to the following table which replaces Table 15-19 in AMA 5.
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Table 4.3: Pelvic Fractures %WPI Disorder
1. Non-displaced, healed fractures 0
2. Fractures of the pelvic bones (including sacrum) (i) maximum residual displacement <1cm 2 (ii) maximum residual displacement 1 to 2 cm 5 (iii) maximum residual displacement >2cm 8 (iv) bilateral pubic rami fractures, as determined by the most displaced fragment a. maximum residual displacement 2cm 5 b. maximum residual displacement >2cm 8
3. Traumatic separation of the pubic symphysis (i) <1cm 5 (ii) 1 to 2 cm 8 (iii) >2cm 12
4. Sacro-Iliac Joint dislocations or fracture dislocations (i) maximum residual displacement 1cm 8 (ii) maximum residual displacement>1cm 12
5. Fractures of the coccyx (i) Healed, (and truly) displaced fracture 1 (ii) Excision of the coccyx 5
Fractures of the acetabulum: Evaluate based on restricted range of hip motion
The rating of whole person impairment is evaluated based on radiological appearance at maximum medical improvement, whether or not surgery has been performed. Multiple disorders of the pelvis are not combined. The maximum whole person impairment for pelvic fractures is 12%.
Very severe injuries which have been treated by open reduction and internal fixation, but are associated with residual symptoms, should be given an assessment commensurate with the severity of their original injuries, at the discretion of the assessor with reasons provided.
4.36 Arthritis: See sections 3.20–3.23 of Chapter 3 of these WorkCover Guides (p 17).
4.37 Posterior Spacing or Stabilisation Devices: The insertion of such devices does not warrant any addition to WPI.
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5 Nervous system
AMA5 Chapter 13 applies to the assessment of permanent impairment of the nervous system, subject to the modifications set out below.
Introduction
5.1 AMA5 Chapter 13, The Central and Peripheral Nervous System (pp 305–356), provides guidelines on methods of assessing permanent impairment involving the central nervous system. It is logically structured and consistent with the usual sequence of examination of the nervous system. Cerebral functions are discussed first, followed by the cranial nerves, station, gait and movement disorders, the upper extremities related to central impairment, the brain stem, the spinal cord and the peripheral nervous system, including neuromuscular junction and muscular system. A summary concludes the Chapter.
5.2 Spinal cord injuries are to be assessed using AMA5 Chapter 13.
5.3 The relevant parts of the upper extremity, lower extremity and spine sections of AMA5 Chapter 13 should be used to evaluate impairments of the peripheral nervous system.
The approach to assessment of permanent neurological impairment
5.4 AMA5 Chapter 13 disallows combination of cerebral impairments. However, for the purpose of the WorkCover Guides, cerebral impairments should be evaluated and combined as follows:
Consciousness and awareness Mental status, cognition and highest integrative function Aphasia and communication disorders Emotional and behavioural impairments.
The Assessor should take care to be as specific as possible and not to double-rate the same impairment, particularly in the mental status and behavioural categories.
These impairments are to be combined using the Combined Values Chart (AMA5, pp 604–606). These impairments should then be combined with other neurological impairments indicated in AMA5 Table 13–1 (p 308).
5.5 It should be noted that AMA5 Sections 13.5 and 13.6 (pp 336–340) should be used for cortical motor or sensory impairments and therefore this section covers hemiplegia due to cortical injury. However, if a person has a spinal injury with spinal cord or cauda equina damage, including bowel, bladder and/or sexual dysfunction, he or she is assessed according to the method described in Section 15.7 and Table 15.6 (a) to (g), p395-398 AMA5 (see section 4.19 of these Guides).
5.6 Complex regional pain syndrome is to be assessed using the method indicated in AMA5 Chapter 16, The Upper Extremities (pp 495–497).
5.7 The nervous system Chapter of AMA5 (Chapter 13) lists many impairments where the range for the associated whole person impairment is 0–9% or 0–14%. Where there is a range of impairment percentages listed, the assessor should nominate an impairment percentage based on the complete clinical circumstances revealed during the consultation and in relation to all other available information.
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Specific interpretation of AMA5
5.8 In assessing disturbances of mental status and integrative functioning, and emotional or behavioural disturbances (Sections 13.3d and 13.3f, AMA5 pp 319–322, 325– 327), the assessor should make ratings of mental status impairments and emotional and behavioural impairments based on clinical assessment and the results of neuropsychometric testing. Clinical assessment should indicate at least one of the following:
significant medically verified abnormalities in initial post injury Glasgow Coma Scale score, or significant duration of post traumatic amnesia, or significant intracranial pathology on CT scan or MRI.
Neuropsychological testing should be conducted by a registered clinical neuropsychologist who is a member, or is eligible for membership, of the Australian Psychological Society’s College of Neuropsychology.
5.9 Assessment of arousal and sleep disorders (AMA5 Section 13.3c, pp 317–319): refers to assessment of primary sleep disorders following neurological injury. The assessor should make ratings of arousal and sleep disorders based on the clinical assessment that would normally have been done for clinically significant disorders of this type (ie, sleep studies or similar tests).
5.10 Olfaction and taste: the assessor should use AMA5 Chapter 11, Section 11.4c (p 262) and Table 11–10 (pp 272–275) to assess olfaction and taste, for which a maximum of 5% whole person impairment is allowable for total loss of either sense.
5.11 Visual impairment assessment (AMA4 Chapter 8, pp 209–222): An ophthalmologist should assess all impairments of visual acuity, visual fields, extra- ocular movements or diplopia.
5.12 Trigeminal nerve assessment (AMA5, p 331): Sensory impairments of the trigeminal nerve should be assessed with reference to AMA5 Table 13–11 (p 331). The words “sensory loss or dysaesthesia” should be added to the table after the words “neuralgic pain” in each instance. Impairment percentages for the three divisions of the trigeminal nerve should be apportioned with extra weighting for the first division. If present, motor loss for the trigeminal nerve should be assessed in terms of its impact on mastication and deglutition (AMA5, p 262).
5.13 Spinal accessory nerve: AMA5 provides insufficient reference to the spinal accessory nerve (cranial nerve XI). This nerve supplies the trapezius and sternomastoid muscles. For loss of use of the nerve to trapezius, the assessor should refer to AMA5 Chapter 16 on upper limb assessment, and a maximum of 10% impairment of the upper limb may be assigned. For additional loss of use of sternomastoid, a maximum of 3% upper limb impairment may be added.
5.14 Assessment of sexual functioning (AMA5, Chapter 7, pp 143–171): Impotence should only be assessed as an impairment where there is objective evidence of spinal cord, cauda equina, or bilateral nerve root dysfunction, or lumbo-sacral plexopathy. There is no additional impairment rating for impotence in the absence of objective clinical findings.
5.15 Impairment due to miscellaneous peripheral nerves should be evaluated with reference to the following table (AMA6 P.344.)
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Table 5.1 Criteria for Rating Miscellaneous Peripheral Nerves
Whole Person Impairment Rating Peripheral 0% 1% 2% - 3% 4% - 5% Nerve Greater No neuralgia Sensory loss Mild to Severe Occipital Nerve only in an moderate neurogenic anatomic neurogenic pain in an Lesser distribution pain in an anatomic Occipital Nerve anatomic distribution distribution Greater Auricular Nerve
Intercostal Nerve
Genitofemoral
Ilioinguinal
Iliohypogastric
Pudendal
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6 Ear, nose, throat and related structures
AMA5 Chapter 11 applies to the assessment of permanent impairment of the ear (with the exception of hearing impairment), nose, throat and related structures, subject to the modifications set out below.
Introduction
6.1 AMA5 Chapter 11 (pp 245–275) details the assessment of the ear, nose, throat and related structures. With the exception of hearing impairment, which is dealt with in Chapter 9 of the WorkCover Guides, AMA5 Chapter 11 should be followed in assessing permanent impairment, with the variations included below.
6.2 The level of impairment arising from conditions that are not work related needs to be assessed by the medical assessor and taken into consideration in determining the level of permanent impairment. The level at which pre-existing conditions and lifestyle activities such as smoking contribute to the level of permanent impairment requires judgement on the part of the clinician undertaking the impairment assessment. The manner in which any deduction for these is applied needs to be recorded in the assessing specialist’s report.
The ear
6.3 Equilibrium is assessed according to AMA 5 Section 11.2b (pp 252–255), but add these words to AMA5 Table 11–4 (p 253), Class 2:
“..without limiting the generality of the above, a positive Hallpikes test is a sign and an objective finding.”
The face (AMA5, pp255–259)
6.4 AMA5 Table 11–5 (p 256) should be replaced with Table 6.1, below, when assessing permanent impairment due to facial disorders and/or disfigurement.
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Table 6.1: Criteria for rating permanent impairment due to facial disorders and/or disfigurement
Class 1 Class 2 Class 3 Class 4 0%–5% impairment 6%–10% impairment 11%–15% 16%–50% of the whole person of the whole person impairment of the impairment of the whole person whole person Facial abnormality Facial abnormality Facial abnormality Massive or total limited to disorder of involves loss of involves absence of distortion of normal cutaneous structures, supporting structure of normal anatomic part facial anatomy with such as visible simple part of face, with our or area of face, such disfigurement so scars (not hypertrophic without cutaneous as loss of eye or loss severe that it or atrophic) or disorder (eg, of part of nose, with precludes social abnormal pigmentation depressed cheek, resulting cosmetic acceptance, (refer to AMA5 nasal, or frontal deformity, combine or Chapter 8 for skin bones) with any functional severe, bilateral, facial disorders) or loss, eg, vision (AMA5 Chapter 12) paralysis affecting or near complete loss of most branches or mild, unilateral, facial definition of the outer or paralysis affecting ear severe unilateral facial most branches paralysis affecting loss of a major portion of or entire nose or most branches nasal distortion that or affects physical mild, bilateral, facial appearance paralysis affecting or most branches partial loss or deformity of the outer ear Note: Tables used to classify the examples in AMA5 Section 11.3 (pp 256–259) should also be ignored and assessors should refer to the modified table above for classification.
6.5 AMA5 Example 11–11 (p 257): Add “Visual impairment related to enophthalmos must be assessed by an Ophthalmologist”.
The nose, throat and related structures
Respiration (AMA5 Section 11.4a, pp259–261)
6.6 In regard to sleep apnoea (3rd paragraph, AMA5 Section 11.4a, p 259): a sleep study and an examination by an ear, nose and throat specialist is mandatory before assessment by an approved assessor.
6.7 The assessment of sleep apnoea is addressed in AMA5 Section 5.6 (p 105) and assessors should refer to this Chapter, as well as sections 8.8–8.10 (pp 38-39) in these WorkCover Guides.
6.8 AMA5 Table 11–6 criteria for rating impairment due to air passage defects (AMA5, p 260): this table should be replaced with Table 6.2, below, when assessing permanent impairment due to air passage defects.
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Table 6.2: criteria for rating permanent impairment due to air passage defects
Percentage impairment of the whole person Class 1a Class 1 Class 2 Class 3 Class 4 Class 5 0%–5% 0%–10% 11%–29% 30%–49% 50%–89% 90%+ There are Dyspnea does Dyspnea does Dyspnea does not Dyspnea Severe dyspnea symptoms of not occur at rest not occur at rest occur at rest occurs at rest, occurs at rest and significant and and and although spontaneous difficulty in individual is respiration is breathing dyspnea is not dyspnea is not dyspnea is not inadequate produced by produced by produced by through the necessarily and nose. walking freely walking freely walking freely bedridden on a level on a level more than one or respiratory Examination and reveals surface, surface, two level blocks, ventilation is significant climbing stairs climbing one climbing one flight dyspnea is required partial freely, or flight of stairs, or of stairs even with aggravated by and obstruction of performance of performance of periods of rest, or the other usual other usual performance of performance examination the right and/or reveals partial left nasal cavity activities of daily activities of daily other usual of any of the living living activities of daily usual activities obstruction of the or nasopharynx oropharynx, or significant and but living of daily living (beyond laryngopharynx, septal dyspnea is not dyspnea is and larynx, upper perforation. personal produced by produced by dyspnea is cleansing, trachea (to the stress, stress, produced by dressing or fourth cartilaginous prolonged prolonged stress, prolonged grooming) ring), lower trachea exertion, exertion, exertion, hurrying, or bronchi hurrying, hill- hurrying, hill- hill-climbing, or and climbing, or climbing, or recreational or examination recreational or recreational or similar activities reveals partial similar activities similar activities and obstruction of requiring (except the intensive effort* sedentary examination oropharynx, forms) reveals partial laryngopharyx, and obstruction of the and larynx, upper examination oropharynx, trachea (to the reveals partial examination laryngopharynx, fourth obstruction of reveals partial larynx, upper cartilaginous the oropharynx, obstruction of trachea (to the ring), lower laryngopharynx, the oropharynx, fourth trachea, larynx, upper laryngopharynx, cartilaginous and/or bronchi trachea (to the larynx, upper ring), lower fourth trachea (to the trachea or bronchi cartilaginous fourth ring), lower cartilaginous trachea, ring), lower bronchi, or trachea, complete bronchi, or (bilateral) complete obstruction of (bilateral) the nose or obstruction of nasopharynx the nose or nasopharynx *Prophylactic restriction of activity, such as strenuous competitive sport, does not exclude subject from class 1.
Note: Individuals with successful permanent tracheostomy or stoma should be rated at 25% impairment of the whole person. AMA5 Example 11–16 (p 261): Partial obstruction of the larynx affecting only one vocal cord is better linked to voice (AMA5 Section 11.4e).
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6.9 When using AMA5 Table 11–7, Relationship of Dietary Restrictions to Permanent Impairment (p 262), consider % impairment of the whole person — first category to be 0–19%, not 5%–19%.
Speech (AMA5, pp 262–264)
6.10 Regarding the first sentence of the “Examining procedure” subsection (pp 263– 264): the examiner should have sufficient hearing for the purpose — disregard “normal hearing as defined in the earlier section of this Chapter on hearing”.
6.11 Examining procedure (pp 263–264), second paragraph: “The examiner should base judgements of impairment on two kinds of evidence: (1) attention to and observation of the individual’s speech in the office — for example, during conversation, during the interview, and while reading and counting aloud — and (2) reports pertaining to the individual’s performance in everyday living situations.” Disregard the next sentence: “The reports or the evidence should be supplied by reliable observers who know the person well.”
6.12 Examining procedure (pp 263–264): where the word “American” appears as a reference, substitute “Australian”, and change measurements to the metric system (eg, 8.5 inch = 22 cm).
The voice (AMA5 Section 11.4e, pp 264–267)
6.13 Substitute the word “laryngopharyngeal” for “gastroesophageal” in all examples where it appears.
6.14 Example 11.25 (Impairment Rating, p 269), second sentence: add the underlined phrase “Combine with appropriate ratings due to other impairments including respiratory impairment to determine whole person impairment.”
Ear, nose, throat and related structures impairment evaluation summary
6.15 AMA5 Table 11–10 (pp 272–275): Disregard this table, except for impairment of olfaction and/or taste, and hearing impairment as determined in the WorkCover Guides.
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7 Urinary and reproductive systems
AMA5 Chapter 7 applies to the assessment of permanent impairment of the urinary and reproductive systems, subject to the modifications set out below.
Introduction
7.1 AMA5 Chapter 7 (pp 143–171) provides clear details for assessment of the urinary and reproductive systems. Overall the Chapter should be followed in assessing permanent impairment, with the variations included below.
7.2 For both male and female sexual dysfunction, identifiable pathology should be present for an impairment percentage to be given.
Urinary diversion
7.3 AMA5 Table 7–2 (p 150) should be replaced with Table 7.1, below, when assessing permanent impairment due to urinary diversion disorders. This table includes ratings for neobladder and continent urinary diversion.
7.4 Continent urinary diversion is defined as a continent urinary reservoir constructed of small or large bowel with a narrow catheterisable cutaneous stoma through which it must be emptied several times a day.
Table 7.1: Criteria for rating permanent impairment due to urinary diversion disorders
Diversion type % Impairment of the whole person Ureterointestinal 10% Cutaneous ureterostomy 10% Nephrostomy 15% Neobladder/replacement 15% cystoplasty Continent urinary diversion 20%
Bladder
7.5 AMA5 Table 7–3 (p 151) should be replaced with Table 7.2, below, when assessing permanent impairment due to bladder disease. This table includes ratings involving urge and total incontinence (defined in paragraph 7.80).
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Table 7.2: Criteria for rating permanent impairment due to bladder disease
Class 1 Class 2 Class 3 0%–15% impairment of the 16%–40% impairment of the 41%–70% impairment of the whole person whole person whole person Symptoms and signs of Symptoms and signs of Abnormal (ie under- or over-) bladder disorder bladder disorder e.g., urinary reflex activity (eg, intermittent and frequency (urinating more than urine dribbling, loss of control, every two hours); severe urinary urgency and urge requires intermittent treatment nocturia (urinating more than incontinence once or more each and three times a night); urge day) normal functioning between incontinence more than once a and/or week malfunctioning episodes no voluntary control of and micturition; reflex or areflexic requires continuous treatment bladder on urodynamics and/or total incontinence eg, fistula
7.6 AMA 5 Example 7–16 (p151) should be reclassified as an example of Class 2, as the urinary frequency is more than every two hours and continuous treatment would be expected.
Urethra
7.7 AMA5 Table 7–4 (p 153) should be replaced with Table 7.3, below, when assessing permanent impairment due to urethral disease. This table includes ratings involving stress incontinence
Table 7.3: Criteria for rating permanent impairment due to urethral disease Class 1 Class 2 Class 3 0%–10% impairment of the 11%–20% impairment of the 21%–40% impairment of the whole person whole person whole person Symptoms and signs of Symptoms and signs of Urethral dysfunction resulting urethral disorder urethral disorder; stress urinary in intermittent urine dribbling, and incontinence more than three or stress urinary incontinence times a week at least daily requires intermittent therapy for control and cannot effectively be controlled by treatment
Urinary incontinence
7.8 Urge urinary incontinence is the involuntary loss of urine associated with a strong desire to void. Stress urinary incontinence is the involuntary loss of urine occurring with clinically demonstrable raised intra-abdominal pressure. It is expected that urinary incontinence of a regular or severe nature (necessitating the use of protective pads or appliances) will be assessed as follows:
Stress urinary incontinence (demonstrable clinically): 11–25% according to severity Urge urinary incontinence: 16–40% according to severity Mixed (urge and stress) incontinence: 16–40% according to severity Nocturnal enuresis or wet in bed: 16–40% according to severity
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Total incontinence (continuously wet, eg, from fistula): 50–70% The highest scoring condition is to be used to assess impairment — combinations are not allowed.
Male reproductive organs
Penis
7.9 AMA5, p 157: the box labelled “Class 3, 21–35% ” should read “Class 3, 20% Impairment of the Whole Person” as the descriptor “No sexual function possible” does not allow a range. (The correct value is shown in Table 7–5). Note, however, that there is a loading for age, so a rate higher than 20% is possible.
Testicles, epididymides and spermatic cords
7.10 AMA5 Table 7–7 (p 159) should be replaced with Table 7.4, below, when assessing permanent impairment due to testicular, epididymal and spermatic cord disease. This table includes rating for infertility and equates impairment with female infertility (see Table 7.5, in this Chapter of the WorkCover Guides). Infertility in either sex must be considered to be of equal impact, age for age.
7.11 Male infertility is defined as azoospermia or other cause of inability to cause impregnation even with assisted contraception techniques.
7.12 Loss of sexual function related to spinal injury should only be assessed as an impairment where there is other objective evidence of spinal cord, cauda equina or bilateral nerve root dysfunction. The ratings described in Table 13–21 on p 342 of AMA5 are used in this instance. There is no additional impairment rating system for loss of sexual function in the absence of objective clinical findings.
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Table 7.4: Criteria for rating permanent impairment due to testicular, epididymal and spermatic cord disease
Class 1 Class 2 Class 3 0%–10% impairment of the 11%–15% impairment of the 16%–35% impairment of the whole person whole person whole person Testicular, epididymal or Testicular, epididymal or Trauma or disease produces spermatic cord disease spermatic cord disease bilateral anatomic loss of the symptoms and signs and symptoms and signs and primary sex organs anatomic alteration anatomic alteration or and and no detectable seminal or no continuous treatment cannot effectively be controlled hormonal function required by treatment or and and infertility no seminal or hormonal detectable seminal or hormonal function or abnormalities abnormalities or solitary testicle
Female reproductive organs
Fallopian tubes and ovaries 7.13 AMA5 Table 7–11 (p167) should be replaced with Table 7.5, below, when assessing permanent impairment due to fallopian tube and ovarian disease. This table includes rating for infertility and equates impairment with male infertility (see Table 7.4, above). Infertility in either sex must be considered to be of equal impact, age for age.
7.14 Female infertility: a woman in the childbearing age is infertile when she is unable to conceive naturally. This may be due to anovulation, tubal blockage, cervical or vaginal blocking or an impairment of the uterus.
Table 7.5: Criteria for rating permanent impairment due to fallopian tube and ovarian disease
Class 1 Class 2 Class 3 0%–15% impairment of the 16%–25% impairment of the 26%–35% impairment of the whole person whole person whole person Fallopian tube or ovarian Fallopian tube or ovarian Fallopian tube or ovarian disease or deformity symptoms disease or deformity symptoms disease or deformity symptoms and signs do not require and signs require continuous and signs continuous treatment treatment, but tubal patency and or persists and ovulation is possible total tubal patency loss or only one functioning fallopian failure to produce ova in the tube or ovary in the premenopausal period premenopausal period or or bilateral fallopian tube or bilateral fallopian tube or bilateral ovarian loss in the ovarian functional loss in the premenopausal period; postmenopausal period infertility
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8 Respiratory system
AMA5 Chapter 5 applies to the assessment of permanent impairment of the respiratory system, subject to the modifications set out below.
Introduction
8.1 AMA5 Chapter 5 provides a useful summary of the methods for assessing permanent impairment arising from respiratory disorders.
8.2 The level of impairment arising from conditions that are not work related needs to be assessed by the medical assessor and taken into consideration in determining the level of permanent impairment. The level at which pre-existing conditions and lifestyle activities such as smoking contribute to the level of permanent impairment requires judgement on the part of the clinician undertaking the impairment assessment. The manner in which any deduction for these is applied needs to be recorded in the assessing specialist’s report.
Examinations, clinical studies and other tests for evaluating respiratory disease (AMA5 Section 5.4)
8.3 AMA5 Tables 5–2b, 5–3b, 5–4b, 5–5b, 5–6b and 5–7b give the lower limits of normal values for pulmonary function tests. These are used in Table 5–12 to determine the impairment classification for respiratory disorders.
8.4 Classes 2, 3 and 4 in Table 5–12 list ranges of whole person impairment. The assessor should nominate the nearest whole percentage based on the complete clinical circumstances when selecting within the range.
Asthma (AMA5 Section 5.5)
8.5 In assessing permanent impairment arising from occupational asthma, the assessor will require evidence from the treating physician that:
At least three lung function tests have been performed over a six month period and that the results were consistent and repeatable over that period;
the worker has received maximal treatment and is compliant with his/her medication regimen.
8.6 Bronchial challenge testing should not be performed as part of the impairment
assessment, therefore in AMA5 Table 5–9 (p 104) ignore column four (PC20 mg/mL or equivalent, etc).
8.7 Permanent impairment due to asthma is rated by the score for the best post-
bronchodilator forced expiratory volume in one second (FEV1) (score in column 2, AMA5 Table 5–9) plus per cent of FEV1 (score in column 3) plus minimum medication required (score in column 5). The total score derived is then used to assess the percent impairment in AMA5 Table 5–10 (p 104).
Obstructive sleep apnoea (AMA5 Section 5.6)
8.8 This section needs to be read in conjunction with AMA5 Section 11.4 (p 259) and Section 13.3c (p 317).
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8.9 Before permanent impairment can be assessed, the person must have appropriate assessment and treatment by an ear, nose and throat surgeon and a respiratory physician who specialises in sleep disorders.
8.10 Degree of permanent impairment due to sleep apnoea should be calculated with reference to AMA5 Table 13–4 (p 317).
Hypersensitivity pneumonitis (AMA5 Section 5.7)
8.11 Permanent impairment arising from disorders included in this section are assessed according to the impairment classification in AMA5 Table 5–12.
Pneumoconiosis (AMA5 Section 5.8)
8.12 This section is excluded from the WorkCover Guides, as these impairments are the subject of the Dust Diseases Legislation.
Lung cancer (AMA5 Section 5.9)
8.13 Permanent impairment due to lung cancer should be assessed at least six months after surgery. Table 5–12 (not Table 5–11) should be used for assessment of permanent impairment.
8.14 Persons with residual lung cancer after treatment are classified in Respiratory Impairment Class 4 (Table 5–12).
Permanent impairment due to respiratory disorders (AMA5 Section 5.10)
8.15 Table 5–12 (AMA5, p 107) should be used to assess permanent impairment for respiratory disorders. The pulmonary function tests listed in Table 5–12 must be performed under standard conditions. Exercise testing is not required on a routine basis.
8.16 An isolated abnormal diffusing capacity for carbon monoxide (DCO) in the presence of otherwise normal results of lung function testing should be interpreted with caution and its aetiology should be clarified.
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9 Hearing
AMA5 Chapter 11 applies to the assessment of permanent impairment of hearing, subject to the modifications set out below.
Assessment of hearing impairment (hearing loss)
9.1 A worker may present for assessment of hearing loss for compensation purposes before having undergone all or any of the health investigations that generally occur before assessment of permanent impairment. For this reason and to ensure that conditions other than “occupational hearing impairment” are precluded, the medical assessment should be undertaken by an ear, nose and throat specialist or other appropriately qualified medical specialist. The medical assessment needs to be undertaken in accordance with the hearing impairment section of AMA5 Table 11– 10 (pp 272–275). The medical specialist performing the assessment must examine the worker. The medical specialist’s assessment must be based on medical history and ear, nose and throat examination, evaluation of relevant audiological tests and evaluation of other relevant investigations available to the medical assessor. Only medical specialists can sign medical reports.
9.2 Disregard AMA5 Sections 11.1b and 11.2 (pp 246-255), but retain Section 11.1a (Interpretation of Symptoms and Signs, p 246).
9.3 Some of the relevant tests are discussed in the AMA5 Hearing Impairment Evaluation Summary Table 11–10 (pp 272–275). The relevant row for these guides is the one headed “Hearing impairment” with the exception of the last column headed “Degree of impairment”. The degree of impairment is determined according to this WorkCover guide.
9.4 The level of hearing impairment caused by non-work-related conditions is assessed by the medical specialist and considered when determining the level of work-related hearing impairment. While this requires medical judgement on the part of the examining medical specialist, any non-work-related deductions should be recorded in the report.
9.5 Disregard AMA5 Tables 11–1, 11–2, 11–3 (pp 247–250). For the purposes of the WorkCover Guides, National Acoustic Laboratory (NAL) Tables from the NAL Report No. 118, “Improved Procedure for Determining Percentage Loss of Hearing” (January 1988) are adopted as follows:
Tables RB 500–4000 (pp 11–16) Tables RM 500–4000 (pp 18–23) Appendix 1 and 2 (pp 8–9) Appendix 5 and 6 (pp 24–26) Tables EB 4000–8000 (pp 28–30) Table EM 4000–8000 (pp 32–34)
In the presence of significant conduction hearing loss, the extension tables do not apply.
AMA5 Table 11–3 is replaced by Table 9.1 at the end of this chapter.
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Hearing impairment
9.6 Impairment of a worker’s hearing is determined according to evaluation of the individual’s binaural hearing impairment.
9.7 Permanent hearing impairment should be evaluated when the condition is stable. Prosthetic devices (that is, hearing aids) must not be worn during the evaluation of hearing sensitivity.
9.8 Hearing threshold level for pure tones is defined as the number of decibels above standard audiometric zero for a given frequency at which the listener’s threshold of hearing lies when tested in a suitable sound attenuated environment. It is the reading on the hearing level dial of an audiometer that is calibrated according to Australian Standard AS 2586–1983.
9.9 Evaluation of binaural hearing impairment: Binaural hearing impairment is determined by using the tables in the 1988 NAL publication with allowance for presbycusis according to the presbycusis correction table, if applicable, in the same publication.
The Binaural Tables RB 500–4000 (NAL publication, pp11–16) are to be used, except when it is not possible or would be unreasonable to do so. For the purposes of calculating binaural hearing impairment, the better and worse ear may vary as between frequencies.
Where it is necessary to use the monaural tables, the binaural hearing impairment (BHI) is determined by the formula:
BHI = [4 x (better ear hearing loss)] + worse ear hearing loss 5 9.10 Presbycusis correction (NAL publication, p 24) only applies to occupational hearing loss contracted by gradual process — for example, occupational noise induced hearing loss and/or occupational solvent induced hearing loss.
9.11 Binaural hearing impairment and severe tinnitus: Up to 5% may be added to the work-related binaural hearing impairment for severe tinnitus caused by a work- related injury:
after presbycusis correction, if applicable, and before determining whole person impairment.
Assessment of severe tinnitus is based on a medical specialist’s assessment.
9.12 Only hearing ear: A worker has an “only hearing ear” if he or she has suffered a non-work-related severe or profound sensorineural hearing loss in the other ear. If a worker suffers a work-related injury causing a hearing loss in the only hearing ear of x dBHL at a relevant frequency, the worker’s work-related binaural hearing impairment at that frequency is calculated from the binaural tables using x dB as the hearing threshold level in both ears. Deduction for presbycusis if applicable and addition for severe tinnitus is undertaken according to this guide.
9.13 When necessary, binaural hearing impairment figures should be rounded to the nearest 0.1%. Rounding up should occur if equal to or greater than .05%, and rounding down should occur if equal to or less than .04%.
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9.14 Table 9.1 is used to convert binaural hearing impairment, after deduction for presbycusis if applicable and after addition for severe tinnitus, to whole person impairment.
9.15 The method of subtracting a previous impairment for noise induced hearing loss, where the previous impairment was not assessed in accordance with the WorkCover Guides for the Evaluation of Permanent Impairment, is as shown in the following example:
x The current level of binaural hearing impairment is established by the relevant specialist. x Convert this to Whole Person Impairment from Table 9.1 in the WorkCover Guides. x Calculate the proportion of the current binaural hearing impairment that was accounted for by the earlier assessment and express it as a percentage of the current hearing impairment. x The percentage of current hearing impairment that remains is the amount to be compensated. x This needs to be expressed in terms of Whole Person Impairment for calculation of compensation entitlement.
Example: x The current binaural hearing loss is 8% x % Whole Person Impairment is 4% x The binaural hearing impairment for which compensation was paid previously is 6% which is 75% of the current hearing impairment of 8%. x The remaining percentage, 25%, is the percentage of Whole Person Impairment to be compensated x 25% of the Whole Person Impairment of 4% is 1%.
The worker is compensated an additional 1% Whole Person Impairment.
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Table 9.1: Relationship of binaural hearing impairment to whole person impairment
% Binaural % Whole % Binaural % Whole person hearing person hearing impairment impairment impairment impairment 0.0–5.9 0 51.1–53.0 26 53.1–55.0 27 6.0–6.7 3 55.1–57.0 28 6.8–8.7 4 57.1–59.0 29 8.8–10.6 5 59.1–61.0 30 10.7–12.5 6 61.1–63.0 31 12.6–14.4 7 63.1–65.0 32 14.5–16.3 8 65.1–67.0 33 16.4–18.3 9 67.1–69.0 34 18.4–20.4 10 69.1–71.0 35 20.5–22.7 11 71.1–73.0 36 22.8–25.0 12 73.1–75.0 37 25.1–27.0 13 75.1–77.0 38 27.1–29.0 14 77.1–79.0 39 29.1–31.0 15 79.1–81.0 40 31.1–33.0 16 81.1–83.0 41 33.1–35.0 17 83.1–85.0 42 35.1–37.0 18 85.1–87.0 43 37.1–39.0 19 87.1–89.0 44 39.1–41.0 20 89.1–91.0 45 41.1–43.0 21 91.1–93.0 46 43.1–45.0 22 93.1–95.0 47 45.1–47.0 23 95.1–97.0 48 47.1–49.0 24 97.1–99.0 49 49.1–51.0 25 99.1–100 50
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9.16 AMA5 Examples 11.1,11.2, 11.3 (pp 250–251) are replaced by WorkCover Examples 9.1-9.7, below, which were developed by the Working Party.
Table 9.2: Medical assessment elements in examples
Element Example No. General use of binaural table — NAL 1,2 1988 “Better ear”–“worse ear” crossover 1,2 Assessable audiometric frequencies 7 — also 1,2,4,5,6 Tinnitus 1,2,3,4 Presbycusis All examples Binaural hearing impairment All examples Conversion to whole person All examples impairment Gradual process injury 3 Noise-induced hearing loss 1,2,3,5,6,7 Solvent-induced hearing loss 3 Acute occupational hearing loss 4,5 Acute acoustic trauma 5 Pre-existing non-occupational hearing 6 loss Only hearing ear 6 NAL 1988 Extension Table Use 7 Multiple Causes of Hearing Loss 3,5,6 Head injury 4
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Example 9.1: Occupational noise-induced hearing loss and severe tinnitus
A 60-year-old man, a boilermaker for 30 years, gave a history of progressive hearing loss and tinnitus. The assessing medical specialist has assessed the tinnitus as severe. The external auditory canals and tympanic membranes were normal. Rinne test was positive bilaterally and the Weber test result was central. Clinical assessment of hearing was consistent with results of pure tone audiometry, which showed a bilateral sensorineural hearing loss. The medical specialist diagnosed noise induced hearing loss.
Pure tone audiometry
Frequency Left (dB Right (dB Binaural hearing impairment (Hz) HL) HL) (%BHI) 500 15 10 0 1000 15 15 0 1500 15 20 0.4 2000 25 30 1.5 3000 50 45 4.2 4000 65 70 6.8 6000 30 30 – 8000 20 20 – Total %BHI 12.9 Less Presbycusis correction of 0.8 12.1 Add 3.0% for severe tinnitus 15.1 Adjusted total %BHI 15.1 Resultant total BHI of 15.1% = 8% whole person impairment (Table 9.1)
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Example 9.2: Occupational noise-induced hearing loss and mild tinnitus
A 55-year-old man, a steelworker for 30 years, gave a history of increasing difficulties with hearing and tinnitus. The assessing medical specialist diagnosed occupational noise- induced hearing loss with mild tinnitus.
Pure tone audiometry
Frequency Left (dB Right (dB Binaural hearing (Hz) HL) HL) impairment (%BHI) Comment 500 15 15 0.0 The assessing medical specialist’s 1000 15 15 0.0 opinion is that the 1500 20 25 1.0 tinnitus suffered by 2000 30 35 2.5 the worker is not severe and thus no 3000 50 45 4.2 addition to the 4000 55 55 5.2 binaural hearing impairment was made 6000 30 30 – for tinnitus. 8000 20 20 – Total %BHI 12.9 No presbycusis correction 12.9 Adjusted total %BHI 12.9 Resultant total BHI of 12.9% = 7% whole person impairment (Table 9.1)
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Example 9.3: Multiple gradual process occupational hearing loss
A 63-year-old male boat builder and printer gave a history of hearing difficulty and tinnitus. There had been marked chronic exposure to noise and solvents in both occupations for 35 years altogether. The assessing medical specialist diagnosed bilateral noise-induced hearing loss and bilateral solvent-induced hearing loss with severe tinnitus.
The assessing medical specialist’s opinion is that the solvent exposure contributed to the hearing impairment as a gradual process injury. The total noise-induced and solvent-induced BHI was 17.5%.
The appropriate presbycusis deduction was applied. Then, the assessing medical specialist added 2% to the after-presbycusis binaural hearing impairment for severe tinnitus.
Pure tone audiometry
Frequency (Hz) Left (dB Right (dB Binaural hearing HL) HL) impairment (%BHI) 500 15 15 0.0 1000 15 15 0.0 1500 25 25 1.4 2000 35 40 3.8 3000 60 60 6.3 4000 60 60 6.0 6000 45 50 – 8000 40 40 – Total noise-induced and solvent-induced BHI (%) 17.5 Presbycusis correction of 1.7% 15.8 2% addition for medically assessed severe 17.8 tinnitus Adjusted Total BHI 17.8 Resultant total BHI of 17.8% = 9% whole person impairment (Table 9.1)
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Example 9.4: Occupational hearing loss from head injury
A 62-year-old male worker sustained a head injury after falling from a ladder. He suffered left hearing loss and tinnitus unaccompanied by vertigo. The assessing medical specialist assesses his tinnitus as severe. External auditory canals and tympanic membranes are normal. Rinne test is positive bilaterally and Weber test lateralises to the right. CT scan of the temporal bones shows a fracture on the left. Clinical assessment of hearing is consistent with pure tone audiometry, which shows a flat left sensorineural hearing loss and mild right sensorineural hearing loss.
Pure tone audiometry
Frequency Left (dB Right (dB Binaural hearing (Hz) HL) HL) impairment (%BHI) 500 45 15 2.0 1000 50 15 2.8 1500 55 10 2.5 2000 50 15 1.7 3000 60 20 1.7 4000 60 25 1.5 6000 60 15 – 8000 60 20 – Total %BHI 12.2 No correction for presbycusis applies – Add 4.0% for severe tinnitus 16.2 Adjusted total BHI 16.2 Resultant total BHI of 16.2% = 8% whole person impairment (Table 9.1)
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Example 9.5: Occupational noise-induced hearing loss with acute occupational hearing loss
A 65-year-old production worker for 10 years was injured in an explosion at work. He reported immediate post-injury otalgia and acute hearing loss in the left ear. The assessing medical specialist diagnosed occupational noise-induced hearing loss and left acute acoustic trauma. The assessing medical specialist had no medical evidence that, immediately before the explosion, the hearing in the left ear was significantly different from that in the right ear.
Pure tone audiometry
Binaural hearing BHI due to noise- impairment induced hearing Frequency (Hz) Left (dB HL) Right (dB HL) (%BHI) loss 500 30 15 1.0 0.0 1000 45 15 2.5 0.0 1500 55 15 2.5 0.0 2000 70 15 2.2 0.0 3000 80 25 2.4 0.7 4000 80 30 2.3 0.8 6000 >80 30 – – 8000 >80 25 – – Total BHI (%) 12.9 Occupational noise-induced BHI(%) before 1.5 presbycusis correction Occupational noise-induced BHI(%) after presbycusis 0 correction of 2.4% Acute acoustic trauma BHI (%) 11.4 Presbycusis does not apply to acute acoustic trauma – Resultant total BHI due to acute acoustic trauma of 11.4% = 6% whole person impairment (Table 9.1)
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Example 9.6: Occupational noise-induced hearing loss in an only hearing ear
A 66-year-old woman has been a textile worker for 30 years. Childhood mumps had left her with profound hearing loss in the left ear. She gave a history of progressive hearing loss in her only hearing ear unaccompanied by tinnitus or vertigo. External auditory canals and tympanic membranes appeared normal. Rinne test was positive on the right and was false negative on the left. Weber test lateralised to the right. Clinical assessment of hearing is consistent with pure tone audiogram showing a profound left sensorineural hearing loss and a partial right sensorineural hearing loss. The medical assessor diagnosed noise induced hearing loss in the right ear.
Pure tone audiometry
Binaural hearing Frequency impairment Occupational (Hz) Left (dB HL) Right (dB HL) (%BHI) %BHI 500 >95 10 3.4 0 1000 >95 15 4.3 0 1500 >95 20 4.2 0.6 2000 >95 25 3.8 1.1 3000 >95 50 5.4 4.8 4000 >95 70 8.0 7.5 6000 >95 50 – – 8000 >95 40 – – Total %BHI 29.1 Total occupational %BHI 14.0 Presbycusis correction does not apply to a 66 year old woman – No addition for tinnitus – Adjusted total occupational %BHI 14.0 Total occupational BHI of 14% = 7% whole person impairment (Table 9.1)
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Example 9.7: Occupational noise-induced hearing loss where there is a special requirement for ability to hear at frequencies above 4000 Hz
A 56-year-old female electronics technician who worked in a noisy factory for 20 years had increasing hearing difficulty. The diagnosis made was bilateral occupational noise-induced hearing loss extending to 6000 Hz or 8000 Hz. The assessing medical specialist was of the opinion that there was a special requirement for hearing above 4000 Hz. There was no conductive hearing loss.
Pure tone audiometry
Binaural hearing impairment (%BHI) Using extension table Not using Frequency – 4000, 6000 extension (Hz) Left (dB HL) Right (dB HL) and 8000 Hz table 500 10 10 0.0 0.0 1000 15 15 0.0 0.0 1500 20 25 1.0 1.0 2000 30 35 2.5 2.5 3000 45 45 4.1 4.1 4000 45 50 2.2 3.6 6000 60 55 1.6 – 8000 50 20 0.2 – Total BHI (%) using extension table 11.6 Total BHI (%) not using extension table 11.2 Presbycusis correction 0 The assessing medical specialist is of the opinion that the binaural hearing impairment in this matter is 11.6% rather than 11.2% Adjusted total %BHI 11.6 Resultant Total BHI of 11.6% = 6% whole person impairment (Table 9.1)
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10 The visual system
AMA4 Chapter 8 applies to the assessment of permanent impairment of the visual system, subject to the modifications set out below.
Introduction and approach to assessment
10.1 The visual system must be assessed by an ophthalmologist.
10.2 Chapter 8 (pp 209–222) of the American Medical Association Guides to the Assessment of Permanent Impairment Fourth Edition (AMA4) are adopted for the WorkCover Guides without significant change.
10.3 AMA4 is used rather than AMA5 for the assessment of permanent impairment of the visual system because: the equipment recommended for use in AMA5 is expensive and not owned by most privately practising ophthalmologists (eg, the Goldman apparatus for measuring visual fields); the assessments recommended in AMA5 are considered too complex, raising a risk that resulting assessments may be of a lower standard than if the AMA4 method was used. There is little emphasis on diplopia in AMA5, yet this is a relatively frequent problem. Many ophthalmologists are familiar with the Royal Australian College of Ophthalmologists’ impairment guide, which is similar to AMA4.
10.4 Impairment of vision should be measured with the injured worker wearing their prescribed corrective spectacles and/or contact lenses, if that was normal for the injured worker before the workplace injury. If, as a result of the workplace injury, the injured worker has been prescribed corrective spectacles and/or contact lenses for the first time, or different spectacles and/or contact lenses than those prescribed before injury, the difference should be accounted for in the assessment of permanent impairment.
10.5 The ophthalmologist should perform, or review, all tests necessary for the assessment of permanent impairment rather than relying on tests, or interpretations of tests, done by the orthoptist or optometrist.
10.6 An ophthalmologist should assess visual field impairment in all cases.
10.7 In AMA4 Section 8.5, "Other Conditions" (p 222), the "additional 10% impairment" referred to means 10% whole person impairment, not 10% impairment of the visual system.
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11 Psychiatric and psychological disorders
AMA5 Chapter 14 is excluded and replaced by this chapter.
Introduction
11.1 This chapter lays out the method for assessing psychiatric impairment. The evaluation of impairment requires a medical examination.
11.2 Evaluation of psychiatric impairment is conducted by a psychiatrist who has undergone appropriate training in this assessment method.
11.3 Permanent impairment assessments for psychiatric and psychological disorders are only required where the primary injury is a psychological one. The psychiatrist needs to confirm that the psychiatric diagnosis is the injured worker’s primary diagnosis. This assessment is not done for the purposes of determining “pain and suffering” as defined for the purposes of section 67 of the Workers Compensation Act 1987. “Pain and suffering” means actual pain, distress or anxiety, suffered or likely to be suffered by the injured worker, whether resulting from the permanent impairment concerned or from any necessary treatment of that impairment.
Background to the development of the scale
11.4 The psychiatric impairment rating scale (PIRS) used here was originally developed, using AMA4, for the New South Wales Motor Accidents Authority. It was then further modified for Comcare. At this time the conversion table was added. Finally, to ensure relevance in the NSW Workers’ Compensation context, the PIRS was extensively reviewed with reference to AMA5. Changes have been made to the method for assessing pre-injury impairment, and to some of the descriptors within each of the functional areas.
Diagnosis
11.5 The impairment rating must be based upon a psychiatric diagnosis (according to a recognised diagnostic system) and the report must specify the diagnostic criteria upon which the diagnosis is based. Impairment arising from any of the somatoform disorders (DSM IV TR, pp 485–511) are excluded from this chapter.
11.6 If pain is present as the result of an organic impairment, it should be assessed as part of the organic condition under the relevant table. This does not constitute part of the assessment of impairment relating to the psychiatric condition. The impairment ratings in the body organ system chapters in AMA5 make allowance for any accompanying pain.
11.7 It is expected that the psychiatrist will provide a rationale for the rating based on the injured worker’s psychiatric symptoms. The diagnosis is among the factors to be considered in assessing the severity and possible duration of the impairment, but is not the sole criterion to be used. Clinical assessment of the person may include information from the injured worker’s own description of his or her functioning and limitations; from family members and others who may have knowledge of the person. Medical reports, feedback from treating professionals, results of standardised tests, including appropriate psychometric testing performed by a qualified clinical psychologist, and work evaluations may provide useful information
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to assist with the assessment. Evaluation of impairment will need to take into account variations in the level of functioning over time. Percentage impairment refers to “whole person impairment”.
Permanent impairment
11.8 A psychiatric disorder is permanent if in your clinical opinion, it is likely to continue indefinitely. Regard should be given to:
the duration of impairment; the likelihood of improvement in the injured workers’ condition; whether the injured worker has undertaken reasonable rehabilitative treatment; any other relevant matters.
Effects of treatment
11.9 Consider the effects of medication, treatment and rehabilitation to date. Is the condition stable? Is treatment likely to change? Are symptoms likely to improve? If the injured worker declines treatment, this should not affect the estimate of permanent impairment. The psychiatrist may make a comment in the report about the likely effect of treatment or the reasons for refusal of treatment.
Co-morbidity
11.10 Consider co-morbid features (eg, Alzheimer’s disease, personality disorder, substance abuse) and determine whether they are directly linked to the work- related injury or whether they were pre-existing or unrelated conditions.
Pre-existing impairment
11.11 To measure the impairment caused by a work-related injury or incident, the psychiatrist must measure the proportion of WPI due to a pre-existing condition. Pre-existing impairment is calculated using the same method for calculating current impairment level. The assessing psychiatrist uses all available information to rate the injured workers pre-injury level of functioning in each of the areas of function. The percentage impairment is calculated using the aggregate score and median class score using the conversion table below. The injured worker’s current level of impairment is then assessed, and the pre-existing impairment level (%) is then subtracted from their current level to obtain the percentage of permanent impairment directly attributable to the work-related injury. If the percentage pre- existing impairment cannot be assessed, 10% of the estimated level of the condition now being assessed is to be deducted.
Psychiatric impairment rating scale (PIRS)
11.12 Behavioural consequences of psychiatric disorder are assessed on six scales, each of which evaluates an area of functional impairment: 1. Self care and personal hygiene (Table 11.1) 2. Social and recreational activities (Table 11.2) Activities of daily living 3. Travel (Table 11.3) } 4. Social functioning (relationships) (Table 11.4) 5. Concentration (Table 11.5) 6. Employability (Table 11.6)
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11.13 Impairment in each area is rated using class descriptors. Classes range from 1 to 5, in accordance with severity. The standard form must be used when scoring the PIRS. The examples of activities are examples only. The assessing psychiatrist should take account of the person’s cultural background. Consider activities that are usual for the person’s age, sex and cultural norms.
Table 11.1: Psychiatric impairment rating scale — Self care and personal hygiene Class 1 No deficit, or minor deficit attributable to the normal variation in the general population Class 2 Mild impairment: able to live independently; looks after self adequately, although may look unkempt occasionally; sometimes misses a meal or relies on take-away food. Class 3 Moderate impairment: Can’t live independently without regular support. Needs prompting to shower daily and wear clean clothes. Does not prepare own meals, frequently misses meals. Family member or community nurse visits (or should visit) 2–3 times per week to ensure minimum level of hygiene and nutrition. Class 4 Severe impairment: Needs supervised residential care. If unsupervised, may accidentally or purposefully hurt self. Class 5 Totally impaired: Needs assistance with basic functions, such as feeding and toileting.
Table 11.2: Psychiatric impairment rating scale — Social and recreational activities Class 1 No deficit, or minor deficit attributable to the normal variation in the general population: regularly participates in social activities that are age, sex and culturally appropriate. May belong to clubs or associations and is actively involved with these. Class 2 Mild impairment: occasionally goes out to such events without needing a support person, but does not become actively involved (eg, dancing, cheering favourite team). Class 3 Moderate impairment: rarely goes out to such events, and mostly when prompted by family or close friend. Will not go out without a support person. Not actively involved, remains quiet and withdrawn. Class 4 Severe impairment: never leaves place of residence. Tolerates the company of family member or close friend, but will go to a different room or garden when others come to visit family or flat mate. Class 5 Totally impaired. Cannot tolerate living with anybody, extremely uncomfortable when visited by close family member.
Table 11.3: Psychiatric impairment rating scale — Travel Class 1 No deficit, or minor deficit attributable to the normal variation in the general population: Can travel to new environments without supervision. Class 2 Mild impairment: can travel without support person, but only in a familiar area such as local shops, visiting a neighbour. Class 3 Moderate impairment: cannot travel away from own residence without support person. Problems may be due to excessive anxiety or cognitive impairment. Class 4 Severe impairment: finds it extremely uncomfortable to leave own residence even with trusted person. Class 5 Totally impaired: may require two or more persons to supervise when travelling.
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Table 11.4: Psychiatric impairment rating scale — Social functioning Class 1 No deficit, or minor deficit attributable to the normal variation in the general population: No difficulty in forming and sustaining relationships (eg, partner, close friendships lasting years). Class 2 Mild impairment: existing relationships strained. Tension and arguments with partner or close family member, loss of some friendships. Class 3 Moderate impairment: previously established relationships severely strained, evidenced by periods of separation or domestic violence. Spouse, relatives or community services looking after children. Class 4 Severe impairment: unable to form or sustain long term relationships. Pre-existing relationships ended (eg, lost partner, close friends). Unable to care for dependants (eg, own children, elderly parent). Class 5 Totally impaired: unable to function within society. Living away from populated areas, actively avoiding social contact.
Table 11.5: Psychiatric impairment rating scale — Concentration, persistence and pace Class 1 No deficit, or minor deficit attributable to the normal variation in the general population. Able to pass a TAFE or university course within normal time frame. Class 2 Mild impairment: can undertake a basic retraining course, or a standard course at a slower pace. Can focus on intellectually demanding tasks for periods of up to 30 minutes, then feels fatigued or develops headache. Class 3 Moderate impairment: unable to read more than newspaper articles. Finds it difficult to follow complex instructions (eg, operating manuals, building plans), make significant repairs to motor vehicle, type long documents, follow a pattern for making clothes, tapestry or knitting. Class 4 Severe impairment: can only read a few lines before losing concentration. Difficulties following simple instructions. Concentration deficits obvious even during brief conversation. Unable to live alone, or needs regular assistance from relatives or community services. Class 5 Totally impaired: needs constant supervision and assistance within institutional setting.
Table 11.6: Psychiatric impairment rating scale — Employability Class 1 No deficit, or minor deficit attributable to the normal variation in the general population. Able to work full time. Duties and performance are consistent with the injured worker’s education and training. The person is able to cope with the normal demands of the job. Class 2 Mild impairment. Able to work full time but in a different environment from that of the pre-injury job. The duties require comparable skill and intellect as those of the pre-injury job. Can work in the same position, but no more than 20 hours per week (eg, no longer happy to work with specific persons, or work in a specific location due to travel required). Class 3 Moderate impairment: cannot work at all in same position. Can perform less than 20 hours per week in a different position, which requires less skill or is qualitatively different (eg, less stressful). Class 4 Severe impairment: cannot work more than one or two days at a time, less than 20 hours per fortnight. Pace is reduced, attendance is erratic. Class 5 Totally impaired. Cannot work at all.
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Using the PIRS to measure impairment
11.14 Rating psychiatric impairment using the PIRS is a two-step procedure:
1. Determine the median class score.
2. Calculate the aggregate score.
Determining the median class score
11.15 Each area of function described in the PIRS is given an impairment rating which ranges from Class 1 to 5. The six scores are arranged in ascending order, using the standard form. The median is then calculated by averaging the two middle scores. Eg:
Example A: 1, 2, 3, 3, 4, 5 Median Class = 3 Example B: 1, 2, 2, 3, 3, 4 Median Class = 2.5 = 3* Example C: 1, 2, 3, 5, 5, 5 Median Class = 4 *If a score falls between two classes, it is rounded up to the next class. A median class score of 2.5 thus becomes 3.
11.16 The median class score method was chosen, as it is not influenced by extremes. Each area of function is assessed separately. While impairment in one area is neither equivalent nor interchangeable with impairment in other areas, the median seems the fairest way to translate different impairments onto a linear scale.
Median class score and percentage impairment
11.17 Each median class score represents a range of impairment, as shown below.
Class 1 = 0–3% Class 2 = 4–10% Class 3 = 11–30% Class 4 = 31–60% Class 5 = 61–100%
Calculation of the aggregate score
11.18 The aggregate score is used to determine an exact percentage of impairment within a particular Median Class range. The six class scores are added to give the aggregate score.
Use of the conversion table to arrive at percentage impairment
11.19 The aggregate score is converted to a percentage score using the conversion table.
11.20 The conversion table was developed to calculate the percentage impairment based on the aggregate and median scores.
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11.21 The scores within the conversion table are spread in such a way to ensure that the final percentage rating is consistent with the measurement of permanent impairment percentages for other body systems.
Table 11.7: Conversion table
Aggregate score
6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Class 1 0 0 1 1 2 2 2 3 3 Class 2 4 5 5 6 7 7 8 9 9 10 Class 3 11 13 1517 19 22 24 26 28 30 Class 4 31 34 37 41 44 47 50 54 57 60
% Impairment Class 5 61 65 70 74 78 83 8791 96 10
Conversion table — explanatory notes A. Distribution of aggregate scores The lowest aggregate score that can be obtained is: 1+1+1+1+1+1=6 The highest aggregate score is 5+5+5+5+5+5= 30 The table therefore has aggregate scores ranging from 6 to 30. Each Median Class score has an impairment range, and a range of possible aggregate scores (eg, Class 3 = 11–30%) The lowest aggregate score for Class 3 is 13 (1+1+2+3+3+3= 13) The highest aggregate score for Class 3 is 22. (3+3+3+3+5+5=22) The conversion table distributes the impairment percentages across aggregate scores
B. Same aggregate score in different classes The conversion table shows that the same aggregate score leads to different percentages of impairment in different median classes. For example, an aggregate score of 18 is equivalent to an impairment rating of 10% in Class 2, 22% in Class 3, 34% in Class 4. This is due to the fact that an injured worker whose impairment is in Median Class 2 is likely to have a lower score across most areas of function. They may be significantly impaired in one aspect of their life, such as travel, yet have low impairment in Social Function, Self-care or Concentration. Someone whose impairment reaches Median Class 4 will experience significant impairment across most aspects of his or her life.
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Examples: (Using the previous cases)
Example A
PIRS scores Median class
1 2 3 3 4 5 = 3
Aggregate score Total % Impairment 1 + 2 + 3 + 3 + 4 + 5 = 18 22%
Example B
PIRS scores Median class
1 2 2 3 3 4 = 3
Aggregate score Total % Impairment 1 + 2 + 2 + 3 + 3 + 4 = 15 15%
Example C
PIRS scores Median class
1 2 3 5 5 5 = 4
Aggregate score Total % Impairment 1 + 2 + 3 + 5 + 5 + 5 = 21 44%
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Table 11.8: PIRS rating form Name Claim reference number D.O.B. Age at time of injury Date of injury Occupation before injury Date of Marital status before assessment injury
Psychiatric 1. 2. diagnoses 3. 4. Psychiatric treatment Is impairment Yes No (Circle one) permanent?
PIRS category Class Reason for decision Self care and personal hygiene
Social and recreational activities
Travel
Social functioning
Concentration, persistence and pace
Employability
Score Median Class = Aggregate Score Total % + + + + + =
Impairment (%WPI) from table 11.7 Less pre existing impairment (if any) Final Impairment (%WPI)
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12 Haematopoietic system
AMA5 Chapter 9 applies to the assessment of permanent impairment of the haematopoietic system, subject to the modifications set out below.
Introduction
12.1 AMA5 Chapter 9 (pp 191–210) provides guidelines on the method of assessing permanent impairment of the haematopoietic system. Overall, that chapter should be followed when conducting the assessment, with variations indicated below.
12.2 Impairment of end organ function due to haematopoietic disorder should be assessed separately, using the relevant chapter of the WorkCover Guides. The percentage whole person impairment due to end organ impairment should be combined with any percentage whole person impairment due to haematopoietic disorder, using the Combined Values Table (AMA5, pp 604–606).
Anaemia
12.3 Table 12.1 (below) replaces AMA5 Table 9–2 (p 193).
Table 12.1: Classes of anaemia and percentage whole person impairment
Class 1: 0–10% WPI Class 2: 11–30% WPI Class 3: 31–70% WPI Class 4: 71–100% WPI No symptoms Minimal symptoms Moderate to marked Moderate to marked and and symptoms symptoms haemoglobin 100– haemoglobin 80– and and 120g/L 100g/L haemoglobin 50– haemoglobin 50– and and 80g/L before 80g/L before transfusion transfusion no transfusion no transfusion required required and and transfusion of 2 to 3 transfusion of 2 to 3 units required, every 4 units required, every 2 to 6 weeks weeks
12.4 The assessor should exercise clinical judgement in determining whole person impairment, using the criteria in Table 12.1. For example, if comorbidities exist which preclude transfusion, the assessor may assign Class 3 or Class 4, on the understanding that transfusion would under other circumstances be indicated. Similarly, there may be some claimants with Class 2 impairment who, because of comorbidity, may undergo transfusion.
12.5 Pre-transfusion haemoglobin levels in Table 12.1 are to be used as indications only. It is acknowledged that for some claimants, it would not be medically advisable to permit the claimant’s haemoglobin levels to be as low as indicated in the criteria of Table 12.1.
12.6 The assessor should indicate a percentage whole person impairment, as well as the Class.
Polycythaemia and myelofibrosis
12.7 The level of symptoms (as in Table 12.1) should be used a guide for the assessor in cases where non-anaemic tissue iron deficiency results from venesection.
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White blood cell diseases
12.8 In cases of functional asplenia, the assessor should assign 3% whole person impairment. This should be combined with any other impairment rating, using the Combined Values Table (AMA5, pp 604–606).
12.9 AMA5 Table 9–3 (p 200) should not be used for rating impairment due to HIV infection or auto immune deficiency disease. Section 67A (1) of the Workers Compensation Act 1987 indicates that HIV infection and AIDS are each considered to result in a degree of permanent impairment of 100%.
Haemorrhagic and platelet disorders
12.10 AMA5 Table 9–4 (p 203) is to be used as the basis for assessing haemorrhagic and platelet disorders.
12.11 For the purposes of these WorkCover Guides, the criteria for inclusion in Class 3 of AMA5 Table 9–4 (p 203) is:
Symptoms and signs of haemorrhagic and platelet abnormality and/or
Requires continuous treatment and
Interference with daily activities; requires occasional assistance.
12.12 For the purposes of these WorkCover Guides, the criteria for inclusion in Class 4 of Table 9–4 (p 203, AMA5) is:
Symptoms and signs of haemorrhagic and platelet abnormality and/or
Requires continuous treatment and
Difficulty performing daily activities; requires continuous care.
Thrombotic disorders
12.13 AMA5 Table 9–4 (p 203) is used as the basis for determining impairment due to thrombotic disorder.
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13 The endocrine system
AMA5 Chapter 10 applies to the assessment of permanent impairment of the endocrine system, subject to the modifications set out below.
Introduction
13.1 AMA5 Chapter 10 provides a useful summary of the methods for assessing permanent impairment arising from disorders of the endocrine system.
13.2 Refer to other chapters in AMA5 for related structural changes — the visual system (Chapter 12), the skin (eg, pigmentation — Chapter 8), the central and peripheral nervous system (memory, Chapter 13), the urinary and reproductive system (infertility, renal impairment, Chapter 7), the digestive system (dyspepsia, Chapter 6), the cardiovascular system (Chapters 3 and 4).
13.3 The clinical findings to support the impairment assessment are to be reported in the units recommended by the Royal College of Pathologists of Australia. (See Appendix 1 of this Chapter, p 68).
13.4 Westergren erythrocyte sedimentation rate (WSR) is equivalent to ESR.
Adrenal cortex
13.5 AMA5, p 222, first paragraph: disregard the last sentence, “They also affect inflammatory response, cell membrane permeability, and immunologic responses, and they play a role in the development and maintenance of secondary sexual characteristics.” Replace with: “Immunological and inflammatory responses are reduced by these hormones and they play a role in the development and maintenance of secondary sexual characteristics.”
13.6 AMA5 Example 10–18 (pp 224–225): see reference to ESR (13.4, above).
13.7 AMA5 Example 10–20 (p 225): History: For “hypnotic bladder” read “hypotonic bladder”.
Diabetes mellitus
13.8 AMA5, p 231: refer to the Australian Diabetes Association Guidelines with regard to levels of fasting glucose. (Position statement from the Australian Diabetes Society, reprinted in Appendix 2 to this chapter).
13.9 AMA5, p 231: insert at the end of the second paragraph: ‘The goal of treatment is to maintain haemoglobin A lc within 1% of the normal range (4%–6.3%)’.
Mammary glands
13.10 AMA5 Example 10–45 (p 239), Current Symptoms: Disregard the last sentence, “Both bromocriptine and cabergoline cause nausea, precluding use of either drug” and replace with: “Routine use of bromocriptine and cabergoline is normal in Australia. It is rare that nausea precludes their use.”
Criteria for rating permanent impairment due to metabolic bone disease
13.11 AMA5, p 240: Impairment due to a metabolic bone disease itself is unlikely to be associated with a work injury and would usually represent a pre-existing condition.
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13.12 Impairment from fracture, spinal collapse or other complications may arise as a result of a work injury associated with these underlying conditions (as noted in AMA5, Section 10.10c) and would be assessed using the other Chapters indicated, with the exception of Chapter 18 (Pain) which is excluded from the WorkCover Guides.
Appendix 13 .1: Interpretation of pathology tests
From Manual of Use and Interpretation of Pathology Tests, 3rd edition. Reprinted with kind permission of the Royal College of Pathologists of Australasia.
Reference ranges, plasma or serum, unless otherwise indicated Alanine aminotransferase (adult) < 35 U/L (ALT) Albumin (adult) 32–45 g/L Alkaline phosphatase (ALP) (adult, non-pregnant) 25–100 U/L Alpha fetoprotein (adult, non-pregnant) < 10 g/L Alpha-1-antitrypsin 1.7–3.4 g/L Anion gap 8–16 mmol/L Aspartate aminotransferase < 40 U/L (AST)
Bicarbonate (total CO2) 22–32 mmol/L Bilirubin (total) (adult) < 20 μmol/L Calcium (total) 2.10–2.60 mmol/L (ionised) 1.17–1.30 mmol/L Chloride 95–110 mmol/L Cholesterol (HDL) (male) 0.9–2.0 mmol/L (female) 1.0–2.2 mmol/L Cholesterol (total) < 5.5 mmol/L (National Heart Foundation [Australia] recommendation) Copper 13–22 μmol/L Creatine kinase (CK) (male) 60–220 U/L (female) 30–180 U/L Creatinine (adult male) 0.06–0.12 mmol/L (adult female) 0.05–0.11 mmol/L Gamma glutamyl transferase (male) < 50 U/L (GGT) (female) < 30 U/L Globulin adult 25–35g/L Glucose (venous plasma) - 3.0–5.4 mmol/L (fasting) (venous plasma) - 3.0–7.7 mmol/L (random) Lactate dehydrogenase (LD) (adult) 110–230 U/L Magnesium (adult) 0.8–1.0 mmol/L Osmolality (adult) 280–300 m.osmoll/kg water
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Reference ranges, plasma or serum, unless otherwise indicated (continued) pCO2 (arterial blood) 4.6–6.0 kPa (35–45 mmHg) PH (arterial blood) 7.36–7.44 (36–44 nmol/L) Phosphate 0.8–1.5 mmol/L pO2 (arterial blood) 11.0–13.5 kPa (80–100 mmHg) Potassium (plasma) 3.4–4.5 mmol/L (serum) 3.8–4.9 mmol/L Prolactin (male) 150–500 mU/L (female) 0–750 mU/L Protein, total (adult) 62–80 g/L Sodium 135–145 mmol/L Testosterone and related See Table A (below) androgens
Therapeutic intervals Amitriptyline 150–900 nmol/L 60–250 μg/L Carbamazepine 20–40 μmol/L 6–12 mg/L Digoxin 0.6–2.3 nmol/L 0.5–1.8 μg/L Lithium 0.6–1.2 mmol/L Nortriptyline 200–650 nmol/L 50–170 μg/L Phenobarbitone 65–170 μmol/L 15–40 mg/L Phenytoin 40–80 μmol/L 10–20 mg/L Primidone 22–50 μmol/L 4.8–11.0 mg/L Procainamide 17–42 μmol/L 4–10 mg/L Quinidine 7–15 μmol/L 2.3–4.8 mg/L Salicylate 1.0–2.5 mmol/L 140–350 mg/L Theophylline 55–110 μmol/L 10–20 mg/L Valproate 350–700 μmol/L 50–100 mg/L Thyroid stimulating hormone 0.4–5.0 mIU/L (TSH) Thyroxine (free) 10–25 pmol/L Triglycerides (fasting) < 2.0 mmol/L Triiodothyronine (free) 4.0–8.0 pmol/L Urate (male) 0.20–0.45 mmol/L (female) 0.15–0.40 mmol/L Urea (adult) 3.0–8.0 mmol/L Zinc 12–20 μmol/L
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Table A: Reference intervals for testosterone and related androgens (serum) Male Female Pre- Adult (age Pre- Adult (age pubertal related) pubertal related) Free testosterone 170–510 < 4.0 (pmol/L) Total testosterone < 0.5 8–35 < 0.5 < 4.0 (nmol/L) SHBG (nmol/L) 55–100 10–50 55–100 30–90 (250– 500 in the 3rd trimester) Dihydrotestosterone 1–2.5 (nmol/L)
Reference ranges, urine Calcium 2.5–7.5 mmol/24 hours Chloride (depends on intake, plasma 100–250 mmol/24 hours levels) Cortisol (free) 100–300 nmol/24 hours Creatinine (child) 0.07–0.19 mmol/24 hours/kg (male) 9–18 mmol/24 hours (female) 5–16 mmol/24 hours HMMA (infant) < 10 mmol/mol creatinine (adult) < 35 μmol/24 hours Magnesium 2.5–8.0 mmol/24 hours Osmolality (depends on hydration) 50–1200 m.osmol/kg water Phosphate (depends on intake, 10–40 mmol/24 hours plasma levels) Potassium (depends on intake, 40–100 mmol/24 hours plasma levels) Protein, total < 150 mg/24 hours (pregnancy) < 250 mg/24 hours Sodium (depends on intake, plasma 75–300 mmol/24 hours levels) Urate (male) 2.2–6.6 mmol/24 hours (female) 1.6–5.6 mmol/24 hours Urea (depends on protein intake) 420–720 mmol/24 hours
Reference ranges, whole blood Haemoglobin (Hb) (adult male) 130–180 g/L (adult female) 115–165 g/L Red cell count (RCC) (adult male) 4.5–6.5 x 1012/L (adult female) 3.8–5.8 x 1012/L Packed cell volume (PCV) (adult male) 0.40–0.54 (adult female) 0.37–0.47 Mean cell volume (MCV) 80–100 fL Mean cell haemoglobin (MCH) 27–32 pg Mean cell haemoglobin concentration 300–350 g/L (MCHC)
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Leucocyte (White Cell) Count (WCC) 4.0–11.0 x 109/L Leucocyte differential count – Neutrophils 2.0–7.5 x 109/L – Eosinophils 0.04–0.4 x 109/L – Basophils < 0.1 x 109/L – Monocytes 0.2–0.8 x 109/L – Lymphocytes 1.5–4.0 x 109/L Platelet count 150–400 x 109/L Erythrocyte sedimentation rate (ESR) male 17–50 yrs 1–10 mm/hour male >50 yrs 2–14 mm/hour female 17–50 yrs 3–12 mm/hour female >50 yrs 5–20 mm/hour Reticulocyte count 10–100 x 109/L (0.2–2.0%)
Reference ranges, plasma or serum, unless otherwise indicated Iron (adult) 10–30 μmol/L Iron (total) binding capacity (TIBC) 45–80 μmol/L Transferrin 1.7–3.0 g/L Transferrin saturation 0.15–0.45 (15–45%) Ferritin (male) 30–300 μg/L (female) 15–200 μg/L Vitamin B12 120–680 pmol/L Folate (red cell) 360–1400 nmol/L (serum) 7–45 nmol/L
Reference ranges, citrated plasma Activated partial thromboplastin time (APTT) 25–35 seconds – Therapeutic range for continuous infusion heparin 1.5–2.5 x baseline Prothrombin time (PT) 11–15 seconds International normalised ratio (INR) – Therapeutic range for oral anticoagulant therapy 2.0–4.5 Fibrinogen 1.5–4.0 g/L
Reference ranges, serum Rheumatoid factor (nephelometry) < 30 IU/L C3 0.9–1.8 g/L C4 0.16–0.50 g/L C-reactive protein < 5.0 mg/L Immunoglobulins: IgG 6.5–16.0g/L IgA 0.6–4.0g/L IgM 0.5–3.0g/L
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Reference intervals for lymphocyte subsets Adult Total lymphocytes 1.5–4.0 CD3 0.6–2.4 CD4 (T4) 0.5–1.4 CD8 (T8) 0.2–0.7 CD19 0.04–0.5 CD16 0.2–0.4 CD4/CD8 ratio 1.0–3.2
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Appendix 13.2: New classification and criteria for diagnosis of diabetes mellitus
Position Statement from the Australian Diabetes Society,* New Zealand Society for the Study of Diabetes,† Royal College of Pathologists of Australasia‡ and Australasian Association of Clinical Biochemists§
Peter G Colman,* David W Thomas,‡ Paul Z Zimmet,* Timothy A Welborn,* Peter Garcia- Webb§ and M Peter Moore†
First published in the Medical Journal of Australia (MJA 1999; 170: 375–378). Reprinted with permission. Key messages Diagnosis of diabetes is not in doubt when Introduction there are classical symptoms of thirst and Recently, there has been major growth in polyuria and a random venous plasma knowledge about the aetiology and glucose level 11.1 mmol/L. pathogenesis of different types of diabetes and The Australasian Working Party on about the predictive value of different blood Diagnostic Criteria for Diabetes Mellitus glucose levels for development of recommends: complications. In response, both the American x Immediate adoption of the new criterion Diabetes Association (ADA) and the World for diagnosis of diabetes as proposed by Health Organization (WHO) have re-examined, the American Diabetes Association redefined and updated the classification of and (ADA) and the World Health criteria for diabetes, which have been Organization (WHO) — fasting venous unchanged since 1985. While the two working plasma glucose level 7.0 mmol/L; parties had cross-representation, they met x Immediate adoption of the new separately, and differences have emerged classification for diabetes mellitus between their recommendations. proposed by the ADA and WHO, which comprises four aetiological types — type 1, type 2, other specific types, and The ADA published its final recommendations 1 gestational diabetes — with impaired in 1997, while the WHO group published its glucose tolerance and impaired fasting provisional conclusions for consultation and glycaemia as stages in the natural 2 comment in June 1998. history of disordered carbohydrate metabolism. The WHO process called for comments on the x Awareness that some cases of proposal by the end of September 1998, with diabetes will be missed unless an oral the intention of finalising definitive classification glucose tolerance test (OGTT) is and criteria by the end of December 1998 and performed. If there is any suspicion or of publishing these soon thereafter. However, other risk factor suggesting glucose WHO publications need to go through an intolerance, the OGTT should continue internal approval process and it may be up to to be used pending the final WHO 12 months before the final WHO document recommendation. appears.
A combined working party of the Australian Diabetes Society, New Zealand Society for the Study of Diabetes, Royal College of Pathologists of Australasia and Australasian Association of Clinical Biochemists was formed to formulate an Australasian position on the two sets of recommendations and, in particular, on the differences between them. This is an interim statement pending the final WHO report, which will include recommendations on diabetes classification as well as criteria for diagnosis. We see it as very important to inform Australasian health professionals treating patients with diabetes about these changes.
What are the new diagnostic criteria?
The new WHO criteria for diagnosis of diabetes mellitus and hyperglycaemia are shown in Box 1. The major change from the previous WHO recommendation3 is the lowering of the
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diagnostic level of fasting plasma glucose to 7.0 mmol/L, from the former level of 7.8 mmol/L. For whole blood, the proposed new level is 6.1 mmol/L, from the former 6.7 mmol/L.
This change is based primarily on cross-sectional studies demonstrating the presence of microvascular4 and macrovascular complications5 at these lower glucose concentrations. In addition, the 1985 WHO diagnostic criterion for diabetes based on fasting plasma glucose level (7.8 mmol/L) represents a greater degree of hyperglycaemia than the criterion based on plasma glucose level two hours after a 75 g glucose load (11.1 mmol/L).6 A fasting plasma glucose level of 7 mmol/L accords more closely with this 2 h post-glucose level.
Recommendation: The ADA and the WHO committee are unanimous in adopting the changed diagnostic level, and the Australasian Working Party on Diagnostic Criteria recommends that healthcare providers in Australia and New Zealand should adopt it immediately.
Clinicians should note that the diagnostic criteria differ between clinical and epidemiological settings. In clinical practice, when symptoms are typical of diabetes, a single fasting plasma glucose level of 7.0 mmol/L or 2 h post-glucose or casual postprandial plasma glucose level of 11.1 mmol/L suffices for diagnosis. If there are no symptoms, or symptoms are equivocal, at least one additional glucose measurement (preferably fasting) on a different day with a value in the diabetic range is necessary to confirm the diagnosis. Furthermore,
1: Values for diagnosis of diabetes mellitus and other categories of hyperglycaemia2
Glucose concentration (mmol/L [mg/dL])
Whole blood Plasma
Venous Capillary Venous Capillary Diabetes mellitus Fasting 6.1 ( 110) 6.1 ( 110) 7.0 ( 126) 7.0 ( 126) or 2 h post-glucose load 10.0 ( 180) 11.1 ( 200) 11.1 ( 200) 12.2 ( 220) or both Impaired glucose tolerance (IGT) Fasting (if measured) < 6.1 (< 110) < 6.1 (< 110) < 7.0 (< 126) < 7.0 (< 126) and 2 h post-glucose 6.7 ( 120) and < 7.8 ( 140) and < 7.8 ( 140) and < 8.9 ( 160) and load 10.0 (< 180) 11.1 (< 200) 11.1 (< 200) < 12.2 (< 220) Impaired fasting glycaemia (IFG) Fasting 5.6 ( 100) and < 5.6 ( 100) and < 6.1 ( 110) and < 6.1 ( 110) and < 6.1 (< 110) 6.1 (< 110) 7.0 (< 126) 7.0 (< 126) 2 h post-glucose load < 6.7 (< 120) < 7.8 (< 140) < 7.8 (< 140) < 8.9 (< 160) (if measured)
For epidemiological or population screening purposes, the fasting or 2 h value after 75 g oral glucose may be used alone. For clinical purposes, the diagnosis of diabetes should always be confirmed by repeating the test on another day, unless there is unequivocal hyperglycaemia with acute metabolic decompensation or obvious symptoms. Glucose concentrations should not be determined on serum unless red cells are immediately removed, otherwise glycolysis will result in an unpredictable underestimation of the true concentrations. It should be stressed that glucose preservatives do not totally prevent glycolysis. If whole blood is used, the sample should be kept at 0–4oC or centrifuged immediately, or assayed immediately. Table reproduced with permission from Alberti KGMM, Zimmet PZ. Definition, diagnosis and classification of diabetes mellitus and its complications. Part 1: diagnosis and classification of diabetes mellitus. Provisional Report of a WHO Consultation. Diabet Med 1998; 15: 539–553. Copyright John Wiley & Sons Limited.
severe hyperglycaemia detected under conditions of acute infective, traumatic, circulatory or other stress may be transitory and should not be regarded as diagnostic of diabetes. The situation should be reviewed when the primary condition has stabilised.
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2: Aetiological classification of In epidemiological settings, for study of high- disorders of glycaemia* prevalence populations or selective screening of high-risk individuals, a single measure — Type 1 (E-cell destruction, usually leading to the glucose-level 2 h post-glucose load — absolute insulin deficiency) will suffice to describe prevalence of impaired Autoimmune glucose tolerance (IGT). Idiopathic Type 2 (may range from predominantly insulin What about the oral glucose tolerance resistance with relative insulin deficiency to a test? predominantly secretory defect with or without insulin resistance) Previously, the oral glucose tolerance test Other specific types (OGTT) was recommended in people with a Genetic defects of E-cell function fasting plasma glucose level of 5.5–7.7 Genetic defects in insulin action mmol/L or random plasma glucose level of Diseases of the exocrine pancreas Endocrinopathies 7.8–11.0 mmol/L. After a 75 g glucose load, Drug or chemical induced those with a 2 h plasma glucose level of < 7.8 Infections mmol/L were classified as normoglycaemic, of Uncommon forms of immune-mediated 7.8–11.0 mmol/L as having IGT and of 11.1 diabetes Other genetic syndromes sometimes mmol/L as having diabetes. associated with diabetes The new diagnostic criteria proposed by the Gestational diabetes ADA and WHO differ in their * As additional subtypes are discovered, it is anticipated they will recommendations on use of the OGTT. The be reclassified within their own specific category. Includes the ADA makes a strong recommendation that former categories of gestational impaired glucose tolerance and gestational diabetes. Table reproduced with permission from fasting plasma glucose level can be used on Alberti KGMM, Zimmet PZ. Definition, diagnosis and classification of diabetes mellitus and its complications. Part 1: diagnosis and its own and that, in general, the OGTT need classification of diabetes mellitus. Provisional Report of a WHO not be used.1 The WHO group2 argues Consultation. Diabet Med 1998; 15: 539-553. Copyright John Wiley & Sons Limited. strongly for the retention of the OGTT and suggests using fasting plasma glucose level alone only when circumstances prevent the performance of the OGTT.
There are concerns that many people with a fasting plasma glucose level < 7.0 mmol/L will have manifestly abnormal results on the OGTT and are at risk of microvascular and macrovascular complications. This has major ramifications for the approach to diabetes screening, particularly when the Australian National Diabetes Strategy proposal,7 launched in June 1998 by Dr Michael Wooldridge, then Federal Minister for Health and Aged Care, has early detection of type 2 diabetes as a key priority.
Recommendation: The Australasian Working Party on Diagnostic Criteria has major concerns about discontinuing use of the OGTT and recommends that a formal recommendation on its use in diabetes screening be withheld until the final WHO recommendation is made. However, in the interim, the OGTT should continue to be used.
Diabetes in pregnancy
The ADA has retained its old criteria for diagnosis of gestational diabetes.1 These differ from those recommended by both WHO2 and the Australian Working Party on Diabetes in Pregnancy8 and are generally not recognised outside the United States. The new WHO statement retains the 1985 WHO recommendation that both IGT and diabetes should be classified as gestational diabetes. This is consistent with the recommendations of the Australasian Diabetes in Pregnancy Society, which recommended a diagnostic 2 h venous plasma glucose level on the OGTT of 8.0 mmol/L. In New Zealand, a cut-off level of 9.0 mmol/L has been applied.8
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How has the classification of diabetes changed?
The proposed new classification encompasses both clinical stages and aetiological types of hyperglycaemia and is supported by numerous epidemiological studies. The classification by aetiological type (Box 2) results from new knowledge of the causes of hyperglycaemia, including diabetes. The terms insulin-dependent and non-insulin-dependent diabetes (IDDM and NIDDM) are eliminated and the terms type 1 and type 2 diabetes retained. Other aetiological types, such as diabetes arising from genetic defects of E-cell function or insulin action, are grouped as “other specific types”, with gestational diabetes as a fourth category.
The proposed staging (Box 3) reflects the fact that any aetiological type of diabetes can pass or progress through several clinical phases (both asymptomatic and symptomatic) during its natural history. Moreover, individuals may move in either direction between stages.
Impaired glucose tolerance and impaired fasting glycaemia
Impaired glucose tolerance (IGT), a discrete class in the previous classification, is now categorised as a stage in the natural history of disordered carbohydrate metabolism. Individuals with IGT are at increased risk of cardiovascular disease, and not all will be identified by fasting glucose level.
In reducing the use of the OGTT, the ADA recommended a new category — impaired fasting glycaemia (IFG) — when fasting plasma glucose level is lower than that required to diagnose diabetes but higher than the reference range (< 7.0 mmol/L but 6.1 mmol/L). Limited data on this category show that it increases both risk of progressing to diabetes9 and cardiovascular risk.5 However, data are as yet insufficient to determine whether IFG has the same status as IGT as a risk factor for developing diabetes and cardiovascular disease and as strong an association with the metabolic syndrome (insulin resistance syndrome).
IFG can be diagnosed by fasting glucose level alone, but if 2 h glucose level is also measured some individuals with IFG will have IGT and some may have diabetes. In addition, the number of people with OGTT results indicating diabetes but fasting plasma glucose level < 7.0 mmol/L is unknown, but early data suggest there may be major variation across
different populations.10 A number of studies, including the DECODE initiative of the European Diabetes Epidemiology Group, have reported that individuals classified with IFG are not the same as the IGT group.11-15 The European Group believes that, on available
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European evidence, the ADA decision to rely solely on fasting glucose level would be unwise.
Recommendation: The Australasian Working Party on Diagnostic Criteria recommends immediate adoption of the new classification. However, clinicians should be aware that some cases of diabetes will be missed unless an OGTT is performed. Thus, if there is any suspicion or other risk factor suggesting glucose intolerance, the working party continues to recommend use of an OGTT pending the final WHO recommendation.
References 1. Expert Committee on the Diagnosis and Classification of Diabetes Mellitus. Report of the Expert Committee on the Diagnosis and Classification of Diabetes Mellitus. Diabetes Care 1997; 20: 1183-1197. 2. Alberti KGMM, Zimmet PZ. Definition, diagnosis and classification of diabetes mellitus and its complications. Part 1: diagnosis and classification of diabetes mellitus. Provisional Report of a WHO Consultation. Diabet Med 1998; 15: 539-553. 3. World Health Organization. Diabetes mellitus. Report of a WHO study group. Technical report series 727. Geneva: WHO, 1985. 4. McCance DR, Hanson RL, Charles MA, et al. Comparison of tests for glycated haemoglobin and fasting and two hour plasma glucose concentrations as diagnostic methods for diabetes. BMJ 1994; 308: 1323-1328. 5. Charles MA, Balkau B, Vauzelle-Kervoeden F, et al. Revision of diagnostic criteria for diabetes [letter]. Lancet 1996; 348: 1657-1658. 6. Finch CF, Zimmet PZ, Alberti KGMM. Determining diabetes prevalence: a rational basis for the use of fasting plasma glucose concentrations? Diabet Med 1990; 7: 603-610. 7. Colagiuri S, Colagiuri R, Ward J. National diabetes strategy and implementation plan. Canberra: Diabetes Australia, 1998. 8. Hoffman L, Nolan C, Wilson D, et al. Gestational diabetes mellitus -- management guidelines. The Australasian Diabetes in Pregnancy Society. Med J Aust 1998; 169: 93-97. 9. Charles MA, Fontbonne A, Thibult N, et al. Risk factors for NIDDM in white population. Diabetes 1991; 40: 796-799. 10. Keen H. Impact of new criteria for diabetes on pattern of disease. Lancet 1998; 352: 1000- 1001. 11. DECODE Study Group on behalf of the European Diabetes Epidemiology Study Group. Will new diagnostic criteria for diabetes mellitus change phenotype of patients with diabetes? Reanalysis of European epidemiological data. BMJ 1998; 317: 371-375. 12. De Vegt F, Dekker JM, Stehouwer CDA, et al. The 1997 American Diabetes Association criteria versus the 1985 World Health Organization criteria for the diagnosis of abnormal glucose tolerance. Diabetes Care 1998; 21: 1686-1690. 13. Harris MI, Eastman RC, Cowie CC, et al. Comparison of diabetes diagnostic categories in the US population according to 1997 American Diabetes Association and 1980-1985 World Health Organization diagnostic criteria. Diabetes Care 1997; 20: 1859-1862. 14. Unwin N, Alberti KGMM, Bhopal R, et al. Comparison of the current WHO and new ADA criteria for the diagnosis of diabetes mellitus in three ethnic groups in the UK. Diabet Med 1998; 15: 554-557. 15. Chang C-J, Wu J-S, Lu F-H, Lee H-L, et al. Fasting plasma glucose in screening for diabetes in the Taiwanese population. Diabetes Care 1998; 21: 1856-1860.
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14 The skin
AMA5 Chapter 8 applies to the assessment of permanent impairment of the skin, subject to the modifications set out below.
14.1 AMA5 Chapter 8 (pp 173–190) refers to skin diseases generally rather than work- related skin diseases alone. This Chapter has been adopted for measuring impairment of the skin system, with the following variations.
14.2 Disfigurement, scars and skin grafts may be assessed as causing significant permanent impairment when the skin condition causes limitation in the performance of activities of daily living (ADL).
14.3 For cases of facial disfigurement, refer to Table 6.1 in the WorkCover Guides (p 35).
14.4 AMA5 Table 8–2 (p 178) provides the method of classification of impairment due to skin disorders. Three components — signs and symptoms of skin disorder, limitations in activities of daily living and requirements for treatment — define five classes of permanent impairment. The assessing specialist should derive a specific percentage impairment within the range for the class that best describes the clinical status of the claimant.
14.5 The skin is regarded as a single organ and all non-facial scarring is measured together as one overall impairment rather than assessing individual scars separately and combining the results.
14.6 A scar may be present and rated as 0% whole person impairment.
14.7 The Table for the Evaluation of Minor Skin Impairment (TEMSKI) (See Table 14.1) is an extension of Table 8-2 in AMA5. The TEMSKI divides Class 1 of Permanent Impairment (0-9%) due to skin disorders into 5 categories of impairment. The TEMSKI may be used by trained assessors (who are not trained in the skin body system), for determining impairment from 0 – 4% in the Class 1 category, that has been caused by minor scarring following surgery. Impairment greater than 4% must be assessed by a specialist who has undertaken the requisite training in the assessment of the skin body system.
14.8 The TEMSKI is to be used in accordance with the principle of ‘best fit’. The assessor must be satisfied that the criteria within the chosen category of impairment best reflect the skin disorder being assessed. The skin disorder should meet most, but does not need to meet all, of the criteria within the impairment category in order to satisfy the principle of ‘best fit’. The assessor must provide detailed reasons as to why this category has been chosen over other categories.
14.9 Where there is a range of values in the TEMSKI categories, the assessor should use clinical judgement to determine the exact impairment value.
14.10 The case examples provided in AMA5 Chapter 8 do not, in most cases, relate to permanent impairment that results from a work-related injury. The following New South Wales examples are provided for information.
14.11 Work-related case study examples 14.1, 14.2, 14.3, 14.4, 14.5, 14.6 are included below, in addition to AMA5 Examples 8.1–8.22 (pp 178–187).
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79 AND restriction in INCLUDING INCLUDING best fits (or 5 - 9% WPI* 5 - 9% Claimant is conscious of the scar(s) or skin condition of scar(s) of Distinct colour contrast surrounding skin skin condition with as a result of pigmentary or other changes locate the Claimant is able to easily scar(s) or skin condition Trophic changes are visible staple or sutureAny marks are visible clearly of the scar(s) or Anatomic location and clearly usually skin condition is usual clothing/hairstyle with visible visible Contour defect easily Limitation in the performance of few ADL ( grooming or dressing) exposure to chemical or physical agents (for example, sunlight, heat, temporarily cold etc.) may increase limitation or restriction. No treatment, or intermittent treatment only, required Some adherence
AND articular impairment category. articular impairment category. Claimant is conscious of the scar(s) or skin condition identifiable colour contrast Easily of scar(s) or skin condition with surrounding skin as a result of pigmentary or other changes. locate Claimant is able to easily the scar(s) or skin condition. Trophic changes evident to touch staple or sutureAny marks are visible clearly of the scar(s) Anatomic location or skin condition usual is visible with clothing/hairstyle. Minor limitation in the performance of few ADL exposure to chemical or physical agents (for example, sunlight, heat, cold etc.) temporarily increasemay limitation. No treatment, or intermittent treatment only, required 3 - 4% WPI 3 - 4% Some adherence Claimant is conscious of the scar(s) or skin condition Noticeable colour contrast of scar(s) or skin condition with surrounding skin as a result of pigmentary or other changes. locate Claimant is able to easily the scar(s) or skin condition Trophic changes evident to touch staple or sutureAny marks are visible clearly of the scar(s) Anatomic location or skin condition usual with visible is usually clothing/hairstyle. Minor limitation in the performance of few ADL. No treatment, or intermittent treatment only, required 2% WPI 2% No adherence 1% WPI 1% Claimant is conscious of the scar(s) or skin condition Some parts of the scar(s) or contrast skin condition colour the with surrounding skin as a result of pigmentary or other changes. Claimant is able to locate the scar(s) or skin condition Minimal trophic changes staple or sutureAny marks are visible of the scar(s) Anatomic location or skin condition usual visible with is not usually clothing/hairstyle. ADL.Negligible effect on any No treatment, or intermittent treatment only, required No adherence You should assess the impairment to the againstwhole skin system each criteria and then determine impairment which category 0% WPI 0% Claimant is not conscious or conscious of the scar(s) barely or skin condition Good colour match with surrounding skin and the scar(s) is barely or skin condition is distinguishable.Claimant locate the unable to easily scar(s) or skin condition No trophic changes staple or sutureAny marks are visible barely of the scar(s) Anatomic location or skin condition usual with visible not clearly clothing/hairstyle No effect on any ADL. No treatment, or intermittent treatment only, required No adherence
No contour defect Minor contour defect Contour defect visible Contour visible defect easily Table 14.1 Table for the Evaluation of Minor Skin Impairment (TEMSKI) Evaluation for the Table 14.1 Criteria Descriptionscar(s) of the and/or skin condition(s) (shape, texture, colour) Location Contour / Treatment ADL underlyingAdherence to structures This table uses the principle of ‘best fit’. describes) the impairment. A skin impairment will usually meet most, but does not need to meet all, criteria to ‘best fit’ a p to ‘best fit’ meet most,not need to all, criteria but does usually will describes) the impairment. A skin impairment
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Example 14.1: Cumulative irritant dermatitis
Subject: 42-year-old man.
History: Spray painter working on ships in dry dock. Not required to prepare surface but required to mix paints (including epoxy and polyurethane) with “thinners” (solvents) and spray metal ships’ surface. At end of each session, required to clean equipment with solvent. Not supplied with gloves or other personal protective equipment until after onset of symptoms. Gradual increase in severity in spite of commencing to wear gloves. Off work two months leading to clearance, but frequent recurrence, especially if the subject attempted prolonged work wearing latex or PVC gloves or wet work without gloves.
Current: Returned to dry duties only at work. Mostly clear of dermatitis, but flares.
Physical examination: Varies between no abnormality detected to mild dermatitis of the dorsum of hands.
Investigations: Patch test standard + epoxy + isocyanates (polyurethanes). No reactions.
Impairment: 0%.
Comment: No interference with activities of daily living (ADL).
Example 14.2: Allergic contact dermatitis to hair dye
Subject: 30-year-old woman.
History: Hairdresser 15 years, with six month history of hand dermatitis, increasing despite beginning to wear latex gloves after onset. Dermatitis settled to very mild after four weeks off work, but not clear. As the condition flared whenever the subject returned to hairdressing, she ceased and is now a computer operator.
Current: Mild continuing dermatitis of the hands which flares when doing wet work (without gloves) or when wears latex or PVC gloves. Has three young children and impossible to avoid wet work.
Investigation: Patch test standard + hairdressing series. Possible reaction to paraphenylene diamine.
Impairment: 5%.
Comment: Able to carry out ADL with difficulty, therefore limited performance of some ADL.
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Example 14.3: “Cement dermatitis” due to chromate in cement
Subject: 43-year-old man.
History: Concreter since age 16. Eighteen month history of increasing hand dermatitis eventually on dorsal and palmar surface of hands and fingers. Off work and treatment led to limited improvement only.
Physical examination: Fissured skin, hyperkeratotic chronic dermatitis.
Investigation: Patch test. Positive reaction to dichromate.
Current: Intractable, chronic, fissured dermatitis.
Impairment: 12%.
Comment: Unable to obtain any employment because has chronic dermatitis and on disability support pension. Difficulty gripping items including steering wheel, hammer and other tools. Unable to do any wet work, (eg, painting). Former home handyman, now calls in tradesman to do any repairs and maintenance. Limited performance in some ADL.
Example 14.4: Latex contact urticaria/angioedema with cross reactions
Subject: Female nurse, age 40.
History: Six month history of itchy hands minutes after applying latex gloves at work. Later swelling and redness associated with itchy hands and wrists and subsequently widespread urticaria. One week off led to immediate clearance. On return to work wearing PVC gloves, developed anaphylaxis on first day back.
Physical examination: No abnormality detected or generalised urticaria/angioedema.
Investigation: Latex radioallergosorbent test, strong positive response.
Current: The subject experiences urticaria and mild anaphylaxis if she enters a hospital, some supermarkets or other stores (especially if latex items are stocked), at children’s parties or in other situations where balloons are present, or on inadvertent contact with latex items including sport goods handles, some clothing, and many shoes (latex based glues). Also has restricted diet (must avoid bananas, avocados and kiwi fruit).
Impairment: 17%
Comment: Severe limitation in some ADL in spite of intermittent activity.
Example 14.5: Non-melanoma skin cancer
Subject: 53-year-old married man.
History: “Road worker” since 17 years of age. Has had a basal cell carcinoma on the left forehead, squamous cell carcinoma on the right forehead (graft),
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basal cell carcinoma on the left ear (wedge resection) and squamous cell carcinoma on the lower lip (wedge resection) excised since 45 years of age. No history of loco-regional recurrences. Multiple actinic keratoses treated with cryotherapy or Efudix over 20 years (forearms, dorsum of hands, head and neck).
Current: New lesion right preauricular area. Concerned over appearance “I look a mess.”
Physical examination: Multiple actinic keratoses forearms, dorsum of hands, head and neck. Five millimetre diameter nodular basal cell carcinoma right preauricular area, hypertrophic red scar 3 cm length left forehead, 2 cm diameter graft site (hypopigmented with 2 mm contour deformity) right temple, non-hypertrophic scar left lower lip (vermilion) with slight step deformity and non-hypertrophic pale wedge resection scar left pinna leading to 30% reduction in size of the pinna. Graft sites taken from right post auricular area. No regional lymphadenopathy.
Impairment rating: 6%
Comment: Refer to Table 6.1 (facial disfigurement), p 35.
Example 14.6: Non-melanoma skin cancer
Subject: 35-year-old single female professional surf life-saver.
History: Occupational outdoor exposure since 19 years of age. Basal cell carcinoma on tip of nose excised three years ago with full thickness graft following failed intralesional interferon treatment.
Current: Poor self esteem because of cosmetic result of surgery.
Physical examination: One centimetre diameter graft site on the tip of nose (hypopigmented with 2 mm depth contour deformity, cartilage not involved). Graft site taken from right post-auricular area.
Impairment rating: 10%
Comment: Refer to Table 6.1 (facial disfigurement), p 35.
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15 Cardiovascular system
AMA5 Chapters 3 and 4 apply to the assessment of permanent impairment of the cardiovascular system, subject to the modifications set out below.
Introduction
15.1 The cardiovascular system is discussed in AMA5 Chapters 3 (Heart and Aorta) and 4 (Systemic and Pulmonary Arteries) (pp 25–85). These Chapters can be used to assess permanent impairment of the cardiovascular system with the following minor modifications.
15.2 It is noted that in this chapter there are wide ranges for the impairment values in each category. When conducting a WorkCover assessment, assessors should use their clinical judgement to express a specific percentage within the range suggested.
Exercise stress testing
15.3 As with other investigations, it is not the role of a WorkCover medical assessor to order exercise stress tests purely for the purpose of evaluating the extent of permanent impairment.
15.4 If exercise stress testing is available, then it is a useful piece of information in arriving at the overall percentage impairment.
15.5 If previous investigations are inadequate for a proper assessment to be made, the Medical Assessor should consider the value of proceeding with the evaluation of permanent impairment without adequate investigations and data (see Chapter 1, p 9 — Ordering of additional investigations).
Permanent impairment — maximum medical improvement
15.6 As for all assessments, maximal medical improvement is considered to have occurred when the worker’s condition has been medically stable for the previous three months, and is unlikely to change substantially in the next 12 months without further medical treatment.
Vascular diseases affecting the extremities
15.7 Note that in this section, AMA5 Table 4–4 and Table 4–5 (p 76) refer to percentage impairment of the upper or lower extremity. Therefore, an assessment of impairment concerning vascular impairment of the arm or leg requires that the percentages identified in Tables 4–4 and 4–5 be converted to whole person impairment. The table for conversion of the upper extremity is AMA5 Table 16–3 (p 439) and the table for conversion of the lower extremity is AMA5 Table 17–3 (p 527).
Thoracic outlet syndrome
15.8 Impairment due to thoracic outlet syndrome is assessed according to AMA5 Chapter 16, The Upper Extremities and WorkCover Guides, Chapter 2 (p 12).
Effect of medical treatment
15.9 If the claimant has been offered, but refused, additional or alternative medical treatment which the medical assessor considers is likely to improve the claimant’s condition, the assessor should evaluate the current condition, without consideration for potential changes associated with the proposed treatment. The assessor may note the potential for
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improvement in the claimant’s condition in the evaluation report, and the reason for refusal by the claimant, but should not adjust the level of impairment on the basis of the worker’s decision (Chapter 1, Permanent impairment — maximum medical improvement, p 6).
Future deterioration
15.10 If a medical assessor forms the opinion that the claimant’s condition is stable in the foreseeable future, but expected to deteriorate in the longer term, the assessor should make no allowance for deterioration, but note its likelihood in the evaluation report. Where the claimant’s condition suffers long term deterioration, the claimant may reapply for further evaluation of the condition at a later time.
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16 Digestive system
AMA5 Chapter 6 applies to the management of permanent impairment of the digestive system.
16.1 The digestive system is discussed in AMA5 Chapter 6 (pp 117-142).This Chapter can be used to assess permanent impairment of the digestive system.
16.2 AMA5, p 136: Section 6.6 Hernias. Occasionally in regard to inguinal hernias there is damage to the ilio inguinal nerve following surgical repair. Where there is loss of sensation in the distribution of the ilio inguinal nerve involving the upper anterior medial aspect of the thigh, a 1%WPI should be assessed.
16.3 Where, following repair, there is severe dysaesthesia in the distribution of the ilio inguinal nerve, a 2%WPI should be assessed.
16.4 Where, following repair of a hernia of the abdominal wall, there is residual persistent excessive induration at the site, which is associated with significant discomfort, this should be assessed as a Class 1 herniation (AMA5, Table 6-9, p 136).
16.5 Impairments due to nerve injury and induration can not be combined.
The higher impairment should be chosen.
16.6 A person who has suffered more than one work related hernia recurrence and who now has limitation of ADL’s (eg lifting) should be assessed as herniation Class 1 (AMA5, Table 6-9, p 136).
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Note: Evaluation of permanent impairment arising from chronic pain (exclusion of AMA5, Chapter 18)
Following consultation with Professor Michael Cousins and Doctor Mike Nicholas of the University of Sydney Pain Management and Research Centre, the AMA5 Chapter devoted to assessment of chronic pain is to be disregarded for the purposes of the WorkCover Guides.
The reasons for this are:
The Chapter does not contain validated instruments that convert the rating given by an examiner into a whole body impairment rating. No work has been done at this time to enable such conversion to occur. Measuring impairment for this condition is complex and requires a high degree of specialised knowledge and experience. This level of knowledge and experience is not widespread and it would be difficult to ensure consistency and equity in the assessment process.
Impairment ratings in the WorkCover Guides attempt to account for the pain commonly associated with many disorders and others, such as complex regional pain syndrome, are specifically included in the Guides. It is recognised in AMA5 that chronic pain is not adequately accounted for in the other Chapters. However, work on a better method is still in progress and it would be premature to specify an alternative at present.
Work is being undertaken by the University of Sydney Pain Management and Research Centre that will enable such a chapter to be written in the future.
As with all largely subjective complaints in compensation systems, there is a concern that monetary compensation for non-specific conditions such as chronic pain can in some cases complicate the restorative and rehabilitative efforts of the worker and his or her health advisers. Hence the need for further investigation to determine a better and fairer system that recognises the difficulties associated with these conditions while, at the same time, promoting effective rehabilitation.
When the work is completed, it will be possible to review this policy decision and introduce assessment of permanent impairment arising from chronic pain, at which time it may be possible to use this assessment as the means of quantifying “pain and suffering” compensation under section 67 of the Workers Compensation Act 1987.
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Appendix 1: Working groups on permanent impairment
Permanent Impairment Co-ordinating Group 2001 Name Position Dr Jim Stewart Chair Ms Kate McKENZIE WorkCover Mr John ROBERTSON Labor Council of NSW Ms Mary YAAGER Labor Council of NSW Dr Ian GARDNER Medical Representative to Workers Compensation and Workplace Occupational Health and Safety Council of NSW Dr Stephen BUCKLEY Rehabilitation Physician Prof Michael FEARNSIDE Professor of Neurosurgery Dr John HARRISON Orthopaedic Surgeon Dr Jonathan PHILLIPS Psychiatrist Prof Bill MARSDEN Professor of Orthopaedic Surgery Dr Dwight DOWDA Occupational Physician Assoc Prof Ian CAMERON Assoc Professor of Rehabilitation Medicine Dr Robin CHASE Australian Medical Association 2005 Revisions Dr Robin PILLEMER Orthopaedic Surgeon Dr John DIXON HUGHES General Surgeon Dr Yvonne SKINNER Psychiatrist
Permanent Impairment Co-ordinating Committee 2008 Name Position Mr Rob THOMSON Chair Ms Mary YAAGER Unions NSW Dr Ian GARDNER Workers Compensation and Workplace Occupational Health and Safety Council of NSW Assoc Prof Michael Assoc Professor of Neurosurgery, Neurological Society of FEARNSIDE Australasia Dr John HARRISON Orthopaedic Surgeon, Australian Orthopaedic Association, Australian Society of Orthopaedic Surgeons Dr Yvonne SKINNER Psychiatrist, Royal Australian and New Zealand College of Psychiatrists Prof Ian CAMERON Professor of Rehabilitation Medicine, Australasian Faculty of Rehabilitation Medicine Dr Roger PILLEMER Approved Medical Specialist Dr Michael GLIKSMAN Australian Medical Association Dr Neil BERRY Australasian College of Surgeons
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Working Groups
Psychiatric and Spine Upper Limb Psychological Dr Julian PARMEGIANI Prof Michael FEARNSIDE Dr Dwight DOWDA Dr Derek LOVELL Dr John CUMMINE Assoc Prof Ian CAMERON Dr Rod MILTON Prof Michael RYAN Prof Bill MARSDEN Dr Yvonne SKINNER Dr Dwight DOWDA Assoc Prof Bruce CONELLY Dr Jonathan PHILLIPS Assoc Prof Ian CAMERON Dr David CROCKER Dr Chris BLACKWELL Dr Hugh DICKSON Dr Richard HONNER Dr Bruce WESTMORE Dr Conrad WINER Dr Jim ELLIS Dr Susan BALLINGER Dr Mario BENANZIO Dr Conrad WINER Ms Lyn SHUMACK Dr Jim ELLIS Dr David DUCKWORTH Dr Jack WHITE Dr Jim BODEL 2005 Revisions Ms Sandra DUNN Dr William WOLFENDEN Dr Roger PILLEMER Dr Tim HANNON Dr Kevin BLEASEL Dr Graham MCDOUGALL Dr John HARRISON Dr Brian NOLL Prof Sydney NADE Dr Bruce CONNELLY 2005 Revisions Dr Roger PILLEMER 2008 Revisions Dr Phillipa HARVEY- SUTTON Assoc Prof Michael FEARNSIDE Dr Jim BODEL Assoc Prof Michael RYAN Dr Roger PILLEMER Prof Ian CAMERON Hearing Urinary and Reproductive Respiratory, Ear, Nose and Throat Dr Brian WILLIAMS Prof Richard MILLARD Dr Julian LEE Dr Joseph SCOPPA Dr Kim Boo KUAH Prof David BRYANT Dr Stanley STYLIS Assoc Prof Ian CAMERON Dr Joseph SCOPPA Dr Paul NIALL Dr Michael BURNS Assoc Prof Ian CAMERON Dr Frank MACCIONI Dr Peter CORTE Dr Brian WILLIAMS Assoc Prof Ian CAMERON
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Skin Vision Lower Limb Dr Victor ZIELINSKI Dr Michael DELANEY Dr Dwight DOWDA Dr Scott MENZIES Dr Peter DUKE Assoc Prof Ian CAMERON Dr Edmund LOBEL Dr Peter ANDERSON Prof Bill MARSDEN Assoc Prof Ian CAMERON Dr John KENNEDY Dr Peter HOLMAN Dr Neville BANKS Dr Jay GOVIND Assoc Prof Ian CAMERON Dr Jim BODEL Dr Mario BENANZIO Dr Jim ELLIS Dr Conrad WINER Dr Cecil CASS Dr John HARRISON Dr John KORBER 2008 Revisions Dr Roger PILLEMER Dr John HARRISON Prof Ian CAMERON Dr Michael GLIKSMAN Dr Jim BODEL Dr Robert BREIT Dr Ian MEAKIN Cardiovascular Digestive Haematopoietic Dr Thomas NASH Prof Philip BARNES Prof John GIBSON Dr John GUNNING Dr David De CARLE Dr Stephen FLECKNOE Dr George MICHELL Dr Dwight DOWDA Dr Peter SLEZAK Dr Stephen BUCKLEY Assoc Prof Ian CAMERON Dr Melissa DOOHAN Prof John DWYER Dr Charles FISHER Endocrine Nervous System Dr Alfred STEINBECK Dr Stephen BUCKLEY Prof Peter HALL Assoc Prof Ian CAMERON Dr Stephen BUCKLEY Dr Dwight DOWDA Dr Ivan LORENTZ Dr Keith LETHLEAN Dr Peter BLUM Prof Michael FEARNSIDE Dr Tim HANNON
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Appendix 2: Guidelines for medico-legal consultations and examinations
(issued by the New South Wales Medical Board, December 2005)
The Medical Board receives many complaints about medico-legal consultations. In these circumstances, the practitioner is not in a therapeutic relationship with the examinee, and the interview and examination may need to be more extensive than the examinee might have been expecting. While some procedures may be simple or routine for the practitioner, they may not be seen as such by the examinee. Effective communication is crucial, especially when the examinee may be nervous and anxious about the possibility of receiving an adverse medical report from the practitioner.
Practitioners are reminded that they have a duty to act in an ethical, professional and considerate manner when examining people, whether or not they are responsible for their care. The same level of professional skill is required of a practitioner acting in a medico-legal capacity as in a therapeutic setting.
Practitioners practising as medico-legal consultants are practising medicine, and accordingly are subject to the provisions of the Medical Practice Act, 1992 regarding conduct, health and performance and must abide by the Board’s Code of Professional Conduct: Good Medicine Practice.
Practitioners should only undertake medico-legal assessments in their areas of expertise and should decline a request if, x They are not adequately qualified or experienced x There may be a conflict of interest (personal, work-related or financial), x For any other reason they are unable to complete the task within the terms stipulated by the third party
At all times, practitioners should treat the examinee with dignity and respect. In order to avoid appearing insensitive, rude, or abrupt in their manner or rough in their examination, practitioners are advised to give particular attention to identifying the examinee’s concerns, and to adequately explain the reasons for the examination. Adequate time should be allowed for the consultation to enable a complete assessment to be carried out.
In order to prevent misunderstandings between doctors and examinees, the Board has proposed the following guidelines:
The consultation
1. At all times the practitioner should communicate with the examinee tin language they can understand.
2. The examinee has the option of having an accompanying person present during the history and/or the examination. This should be explained to the examinee when the interview is being scheduled. The role of the accompanying person is to support the examinee, but not to answer questions or contribute to the assessment. However, should the examinee have an intellectual or speech difficulty, it is appropriate for the accompanying person to assist in the communication between practitioner and examinee.
3. A professional interpreter should be used where the examinee has a difficulty with spoken English. Interpretation should not be provided by a support person or member of the examinee’s family.
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4. The practitioner should not make unnecessary personal remarks, especially when the consultation involves an intimate examination.
5. The practitioner should be aware of differing cultural sensitivities, especially when conducting an intimate examination.
6. Some practitioners choose to video or audio record the examination. The reason for this should be clearly explained to the examinee and consent should be obtained in advance.
7. The practitioner should not offer any opinion to the examinee on their claim or medic-legal circumstances.
8. The practitioner should not offer any opinion on the examinee’s medical or surgical management by other practitioners.
9. In the majority of cases it is appropriate to advise the examinee of an incidental clinical finding which has been identified by the examining practitioner. There may be some situations where it is preferable to notify the examinee’s treating practitioner.
10. It is not appropriate for the practitioner to undertake any form of treatment in relation to the examinee.
The introduction
1. The practitioner should properly introduce himself or herself and explain his or her specialty field of medicine in language which the examinee can understand.
2. The practitioner should explain the purpose and nature of the consultation and examination and that it is not the practitioner’s role to treat the examinee.
3. The practitioner should explain that his or her role is that of an independent reviewer who is providing an impartial opinion for use in a court or before another decision-making body and that there are limitations on the confidentiality of the assessment. The practitioner should be aware that the patient may believe that they are not independent, but are working for the third party.
The interview
1. The practitioner should limit their questions to matters that are relevant to the purpose of the assessment, prefacing personal questions with an explanation as to why they are necessary.
2. The examinee should be given an opportunity to provide information that they believe may be relevant to the assessment.
The physical examination
1. It is essential that prior to commencing an examination, the practitioner explains which part of the body is to be examined, why it is to be examined, and what the examination entails, including the extent to which undressing is required. The position of the practitioner during the examination should also be explained, particularly when the practitioner will be standing behind the examinee.
2. The examinee’s modesty should be preserved by:
x The provision of a screen behind which the examinee can undress and dress x The practitioner excusing himself or herself from the consulting room whilst the examinee is undressing
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x The provision of a gown or sheet
3. The practitioner should examine the examinee in privacy, unless the examinee has brought a support person to be with them at the time, although the practitioner may choose to have a chaperone present during the examination.
4. Examination should be limited to the area relevant to the examinee’s problem. It is inappropriate for the practitioner to examine any part of the body without the examinee’s consent. This may limit the scope of the practitioner’s examination and subsequent report.
5. If an intimate examination is warranted, the reasons and nature of the examination must be carefully explained to the examinee, and the examinee’s permission obtained. This should be noted in the report.
The report
1. The practitioner should ensure that their report contains both the examinee’s history and examination findings and that it notes all diagnostic possibilities. Any limitations to a full assessment should be noted.
2. The report should be impartial and unbiased, and reflect the practitioner’s consideration of the available opinions of other practitioners and health professionals who have assessed, treated or provided reports on the examinee in the past.
3. The report should be completed within the timeframe requested by the third party unless there are forseeable delays or the deadline is unreasonable, in which case the practitioner should negotiate a new timeframe.
4. The report should set out the material relied upon and any assumptions made.
5. The report should be comprehensible, easy to read and explain medical terminology.
6. The practitioner should be aware of the risks inherent in utilising his or her previous reports as the basis of a subsequent report without further review of the examinee.
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Appendix 3: Understanding medico-legal examinations
[Text of a pamphlet prepared by the New South Wales Branch of the Australian Medical Association and the Law Society of New South Wales for the information of members of the public.]
You have been asked to go to a medical examination as part of the legal action you are taking. This brochure will help you understand the examination and your part in it. This examination aims: To find out what injury or medical condition you have; To find out its cause; To find out if your condition is caused by an accident or by your work conditions; To find out if an accident or your work has aggravated some underlying condition. The examination is intended to be an independent and honest effort to assess your problem so that an impartial report can be prepared.
Who arranges the examination? The examination has been arranged by your solicitor or by one of the other parties to the legal action, such as the employer, the insurance company or a solicitor acting for one of the other parties.
You have the right to know who has arranged the examination, and you may ask your solicitor or the doctor who carries out the examination.
A report will be sent from the doctor to the person who has arranged the examination. That person pays the doctor for the report. The report will be confidential and the doctor will not be able to give you an opinion about your condition or about any treatment you have had.
About the doctor The doctor is a specialist who is generally an expert in diagnosing and advising about conditions such as yours. The doctor is usually not an employee of an insurance company or legal firm but a privately or self-employed doctor who often runs a busy medical or surgical practice. The doctor will write a report based on what he learns from you, and your cooperation will be most important. The report will be independent; that is, it will be saying exactly what the doctor thinks about your condition and not aiming to be for or against any side in the legal case.
As you are not seeing the examining doctor as his/her patient, the doctor is not able to give you advice about your problem. The doctor cannot give you treatment. Please do not embarrass the doctor by asking. You will need to ask your own doctor about such matters.
Before the appointment Please check that you have the correct appointment time and address. You should tell your solicitor or the person arranging the appointment if you are likely to need an interpreter. You should bring all x-rays and tests relevant to your condition so that the doctor can make a thorough assessment.
The report This will be sent to the person who has arranged the examination and who has paid for it. The report could be used in determining the outcome of your claim. It becomes a legal document and could be used as evidence in court.
The examination The examination has several parts.
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The doctor’s secretary will ask you to give some routine particulars. The doctor will introduce himself/herself and try to put you at ease.
The examining doctor will not know whether you need the help of an interpreter. If such help is needed, your solicitor should arrange the interpreter. By mutual agreement with the doctor, you may wish to have a friend or relative with you, but that person should not interrupt or interfere with the examination.
The doctor will ask you about your work history and will ask you about the accident or circumstances that caused your injury or condition. He/she will ask you about the treatment you have had and about how the injury or condition affects you now. He/she will ask you about your medical history. The questions may be wide-ranging and not just about the body part that has been injured.
Your x-rays and any other investigations will be examined.
The doctor will carry out a physical examination and will explain or demonstrate what he/she wants you to do. The doctor will examine the injured parts of your body and possibly other parts of your body as well. The examination may involve measuring height and weight and the movement of various joints and reflexes.
Every consideration will be given The doctor will carry out an examination of you in a respectful manner. In the physical examination he/she will not hurt you. The doctor will not expect you to do anything that would cause pain.
A complex medical history may take an hour or more, but many examinations are completed in less than that time. The doctor will be aiming to let you go as soon as possible.
How can you help? Be punctual. The doctor will try and be punctual too, but remember that doctors sometimes have to deal will urgent matters.
It is best to turn off your mobile phone.
Be pleasant to the doctor, particularly if the examination has been arranged by the other side. Remember that the doctor will be giving an independent report. No one benefits from an unpleasant atmosphere. A hostile attitude might mean deferral or termination of the examination.
Be prepared if possible with important dates and names. Don’t be worried if you cannot remember — the doctor simply wants your best recollection.
Be honest and straightforward with your answers, even if you think that the questions are not closely related to the main problem.
Wear clothes that are suitable. For example, if your back is to be examined, it is usual for outer clothing to be removed. Women should wear a bra and pants so that the back can be examined thoroughly while preserving the modesty of the patient and out of respect for the practitioner. It is never necessary to fully disrobe a patient. Modesty will be considered at all times, but an adequate examination requires adequate exposure. The doctor’s report may mention the fact if a patient is unwilling to undress sufficiently for adequate examination.
What if there are problems during an examination? Reading this brochure should help you know what to expect.
If the doctor asks you a question that you do not wish to answer, then you may say so. However, this may be mentioned in the medical report.
If the doctor asks you to do something that would cause pain, then mention this to the doctor. But don’t forget that the doctor is expecting your best cooperation during the examination.
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If you believe that there is a complete breakdown in your relationship with the doctor, then you may choose to say so and to leave the examination. However, if you do, you may be liable for the cost of the examination and report.
If you are in doubt about something during the examination, a quick phone call to your solicitor may help.
Repeat examinations Sometimes legal cases go on for a long time. Repeat examinations are arranged so that the doctor can report on your progress. The doctor has no say about whether the case is resolved or whether you get compensation and simply reports on your condition.
Feedback Please let the AMA or the Law Society know if you think this brochure can be improved; everyone is keen to make this necessary examination as easy as possible for you.
Comments in writing on suggested brochure improvements will be received by:
The Australian Medical Association (NSW) 33 Atchison Street St Leonards, NSW 2065
and The Law Society of New South Wales 170 Phillip Street Sydney NSW 2000
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APIARIES ACT 1985
Delegation of functions of the Director-General
I, DOUGLAS FRAZER HOCKING, Acting Director-General of the NSW Department of Primary Industries, pursuant to section 47A of the Apiaries Act 1985 (“the Act”):
a. revoke the delegation of 25 June 2007, and any delegation revived as a result of that revocation; b. delegate the function of the Director-General contained in the section listed in column 1 of the Schedule below to the member of staff of the NSW Department of Primary Industries who from time to time holds, occupies or performs the duties of the positions described in column 2 of the Schedule below.
Schedule
Column 1 Column 2 Section 5 Executive Director, Fisheries, Compliance and Regional Relations (excluding section Director, Compliance Operations, 5(3)) Manager, Agricultural Compliance Section 7 Deputy Director-General, Agriculture, Biosecurity and Mine Safety Director, Compliance Standards and Rural Lands Protection Board Alliance Manager, Biosecurity and Traceability Systems
Section 8 Deputy Director-General, Agriculture, Biosecurity and Mine Safety Director, Compliance Standards and Rural Lands Protection Board Alliance Manager, Biosecurity and Traceability Systems
Section 10 Deputy Director-General, Agriculture, Biosecurity and Mine Safety Director, Compliance Standards and Rural Lands Protection Board Alliance Manager, Biosecurity and Traceability Systems
Section 11 Deputy Director-General, Agriculture, Biosecurity and Mine Safety Director, Compliance Standards and Rural Lands Protection Board Alliance Manager, Biosecurity and Traceability Systems
Section 12 Deputy Director-General, Agriculture, Biosecurity and Mine Safety Director, Compliance Standards and Rural Lands Protection Board Alliance Manager, Biosecurity and Traceability Systems
Section 13 Deputy Director-General, Agriculture, Biosecurity and Mine Safety Director, Compliance Standards and Rural Lands Protection Board Alliance Manager, Biosecurity and Traceability Systems
Section 18 Executive Director, Fisheries, Compliance and Regional Relations
Section 18A Executive Director, Fisheries, Compliance and Regional Relations
Section 24A Director, Animal and Plant Biosecurity Chief Veterinary Officer
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Section 32A Executive Director, Fisheries, Compliance and Regional Relations
Section 38 Executive Director, Fisheries, Compliance and Regional Relations
Section 42A Manager Agricultural Compliance Executive Director, Fisheries, Compliance and Regional Relations
Dated this 28th day of September 2008.
D. F. HOCKING, Acting Director-General NSW Department of Primary Industries
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Authorised to be printed ISSN 0155-6320 DENIS H. HELM, Government Printer.
NEW SOUTH WALES GOVERNMENT GAZETTE No. 143 10919
Government Gazette OF THE STATE OF NEW SOUTH WALES Number 144 Tuesday, 11 November 2008 Published under authority by Government Advertising
SPECIAL SUPPLEMENT
Department of Premier and Cabinet, Sydney 11 November 2008
HIS Excellency the Lieutenant Governor directs that it be notifi ed that he has removed from offi ce and withdrawn the commissions of: The Honourable Anthony Paul Stewart MP as the Minister for Small Business, Minister for Science and Medical Research, and Minister Assisting the Minister for Health (Cancer) and as a member of the Executive Council. By His Excellency’s Command, NATHAN REES, Premier
HIS Excellency the Lieutenant Governor has been pleased to appoint: The Honourable Jodi Leyanne McKay MP as Minister for Small Business, Minister for Science and Medical Research, and Minister Assisting the Minister for Health (Cancer). By His Excellency’s Command, NATHAN REES, Premier 10920 SPECIAL SUPPLEMENT 11 November 2008
NEW SOUTH WALES CABINET LIST OF MINISTERS 11 November 2008 The Honourable Nathan Rees MP Premier, and Minister for the Arts The Honourable Carmel Mary Tebbutt MP Deputy Premier, Minister for Climate Change and the Environment, and Minister for Commerce The Honourable John Joseph Della Bosca MLC Minister for Health, Minister for the Central Coast, and Vice President of the Executive Council The Honourable John Hatzistergos MLC Attorney General, Minister for Justice, and Minister for Industrial Relations The Honourable Eric Michael Roozendaal MLC Treasurer The Honourable David Andrew Campbell MP Minister for Transport, and Minister for the Illawarra The Honourable Verity Helen Firth MP Minister for Education and Training, and Minister for Women The Honourable Kristina Kerscher Keneally MP Minister for Planning, and Minister for Redfern Waterloo The Honourable Joseph Guerino Tripodi MP Minister for Finance, Minister for Infrastructure, Minister for Regulatory Reform, and Minister for Ports and Waterways The Honourable Ian Michael Macdonald MLC Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development The Honourable Anthony Bernard Kelly MLC Minister for Police, Minister for Lands, and Minister for Emergency Services The Honourable Linda Jean Burney MP Minister for Community Services The Honourable Kevin Patrick Greene MP Minister for Gaming and Racing, and Minister for Sport and Recreation The Honourable Paul Gerard Lynch MP Minister for Ageing, Minister for Disability Services, and Minister for Aboriginal Affairs The Honourable Barbara Mazzel Perry MP Minister for Local Government, and Minister Assisting the Minister for Health (Mental Health) The Honourable Graham James West MP Minister for Juvenile Justice, Minister for Volunteering, and Minister for Youth The Honourable Michael John Daley MP Minister for Roads The Honourable Phillip John Costa MP Minister for Water, Minister for Rural Affairs, and Minister for Regional Development The Honourable Dianne Virginia Judge MP Minister for Fair Trading, Minister for Citizenship, and Minister Assisting the Premier on the Arts The Honourable David Lawrence Borger MP Minister for Housing, and Minister for Western Sydney The Honourable Jodi Leyanne McKay MP Minister for Tourism, Minister for the Hunter, Minister for Small Business, Minister for Science and Medical Research, and Minister Assisting the Minister for Health (Cancer)
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 145 Wednesday, 12 November 2008 Published under authority by Government Advertising SPECIAL SUPPLEMENT
New South Wales
Commencement Proclamation
under the Civil Liability Legislation Amendment Act 2008 No 84
JAMES JACOB SPIGELMAN,, Lieutenant-Governor I, the Honourable James Jacob Spigelman AC, Lieutenant-Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of section 2 of the Civil Liability Legislation Amendment Act 2008, do, by this my Proclamation, appoint 12 November 2008 as the day on which that Act commences. Signed and sealed at Sydney, thisthis 12th day of Novemberday of November 2008. 2008.
By His Excellency’s Command,
JOHN HATZISTERGOS, M.L.C., L.S. Attorney General GOD SAVE THE QUEEN!
s2008-444-36.d04 Page 1 10922 SPECIAL SUPPLEMENT 12 November 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 146 Thursday, 13 November 2008 Published under authority by Government Advertising RURAL FIRES ACT 1997 NOTIFICATION UNDER SECTION 99 SCHEDULE 1 IN pursuance of the powers conferred upon me by Section 99 of Fire Fighting Activities the Rural Fires Act 1997, I, SHANE ALAN FITZSIMMONS, Fire lit, maintained or used for the purpose of suppressing Commissioner of NSW Rural Fire Service, under delegation or controlling any existing bush fi re; or for urgent repairs dated 1 October 2007 from the Hon. Anthony Kelly, M.L.C., and/or maintenance of any fi refi ghting or associated plant Minister for Emergency Services, do, by this notifi cation or equipment; or to provide food and refreshments for fi re direct that the lighting, maintenance or use of all fi res in the fi ghting personnel where such fi re is lit, maintained or used open air, with the exception of the classes of fi re as specifi ed under the direction of the Commissioner of the NSW Rural in Schedules 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, Fire Service, any offi cer of the NSW Fire Brigades, any 17 and 18 hereto, is prohibited in the parts of the State set offi cer authorised by the State Forests of New South Wales, out in Schedule A hereto, from 00.01 hours to 23.59 hours any offi cer authorised by the Director General of the NSW on Thursday 13 November 2008. National Parks and Wildlife Service, or any NSW Rural Fire Service Deputy Captain, Captain, Deputy Group Captain, Dated 13 November 2008. Group Captain or Offi cer of the rank of Inspector or above, appointed pursuant to the provisions of the Rural Fires Act SHANE FITZSIMMONS, A.F.S.M., 1997 (NSW). Commissioner SCHEDULE 2 Schedule 1 Fire Fighting Activities Emergency Operations Schedule 2 Emergency Operations Fire lit, maintained or used in association with any cutting, Schedule 3 Fireworks welding and/or grinding apparatus used by an emergency Schedule 4 Religious/Sacred Ceremonies services organisation within the meaning of the State Emergency and Rescue Management Act 1989 (NSW) for Schedule 5 Services and Utilities – Essential Repairs/ the purpose of any emergency operations provided that, as Maintenance far as is practicable: Schedule 6 Disposal of Waste/Putrescent Material (a) the fi re is lit and maintained in a manner which will Schedule 7 Sugar Cane Harvesting prevent the escape of fi re, sparks or incandescent Schedule 8 Bitumen Roadworks or burning material from the site of the emergency; and Schedule 9 Disposal of Diseased Animal Carcasses (b) adequate fi re fi ghting equipment is provided at the Schedule 10 Bee Hive “Smokers” site of the emergency to prevent the escape or spread Schedule 11 Electric or Gas Barbeques of the fi re. Schedule 12 Charcoal Production SCHEDLE 3 Schedule 13 Mining Operations Fireworks Schedule 14 Building Construction/Demolition – Urgent and Essential Fireworks lit and maintained as part of an organised public display, provided that: Schedule 15 Exhaust Stacks for Gas Exploration, Collection, Drainage, Refi ning Facilities, (a) the person in charge of the display (‘the responsible person”) holds a current “Display Fireworks Permit Oil Refi neries and Steel Works – General Permit” or a “Pyrotechnicians Licence” Schedule 16 Hot Air Balloons issued by WorkCover NSW; Schedule 17 Olympic Cauldron (b) the responsible person complies with the requirements Schedule 18 Any Other Fire Approved by NSW RFS of the WorkCover NSW publication “Fireworks Commissioner Displays (DG 108)”; 10924 SPECIAL SUPPLEMENT 13 November 2008
(c) approval to use of the land on which the fi reworks (f) the person who obtained the consent of the local display is to be held has been obtained in writing: authority or the owner or occupier of the land to (i) from the local authority for the area in which conduct the ceremony or celebration must, not less the land is located, if the land is controlled or than six hours prior to the commencement of the managed by a local authority; or ceremony or celebration, notify: (ii) in any other case, from the owner or occupier of (i) the NSW Rural Fire Service Zone or District Manager for that district, If the place where the the land on which site the display will be held; ceremony or celebration is to be held is within (d) all fi re, sparks or incandescent or burning material a rural fi re district; or is extinguished at the conclusion of the display and (ii) the Offi cer in Charge of the nearest NSW Fire prior to the responsible person leaving the site; Brigades fire station if the place where the (e) the display is conducted in a manner, which ceremony or celebration is to be held is within minimises the likelihood that fi re, sparks or burning a fi re district or incandescent material will impact on the land and comply with any direction or additional condition which surrounding the display causing a fi re; may be imposed by that offi cer which may include a direction (f) precautions are taken to prevent the escape of fi re, that the fi re or candles not to be lit. sparks or incandescent or burning material from the surrounding area; SCHEDULE 5 (g) the responsible person must notify, during business Services & Utilities – Essential Repairs/Maintenance hours, not less than forty eight hours prior to the Fire lit, maintained or used by, or under the authority of, commencement of the fi reworks display: a provider of energy, telecommunications, water, transport (i) the NSW Rural Fire Service Zone or District or waste removal/disposal services, in connection with the Manager for that District if the place where the urgent and essential: display is to be held is within a rural fi re district; (a) repairs; or or (b) maintenance (ii) the Offi cer In Charge of the nearest NSW Fire of facilities or equipment required for the continuation Brigades fire station if the place where the of the supply or provision of power, light, heat, cooling, display is to be held is within a fi re district refrigeration, communication, water, transport or sewerage and comply with any direction or additional condition provided that: which may be imposed by that Offi cer, which may include (a) the fi re is lit and maintained in a manner which will a direction that the fi reworks not be lit. prevent the escape of fi re, sparks or incandescent or burning material from the site of the works; SCHEDULE 4 (b) adequate fi re fi ghting equipment is provided at the Religious/Sacred Ceremonies site of the works to prevent the escape or spread of the fi re. Fire lit, maintained or used as part of a religious or sacred ceremony, including candles lit or maintained as part of a SCHEDULE 6 “Carols by Candlelight” celebration, provided that: Disposal of Waste/Putrescent Material (a) approval to use of the land on which the ceremony or Fire lit, maintained or used by a public authority as defi ned celebration is to be held has been obtained in writing in the dictionary of the Rural Fires Act 1997 (NSW), for from: the disposal of waste or putrescent material likely to cause (i) the local authority for the area in which the land a health hazard provided that the fi re is lit in a properly is located, if the land is controlled or managed constructed incinerator designed to prevent the escape of fi re, by a local authority; or sparks or incandescent or burning material therefrom. (ii) in any other case, the owner or occupier of the land on which site the ceremony or celebration SCHEDULE 7 will be held; Sugar Cane Harvesting (b) the ceremony or celebration is held on an open area Fire lit, maintained or used between the hours of 7 p.m. of land so that any naked fl ame is surrounded by and 7 a.m. Australian Eastern Standard Summer Time for ground that is clear of all combustible material for a purpose associated with the harvesting of sugar cane a distance of at least 20 metres; provided that: (c) each fi re or fl ame is constantly under the direct (a) the fi re is lit and maintained in a manner which will control or supervision of a responsible adult prevent the escape of fi re, sparks or incandescent or person; burning material from the area of cane which is to (d) each fi re or fl ame is extinguished at the conclusion of be harvested; and, the ceremony or celebration and prior to the person (b) adequate fi re fi ghting equipment is provided at the having control or supervision of the fi re or fl ame site of the fi re to prevent the escape or spread of the leaving the site; fi re, (e) the person who obtained the consent of the local (c) the fi re is under the direct control of a responsible authority or the owner or occupier of the land to adult person, present at all times until it is fully conduct the ceremony or celebration must ensure that extinguished. all necessary steps are taken to prevent the escape (d) the person who lights the fi re has complied with the of fi re, sparks or incandescent or burning material requirements of section 87 of the Rural Fires Act, from the site; and 1997. NEW SOUTH WALES GOVERNMENT GAZETTE No. 146 13 November 2008 SPECIAL SUPPLEMENT 10925
SCHEDULE 8 SCHEDULE 11 Bitumen Roadworks Electric or Gas Barbeques Fire lit or maintained or used for the purpose of heating 1. Fire lit, maintained or used for the purpose of food bitumen in tankers, sprayers, storage units, mobile asphalt plants, mobile asphalt pavers and pavement recycling preparation on an electric appliance provided that: machines for road repair and construction works provided (a) the appliance is under the direct control of a that: responsible adult person, present at all times while (a) the fi re is lit and maintained in a manner which will it is operating; prevent the escape of fi re, sparks or incandescent or (b) no combustible material of any kind is allowed within burning material from the equipment; and two metres of the appliance while it is operating; (b) adequate fi re fi ghting equipment is provided at the site of the works to prevent the escape or spread of 2. Fire lit, maintained or used for the purpose of food the fi re. preparation on a gas fi red appliance provided that: SCHEDULE 9 (a) the appliance is under the direct control of a responsible adult person, present at all times while Disposal of Diseased Animal Carcasses it is operating; Fire lit or maintained or used for the purposes of disposal (b) no combustible material of any kind is allowed within of diseased sheep, cattle, chicken or other deceased stock two metres of the appliance while it is operating; carcasses provided that: (c) a system of applying an adequate stream of water (a) the fi re is lit and maintained in a manner which will to the appliance and its surrounds is available for prevent the escape of fi re, sparks or incandescent or immediate and continuous use; and burning material from the site of the fi re; (i) the appliance is located on land on which is (b) adequate fi re fi ghting equipment is provided at the erected a permanent private dwelling and is not site of the fi re to prevent the escape or spread of the more than twenty metres from that dwelling; or fi re; (ii) where the appliance is not on land on which is (c) the site of the fi re is surrounded by ground that is erected a permanent private dwelling, both the clear of all combustible material for a distance of at appliance and the land on which it is located least 30 metres; have been approved for the purpose by: (d) a responsible adult person is present at the site of • the council of the area or: the fi re at all times while it is burning; and (e) prior to lighting such a fi re, the person in charge of • if the land is acquired or reserved under the the operation must notify; National Parks and Wildlife Act 1974, the National Parks and Wildlife Service; or (i) the NSW Rural Fire Service Zone or District Manager for that district if the place where the • if the land is within a state forest, State Forests fi re is to be lit is within a rural fi re district; or of NSW. (ii) the Offi cer in Charge of the nearest NSW Fire Brigades fi re station if the place where the fi re SCHEDULE 12 is to be lit is within a fi re district Charcoal Production and comply with any direction or additional condition which may be imposed by that offi cer which may include a direction Fire lit, maintained or used in accordance with Regulation that the fi re not be lit. 28 (1) (a) of the Rural Fires Regulation 2002 (NSW), for the production of charcoal (but not for the destruction of waste SCHEDULE 10 arising therefrom) provided that: Bee Hive “Smokers” (a) the fi re is lit and maintained in a manner which will prevent the escape of fi re, sparks or incandescent or Fire lit and maintained in a metal canister, known as a burning material from the site of the works; and “bee hive smoker” used by apiarists to produce smoke for use in connection with the management of bees and bee (b) adequate fi re fi ghting equipment is provided at the hives, provided that: site of the works to prevent the escape or spread of the fi re. (a) the canister is a commercially available “bee hive smoker” designed to prevent the escape of sparks or SCHEDULE 13 incandescent or burning material; Mining Operations (b) the fuel for the canister is lit inside a building or vehicle by a responsible adult person and the canister Fire lit, maintained or used in association with the cutting, is sealed prior to leaving the building or vehicle and welding and/or grinding apparatus used for the purpose of being taken to the hives; the urgent and essential maintenance and repair of mining (c) fi re, sparks or incandescent or burning material is equipment provided that: not permitted to escape from the canister in the open (a) the cutting, welding and/or grinding apparatus is air; used in a manner which will prevent the escape of (d) the canister is not to be left unattended while it is fi re, sparks or incandescent or burning material from alight; the site of the works; and (e) the fuel is totally extinguished inside a building (b) adequate fi re fi ghting equipment is provided at the or vehicle by the responsible adult person at the site of the works to prevent the escape or spread of completion of use. the fi re. NEW SOUTH WALES GOVERNMENT GAZETTE No. 146 10926 SPECIAL SUPPLEMENT 13 November 2008
SCHEDULE 14 (iii) the NSWFB Offi cer in Charge of the nearest Building Construction/Demolition – Urgent and Essential NSW Fire Brigades fi re station if the launch site is within the NSWFB fi re district, Fire lit, maintained or used in association with welding, cutting and grinding work undertaken in the course of and comply with any direction or additional urgent and essential construction or demolition of buildings condition, which may be, imposed by the RFS or provided that: NSWFB, which may include a direction that the fi re is not to be lit. The contact details for the RFS Zone (a) the fi re is lit and maintained in a manner which will or District Manager/s may be obtained from the prevent the escape of fi re, sparks or incandescent or RFS State Operations Centre on 1800 679 737 and burning material from the site of the works; the contact details for NSWFB may be obtained (b) adequate fi re fi ghting equipment is provided at the from the NSWFB Communications Centre on site of the works to prevent the escape or spread of 1800 422 281; the fi re; and (b) at the time the balloon is launched: (c) if the work is to be carried out above the normal (i) the ambient air temperature is less than 30 ground or fl oor level the area below the works must degrees Celsius; and be totally free of combustible material and any fi re, spark or incandescent material must be prevented (ii) the average wind speed measured at ground level from falling to that area. is less than 20 kilometres per hour; (d) prior to lighting the fi re, the person in charge of the (c) the take off site is clear of all combustible material work must notify: within a 3 metre radius of the balloon burner; (i) the NSW Rural Fire Service Zone or District (d) the balloon has landed and all burners and pilot Manager for that district, If the site of the work lights are extinguished by no later than 2 hours after is within a rural fi re district; or sunrise; (ii) the Offi cer in Charge of the nearest NSW Fire (e) any sighting of smoke or fi re observed from the air Brigades fi re station if the site of the work is is immediately reported to the NSW Fire Brigades within a fi re district via the Telstra “000” emergency system; and comply with any direction or additional condition which (f) the fi re is lit and maintained in a manner which will may be imposed by that offi cer which may include a direction prevent the escape of fi re, sparks or incandescent or that the fi re not to be lit. burning material from the balloon; and (g) adequate fi re fi ghting equipment is carried in the SCHEDULE 15 balloon and by the ground/retrieval party to prevent the escape or spread of the fi re. Exhaust Stacks for Gas Exploration, Collection, Drainage, Refining Facilities, Oil Refineries and Steel Works SCHEDULE 17 Fire lit, maintained or used to dispose of gaseous exhaust Olympic Cauldron emissions through a chimney in connection with the exploration, collection, drainage, refi ning, manufacture or Fire lit and maintained by the Sydney Olympic Park purifi cation of gas, oil or metal provided that: the fi re is lit Authority in the “Olympic Cauldron” erected at Sydney and maintained in a manner which will prevent the escape Olympic Park. of fi re, sparks or incandescent or burning materials from the site of the exploration, collection, drainage, refi ning or SCHEDULE 18 manufacturing facility. Any Other Fire Approved by NSW RFS Commissioner Any fi re, the lighting or maintenance of which is approved SCHEDULE 16 in writing by the Commissioner of the NSW Rural Fire Hot Air Balloons Service, provided that the person who lights or maintains Fire lit, maintained or used in order to conduct commercial the fire complies with any conditions imposed by the hot air balloon fl ying operations provided that: Commissioner in relation to that fi re. (a) not more than twelve hours prior to lighting such a fi re the pilot must notify: SCHEDULE A (i) the NSW Rural Fire Service State Operations Southern Riverina Centre on 1800 679 737 of the proposed fl ight; Northern Riverina and South Western (ii) the NSW Rural Fire Service Zone or District Manager for the launch site if within the rural fi re district and for each rural fi re district on the proposed fl ight path; and
Authorised to be printed ISSN 0155-6320 DENIS H. HELM, Government Printer.
NEW SOUTH WALES GOVERNMENT GAZETTE No. 146 10927
Government Gazette OF THE STATE OF NEW SOUTH WALES Number 147 Friday, 14 November 2008 Published under authority by Government Advertising
LEGISLATION Assents to Acts
ACTS OF PARLIAMENT ASSENTED TO Legislative Assembly Offi ce, Sydney 5 November 2008 IT is hereby notifi ed, 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. 78 2008 – An Act to amend the Children and Young Persons (Care and Protection) Act 1998 relating to body piercing and tattooing of children and young persons. [Children and Young Persons (Care and Protection) Amendment (Body Piercing and Tattooing) Bill]. Act No. 79 2008 – An Act to amend the Mental Health (Criminal Procedure) Act 1990 and the Mental Health Act 2007 with respect to the care, treatment, control and release of forensic patients and patients transferred from correctional centres and the functions of the Mental Health Review Tribunal; and for other purposes. [Mental Health Legislation Amendment (Forensic Provisions) Bill]. Act No. 80 2008 – An Act to make provision with respect to vexatious proceedings in the courts and tribunals of the State. [Vexatious Proceedings Bill]. Act No. 81 2008 – An Act to amend the Crimes (Sentencing Procedure) Act 1999 to make further provision with respect to victim impact statements. [Crimes (Sentencing Procedure) Amendment (Victim Impact Statements) Bill]. Act No. 82 2008 – An Act to amend the Road Transport (Driver Licensing) Act 1998 and various regulations with respect to the demerit points system applying to New South Wales drivers. [Road Transport (Driver Licensing) Amendment (Demerit Points System) Bill]. Act No. 83 2008 – An Act to amend the Tow Truck Industry Act 1998 to make further provision in relation to tow truck operators licences, drivers certifi cates and the regulation of the tow truck industry. [Tow Truck Industry Amendment Bill]. RUSSELL D. GROVE, PSM, Clerk of the Legislative Assembly
ACTS OF PARLIAMENT ASSENTED TO Legislative Council Offi ce Sydney 5 November 2008 IT is hereby notifi ed, 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. 84, 2008 – An Act to amend the Civil Liability Act 2002 and other Acts to make further provision in respect of offender damages, victim claims, indexation of damages, and damages for gratuitous attendant care services. [Civil Liability Legislation Amendment Act 2008]. LYNN LOVELOCK, Clerk of the Parliaments 10928 LEGISLATION 14 November 2008
Proclamations
New South Wales
Commencement Proclamation
under the Administrative Decisions Tribunal Amendment Act 2008 No 77
JAMES JACOB SPIGELMAN,, Lieutenant-GovernorLieutenant-Governor I, the Honourable James Jacob Spigelman AC, Lieutenant-Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of section 2 (1) of the Administrative Decisions Tribunal Amendment Act 2008, do, by this my Proclamation, appoint 17 November 2008 as the day on which Schedule 1 [47]–[51] and [54] to that Act commence. Signed and sealed at Sydney, thisthis 14th day of November day of November 2008. 2008.
By His Excellency’s Command,
JOHN HATZISTERGOS, M.L.C., L.S. AttorneyAttorney General General GOD SAVE THE QUEEN!
Explanatory note The object of this Proclamation is to commence provisions of Administrative Decisions Tribunal Amendment Act 2008 that amend the Administrative Decisions Tribunal Act 1997: (a) to provide for the allocation of certain senior judicial members to the Legal Services Division of the Tribunal, and (b) to enable a senior judicial member of the Legal Services Division to participate in and preside over certain disciplinary proceedings allocated to the Division, and (c) to make other amendments in the nature of statute law revision relating to the Legal Services Division, and
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NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 LEGISLATION 10929
Commencement Proclamation
Explanatory note
(d) to enable a member or former member of the Tribunal to complete an unfinished matter even if he or she ceases to have a requisite qualification to deal with the matter (other than for certain disciplinary reasons).
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NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 10930 LEGISLATION 14 November 2008
Regulations
New South Wales
Building Professionals Amendment (Reports) Regulation 2008
under the Building Professionals Act 2005
His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Building Professionals Act 2005.
KRISTINA KENEALLY, M.P., Minister for Planning Explanatory note The object of this Regulation is to require an accredited certifier to cause copies of any written report made by the accredited certifier under clause 130 (2A) (b), 144A (1) (b) or 153A (1) (b) of the Environmental Planning and Assessment Regulation 2000 to be kept at his or her business premises, or in another secure place, at all times. This Regulation is made under the Building Professionals Act 2005, including sections 60 (1) and 94 (the general regulation-making power).
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NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 LEGISLATION 10931
Clause 1 Building Professionals Amendment (Reports) Regulation 2008
Building Professionals Amendment (Reports) Regulation 2008 under the Building Professionals Act 2005
1 Name of Regulation This Regulation is the Building Professionals Amendment (Reports) Regulation 2008.
2 Amendment of Building Professionals Regulation 2007 The Building Professionals Regulation 2007 is amended by inserting the following after clause 8 (1) (j): (j1) any written report made by the accredited certifier under clause 130 (2A) (b), 144A (1) (b) or 153A (1) (b) of the Environmental Planning and Assessment Regulation 2000,
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NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 10932 LEGISLATION 14 November 2008
New South Wales
Environmental Planning and Assessment Amendment (Reports) Regulation 2008
under the Environmental Planning and Assessment Act 1979
His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Environmental Planning and Assessment Act 1979.
KRISTINA KENEALLY, M.P., Minister for Planning Explanatory note Currently under the Environmental Planning and Assessment Regulation 2000, a certifying authority is required to obtain a compliance certificate from a person holding Category C10 accreditation under the Building Professionals Act 2005 (a fire safety engineer) before issuing a complying development certificate, construction certificate or occupation certificate for a building or building work involving an alternative solution under the Building Code of Australia in respect of fire safety requirements. The object of this Regulation is to provide that, as an alternative to obtaining a compliance certificate, a certifying authority may instead obtain a written report from a fire safety engineer that includes a statement that: (a) the alternative solution complies with the relevant performance requirements of the Building Code of Australia (if the report relates to the issuing of a complying development certificate or construction certificate), or (b) the building work relating to the alternative solution has been completed and is consistent with that alternative solution (if the report relates to the issuing of an occupation certificate). A fire safety engineer may issue any such written report in respect of an alternative solution prepared by the engineer and may issue a report that relates to the issuing of an occupation certificate even if the engineer also issued a report relating to the issuing of a complying development certificate or construction certificate in respect of the work. This Regulation also makes amendments by way of law revision. This Regulation is made under the Environmental Planning and Assessment Act 1979, including sections 81A, 85, 109H and 157 (the general regulation-making power).
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NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 LEGISLATION 10933
Environmental Planning and Assessment Amendment (Reports) Regulation Clause 1 2008
Environmental Planning and Assessment Amendment (Reports) Regulation 2008 under the Environmental Planning and Assessment Act 1979
1 Name of Regulation This Regulation is the Environmental Planning and Assessment Amendment (Reports) Regulation 2008.
2 Amendment of Environmental Planning and Assessment Regulation 2000 The Environmental Planning and Assessment Regulation 2000 is amended as set out in Schedule 1.
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NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 10934 LEGISLATION 14 November 2008
Environmental Planning and Assessment Amendment (Reports) Regulation 2008
Amendments Schedule 1
Schedule 1 Amendments
(Clause 2) [1] Clause 3 Definitions Insert in alphabetical order in clause 3 (1): fire safety engineer means a person holding Category C10 accreditation under the Building Professionals Act 2005.
[2] Clause 130 Procedure for determining application for complying development certificate Omit clause 130 (2A). Insert instead: (2A) A certifying authority must not issue a complying development certificate for building work that involves an alternative solution under the Building Code of Australia in respect of a fire safety requirement unless the certifying authority has obtained or been provided with either or both of the following issued by a fire safety engineer: (a) a compliance certificate referred to in section 109C (1) (a) (v) of the Act that certifies that the alternative solution complies with the relevant performance requirements of the Building Code of Australia, (b) a written report that includes a statement that the alternative solution complies with the relevant performance requirements of the Building Code of Australia.
[3] Clauses 130 (2B) (a) and 144A (2) (a) Insert “or more” after “2,000 square metres” wherever occurring.
[4] Clauses 130 (2B) (b) (i) and 144A (2) (b) (i) Insert “more than” after “floor area of” wherever occurring.
[5] Clause 130 (2D) Insert after clause 130 (2C): (2D) A fire safety engineer may issue a written report under subclause (2A) (b) in respect of an alternative solution prepared by the engineer.
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NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 LEGISLATION 10935
Environmental Planning and Assessment Amendment (Reports) Regulation 2008
Schedule 1 Amendments
[6] Clause 144A (1) Omit the subclause. Insert instead: (1) A certifying authority must not issue a construction certificate for building work that involves an alternative solution under the Building Code of Australia in respect of a fire safety requirement unless the certifying authority has obtained or been provided with either or both of the following issued by a fire safety engineer: (a) a compliance certificate referred to in section 109C (1) (a) (v) of the Act that certifies that the alternative solution complies with the relevant performance requirements of the Building Code of Australia, (b) a written report that includes a statement that the alternative solution complies with the relevant performance requirements of the Building Code of Australia.
[7] Clause 144A (4) Insert after clause 144A (3): (4) A fire safety engineer may issue a written report under subclause (1) (b) in respect of an alternative solution prepared by the engineer.
[8] Clause 153A Omit the clause. Insert instead:
153A Compliance certificate required for certain fire safety aspects of building work (1) A certifying authority must not issue an occupation certificate for a building in respect of which a compliance certificate or report is required under clause 130 (2A) or 144A (1) (the first certificate or report) unless the certifying authority has obtained or been provided with either or both of the following issued by a fire safety engineer: (a) a compliance certificate referred to in section 109C (1) (a) (i) of the Act that certifies that the building work relating to the alternative solution that was the subject of the first certificate or report has been completed and complies with that alternative solution, (b) a written report that includes a statement that the building work relating to the alternative solution that was the subject of the first certificate or report has been completed and is consistent with that alternative solution.
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NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 10936 LEGISLATION 14 November 2008
Environmental Planning and Assessment Amendment (Reports) Regulation 2008
Amendments Schedule 1
(2) A fire safety engineer may issue a written report under subclause (1) (b), even if the engineer also issued a report under clause 130 (2A) (b) or 144A (1) (b) in respect of the work.
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NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 LEGISLATION 10937
New South Wales
Independent Pricing and Regulatory Tribunal Amendment (Country Energy) Regulation 2008
under the Independent Pricing and Regulatory Tribunal Act 1992
His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Independent Pricing and Regulatory Tribunal Act 1992.
NATHAN REES, M.P., Premier Explanatory note The object of this Regulation is to include Country Energy as a government agency in relation to which the Independent Pricing and Regulatory Tribunal is, under the Independent Pricing and Regulatory Tribunal Act 1992, to conduct investigations and make reports to the Premier on: (a) the determination of the pricing for a government monopoly service supplied by that agency (for example, water supply and sewerage services), and (b) a periodic review of pricing policies in respect of those services. This Regulation is made under the Independent Pricing and Regulatory Tribunal Act 1992, including sections 11 and 29 (the general regulation-making power).
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NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 10938 LEGISLATION 14 November 2008
Independent Pricing and Regulatory Tribunal Amendment (Country Energy) Clause 1 Regulation 2008
Independent Pricing and Regulatory Tribunal Amendment (Country Energy) Regulation 2008 under the Independent Pricing and Regulatory Tribunal Act 1992
1 Name of Regulation This Regulation is the Independent Pricing and Regulatory Tribunal Amendment (Country Energy) Regulation 2008.
2 Amendment of Independent Pricing and Regulatory Tribunal Act 1992 No 39 The Independent Pricing and Regulatory Tribunal Act 1992 is amended as set out in Schedule 1.
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NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 LEGISLATION 10939
Independent Pricing and Regulatory Tribunal Amendment (Country Energy) Regulation 2008
Amendment Schedule 1
Schedule 1 Amendment
(Clause 2) Schedule 1 Government agencies for which Tribunal has standing reference Insert “Country Energy” at the end of the Schedule.
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NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 10940 LEGISLATION 14 November 2008
New South Wales
Pesticides Amendment (Notification of Proposed Use) Regulation 2008
under the Pesticides Act 1999
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Pesticides Act 1999.
CARMEL TEBBUTT, M.P., MinisterMinister forfor ClimateClimate ChangeChange andand thethe EnvironmentEnvironment Explanatory note The object of this Regulation is to amend the Pesticides Regulation 1995: (a) to require a pest management technician to give notice of the proposed use of a pesticide before using a pesticide on land adjacent to certain sensitive places, and (b) to replace references to the Air Navigation Regulations of the Commonwealth with references to the appropriate provisions of the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988 of the Commonwealth, and (c) to provide that a public authority may, in a prescribed public place that is owned by or under the control of the public authority, allow another public authority to use a pesticide if that other authority has prepared, finalised and notified the Environment Protection Authority of a pesticide use notification plan and has given notice in accordance with that plan, and (d) to update references to the Food Standards Code of the Commonwealth, and to apply The MRL Standard—Maximum residue limits in food and animal feedstuff, published by the Australian Pesticides and Veterinary Medicines Authority, for the purpose of determining maximum permissible concentrations of certain substances in agricultural produce. This Regulation is made under the Pesticides Act 1999, including sections 46, 48, 63 and 119 (the general regulation-making power).
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NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 LEGISLATION 10941
Clause 1 Pesticides Amendment (Notification of Proposed Use) Regulation 2008
Pesticides Amendment (Notification of Proposed Use) Regulation 2008 under the Pesticides Act 1999
1 Name of Regulation This Regulation is the Pesticides Amendment (Notification of Proposed Use) Regulation 2008.
2 Amendment of Pesticides Regulation 1995 The Pesticides Regulation 1995 is amended as set out in Schedule 1.
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NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 10942 LEGISLATION 14 November 2008
Pesticides Amendment (Notification of Proposed Use) Regulation 2008
Amendments Schedule 1
Schedule 1 Amendments
(Clause 2) [1] Clause 3 Definitions Omit the definition of Food Standards Code from clause 3 (1). Insert instead: Food Standards Code means the Australia New Zealand Food Standards Code as defined in the Food Standards Australia New Zealand Act 1991 of the Commonwealth. MRL Standard means the document entitled The MRL Standard—Maximum residue limits in food and animal feedstuff published by the Australian Pesticides and Veterinary Medicines Authority.
[2] Clause 5 Particulars to accompany application for licence: section 46 Omit clause 5 (1). Insert instead: (1) For the purposes of section 46 (3) (c) of the Act, evidence that the applicant is the holder of an air operator’s certificate issued under Division 2 of Part III of the Civil Aviation Act 1988 of the Commonwealth is required.
[3] Clause 5 (2) (a) Omit the paragraph. Insert instead: (a) evidence that the applicant holds a current commercial pilot (aeroplane) licence or commercial pilot (helicopter) licence issued under the Civil Aviation Regulations 1988 of the Commonwealth endorsed with an agricultural rating, and
[4] Clause 6 Prescribed qualifications for issue of licence: section 48 Omit “the Air Navigation Regulations” from clause 6 (1). Insert instead “Division 2 of Part III of the Civil Aviation Act 1988”.
[5] Clause 6 (2) (a) Omit the paragraph. Insert instead: (a) the applicant holds a current commercial pilot (aeroplane) licence or commercial pilot (helicopter) licence issued under the Civil Aviation Regulations 1988 of the Commonwealth endorsed with an agricultural rating, and
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NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 LEGISLATION 10943
Pesticides Amendment (Notification of Proposed Use) Regulation 2008
Schedule 1 Amendments
[6] Clause 10 Omit the clause. Insert instead:
10 Prohibited residues: section 63 (1) For the purposes of paragraph (b) of the definition of agricultural produce in section 63 of the Act the following are prescribed as agricultural produce: (a) any produce of a kind referred to in Schedule 1 or 2 to Standard 1.4.2 of the Food Standards Code and any vegetation from which produce of a kind so referred to is obtained, (b) any produce, other than produce referred to in paragraph (a), of a kind referred to in the second column of Table 1 or 4 of the MRL Standard and any vegetation from which produce of a kind so referred to is obtained. (2) For the purposes of section 63 (2) (a) of the Act, the following are prescribed substances: (a) a substance referred to in the shaded boxes in Schedule 1 or 2 to Standard 1.4.2 of the Food Standards Code, (b) a substance specified in the first column of Table 1 or 4 of the MRL Standard. (3) For the purposes of section 63 (2) (a) of the Act: (a) the concentration of a prescribed substance specified in Schedule 1 or 2 to Standard 1.4.2 of the Food Standards Code in respect of any agricultural produce is prescribed as the maximum permissible concentration of that substance in respect of that produce, and (b) the concentration of a prescribed substance specified in the third column of Table 1 or 4 to the MRL standard in respect of any agricultural produce is prescribed as the maximum permissible concentration of that substance in respect of that produce. (4) If there is an inconsistency between the maximum permissible concentration prescribed by subclause (3) (a) and the maximum permissible concentration prescribed by subclause (3) (b) in respect of the same prescribed substance and agricultural produce, the maximum permissible concentration prescribed by subclause (3) (a) prevails.
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NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 10944 LEGISLATION 14 November 2008
Pesticides Amendment (Notification of Proposed Use) Regulation 2008
Amendments Schedule 1
[7] Clause 11HA Insert after clause 11H:
11HA Records to be provided to authorised officer on request A person required to keep a record under this Regulation must, on the request of an authorised officer, provide the authorised officer with a copy of the record within a reasonable period that is specified in the request. Maximum penalty: (a) in the case of a corporation—400 penalty units, and (b) in the case of an individual—200 penalty units.
[8] Part 4B Notification of proposed use of pesticide Omit Division 1 of Part 4B and the heading to Division 2. Insert instead: Division 1 Preliminary
[9] Clause 11J Definitions Omit “Division” from clause 11J (1). Insert instead “Part”.
[10] Clause 11J (1) Insert in alphabetical order: pest management technician means a person who: (a) holds a certificate of competency or recognised qualification (within the meaning of Part 9.1 of Chapter 9 of the Occupational Health and Safety Regulation 2001) in relation to the kind of work referred to under the subheading “Application of pesticides” or “Use of fumigants” in the Schedule to clause 266 of that Regulation, or (b) is a trainee doing work of the type referred to in paragraph (a) and who is excepted under clause 271 of that Regulation from the requirement of that Regulation to hold a certificate of competency or recognised qualification in relation to that work, or (c) holds a former authority (pest control operator’s licence) that is taken to be a certificate of competency under clause 268 of that Regulation.
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NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 LEGISLATION 10945
Pesticides Amendment (Notification of Proposed Use) Regulation 2008
Schedule 1 Amendments
[11] Part 4B, Division 2, heading Insert after clause 11J: Division 2 Notification by public authorities
[12] Clause 11K Obligations on public authorities concerning use of pesticide Insert after clause 11K (2): (3) Subclause (1) does not apply in respect of the use of pesticide in a prescribed public place that is owned by or is under the control of a public authority if the pesticide is used by another public authority and that other public authority has: (a) prepared, finalised and notified the Environment Protection Authority of a pesticide use notification plan in accordance with this Division, and (b) given public notice in accordance with that plan. (4) Subclause (1) does not apply in relation to the use of pesticide in public baths or in any swimming pool or spa.
[13] Clause 11L Contents of pesticide use notification plans Omit “owned by the public authority or under its control” from clause 11L (1).
[14] Clause 11L (2) (g) Omit “what will be included in that notification”. Insert instead “the information that will be provided to the affected persons that are notified”.
[15] Clause 11L (2) (k) Insert “or class of prescribed public places” after “prescribed public places”.
[16] Clause 11L (4) Insert after clause 11L (3): (4) Without limiting subclause (2) (f), a pesticide use notification plan may provide that the public authority will provide information to affected persons of the proposed use of pesticide in the prescribed public places by a combination of methods and, if the plan does so provide, must specify the information that will be provided by each method.
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NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 10946 LEGISLATION 14 November 2008
Pesticides Amendment (Notification of Proposed Use) Regulation 2008
Amendments Schedule 1
[17] Clause 11Q Definitions Omit the definition of pest management technician.
[18] Clause 11R Prior notice of application of pesticide to be given by management Omit clause 11R (3). Insert instead: (3) The notice must be given: (a) to each resident in person or by post, facsimile transmission, email or telephone or by placing a written notice in the resident’s letter box or under the resident’s front door, or (b) by placing a written notice: (i) on the main notice boards at the residential complex (if available), and (ii) if the pesticide is to be used in a common area within a building—at each entrance to the building concerned, and (iii) if the pesticide is to be used in a common area outside a building—at each entrance to each building adjoining the common area concerned.
[19] Clause 11R (7) Insert after clause 11R (6): (7) If notice required under subclause (1) is given in person or by telephone the pest management technician must make a record of the giving of the notice.
[20] Clause 11U Provision of Material Safety Data Sheet Omit “a person at”. Insert instead “a member of staff at”.
[21] Part 4B, Division 4 Insert after Division 3 of Part 4: Division 4 Notification by pest management technicians in relation to sensitive places
11W Application of Division (1) In this Division, sensitive place does not include a hospital. (2) This Division does not apply to any thing done before 1 September 2009.
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NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 LEGISLATION 10947
Pesticides Amendment (Notification of Proposed Use) Regulation 2008
Schedule 1 Amendments
11X Prior notice of application of pesticide to be given by pest management technician (1) A pest management technician must give notice in accordance with this Division, before spraying a pesticide outdoors, or injecting a pesticide into the ground outdoors, within 20 metres of any common boundary between the land on which the pesticide is to be used and a sensitive place. Maximum penalty: (a) in the case of a corporation—400 penalty units, and (b) in the case of an individual—200 penalty units. (2) If the premises of a sensitive place consist only of a building or part of a building, the reference in subclause (1) to within 20 metres of any common boundary between the land on which the pesticide is to be used and the sensitive place is to be read as a reference to within 20 metres of the building or part of the building. (3) A pest management technician does not commit an offence under subclause (1) if he or she could not have reasonably known that the place where the pesticide is to be used is within 20 metres of a common boundary between the land on which the pesticide is used and a sensitive place. (4) Nothing in this clause prevents a pest management technician from giving any other notice before using a pesticide whether or not within 20 metres of the boundary of a sensitive place.
11Y Form of notice (1) A pest management technician must give notice to the principal, director, manager or other person having the care, control or management of a sensitive place at least 5 working days before the proposed use of a pesticide. (2) The notice must be given in person or by post, facsimile transmission, email or telephone or by placing a written notice in the person’s letter box. (3) The notice must include the following: (a) the date, dates, or range of dates on which the pesticide will be used, (b) where the pesticide will be used, (c) the full product name of the pesticide that will be used, (d) the purpose for which the pesticide will be used,
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NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 10948 LEGISLATION 14 November 2008
Pesticides Amendment (Notification of Proposed Use) Regulation 2008
Amendments Schedule 1
(e) the period (if any) during which the affected area should not be entered (but only if the approved label for the pesticide or the permit for use of the pesticide requires that such a period be observed), (f) the contact details of the pest management technician, or of his or her office. (4) Despite subclause (1), a pest management technician may give the notice required by this clause immediately before the use of a pesticide in an emergency so as to deal with biting or dangerous pests (such as rodents, wasps, bees, venomous spiders, fleas, bird mites or similar creatures) as long as the technician makes a record, at that time, of the emergency and use of the pesticide. (5) It is sufficient compliance with subclause (1) that notice is provided in accordance with this clause to the agent of a person referred to in that subclause. (6) If notice required under subclause (1) is given in person or by telephone, the pest management technician must make a record of the giving of the notice.
11Z Provision of Material Safety Data Sheet If a person who is required to be notified under this Division makes a request to the pest management technician, or a member of staff at his or her office, to see a copy of the Material Safety Data Sheet for the relevant pesticide, the pest management technician must give the person, or ensure that the person is given, a copy of the Material Safety Data Sheet as soon as practicable after the request is made. Maximum penalty: (a) in the case of a corporation—30 penalty units, and (b) in the case of an individual—15 penalty units.
11ZA Records that must be kept A pest management technician who is required by this Division to give any notice or make any record must keep a paper copy of the notice or record for at least 3 years after the notice, or notice to which the record relates, was given. Maximum penalty: (a) in the case of a corporation—100 penalty units, and (b) in the case of an individual—50 penalty units.
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NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 LEGISLATION 10949
Pesticides Amendment (Notification of Proposed Use) Regulation 2008
Schedule 1 Amendments
[22] Clause 15 Insert after clause 14:
15 Savings and transitional provision A notice of the proposed use of a pesticide given in accordance with this Regulation, as in force immediately before the amendment of this Regulation by the Pesticides Amendment (Notification of Proposed Use) Regulation 2008, is taken to have been given in accordance with this Regulation as so amended.
[23] Schedule 1 Penalty notice offences Insert in order of provisions of the regulation:
Clause 11X (1) 400 800 Clause 11Z 100 200 Clause 11ZA 100 200
[24] Schedule 2 Qualifying examination Omit clause 4 of Schedule 2. Insert instead: 4 A candidate for examination must be the holder of a current commercial pilot (aeroplane) licence or commercial pilot (helicopter) licence issued under the Civil Aviation Regulations 1988 of the Commonwealth endorsed with an agricultural rating.
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NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 10950 LEGISLATION 14 November 2008
Orders
New South Wales
Independent Pricing and Regulatory Tribunal (Country Energy) Order 2008
under the Independent Pricing and Regulatory Tribunal Act 1992
I, NATHAN REES, Premier, in pursuance of section 4 of the Independent Pricing and Regulatory Tribunal Act 1992, make the following Order. I certify that the services specified in the following Order are services: (a) for which there are no other suppliers to provide competition in the part of the market concerned, and (b) for which there is no contestable market by potential suppliers in the short term in that part of the market. Dated, this 5th day of November 2008.
NATHAN REES, M.P., PremierPremier
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NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 LEGISLATION 10951
Clause 1 Independent Pricing and Regulatory Tribunal (Country Energy) Order 2008
Independent Pricing and Regulatory Tribunal (Country Energy) Order 2008 under the Independent Pricing and Regulatory Tribunal Act 1992
1 Name of Order This Order is the Independent Pricing and Regulatory Tribunal (Country Energy) Order 2008. 2 Declaration of government monopoly services The following services provided by Country Energy are declared to be government monopoly services: (a) water supply services, (b) sewerage services, (c) trade waste services, (d) ancillary and miscellaneous services for which no alternative supply exists and which relate to the provision of services of a kind referred to in paragraphs (a)–(c).
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NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 10952 LEGISLATION 14 November 2008
New South Wales
Special Contributions Area (Wyong Employment Zone) Order 2008
under the Environmental Planning and Assessment Act 1979
I, the Minister for Planning, in pursuance of section 94EG (1) of the Environmental Planning and Assessment Act 1979, do, by this my Order, amend Schedule 5A to that Act by inserting at the end of the Schedule (with appropriate numbering) the following matter: land within the local government area of Wyong shown edged heavy black on the map marked “Wyong Employment Zone—Special Contributions Area” deposited in the head office of the Department Dated, this 28th day of October 2008.
KRISTINA KENEALLY, M.P., Minister for Planning Explanatory note The object of this Order is to amend Schedule 5A to the Environmental Planning and Assessment Act 1979 so as to constitute certain land in the Wyong local government area as a special contributions area. This Order is made under section 94EG (1) of the Environmental Planning and Assessment Act 1979.
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NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 LEGISLATION 10953
New South Wales
Special Contributions Area (Warnervale) Order 2008
under the Environmental Planning and Assessment Act 1979 No 203
I, the Minister for Planning, in pursuance of section 94EG (1) of the Environmental Planning and Assessment Act 1979, do, by this my Order, amend Schedule 5A to that Act by inserting at the end of that Schedule (with appropriate numbering) the following matter: land shown edged heavy black on the map marked “Warnervale Town Centre—Special Contributions Area” deposited in the head office of the Department, as in force at the date of commencement of State Environmental Planning Policy (Major Projects) 2005 (Amendment No 24) Dated, this 30th day of October 2008.
KRISTINA KENEALLY, M.P., Minister for Planning Explanatory note The object of this Order is to amend Schedule 5A to the Environmental Planning and Assessment Act 1979 so as to constitute certain land at Warnervale as a special contributions area. This Order is made under section 94EG (1) of the Environmental Planning and Assessment Act 1979.
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NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 10954 OFFICIAL NOTICES 14 November 2008 OFFICIAL NOTICES Appointments
FAIR TRADING ACT 1987 Appointment PURSUANT to section 24 of the Fair Trading Act 1987, I appoint Elizabeth TYDD as Chairperson of the Products Safety Committee commencing on the date hereof. Dated this 6th day of November 2008. VIRGINIA JUDGE, M.P., Minister for Fair Trading
FAIR TRADING ACT 1987 Appointment PURSUANT to section 24 of the Fair Trading Act 1987, I appoint Peter SLATTERY as the Executive Offi cer of the Products Safety Committee commencing on the date hereof. Dated this 6th day of November 2008. VIRGINIA JUDGE, M.P., Minister for Fair Trading
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 OFFICIAL NOTICES 10955 Department of Lands
ARMIDALE OFFICE 108 Faulkner Street (PO Box 199A), Armidale NSW 2350 Phone: (02) 6770 3100 Fax (02) 6771 5348
ROADS ACT 1993 Notifi cation of Closing of Roads IN pursuance of the provisions of the Roads Act 1993, the roads hereunder described are closed and the lands comprised therein cease to be public road and the rights of passage and access that previously existed in relation to these roads 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 – Walcha; L.G.A. – Walcha Road Closed: Lot 10, DP 1097061 at Walcha, Parish and SCHEDULE 2 Town Walcha, County Vernon. Roads Authority: Armidale Dumaresq Council. File No.: AE05 H 114. File No.: AE07 H 18:W412810. Schedule Councils Reference: A02/0006-2. On closing, the land within Lot 10, DP 1097061 remains vested in the Walcha Council as Operational Land.
ROADS ACT 1993 ORDER Transfer of a Crown road to a Council IN pursuance of the provisions of section 151, Roads Act 1993, the Crown public roads specifi ed in each Schedule 1 are transferred to the Roads Authority specifi ed in the corresponding Schedule 2 hereunder, as from the date of publication of this notice and as from that date, the roads specifi ed in each Schedule 1, cease to be Crown public roads. TONY KELLY, M.L.C., Minister for Lands
SCHEDULE 1 Parish – Armidale; County – Sandon; Land District – Armidale; L.G.A. – Armidale Dumaresq The Crown road 20.115 metres wide at Armidale known as Arundel Drive North, as shown by solid black shading on the diagram hereunder.
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 10956 OFFICIAL NOTICES 14 November 2008
GRAFTON OFFICE 76 Victoria Street (Locked Bag 10), Grafton NSW 2460 Phone: (02) 6640 3400 Fax: (02) 6642 8124
ROADS ACT 1993 NOTIFICATION OF CLOSING OF ROAD Order IN pursuance of the provisions of the Roads Act 1993, the road hereunder described is closed and the land comprised Transfer of a Crown Road to a Council therein ceases to be a public road and the rights of passage IN pursuance of the provisions of section 151, Roads Act and access that previously existed in relation to the road are 1993, the Crown roads specifi ed in Schedule 1 are hereby extinguished. On road closing, title to the land comprising transferred to the Roads Authority specifi ed in Schedule 2 the former public road vests in the body specifi ed in the hereunder, as from the date of publication of this notice and Schedule hereunder. as from the date, the roads specifi ed in Schedule 1 ceases to TONY KELLY, M.L.C., be Crown roads. Minister for Lands TONY KELLY, M.L.C., Minister for Lands Description
Schedule 1 Land District – Casino; L.G.A. – Richmond Valley Road Closed: Lot 1, DP 1126112 at West Coraki, Parish Parish – Cudgen; County – Rous; West Coraki, County Richmond. Land District – Murwillumbah; Shire – Tweed Shire Council File No.: GF05 H 228. Crown public road within Lot 2, DP 1087662 and Lot Schedule 949, DP 864092. On closing, the land within Lot 1, DP 1126112 remains Width to be Transferred: 20.115 wide. vested in the State of New South Wales as Crown Land. Schedule 2 Description Roads Authority: Tweed Shire Council. Land District – Casino; L.G.A. – Kyogle Department of Lands Reference: 08/9532. Road Closed: Lots 1 and 2, DP 1131028 at Bingeebeebra Creek, Parish Dyraaba, County Rous. Schedule 1 File No.: GF05 H 366. Parish – East Gundurimba; County – County; Schedule Land District – Lismore; Shire – Lismore City Council On closing, the land within Lots 1 and 2, DP 1131028 Crown public road south of Lot 2, DP 701097 and Lot remains vested in the State of New South Wales as Crown 6, DP 247851. Land. Width to be Transferred: Whole width. Description Schedule 2 Roads Authority: Lismore City Council. Land District – Grafton; L.G.A. – Clarence Valley Road Closed: Lot 1, DP 1129611 at Palmers Island, Parish Department of Lands Reference: 08/7956. Taloumbi, County Clarence. Schedule 1 File No.: GF04 H 129. Parish – Medlow; County – Raleigh; Schedule Land District – Bellingen; On closing, the land within Lot 1, DP 1129611 remains Shire – Nambucca Shire Council vested in the State of New South Wales as Crown Land. Crown public road from Argues Road to Lot 22, DP 811095 known as Higginbotham Road. Description Width to be Transferred: Whole width. Land District – Lismore; L.G.A. – Ballina Schedule 2 Road Closed: Lot 1, DP 1127878 at Brooklet, Parish Teven, County Rous. Roads Authority: Nambucca Shire Council. File No.: GF05 H 138. Department of Lands Reference: 08/8145. Schedule On closing, the land within Lot 1, DP 1127878 remains vested in the State of New South Wales as Crown Land.
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 OFFICIAL NOTICES 10957
GRIFFITH OFFICE 2nd Floor, Griffith City Plaza, 120–130 Banna Avenue (PO Box 1030), Griffith NSW 2680 Phone: (02) 6962 3600 Fax: (02) 6962 5670
NOTIFICATION OF CLOSING OF PUBLIC ROAD Description IN pursuance of the provisions of the Roads Act 1993, the Parish – Fennel; County – Bourke; road hereunder described is closed and the land comprised Land of District – Narrandera; L.G.A. – Narrandera therein ceases to be a public road and the rights of passage Road Closed: Lot 2 in DP 1124367. and access that previously existed in relation to the road are extinguished. Upon closing, title to the land, comprising File No.: GH07 H 72 (MR). the former public road, vests in the body specifi ed in the Schedule Schedule hereunder. On closing, title to the land comprised in Lot 2 remains TONY KELLY, M.L.C., vested the Crown as Crown Land. Minister for Lands Description Description Parish – Whoyeo; County – Dowling; Parish – Fennel and Boblegigbie; County – Bourke; Land of District – Lake Cargelligo; L.G.A. – Lachlan Land of District – Narrandera; L.G.A. – Narrandera Road Closed: Lot 1 in DP 1129427. Road Closed: Lot 1 in DP 1124367. File No.: GH07 H 112 (MR). File No.: GH07 H 71 (MR). Schedule Schedule On closing, title to the land comprised in Lot 1 remains On closing, title to the land comprised in Lot 1 remains vested the Crown as Crown Land. vested the Crown as Crown Land.
MAITLAND OFFICE Corner Newcastle Road and Banks Street (PO Box 6), East Maitland NSW 2323 Phone: (02) 4937 9300 Fax: (02) 4934 2252
NOTICE OF PUBLIC PURPOSE PURSUANT TO SECTION 121A OF THE CROWN LANDS ACT 1989 PURSUANT to section 121A of the Crown Lands Act 1989, the Crown reserve specifi ed in Column 1 of the Schedule is to be occupied for the additional purpose specifi ed in Column 2 of the Schedule. TONY KELLY, M.L.C., Minister for Lands
SCHEDULE Column 1 Column 2 Reserve No.: 56681. Recreation Facilities and Public Purpose: Public Services, Tourist Facilities recreation. and Services. Notifi ed: 23 December 1923. Locality: Merewether.
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 10958 OFFICIAL NOTICES 14 November 2008
ORANGE OFFICE 92 Kite Street (PO Box 2146), Orange NSW 2800 Phone: (02) 6391 4300 Fax: (02) 6362 3896
APPOINTMENT OF TRUST BOARD MEMBERS Term of Offi ce PURSUANT to section 93 of the Crown Lands Act 1989, For a term commencing 28 November 2008 and expiring the persons whose names are specifi ed in Column 1 of the 27 November 2013. Schedules hereunder, are appointed for the terms of offi ce SCHEDULE 4 specifi ed, as members of the trust board for the reserve trust specifi ed opposite thereto in Column 2, which has been Column 1 Column 2 Column 3 established and appointed as trustee of the reserve referred Colin Rupert Trundle Rest Reserve No.: 66045. to opposite thereto in Column 3 of the Schedules. GRINTER Shelter Reserve Public Purpose: Shelter. (new member), Trust. Notifi ed: 5 June 1936. TONY KELLY, M.L.C., George Arthur File No.: OE80 R 326. Minister for Lands BERRY (re-appointment), SCHEDULE 1 Thomas MORGAN (re-appointment). Column 1 Column 2 Column 3 Rodney Edward Nelungaloo Reserve No.: 65805. Term of Offi ce BARNES Public Hall and Public Purpose: Public hall. For a term commencing 5 December 2008 and expiring (new member), Recreation Notifi ed: 7 February 1936. 4 December 2013. Darren Reserve Trust. LYDFORD Reserve No.: 81422. SCHEDULE 5 (new member), Public Purpose: Public Column 1 Column 2 Column 3 Brett Anthony PREISIG recreation. (new member), Notifi ed: 27 February 1959. Ricky Michael Ilford Reserve No.: 29265. Thomas John FREEMAN File No.: OE80 R 307. STAFFORD Recreation Public Purpose: Public (re-appointment), (new member), Reserve Trust. recreation. Leslie Owen BARNES Tania Gaye SELBY Notifi ed: 22 April 1899. (re-appointment). (re-appointment), File No.: OE80 R 59. Geoffrey Thompson MOORE Term of Offi ce (re-appointment), For a term commencing 28 November 2008 and expiring Noella B MOORE 27 November 2013. (re-appointment), Wendy Anne MURPHY (re-appointment), SCHEDULE 2 Margaret Elizabeth WEATHERLY Column 1 Column 2 Column 3 (re-appointment), Bruce Philip Peel Recreation Reserve No.: 88996. Gregory Stephen GARLINGE ANDREWS Reserve Trust. Public Purpose: Public (re-appointment). (new member), recreation. Term of Offi ce William Mark ADAMS Notifi ed: 31 August 1973. (new member), File No.: OE80 R 197. For a term commencing 19 December 2008 and expiring Christine Patricia PORTER 18 December 2013. (new member), Vanessa Jane WHITE SCHEDULE 6 (re-appointment), Column 1 Column 2 Column 3 John FRY Val FENN Mount Rankin Reserve No.: 1001055. (re-appointment), (new member), (R1001055) Public Purpose: Bettina CONOLAN Primrose RAINE Reserve Trust. Environmental protection. (re-appointment). (re-appointment), Notifi ed: 20 February 1998. Term of Offi ce Olly FORMAN File No.: OE98 R 5. For a term commencing 5 December 2008 and expiring (re-appointment). 4 December 2013. Term of Offi ce For a term commencing 28 November 2008 and expiring SCHEDULE 3 27 November 2013. Column 1 Column 2 Column 3 SCHEDULE 7 Patrick Brian Sally’s Flat Reserve No.: 50094. TOMLINSON Recreation Public Purpose: Public Column 1 Column 2 Column 3 (re-appointment), Ground Trust. recreation. James Drummond Bedgerebong Dedication No.: 1004228. Vera Jean Notifi ed: 29 July 1914. RODGERS Cemetery Trust. Public Purpose: Cemetery. TOMLINSON File No.: OE81 R 82. (new member), Notifi ed: 6 November 1895. (re-appointment), Kenneth Charles Murray Ian PRICE NOAKES Reserve No.: 23069. (re-appointment), (re-appointment), Public Purpose: Plantation Nella PRICE Murray Neville BROWN to cemetery. (re-appointment), (re-appointment), Notifi ed: 6 November 1895. Ian Stanley PRICE Thomas James BROWN File No.: OE02 R 2. (re-appointment). (re-appointment).
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 OFFICIAL NOTICES 10959
Term of Offi ce Lot 12, section 22, DP No. 758446, For a term commencing 28 November 2008 and expiring Parish Gindantherie, County Cook; 27 November 2013. Lot 13, section 22, DP No. 758446, Parish Gindantherie, County Cook; Lot 14, section 22, DP No. 758446, REVOCATION OF RESERVATION OF CROWN Parish Gindantherie, County Cook; LAND Lot 15, section 22, DP No. 758446, Parish Gindantherie, County Cook; PURSUANT to section 90 of the Crown Lands Act 1989, Lot 17, section 22, DP No. 758446, the reservation of Crown Land specifi ed in Column 1 of Parish Gindantherie, County Cook; the Schedule hereunder, is revoked to the extent specifi ed Lot 18, section 22, DP No. 758446, opposite thereto in Column 2 of the Schedule. Parish Gindantherie, County Cook; TONY KELLY, M.L.C., Lot 7, section 6, DP No. 758446, Minister for Lands Parish Gindantherie, County Cook; Lot 16, section 9, DP No. 758770, SCHEDULE Parish Gindantherie, County Cook; Lot 17, section 9, DP No. 758770, Column 1 Column 2 Parish Gindantherie, County Cook; Land District: Lithgow. The part being Lot 20, Lot 5, section 8, DP No. 758770, Local Government Area: section 10, DP No. 758446, Parish Gindantherie, County Cook; Lithgow City Council. Parish Gindantherie, County Lot 6, section 8, DP No. 758770, Locality: Parish Gindantherie, Cook; Lot 7, section 10, Parish Gindantherie, County Cook; County Cook. DP No. 758446, Parish Lot 8, section 8, DP No. 758770, Reserve No.: 751639. Gindantherie, County Cook, Parish Gindantherie, County Cook; Public Purpose: Future public of an area of 1138 square Lot 12, section 9, DP No. 758770, requirements. metres. Parish Gindantherie, County Cook; Notifi ed: 29 June 2007. Lot 14, section 9, DP No. 758770, Lot PT PT1, DP No. 751639, Parish Gindantherie, County Cook; Parish Gindantherie, County Cook; Lot 19, section 9, DP No. 758770, Lot 20, section 3, DP No. 758446, Parish Gindantherie, County Cook; Parish Gindantherie, County Cook; Lot 20, section 9, DP No. 758770, Lot 16, section 22, DP No. 758446, Parish Gindantherie, County Cook; Parish Gindantherie, County Cook; Lot 10, section 9, DP No. 758770, Lot 3, section 8, DP No. 758770, Parish Gindantherie, County Cook; Parish Gindantherie, County Cook; Lot 4, section 10, DP No. 758770, Lot 11, section 9, DP No. 758770, Parish Gindantherie, County Cook; Parish Gindantherie, County Cook; Lot 5, section 10, DP No. 758770, Lot 2, section 9, DP No. 758770, Parish Gindantherie, County Cook; Parish Gindantherie, County Cook; Lot 6, section 10, DP No. 758770, Lot 7, section 10, DP No. 758770, Parish Gindantherie, County Cook; Parish Gindantherie, County Cook; Lot 8, section 10, DP No. 758770, Lot 7, section 10, DP No. 758446, Parish Gindantherie, County Cook; Parish Gindantherie, County Cook; Lot 9, section 10, DP No. 758770, Lot 23, section 6, DP No. 758446, Parish Gindantherie, County Cook; Parish Gindantherie, County Cook; Lot 10, section 10, DP No. 758770, Lot 10, section 3, DP No. 758446, Parish Gindantherie, County Cook; Parish Gindantherie, County Cook; Lot 6, section 10, DP No. 758446, Lot 19, section 3, DP No. 758446, Parish Gindantherie, County Cook; Parish Gindantherie, County Cook; Lot 20, section 10, DP No. 758446, Lot 22, section 3, DP No. 758446, Parish Gindantherie, County Cook; Parish Gindantherie, County Cook; Lot 21, section 10, DP No. 758446, Lot 18, section 3, DP No. 758446, Parish Gindantherie, County Cook; Parish Gindantherie, County Cook; Lot 22, section 10, DP No. 758446, Lot 21, section 3, DP No. 758446, Parish Gindantherie, County Cook; Parish Gindantherie, County Cook; Lot 21, section 6, DP No. 758446, Lot 22, DP No. 751639, Parish Gindantherie, County Cook; Parish Gindantherie, County Cook; Lot 22, section 6, DP No. 758446, Lot 11, section 22, DP No. 758446, Parish Gindantherie, County Cook. Parish Gindantherie, County Cook; File No.: OE02 H 105.
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 10960 OFFICIAL NOTICES 14 November 2008
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
ASSIGNMENT OF NAME TO A RESERVE TRUST NOTIFICATION OF CLOSING OF ROADS PURSUANT to paragraph 4(3) of Schedule 8 of the Crown IN pursuance of the provisions of the Roads Act 1993, the Lands Act 1989, the name specifi ed in Column 1 of the roads hereunder specifi ed are closed and the roads cease to Schedule is assigned to the reserve trust constituted as trustee be public roads and the rights of passage and access that for the reserve specifi ed in Column 2 of the Schedule. previously existed in relation to the roads are extinguished. TONY KELLY, M.L.C., TONY KELLY, M.L.C., Minister for Lands Minister for Lands
SCHEDULE Description Column 1 Column 2 Land District – Metropolitan; L.G.A. – Blacktown Lidcombe Charitable Reserve 97106 at Lidcombe, Lot 1, DP 1130990 at Glendenning, Parish Rooty Hill, Organisations (R97106) notifi ed for the purpose of County Cumberland. Reserve Trust. charitable organisations on 30 December 1983. File No.: 07/3642. File No.: MN83 R 10/3. Notes: 1] On closing, title for the land in Lot 1 remains vested in Blacktown City Council as operational land. 2] The road is closed subject to the easement to drain water, variable width as shown in DP 1130990.
Description Land District – Metropolitan; L.G.A. – Blacktown Lots 1 and 2, DP 1131526 at Hassall Grove, Parish Rooty Hill, County Cumberland. File No.: 08/2274. Notes: 1] On closing, title for the land in Lots 1 and 2 remains vested in Blacktown City Council as operational land. 2] The road is closed subject to the easement to drain water, 3 wide as shown in DP 1131526.
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 OFFICIAL NOTICES 10961
TAREE OFFICE 98 Victoria Street (PO Box 440), Taree NSW 2430 Phone: (02) 6591 3500 Fax: (02) 6552 2816
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 – Kempsey; L.G.A. – Kempsey Road Closed: Lot 1, DP 1131022 at Moparrabah, Parish Parrabel, County Dudley. File No.: TE05 H 185. Schedule On closing, the land within Lot 1, DP 1131022 remains vested in the State of New South Wales as Crown Land.
Description Land District – Taree; L.G.A. – Greater Taree Road Closed: Lot 1, DP 1128059 at Johns River, Parish Johns River, County Macquarie. File No.: GF05 H 184. Schedule On closing, the land within Lot 1, DP 1128059 remains vested in the State of New South Wales as Crown Land.
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 10962 OFFICIAL NOTICES 14 November 2008
WESTERN REGION OFFICE 45 Wingewarra Street (PO Box 1840), Dubbo NSW 2830 Phone: (02) 6883 3000 Fax: (02) 6883 3099
GRANTING OF A WESTERN LANDS LEASE (c) The lessee expressly agrees that the obligations of the lessee under this clause shall continue after the IT is hereby notifi ed that under the provisions of section 28A expiration or other determination of this Lease in of the Western Lands Act 1901, the Western Lands Lease of respect of any act deed matter or thing occurring the land specifi ed has been granted to the undermentioned before such expiration or determination. persons. (4) The lessee will (without in any way limiting the liability The lease is subject to the provisions of the Western of the lessee under any other provision of this lease) Lands Act 1901 and the Regulations thereunder and to the forthwith take out and thereafter during the Term keep special conditions, provisions, exceptions, covenants and current a public risk insurance policy for $10,000,000 reservations set out hereunder. for any one claim (or such other reasonable amount as The land is to be used only for the purpose for which the the Minister may from time to time specify in writing lease is granted. to the lessee) whereby the Minister shall during the continuance of this lease be indemnifi ed against all All amounts due and payable to the Crown must be paid actions suits claims demands proceedings losses to the Department of Lands by the due date. damages compensations costs charges and expenses mentioned or referred to in this lease to which the TONY KELLY, M.L.C., Minister shall or may be liable. Minister for Lands (5) The rent of the lease shall be assessed in accordance Administrative District – Broken Hill; with Part 6 of the Western Lands Act 1901. Shire – Unincorporated Area; Parish – Bray; County –Yancowinna (6) The rent shall be due and payable annually in advance on 1 July in each year. Western lands Lease 14202 was granted to Broken Hill Gateway Investments Pty Ltd, comprising Allotment 21 (7) (a) “GST” means any tax on goods and/or services, Section 24 DP 758905 (Folio Identifi er 21/24/758905) of including any value-added tax, broad-based 998 square metres at Silverton, for the purpose of Business consumption tax or other similar tax introduced Purposes (Studio and Art Gallery) for a term in perpetuity in Australia. commencing 7 November 2008. “GST law” includes any Act, order, ruling or Papers: WLL 14202. regulation, which imposes or otherwise deals with the administration or imposition of a GST in CONDITIONS AND RESERVATIONS TO ATTACH TO Australia. WESTERN LANDS LEASE 14202 (b) Notwithstanding any other provision of this (1) In the conditions annexed to the lease, the expression Agreement: “the Minister” means the Minister administering the Western Lands Act 1901, and any power, authority, (i) If a GST applies to any supply made by duty or function conferred or imposed upon the Minister either party under or in connection with this by or under those conditions may be exercised or Agreement, the consideration provided or to be performed either by the Minister or by such offi cers provided for that supply will be increased by of the Department of Lands as the Minister may from an amount equal to the GST liability properly time to time approve. incurred by the party making the supply. (ii) If the imposition of a GST or any subsequent (2) In these conditions and reservations the expression “the change in the GST law is accompanied by or Commissioner” means the Commissioner charged with undertaken in connection with the abolition the administration of the Western Lands Act 1901 (“the of or reduction in any existing taxes, duties Act”) in accordance with section 4(2) of the Act. or statutory charges (in this clause “taxes”), (3) (a) For the purposes of this clause the term Lessor the consideration payable by the recipient of shall include Her Majesty the Queen Her Heirs and the supply made under this Agreement will Successors the Minister and the agents servants be reduced by the actual costs of the party employees and contractors of the Lessor Her making the supply that are reduced directly or Majesty Her Majesty’s Heirs and Successors and indirectly as a consequence of the abolition of the Minister. or reduction in taxes. (b) The lessee agrees to occupy use and keep the (8) The lessee shall pay all rates and taxes assessed on or Premises at the risk of the lessee and hereby releases in respect of the land leased during the currency of the to the full extent permitted by law the Lessor from lease. all claims and demands of every kind resulting from any accident damage or injury occurring therein (9) The lessee shall hold and use the land leased bona fi de and the lessee EXPRESSLY AGREES that the for the lessee’s own exclusive benefi t and shall not Lessor shall have no responsibility or liability for transfer, convey or assign the land or any portion thereof any loss of or damage to fi xtures and/or the personal without having fi rst obtained the written consent of the property of the lessee. Minister. NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 OFFICIAL NOTICES 10963
(10) The lessee shall not enter into a sublease of the land (18) The lessee shall not erect or permit any person to erect leased unless the sublease specifi es the purpose for any new dwellings, structures or fencing, or extend which the land may be used under the sublease, and it any existing buildings on the land lease except in is a purpose which is consistent with the purpose for accordance with plans and specifi cation approved by which the land may be used under this lease. the Western Lands Commissioner. (11) If the lessee enters into a sublease of the land leased, (19) The lessee shall ensure that any external restoration the lessee must notify the Commissioner of the granting or maintenance of existing buildings is in accordance of the sublease within 28 days after it is granted. with the Department’s Draft Heritage Conservation and Development Policy. (12) The land leased shall be used only for the purpose of Business (Studio and Art Gallery) (20) The lessee shall ensure that the land leased is kept (13) The lessee shall maintain and keep in reasonable in a neat and tidy condition to the satisfaction of the repair all improvements on the land leased during the Commissioner and not permit refuse to accumulate on currency of the lease and shall permit the Minister or the land. the Commissioner or any person authorised by the (21) Upon termination or forfeiture of the lease the Minister or the Commissioner at all times to enter upon Commissioner may direct that the former lessee shall and examine the whole or any part of the land leased remove any structure or material from the land at his and the buildings or other improvements thereon. own cost and without compensation. Where such a (14) All minerals within the meaning of the Mining Act direction has been given the former lessee shall leave 1992, and all other metals, gemstones and semiprecious the land in a clean and tidy condition free from rubbish stones, which may be in, under or upon the land leased and debris. are reserved to the Crown and the lessee shall permit (22) The lessee shall pay to the Crown the proportional any person duly authorised in that behalf to enter upon part of the costs of road construction as notifi ed by the the land leased and search, work, win and remove all Department of Lands within 3 months of the date of or any minerals, metals, gemstones and semiprecious gazettal of the granting. stones in, under or upon the land leased. (23) The lessee shall, within 1 year from the date of (15) Mining operations may be carried on, upon and in commencement of the lease or such further period the lands below the land leased and upon and in the as the Commissioner may allow, enclose the land lands adjoining the land leased and the lands below leased, either separately or conjointly with other lands those lands and metals and minerals may be removed held in the same interest, with a suitable fence to the therefrom and the Crown and any lessee or lessees satisfaction of the Commissioner. under any Mining Act or Acts shall not be subject to any proceedings by way of injunction or otherwise (24) If the lessee is an Australian registered company than in respect of or be liable for any damage occasioned the following conditions shall apply: by the letting down, subsidence or lateral movement I The Lessee will advise the Commissioner of of the land leased or any part thereof or otherwise by the name, address and telephone number of the reason of the following acts and matters, that is to say, Lessee’s company secretary, that person being by reason of the Crown or any person on behalf of the a person nominated as a representative of the Crown or any lessee or lessees, having worked now company in respect of any dealings to be had with or hereafter working any mines or having carried on the company. The Lessee agrees to advise the or now or hereafter carrying on mining operations or Commissioner of any changes in these details. having searched for, worked, won or removed or now or II Any change in the shareholding of the Lessee’s hereafter searching for, working, winning or removing company which alters its effective control of any metals or minerals under, in or from the lands lying the lease from that previously known to the beneath the land leased or any part thereof, or on, in, Commissioner shall be deemed an assignment by under or from any other lands situated laterally to the the Lessee. land leased or any part thereof or the lands lying beneath those lands, and whether on or below the surface of III Where any notice or other communication is those other lands and by reason of those acts and matters required to be served or given or which may or in the course thereof the Crown reserves the liberty be convenient to be served or given under or in and authority for the Crown, any person on behalf of connection with this lease it shall be suffi ciently the Crown and any lessee or lessees from time to time executed if it is signed by the company secretary. to let down without payment of any compensation any IV A copy of the company’s annual fi nancial balance part of the land leased or of the surface thereof. sheet or other fi nancial statement which gives a true and fair view of the company’s state of affairs as (16) The lessee shall comply with the provisions of the at the end of each fi nancial year is to be submitted Local Government Act 1993, and of the ordinances to the Commissioner upon request. made thereunder. (17) The lessee shall effectively prevent any interference with the amenity of the locality by reason of the GRANTING OF A WESTERN LANDS LEASE emission from the land leased of noise, vibration, smell, fumes, smoke, vapour, steam, soot ash, dust, IT is hereby notifi ed that under the provisions of section 28A waste water, waste products, grit or oil or otherwise, of the Western Lands Act 1901, the Western Lands Lease of and when directed by the Commissioner shall abate the land specifi ed has been granted to the undermentioned that interference forthwith. persons. NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 10964 OFFICIAL NOTICES 14 November 2008
The lease is subject to the provisions of the Western (b) Notwithstanding any other provision of this Lands Act 1901 and the Regulations thereunder and to the Agreement: special conditions, provisions, exceptions, covenants and (i) If a GST applies to any supply made by reservations set out hereunder. either party under or in connection with this Agreement, the consideration provided or to be The land is to be used only for the purpose for which the provided for that supply will be increased by lease is granted. an amount equal to the GST liability properly All amounts due and payable to the Crown must be paid incurred by the party making the supply. to the Department of Lands by the due date. (ii) If the imposition of a GST or any subsequent change in the GST law is accompanied by or TONY KELLY, M.L.C., undertaken in connection with the abolition Minister for Lands of or reduction in any existing taxes, duties or statutory charges (in this clause “taxes”), Administrative District – Broken Hill; the consideration payable by the recipient of Shire – Unincorporated Area; the supply made under this Agreement will Parishes – Nettlegoe and Paringi; County – Menindee be reduced by the actual costs of the party making the supply that are reduced directly or Western lands Lease 16178 was granted to Tandou indirectly as a consequence of the abolition of Limited, comprising Lot 6194 DP 765499 (folio identifi er or reduction in taxes. 6194/765499) of 524.5 hectares at Broken Hill, for the purpose of “Grazing” for a term of 20 years commencing (7) The lessee shall pay all rates and taxes assessed on or 29 July 2008 and expiring 28 July 2028. in respect of the land leased during the currency of the lease. Papers: WLL 16178. (8) The lessee shall hold and use the land leased bona fi de CONDITIONS AND RESERVATIONS ATTACHED TO for the lessee’s own exclusive benefi t and shall not WESTERN LANDS LEASE 16178 transfer, convey or assign the land or any portion thereof without having fi rst obtained the written consent of the (1) In the conditions annexed to the lease, the expression Minister. “the Minister” means the Minister administering the Western Lands Act 1901, and any power, authority, (9) The lessee shall not enter into a sublease of the land duty or function conferred or imposed upon the Minister leased unless the sublease specifi es the purpose for by or under those conditions may be exercised or which the land may be used under the sublease, and it performed either by the Minister or by such offi cers is a purpose which is consistent with the purpose for of the Department of Lands as the Minister may from which the land may be used under this lease. time to time approve. (10) If the lessee enters into a sublease of the land leased, the lessee must notify the Commissioner of the granting (2) In these conditions and reservations the expression “the of the sublease within 28 days after it is granted. Commissioner” means the Commissioner charged with the administration of the Western Lands Act 1901 (“the (11) The land leased shall be used only for the purpose of Act”) in accordance with section 4(2) of the Act. “Grazing”. (3) (a) For the purposes of this clause the term Lessor (12) The lessee shall maintain and keep in reasonable shall include Her Majesty the Queen Her Heirs and repair all improvements on the land leased during the Successors the Minister and the agents servants currency of the lease and shall permit the Minister or employees and contractors of the Lessor Her the Commissioner or any person authorised by the Majesty Her Majesty’s Heirs and Successors and Minister or the Commissioner at all times to enter upon the Minister. and examine the whole or any part of the land leased and the buildings or other improvements thereon. (d) The lessee expressly agrees that the obligations of the Holder under this clause shall continue after the (13) All minerals within the meaning of the Mining Act expiration or sooner determination of this Lease in 1992, and all other metals, gemstones and semiprecious respect of any act deed matter or thing occurring stones, which may be in, under or upon the land leased before such expiration or determination. are reserved to the Crown and the lessee shall permit any person duly authorised in that behalf to enter upon (4) The rent of the lease shall be assessed in accordance the land leased and search, work, win and remove all with Part 6 of the Western Lands Act 1901. or any minerals, metals, gemstones and semiprecious stones in, under or upon the land leased. (5) The rent shall be due and payable annually in advance on 1 July in each year. (14) Mining operations may be carried on, upon and in the lands below the land leased and upon and in the (6) (a) “GST” means any tax on goods and/or services, lands adjoining the land leased and the lands below including any value-added tax, broad-based those lands and metals and minerals may be removed consumption tax or other similar tax introduced therefrom and the Crown and any lessee or lessees in Australia. under any Mining Act or Acts shall not be subject to “GST law” includes any Act, order, ruling or any proceedings by way of injunction or otherwise regulation, which imposes or otherwise deals in respect of or be liable for any damage occasioned with the administration or imposition of a GST in by the letting down, subsidence or lateral movement Australia. of the land leased or any part thereof or otherwise by NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 OFFICIAL NOTICES 10965
reason of the following acts and matters, that is to say, information the purpose of such reserve and, in fencing by reason of the Crown or any person on behalf of the the land leased, the lessee shall provide gates and Crown or any lessee or lessees, having worked now other facilities for the entrance and exit of travelling or hereafter working any mines or having carried on stock, teamsters and others. The notice board, gates or now or hereafter carrying on mining operations or and facilities shall be erected and maintained to the having searched for, worked, won or removed or now or satisfaction of the Commissioner. The lessee shall not hereafter searching for, working, winning or removing overstock, wholly or in part, the areas leased within the any metals or minerals under, in or from the lands lying reserve, the decision as to overstocking resting with the beneath the land leased or any part thereof, or on, in, Commissioner. under or from any other lands situated laterally to the land leased or any part thereof or the lands lying beneath (24) The Crown shall not be responsible to the lessee or the those lands, and whether on or below the surface of lessee’s successors in title for provision of access to the those other lands and by reason of those acts and matters land leased. or in the course thereof the Crown reserves the liberty (25) The Lessee shall comply with the provisions of the and authority for the Crown, any person on behalf of Native Vegetation Act 2003 and any regulations made the Crown and any lessee or lessees from time to time in pursuance of that Act. to let down without payment of any compensation any part of the land leased or of the surface thereof. (26) The lessee shall comply with requirements of section 18DA of the Western Lands Act 1901 which provides (15) The lessee shall comply with the provisions of the that except in circumstances referred to in subsection Local Government Act 1993, and of the ordinances (3) of that section, cultivation of the land leased or made thereunder. occupied may not be carried out unless the written (16) The lessee shall not erect or permit any person to consent of the Department has fi rst been obtained and erect any buildings or extend any existing buildings any condition to which the consent is subject under sub on the land leased except to the satisfaction of the section (6) is complied with. Commissioner. (27) Notwithstanding any other condition annexed to the (17) The lessee shall ensure that the land leased is kept lease, the lessee shall, in removing timber for the in a neat and tidy condition to the satisfaction of the purpose of building, fencing or fi rewood, comply with Commissioner and not permit refuse to accumulate on the routine agricultural management activities listed in the land. the Native Vegetation Act 2003. (a) between the banks of, and within strips at least (18) Upon termination or forfeiture of the lease the 20 metres wide along each bank of, any creek or Commissioner may direct that the former lessee shall defi ned watercourse; remove any structure or material from the land at his own cost and without compensation. Where such a (b) within strips at least 30 metres wide on each side direction has been given the former lessee shall leave of the centre line of any depression, the sides of the land in a clean and tidy condition free from rubbish which have slopes in excess of 1 (vertically) in 4 and debris. (horizontally), that is, approximately 14 degrees; (c) where the slopes are steeper than 1 (vertically) in 3 (19) The lessee shall, within 1 year from the date of (horizontally), that is, approximately 18 degrees; commencement of the lease or such further period as the Commissioner may allow, enclose the land (d) within strips not less than 60 metres wide along the leased, either separately or conjointly with other lands tops of any ranges and main ridges; held in the same interest, with a suitable fence to the (e) not in contravention of section 21CA of the Soil satisfaction of the Commissioner. Conservation Act 1938. (20) The lessee shall not obstruct or interfere with any In addition to the foregoing requirements of this reserves, roads or tracks on the land leased, or the lawful condition, the lessee shall preserve on so much of the use thereof by any person. land leased as is not the subject of a clearing licence (where possible, in well distributed clumps or strips) not (21) The lessee shall erect gates on roads within the land less than an average of 30 established trees per hectare, leased when and where directed by the Commissioner together with any other timber, vegetative cover or any for public use and shall maintain those gates together regeneration thereof which may, from time to time, with approaches thereto in good order to the satisfaction be determined by the Commissioner to be useful or of the Commissioner. necessary for soil conservation or erosion mitigation (22) The right is reserved to the public of free access to, and purposes or for shade and shelter. passage along, the bank of any watercourse adjoining (28) The lessee shall not interfere with the timber on any of the land leased and the lessee shall not obstruct access the land leased which is within a State forest, timber or passage by any member of the public to or along the reserve or fl ora reserve unless authorisation has been bank. obtained under the provisions of the Forestry Act (23) Any part of a reserve for travelling stock, camping 1916 and shall not prevent any person or persons duly or water supply within the land leased shall, during authorised in that behalf from taking timber on the land the whole currency of the lease, be open to the use leased. The lessee shall not have any property right in of bona fide travellers, travelling stock, teamsters the timber on the land leased and shall not ringbark, and carriers without interference or annoyance by the kill, destroy or permit the killing or destruction of any lessee and the lessee shall post in a conspicuous place timber unless authorised under the Forestry Act 1916 on the reserve a notice board indicating for public or unless approval has been issued in accordance with NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 10966 OFFICIAL NOTICES 14 November 2008
the Native Vegetation Act 2003, but the lessee may take (38) If the lessee is an Australian registered company than such timber as the lessee may reasonably require for use the following conditions shall apply: on the land leased, or on any contiguous land held in I The Lessee will advise the Commissioner of the same interest, for building, fencing or fi rewood. the name, address and telephone number of the (29) The lessee shall take all necessary steps to protect the Lessee’s company secretary, that person being land leased from bush fi re. a person nominated as a representative of the company in respect of any dealings to be had with (30) The lessee shall, as the Commissioner may from time the company. The Lessee agrees to advise the to time direct, foster and cultivate on the land leased Commissioner of any changes in these details. such edible shrubs and plants as the Commissioner II Any change in the shareholding of the Lessee’s may consider can be advantageously and successfully company which alters its effective control of cultivated. the lease from that previously known to the (31) Whenever so directed by the Commissioner, the lessee Commissioner shall be deemed an assignment by shall, on such part or parts of the land leased as shall the Lessee. be specifi ed in the direction, carry out agricultural III Where any notice or other communication is practices, or refrain from agricultural practices, of such required to be served or given or which may types and for such periods as the Commissioner may be convenient to be served or given under or in in the direction specify. connection with this lease it shall be suffi ciently (32) The lessee shall not overstock, or permit or allow to executed if it is signed by the company secretary. be overstocked, the land leased and the decision of the IV A copy of the company’s annual fi nancial balance Commissioner as to what constitutes overstocking shall sheet or other fi nancial statement which gives a true be fi nal and the lessee shall comply with any directions and fair view of the company’s state of affairs as of the Commissioner to prevent or discontinue at the end of each fi nancial year is to be submitted overstocking. to the Commissioner upon request. (33) The lessee shall, if the Commissioner so directs, prevent the use by stock of any part of the land leased for such GRANTING OF A WESTERN LANDS LEASE periods as the Commissioner considers necessary to permit of the natural reseeding and regeneration IT is hereby notifi ed that under the provisions of Section 28A of vegetation and, for that purpose, the lessee shall of the Western Lands Act 1901, the Western Lands Lease of erect within the time appointed by the Commissioner the land specifi ed has been granted to the undermentioned such fencing as the Commissioner may consider persons. necessary. The lease is subject to the provisions of the Western (34) The lessee shall furnish such returns and statements as Lands Act 1901 and the Regulations thereunder and to the the Commissioner may from time to time require on special conditions, provisions, exceptions, covenants and any matter connected with the land leased or any other reservations set out hereunder. land (whether within or outside the Western Division) The land is to be used only for the purpose for which the in which the lessee has an interest. lease is granted. (35) The lessee shall, within such time as may be specifi ed All amounts due and payable to the Crown must be paid by the Commissioner take such steps and measures as to the Department of Lands by the due date. the Commissioner shall direct to destroy vermin and such animals and weeds as may, under any Act, from TONY KELLY, M.L.C., time to time be declared (by declaration covering the Minister for Lands land leased) noxious in the Gazette and shall keep the land free of such vermin and noxious animals and weeds Administrative District – Broken Hill; during the currency of the lease to the satisfaction of Shire – Unincorporated Area; the Commissioner. Parishes – Mundybah and Nettlegoe; County – Menindee (36) The lessee shall not remove or permit any person to Western lands Lease 16182 was granted to Mitchell James remove gravel, stone, clay, shells or other material Harrison, comprising Lot 6154 DP 765498 (folio identifi er for the purpose of sale from the land leased unless the 6154/765498) of 121.8 hectares at Broken Hill, for the lessee or the person is the holder of a quarry license purpose of “Grazing” for a term of 20 years commencing under regulations made under the Crown Lands Act 29 July 2008 and expiring 28 July 2028. 1989 or, in respect of land in a State forest, unless the Papers: WLL 16182. lessee or the person is the holder of a forest materials licence under the Forestry Act 1916, and has obtained CONDITIONS AND RESERVATIONS ATTACHED TO the special authority of the Minister to operate on WESTERN LANDS LEASE 16182 the land, but the lessee may, with the approval of the (1) In the conditions annexed to the lease, the expression Commissioner, take from the land such gravel, stone, “the Minister” means the Minister administering the clay, shells or other material for building and other Western Lands Act 1901, and any power, authority, purposes upon the land as may be required by the duty or function conferred or imposed upon the Minister lessee. by or under those conditions may be exercised or (37) The Minister may, upon, request of State Forests NSW, performed either by the Minister or by such offi cers terminate the lease at any time provided reasonable of the Department of Lands as the Minister may from notice of such termination is given to the lessee. time to time approve. NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 OFFICIAL NOTICES 10967
(2) In these conditions and reservations the expression “the (10) If the lessee enters into a sublease of the land leased, Commissioner” means the Commissioner charged with the lessee must notify the Commissioner of the granting the administration of the Western Lands Act 1901 (“the of the sublease within 28 days after it is granted. Act”) in accordance with section 4(2) of the Act. (11) The land leased shall be used only for the purpose of (3) (a) For the purposes of this clause the term Lessor “Grazing”. shall include Her Majesty the Queen Her Heirs and (12) The lessee shall maintain and keep in reasonable Successors the Minister and the agents servants repair all improvements on the land leased during the employees and contractors of the Lessor Her currency of the lease and shall permit the Minister or Majesty Her Majesty’s Heirs and Successors and the Commissioner or any person authorised by the the Minister. Minister or the Commissioner at all times to enter upon (d) The lessee expressly agrees that the obligations of and examine the whole or any part of the land leased the Holder under this clause shall continue after the and the buildings or other improvements thereon. expiration or sooner determination of this Lease in (13) All minerals within the meaning of the Mining Act respect of any act deed matter or thing occurring 1992, and all other metals, gemstones and semiprecious before such expiration or determination. stones, which may be in, under or upon the land leased (4) The rent of the lease shall be assessed in accordance are reserved to the Crown and the lessee shall permit with Part 6 of the Western Lands Act 1901. any person duly authorised in that behalf to enter upon the land leased and search, work, win and remove all (5) The rent shall be due and payable annually in advance or any minerals, metals, gemstones and semiprecious on 1 July in each year. stones in, under or upon the land leased. (6) (a) “GST” means any tax on goods and/or services, (14) Mining operations may be carried on, upon and in including any value-added tax, broad-based the lands below the land leased and upon and in the consumption tax or other similar tax introduced lands adjoining the land leased and the lands below in Australia. those lands and metals and minerals may be removed therefrom and the Crown and any lessee or lessees “GST law” includes any Act, order, ruling or under any Mining Act or Acts shall not be subject to regulation, which imposes or otherwise deals any proceedings by way of injunction or otherwise with the administration or imposition of a GST in in respect of or be liable for any damage occasioned Australia. by the letting down, subsidence or lateral movement (b) Notwithstanding any other provision of this of the land leased or any part thereof or otherwise by Agreement: reason of the following acts and matters, that is to say, by reason of the Crown or any person on behalf of the (i) If a GST applies to any supply made by Crown or any lessee or lessees, having worked now either party under or in connection with this or hereafter working any mines or having carried on Agreement, the consideration provided or to be or now or hereafter carrying on mining operations or provided for that supply will be increased by having searched for, worked, won or removed or now or an amount equal to the GST liability properly hereafter searching for, working, winning or removing incurred by the party making the supply. any metals or minerals under, in or from the lands lying (ii) If the imposition of a GST or any subsequent beneath the land leased or any part thereof, or on, in, change in the GST law is accompanied by or under or from any other lands situated laterally to the undertaken in connection with the abolition land leased or any part thereof or the lands lying beneath of or reduction in any existing taxes, duties those lands, and whether on or below the surface of or statutory charges (in this clause “taxes”), those other lands and by reason of those acts and matters the consideration payable by the recipient of or in the course thereof the Crown reserves the liberty the supply made under this Agreement will and authority for the Crown, any person on behalf of be reduced by the actual costs of the party the Crown and any lessee or lessees from time to time making the supply that are reduced directly or to let down without payment of any compensation any indirectly as a consequence of the abolition of part of the land leased or of the surface thereof. or reduction in taxes. (15) The lessee shall comply with the provisions of the (7) The lessee shall pay all rates and taxes assessed on or Local Government Act 1993, and of the ordinances in respect of the land leased during the currency of the made thereunder. lease. (16) The lessee shall not erect or permit any person to (8) The lessee shall hold and use the land leased bona fi de erect any buildings or extend any existing buildings for the lessee’s own exclusive benefi t and shall not on the land leased except to the satisfaction of the transfer, convey or assign the land or any portion thereof Commissioner. without having fi rst obtained the written consent of the (17) The lessee shall ensure that the land leased is kept Minister. in a neat and tidy condition to the satisfaction of the Commissioner and not permit refuse to accumulate on (9) The lessee shall not enter into a sublease of the land the land. leased unless the sublease specifi es the purpose for which the land may be used under the sublease, and it (18) Upon termination or forfeiture of the lease the is a purpose which is consistent with the purpose for Commissioner may direct that the former lessee shall which the land may be used under this lease. remove any structure or material from the land at his NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 10968 OFFICIAL NOTICES 14 November 2008
own cost and without compensation. Where such a (b) within strips at least 30 metres wide on each side direction has been given the former lessee shall leave of the centre line of any depression, the sides of the land in a clean and tidy condition free from rubbish which have slopes in excess of 1 (vertically) in 4 and debris. (horizontally), that is, approximately 14 degrees; (19) The lessee shall, within 1 year from the date of (c) where the slopes are steeper than 1 (vertically) in 3 commencement of the lease or such further period (horizontally), that is, approximately 18 degrees; as the Commissioner may allow, enclose the land (d) within strips not less than 60 metres wide along the leased, either separately or conjointly with other lands tops of any ranges and main ridges; held in the same interest, with a suitable fence to the (e) not in contravention of section 21CA of the Soil satisfaction of the Commissioner. Conservation Act 1938. (20) The lessee shall not obstruct or interfere with any In addition to the foregoing requirements of this reserves, roads or tracks on the land leased, or the lawful condition, the lessee shall preserve on so much of the use thereof by any person. land leased as is not the subject of a clearing licence (where possible, in well distributed clumps or strips) not (21) The lessee shall erect gates on roads within the land less than an average of 30 established trees per hectare, leased when and where directed by the Commissioner together with any other timber, vegetative cover or any for public use and shall maintain those gates together regeneration thereof which may, from time to time, with approaches thereto in good order to the satisfaction be determined by the Commissioner to be useful or of the Commissioner. necessary for soil conservation or erosion mitigation (22) The right is reserved to the public of free access to, and purposes or for shade and shelter. passage along, the bank of any watercourse adjoining (28) The lessee shall not interfere with the timber on any of the land leased and the lessee shall not obstruct access the land leased which is within a State forest, timber or passage by any member of the public to or along the reserve or fl ora reserve unless authorisation has been bank. obtained under the provisions of the Forestry Act (23) Any part of a reserve for travelling stock, camping 1916 and shall not prevent any person or persons duly or water supply within the land leased shall, during authorised in that behalf from taking timber on the land the whole currency of the lease, be open to the use leased. The lessee shall not have any property right in of bona fide travellers, travelling stock, teamsters the timber on the land leased and shall not ringbark, and carriers without interference or annoyance by the kill, destroy or permit the killing or destruction of any lessee and the lessee shall post in a conspicuous place timber unless authorised under the Forestry Act 1916 on the reserve a notice board indicating for public or unless approval has been issued in accordance with information the purpose of such reserve and, in fencing the Native Vegetation Act 2003, but the lessee may take the land leased, the lessee shall provide gates and such timber as the lessee may reasonably require for use other facilities for the entrance and exit of travelling on the land leased, or on any contiguous land held in stock, teamsters and others. The notice board, gates the same interest, for building, fencing or fi rewood. and facilities shall be erected and maintained to the (29) The lessee shall take all necessary steps to protect the satisfaction of the Commissioner. The lessee shall not land leased from bush fi re. overstock, wholly or in part, the areas leased within the reserve, the decision as to overstocking resting with the (30) The lessee shall, as the Commissioner may from time Commissioner. to time direct, foster and cultivate on the land leased such edible shrubs and plants as the Commissioner (24) The Crown shall not be responsible to the lessee or the may consider can be advantageously and successfully lessee’s successors in title for provision of access to the cultivated. land leased. (31) Whenever so directed by the Commissioner, the lessee (25) The Lessee shall comply with the provisions of the shall, on such part or parts of the land leased as shall Native Vegetation Act 2003 and any regulations made be specifi ed in the direction, carry out agricultural in pursuance of that Act. practices, or refrain from agricultural practices, of such (26) The lessee shall comply with requirements of section types and for such periods as the Commissioner may 18DA of the Western Lands Act 1901 which provides in the direction specify. that except in circumstances referred to in subsection (32) The lessee shall not overstock, or permit or allow to (3) of that section, cultivation of the land leased or be overstocked, the land leased and the decision of the occupied may not be carried out unless the written Commissioner as to what constitutes overstocking shall consent of the Department has fi rst been obtained and be fi nal and the lessee shall comply with any directions any condition to which the consent is subject under sub of the Commissioner to prevent or discontinue section (6) is complied with. overstocking. (27) Notwithstanding any other condition annexed to the (33) The lessee shall, if the Commissioner so directs, prevent lease, the lessee shall, in removing timber for the the use by stock of any part of the land leased for such purpose of building, fencing or fi rewood, comply with periods as the Commissioner considers necessary the routine agricultural management activities listed in to permit of the natural reseeding and regeneration the Native Vegetation Act 2003. of vegetation and, for that purpose, the lessee shall (a) between the banks of, and within strips at least erect within the time appointed by the Commissioner 20 metres wide along each bank of, any creek or such fencing as the Commissioner may consider defi ned watercourse; necessary. NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 OFFICIAL NOTICES 10969
(34) The lessee shall furnish such returns and statements as ERRATUM the Commissioner may from time to time require on IN the notification appearing in the any matter connected with the land leased or any other New South Wales of 10 October 2008, Folio 9900, land (whether within or outside the Western Division) Government Gazette appearing under the heading “Granting of a Western Lands in which the lessee has an interest. Lease”, the area of Western Lands Lease 16088 should read (35) The lessee shall, within such time as may be specifi ed 2448. by the Commissioner take such steps and measures as the Commissioner shall direct to destroy vermin and such animals and weeds as may, under any Act, from ERRATUM time to time be declared (by declaration covering the In the notification appearing in the land leased) noxious in the Gazette and shall keep the New South Wales of 2 February 1990, Folio 946, under land free of such vermin and noxious animals and weeds Government Gazette the heading “Granting of a Western Lands Lease”, (being during the currency of the lease to the satisfaction of Western Lands Lease 13643) the gazette publication date the Commissioner. for the conditions of the lease should have read the 3rd (36) The lessee shall not remove or permit any person to August, 1973. remove gravel, stone, clay, shells or other material for the purpose of sale from the land leased unless the lessee or the person is the holder of a quarry license ERRATUM under regulations made under the Crown Lands Act 1989 or, in respect of land in a State forest, unless the IN the notification appearing in the New South Wales lessee or the person is the holder of a forest materials Government Gazette of 3 October 2008, Folio 9679, licence under the Forestry Act 1916, and has obtained appearing under the heading “Granting of a Western Lands the special authority of the Minister to operate on Lease”, the Name of Lessee of Western Lands Lease 16010 the land, but the lessee may, with the approval of the should read “Milivoj KOMLUSAN, Olga KOMLUSAN and Commissioner, take from the land such gravel, stone, Marko KOMLUSAN”. clay, shells or other material for building and other purposes upon the land as may be required by the lessee. (37) The Minister may, upon, request of State Forests NSW, terminate the lease at any time provided reasonable notice of such termination is given to the lessee. (38) If the lessee is an Australian registered company than the following conditions shall apply: I The Lessee will advise the Commissioner of the name, address and telephone number of the Lessee’s company secretary, that person being a person nominated as a representative of the company in respect of any dealings to be had with the company. The Lessee agrees to advise the Commissioner of any changes in these details. II Any change in the shareholding of the Lessee’s company which alters its effective control of the lease from that previously known to the Commissioner shall be deemed an assignment by the Lessee. III Where any notice or other communication is required to be served or given or which may be convenient to be served or given under or in connection with this lease it shall be suffi ciently executed if it is signed by the company secretary. IV A copy of the company’s annual fi nancial balance sheet or other fi nancial statement which gives a true and fair view of the company’s state of affairs as at the end of each fi nancial year is to be submitted to the Commissioner upon request.
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 10970 OFFICIAL NOTICES 14 November 2008 Department of Planning
New South Wales
State Environmental Planning Policy (Major Projects) 2005 (Amendment No 29)
under the Environmental Planning and Assessment Act 1979
His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following State environmental planning policy under the Environmental Planning and Assessment Act 1979 in accordance with the recommendation made by the Minister for Planning. (S06/00605)
KRISTINA KENEALLY, M.P., Minister for Planning
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State Environmental Planning Policy (Major Projects) 2005 (Amendment No 29) under the Environmental Planning and Assessment Act 1979
1 Name of Policy This Policy is State Environmental Planning Policy (Major Projects) 2005 (Amendment No 29).
2 Aims of Policy The aims of this Policy are: (a) to identify the land to which this Policy applies (being the Vincentia Coastal Village site) as a State significant site under State Environmental Planning Policy (Major Projects) 2005, and (b) to identify development on the site that is development to which Part 3A of the Environmental Planning and Assessment Act 1979 applies, and (c) to establish appropriate zoning and other development controls for the site, and (d) to provide for appropriate development on the site that is consistent with the principles of ecologically sustainable development, and (e) to provide for appropriate development on the site to promote the social and economic welfare of the community and a better environment, and (f) to identify and provide land within the site for environmental protection purposes.
3 Land to which Policy applies This Policy applies to the land shown edged heavy black on the map marked “State Environmental Planning Policy (Major Projects) 2005 (Amendment No 29)—Vincentia Coastal Village Site—Land Application Map” held at the head office of the Department.
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4 Amendment of State Environmental Planning Policy (Major Projects) 2005 State Environmental Planning Policy (Major Projects) 2005 is amended as set out in Schedule 1.
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(Clause 4) Schedule 3 State significant sites Insert in appropriate order in the Schedule: Part 29 Vincentia Coastal Village site
Division 1 Preliminary
1 Land to which Part applies This Part applies to the land shown edged heavy black on the Land Application Map, referred to in this Part as the Vincentia Coastal Village site.
2 Interpretation (1) In this Part: Additional Permitted Uses Map means the State Environmental Planning Policy (Major Projects) 2005 (Amendment No 29)— Vincentia Coastal Village Site—Additional Permitted Uses Map. Building Height Map means the State Environmental Planning Policy (Major Projects) 2005 (Amendment No 29)—Vincentia Coastal Village Site—Building Height Map. Council means the Shoalhaven City Council. Exempt and Complying Development Controls—Vincentia Coastal Village means the document of that name as approved by the Director-General on 8 July 2008 and held at the office of the Council. heritage item means: (a) an archaeological site, or (b) a place of Aboriginal heritage significance, or (c) a building, work, relic or tree that is situated within a site referred to in paragraph (a) or a place referred to in paragraph (b). Land Application Map means the State Environmental Planning Policy (Major Projects) 2005 (Amendment No 29)—Vincentia Coastal Village Site—Land Application Map. Land Reservation Acquisition Map means the State Environmental Planning Policy (Major Projects) 2005
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(Amendment No 29)—Vincentia Coastal Village Site—Land Reservation Acquisition Map. Land Zoning Map means the State Environmental Planning Policy (Major Projects) 2005 (Amendment No 29)—Vincentia Coastal Village Site—Land Zoning Map. (2) A word or expression used in this Part has the same meaning as it has in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 unless it is otherwise defined in this Part or is referred to in the definition of heritage item in this Part.
3 Consent authority The consent authority for development on land within the Vincentia Coastal Village site, other than development that is a project to which Part 3A of the Act applies, is the Council.
4Maps (1) A reference in this Part to a named map adopted by this Part is a reference to a map by that name: (a) approved by the Minister when the map is adopted, and (b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the Minister when the instruments are made. (2) Any 2 or more named maps may be combined into a single map. In that case, a reference in this Part to any such named map is a reference to the relevant part or aspect of the single map. (3) Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister. (4) For the purposes of this Part, a map may be in, and may be kept and made available in, electronic or paper form, or both.
5 Relationship with other environmental planning instruments The only environmental planning instruments that apply, according to their terms, to land within the Vincentia Coastal Village site are this Policy and all other State environmental planning policies except for the following: (a) State Environmental Planning Policy No 1—Development Standards,
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(b) State Environmental Planning Policy No 71—Coastal Protection. Division 2 Part 3A projects
6 Part 3A projects (1) Such development within the Vincentia Coastal Village site as has a capital investment value of more than $5 million, other than development for the purposes of a public utility undertaking. (2) Subdivision of land within the Vincentia Coastal Village site, other than a strata title subdivision, a community title subdivision, or a subdivision for any one or more of the following purposes: (a) widening a public road, (b) a minor realignment of boundaries that does not create additional lots or the opportunity for additional lots, (c) a consolidation of lots that does not create additional lots or the opportunity for additional dwellings, (d) rectifying an encroachment on a lot, (e) creating a public reserve, (f) excising from a lot land that is, or is intended to be, used for public purposes, including drainage purposes, rural fire brigade or other emergency service purposes or public toilets. Division 3 Provisions applying to development within Vincentia Coastal Village site
7 Application of Division This Division applies with respect to development within the Vincentia Coastal Village site and so applies whether or not the development is a project to which Part 3A of the Act applies.
8 Land use zones (1) For the purposes of this Part, land within the Vincentia Coastal Village site is in a zone as follows if the land is shown on the Land Zoning Map as being within that zone: (a) Zone R2 Low Density Residential, (b) Zone B2 Local Centre, (c) Zone RE1 Public Recreation,
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(d) Zone E2 Environmental Conservation. (2) The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
9 Zone R2 Low Density Residential (1) The objectives of Zone R2 Low Density Residential are as follows: (a) to provide for the housing needs of the community within a low density residential environment, (b) to enable other land uses that provide facilities or services to meet the day to day needs of residents, (c) to incorporate contemporary design principles in the design of new buildings and the relationship of those buildings to the public domain and the natural environment, (d) to promote energy efficiency and other sustainable development practices, (e) to minimise the impact on residential development from non-residential development (such as impacts relating to operating hours, noise, loss of privacy and vehicular and pedestrian traffic). (2) Development for any of the following purposes is permitted without development consent on land within Zone R2 Low Density Residential: environmental protection works; home occupations. (3) Development for any of the following purposes is permitted only with development consent on land within Zone R2 Low Density Residential: bed and breakfast accommodation; boat launching ramps; building identification signs; car parks; child care centres; drainage; dual occupancies; dwelling houses; earthworks; educational establishments; filming; flood mitigation works; group homes; health consulting rooms; home-based child care; home businesses; hospitals; information and education facilities; multi dwelling housing; neighbourhood shops; places of public worship; recreation areas; recreation facilities (indoor); recreation facilities (outdoor); residential care facilities; roads; schools; seniors housing; swimming pools; veterinary hospitals.
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(4) Except as otherwise provided by this Part, development is prohibited on land within Zone R2 Low Density Residential unless it is permitted by subclause (2) or (3).
10 Zone B2 Local Centre (1) The objectives of Zone B2 Local Centre are as follows: (a) to provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area, (b) to encourage employment opportunities in accessible locations, (c) to maximise public transport patronage and encourage walking and cycling, (d) to incorporate contemporary design principles in the design of new buildings and the relationship of those buildings to the public domain and the natural environment, (e) to promote energy efficiency and other sustainable development practices, (f) to minimise the impact on residential development from non-residential development (such as impacts relating to operating hours, noise, loss of privacy and vehicular and pedestrian traffic). (2) Development for any of the following purposes is permitted without development consent on land within Zone B2 Local Centre: environmental protection works. (3) Development for any of the following purposes is permitted only with development consent on land within Zone B2 Local Centre: amusement centres; business premises; car parks; child care centres; community facilities; drainage; earthworks; educational establishments; entertainment facilities; environmental facilities; filming; flood mitigation works; food and drink premises; function centres; funeral chapels; funeral homes; health consulting rooms; hospitals; information and education facilities; kiosks; landscape and garden supplies; markets; medical centres; mixed use development; neighbourhood shops; office premises; passenger transport facilities; places of public worship; public administration buildings; pubs; recreation areas; recreation facilities (indoor); recreation facilities (major); recreation facilities (outdoor); registered clubs; restaurants; retail premises; roads; schools; service stations; shop top housing; signage; take
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away food and drink premises; temporary structures; tourist and visitor accommodation; veterinary hospitals. (4) Except as otherwise provided by this Part, development is prohibited on land within Zone B2 Local Centre unless it is permitted by subclause (2) or (3).
11 Zone RE1 Public Recreation (1) The objectives of Zone RE1 Public Recreation are as follows: (a) to enable land to be used for public open space or recreational purposes, (b) to provide a range of recreational settings and activities and compatible land uses, (c) to protect and enhance the natural environment for recreational purposes, (d) to enable development for the enjoyment of the community, (e) to ensure the vitality and safety of the community and public domain, (f) to promote landscaped areas to enhance the amenity of the area. (2) Development for any of the following purposes is permitted without development consent on land within Zone RE1 Public Recreation: business identification signs; environmental protection works. (3) Development for any of the following purposes is permitted only with development consent on land within Zone RE1 Public Recreation: boat launching ramps; boat repair facilities; boat sheds; building identification signs; car parks; caravan parks; cemeteries; child care centres; community facilities; drainage; earthworks; environmental facilities; filming; flood mitigation works; helipads; information and education facilities; kiosks; markets; public administration buildings; recreation areas; recreation facilities (indoor); recreation facilities (major); recreation facilities (outdoor); registered clubs; restaurants; roads; take away food or drink premises; water recreation structures. (4) Except as otherwise provided by this Part, development is prohibited on land within Zone RE1 Public Recreation unless it is permitted by subclause (2) or (3).
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12 Zone E2 Environmental Conservation (1) The objectives of Zone E2 Environmental Conservation are as follows: (a) to protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values, (b) to prevent development that could destroy, damage or otherwise have an adverse effect on those values. (2) Development for any of the following purposes is permitted without development consent on land within Zone E2 Environmental Conservation: environmental protection works. (3) Development for any of the following purposes is permitted only with development consent on land within Zone E2 Environmental Conservation: drainage; environmental facilities, filming; flood mitigation works; recreation areas; roads. (4) Development for any of the following purposes is prohibited on land within Zone E2 Environmental Conservation: business premises; hotel or motel accommodation; industries; multi dwelling housing; recreation facilities (major); residential flat buildings; retail premises; seniors housing; service stations; warehouse or distribution centres; except as otherwise provided by this Part, any other development not specified in subclause (2) or (3).
13 Additional permitted uses for particular land (1) Development for the purposes of bulky goods premises and timber and building supplies is permitted with consent on land in Zone B2 Local Centre and edged heavy black and hatched on the Additional Permitted Uses Map. (2) This clause has effect despite anything to the contrary in any other provision of this Part.
14 Subdivision consent requirements (1) A subdivison of land within the Vincentia Coastal Village site, including a subdivision under the Strata Schemes (Freehold Development) Act 1973, the Strata Schemes (Leasehold Development) Act 1986, or the Community Land Development Act 1989, may carried out only with development consent.
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(2) However, development consent is not required for a subdivision for the purpose only of any one or more of the following: (a) widening a public road, (b) a minor realignment of boundaries that does not create additional lots or the opporunity for additional lots, (c) a consolidation of lots that does not create additional lots or the opportunity for additional dwellings, (d) rectifying an encroachment on a lot, (e) creating a public reserve, (f) excising from a lot land that is, or is intended to be, used for public purposes, including drainage purposes, rural fire brigade or other emergency service purposes or public toilets.
15 Exempt development (1) The objective of this clause is to identify development of minimal environmental impact as exempt development. (2) Development specified in Exempt and Complying Development Controls—Vincentia Coastal Village that meets the standards for the development contained in that document and that complies with the requirements of this Part is exempt development. (3) To be exempt development, the development: (a) must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and (b) must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and (c) must not be designated development, and (d) must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977, and (e) must not be carried out in an environmentally sensitive area for exempt or complying development (as defined in clause 17). (4) Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if: (a) the building has a current fire safety certificate or fire safety statement, or
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(b) no fire safety measures are currently implemented, required or proposed for the building.
16 Complying development (1) The objective of this clause is to identify development as complying development. (2) Development specified in Exempt and Complying Development Controls—Vincentia Coastal Village that meets the standards for the development contained in that document and that is carried out in compliance with: (a) the development standards specified in relation to that development, and (b) the requirements of this Part, is complying development. (3) To be complying development, the development must: (a) be permissible, with consent, in the zone in which it is carried out, and (b) meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and (c) have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land. (4) A complying development certificate for development specified as complying development is subject to the conditions (if any) set out in respect of that development in Exempt and Complying Development Controls—Vincentia Coastal Village.
17 Environmentally sensitive areas excluded (1) Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development. (2) For the purposes of this clause: environmentally sensitive area for exempt or complying development means any of the following: (a) the coastal waters of the State, (b) a coastal lake, (c) land to which State Environmental Planning Policy No 14—Coastal Wetlands or State Environmental Planning Policy No 26—Littoral Rainforests applies,
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(d) land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997, (e) land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention, (f) land within 100 metres of land to which paragraph (c), (d) or (e) applies, (g) land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance, (h) land reserved as a state conservation area under the National Parks and Wildlife Act 1974, (i) land reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna, geological formations or for other environmental protection purposes, (j) land identified as being critical habitat under the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994.
18 Height of buildings (1) The objectives of this clause are as follows: (a) to ensure the scale and bulk of future development is compatible with the existing urban form and surrounding natural coastal bushland, (b) to ensure that new buildings do not unreasonably affect the amenity of the environment, (c) to maintain solar access to public reserves, roads and buildings on the site, (d) to promote development that conforms to and reflects the natural land forms, by stepping development on sloping land to follow the natural gradient. (2) The height of a building on any land is not to exceed the maximum height shown for the land on the Building Height Map.
19 Gross floor area The total gross floor area of all buildings on land in Zone B2 Local Centre within the Vincentia Coastal Village site must not exceed 32,000 square metres.
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20 Exceptions to development standards (1) The objectives of this clause are: (a) to provide an appropriate degree of flexibility in applying certain development standards to particular development, and (b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances. (2) Consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause. (3) Consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating: (a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and (b) that there are sufficient environmental planning grounds to justify contravening the development standard. (4) Consent must not be granted for development that contravenes a development standard unless: (a) the consent authority is satisfied that: (i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and (ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and (b) the concurrence of the Director-General has been obtained. (5) In deciding whether to grant concurrence, the Director-General must consider: (a) whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and
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(b) the public benefit of maintaining the development standard, and (c) any other matters required to be taken into consideration by the Director-General before granting concurrence. (6) After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3). (7) This clause does not allow consent to be granted for development that would contravene any of the following: (a) a development standard for complying development, (b) a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated, (c) clauses 18, 19 or 23.
21 Relevant acquisition authority (1) The objective of this clause is to identify, for the purposes of section 27 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions). Note. If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land. (2) The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
Type of land shown on Map Authority of the State Zone RE1 Public Recreation and marked Council “Local open space”
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(3) Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose. Note. If land, other than land specified in the table to subclause (2), is required to be acquired under the owner-initiated acquisition provisions, the Minister for Planning is required to take action to enable the designation of the acquiring authority under this Part. Pending the designation of the acquiring authority for that land, the acquiring authority is to be the authority determined by order of the Minister for Planning (see section 21 of the Land Acquisition (Just Terms Compensation) Act 1991). 22 Suspension of covenants, agreements and instruments (1) For the purpose of enabling development on land within the Vincentia Coastal Village site to be carried out in accordance with this Policy or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose. (2) This clause does not apply: (a) to a covenant imposed by the Council or that the Council requires to be imposed, or (b) to any prescribed instrument within the meaning of section 183A of the Crown Lands Act 1989, or (c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or (d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or (e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or (f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or (g) to any planning agreement within the meaning of Division 6 of Part 4 of the Act. (3) This clause does not affect the rights or interests of any public authority under any registered instrument. (4) Pursuant to section 28 of the Act, before the making of this clause, the Governor approved of subclauses (1)–(3).
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23 Controls relating to miscellaneous permissible uses (1) Bed and breakfast accommodation If development for the purposes of bed and breakfast accommodation is permitted under this Part, the accommodation that is provided to guests must consist of no more than 3 bedrooms. (2) Home businesses If development for the purposes of a home business is permitted under this Part, the carrying on of the business must not involve the use of more than 60 square metres of floor area. (3) Kiosks If development for the purposes of a kiosk is permitted under this Part, the gross floor area must not exceed 80 square metres. (4) Neighbourhood shops If development for the purposes of a neighbourhood shop is permitted under this Part, the retail floor area must not exceed 100 square metres.
24 Development within the coastal zone (1) The objectives of this clause are as follows: (a) to provide for the protection of the coastal environment of the State for the benefit of both present and future generations through promoting the principles of ecologically sustainable development, (b) to implement the principles in the NSW Coastal Policy, and in particular to: (i) protect, enhance, maintain and restore the coastal environment, its associated ecosystems, ecological processes and biological diversity and its water quality, and (ii) protect and preserve the natural, cultural, recreational and economic attributes of the NSW coast, and (iii) provide opportunities for pedestrian public access to and along the coastal foreshore, and (iv) recognise and accommodate coastal processes and climate change, and (v) protect amenity and scenic quality, and
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NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 OFFICIAL NOTICES 10987
State Environmental Planning Policy (Major Projects) 2005 (Amendment No 29)
Schedule 1 Amendment
(vi) protect and preserve rock platforms, beach environments and beach amenity, and (vii) protect and preserve native coastal vegetation, and (viii) protect and preserve the marine environment, and (ix) ensure that the type, bulk, scale and size of development is appropriate for the location and protects and improves the natural scenic quality of the surrounding area, and (x) ensure that decisions in relation to new development consider the broader and cumulative impacts on the catchment, and (xi) protect Aboriginal cultural places, values and customs, and (xii) protect and preserve items of heritage, archaeological or historical significance. (2) Consent must not be granted to development on land that is wholly or partly within the coastal zone unless the consent authority has considered: (a) existing public access to and along the coastal foreshore for pedestrians (including persons with a disability) with a view to: (i) maintaining existing public access and, where possible, improving that access, and (ii) identifying opportunities for new public access, and (b) the suitability of the proposed development, its relationship with the surrounding area and its impact on the natural scenic quality, taking into account: (i) the type of the proposed development and any associated land uses or activities (including compatibility of any land-based and water-based coastal activities), and (ii) the location, and (iii) the bulk, scale, size and overall built form design of any building or work involved, and (c) the impact of the proposed development on the amenity of the coastal foreshore including: (i) any significant overshadowing of the coastal foreshore, and (ii) any loss of views from a public place to the coastal foreshore, and
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NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 10988 OFFICIAL NOTICES 14 November 2008
State Environmental Planning Policy (Major Projects) 2005 (Amendment No 29)
Amendment Schedule 1
(d) how the visual amenity and scenic qualities of the coast, including coastal headlands, can be protected, and (e) how biodiversity and ecosystems, including: (i) native coastal vegetation and existing wildlife corridors, and (ii) rock platforms, and (iii) water quality of coastal waterbodies, and (iv) native fauna and native flora, and their habitats, can be conserved, and (f) the effect of coastal processes and coastal hazards and potential impacts, including sea level rise: (i) on the proposed development, and (ii) arising from the proposed development, and (g) the cumulative impacts of the proposed development and other development on the coastal catchment. (3) Consent must not be granted to development on land that is wholly or partly within the coastal zone unless the consent authority is satisfied that: (a) the proposed development will not impede or diminish, where practicable, the physical, land-based right of access of the public to or along the coastal foreshore, and (b) if effluent from the development is disposed of by a non-reticulated system, it will not have a negative effect on the water quality of the sea, or any beach, estuary, coastal lake, coastal creek or other similar body of water, or a rock platform, and (c) the proposed development will not discharge untreated stormwater into the sea, or any beach, estuary, coastal lake, coastal creek or other similar body of water, or a rock platform.
25 Architectural roof features (1) The objectives of this clause are: (a) to ensure that architectural roof features to which this clause applies are decorative elements only and are consistent in form and scale with the surrounding natural coastal bushland, and (b) to ensure that the majority of the roof features are contained within the prescribed building height.
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NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 OFFICIAL NOTICES 10989
State Environmental Planning Policy (Major Projects) 2005 (Amendment No 29)
Schedule 1 Amendment
(2) Development that includes an architectural roof feature that exceeds, or causes a building to exceed, the height limits set by clause 18 may be carried out, but only with consent. (3) Development consent must not be granted to any such development unless the consent authority is satisfied that: (a) the architectural roof feature: (i) comprises a decorative element on the uppermost portion of a building, and (ii) is not an advertising structure, and (iii) does not include floor space area and is not reasonably capable of modification to include floor space area, and (iv) will cause minimal overshadowing, and (b) any building identification signage or equipment for servicing the building (such as plant, lift motor rooms, fire stairs and the like) contained in or supported by the roof feature is fully integrated into the design of the roof feature.
26 Preservation of trees or vegetation (1) The objective of this clause is to preserve the amenity of the area through the preservation of trees and other vegetation. (2) This clause applies to species or kinds of trees or other vegetation that are prescribed for the purposes of this clause by a development control plan made by the Council. Note. A development control plan may prescribe the trees or other vegetation to which this clause applies by reference to species, size, or location or in some other manner. (3) A person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by: (a) development consent, or (b) a permit granted by the Council. (4) The refusal by the Council to grant a permit to a person who has duly applied for the grant of the permit is taken for the purposes of the Act to be a refusal by the Council to grant consent for the carrying out of the activity for which a permit was sought. (5) This clause does not apply to a tree or other vegetation that the Council is satisfied is dying or dead and is not required as the habitat of native fauna.
Page 20
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 10990 OFFICIAL NOTICES 14 November 2008
State Environmental Planning Policy (Major Projects) 2005 (Amendment No 29)
Amendment Schedule 1
(6) This clause does not apply to a tree or other vegetation that the Council is satisfied is a risk to human life or property. (7) A permit under this clause cannot allow any ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree or other vegetation: (a) that is or forms part of a heritage item, or (b) that is within a heritage conservation area. Note. As a consequence of this subclause, the activities concerned will require development consent. The heritage provisions of clause 27 will be applicable to any such consent. (8) This clause does not apply to or in respect of: (a) the clearing of native vegetation that is authorised by a development consent or property vegetation plan under the Native Vegetation Act 2003 or that is otherwise permitted under Division 2 or 3 of Part 3 of that Act, or (b) the clearing of vegetation on State protected land (within the meaning of clause 4 of Schedule 3 to the Native Vegetation Act 2003) that is authorised by a development consent under the provisions of the Native Vegetation Conservation Act 1997 as continued in force by that clause, or (c) trees or other vegetation within a State forest, or land reserved from sale as a timber or forest reserve under the Forestry Act 1916, or (d) action required or authorised to be done by or under the Electricity Supply Act 1995, the Roads Act 1993 or the Surveying Act 2002, or (e) plants declared to be noxious weeds under the Noxious Weeds Act 1993.
27 Heritage conservation (1) A person must not, in respect of a building, work, relic, tree, site or place that is a heritage item: (a) demolish, dismantle, move or alter the building, work, relic, tree, site or place, or (b) damage or remove the relic, or (c) excavate land for the purpose of discovering, exposing or moving the relic, or (d) damage or despoil the tree, site or place, or
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NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 OFFICIAL NOTICES 10991
State Environmental Planning Policy (Major Projects) 2005 (Amendment No 29)
Schedule 1 Amendment
(e) erect a building on, or subdivide, land on which the building, work or relic is situated or that comprises the site or place, or (f) damage any tree or land on which the building, work or relic is situated or on the land which comprises the site or place, or (g) make structural changes to the interior of the building or work, except with the consent of the consent authority. (2) However, consent under this clause is not required if the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development: (a) is of a minor nature, or is for the maintenance of the heritage item, and (b) would not adversely affect the significance of the heritage item.
28 Bush fire hazard reduction Bush fire hazard reduction work authorised by the Rural Fires Act 1997 may be carried out on any land without consent. Note. The Rural Fires Act 1997 also makes provision relating to the carrying out of development on bush fire prone land. 29 Infrastructure development and use of existing buildings of the Crown (1) This Part does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development, by or on behalf of a public authority, that is permitted to be carried out without consent under the State Environmental Planning Policy (Infrastructure) 2007. (2) This Part does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown. Note. As a consequence of the removal of the requirement for development consent under Part 4 of the Act, development by, or on behalf of, a public authority is subject to the environmental assessment and approval requirements of Part 5 of the Act or, if it is applicable, Part 3A of the Act.
Page 22
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 10992 OFFICIAL NOTICES 14 November 2008
New South Wales
Byron Local Environmental Plan 1988 (Amendment No 131)
under the Environmental Planning and Assessment Act 1979
I, the Minister for Planning, make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (G06/0019/PC)
KRISTINA KENEALLY, M.P., Minister for Planning
e2008-070-16.d05 Page 1
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 OFFICIAL NOTICES 10993
Clause 1 Byron Local Environmental Plan 1988 (Amendment No 131)
Byron Local Environmental Plan 1988 (Amendment No 131) under the Environmental Planning and Assessment Act 1979
1 Name of plan This plan is Byron Local Environmental Plan 1988 (Amendment No 131).
2Aims of plan This plan aims to amend Byron Local Environmental Plan 1988: (a) to include buildings and surrounds on part of the land to which this plan applies as an item of the environmental heritage, and (b) to allow, with consent, community title subdivision of the remaining land to which this plan applies in accordance with the Community Land Development Act 1989, being the subdivision of land approved for multiple occupancy development into rural residential lots and common property.
3 Land to which plan applies (1) In respect of the aim referred to in clause 2 (a), this plan applies to part of Lot 172, DP 1121005, Ewingsdale Road, Ewingsdale, within the local government area of Byron, as shown edged heavy black on the map marked “Byron Local Environmental Plan 1988 (Amendment No 131)” deposited in the office of Byron Shire Council. (2) In respect of the aim referred to in clause 2 (b), this plan applies to the following land within the local government area of Byron: (a) Lot 1, DP 1077449, Dry Creek Road, Upper Main Arm, (b) Lot 15, DP 828349, Frasers Road, Mullumbimby Creek.
4 Amendment of Byron Local Environmental Plan 1988 Byron Local Environmental Plan 1988 is amended as set out in Schedule 1.
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NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 10994 OFFICIAL NOTICES 14 November 2008
Byron Local Environmental Plan 1988 (Amendment No 131)
Amendments Schedule 1
Schedule 1 Amendments
(Clause 4) [1] Schedule 2 Insert in alphabetical order of locality under the headings “Lot/DP”, “Address” and “Description”, respectively:
Ewingsdale Part of Lot 172 Ewingsdale Road Buildings and surrounds DP 1121005, as shown edged heavy black on the map marked “Byron Local Environmental Plan 1988 (Amendment No 131)”
[2] Schedule 13 Community title subdivision of multiple occupancy developments Insert after item 14 under the headings “Item”, “Land” and “Description of development”, respectively:
15 Lot 1, DP 1077449, Dry Creek Neighbourhood scheme creating Road, Upper Main Arm 7 neighbourhood lots ranging in size from 0.5 to 1.5 hectares, with no more than one dwelling to be erected on each lot, and one lot of neighbourhood property. 16 Lot 15, DP 828349, Frasers Neighbourhood scheme creating Road, Mullumbimby Creek 11 neighbourhood lots ranging in size from 0.4 to 1.0 hectare, with no more than one dwelling to be erected on each lot, and one lot of neighbourhood property.
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NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 OFFICIAL NOTICES 10995
New South Wales
Byron Local Environmental Plan 1988 (Amendment No 136)
under the Environmental Planning and Assessment Act 1979
I, the Minister for Planning, make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (G07/00122/PC)
KRISTINA KENEALLY, M.P., Minister for Planning
e2008-086-09.d03 Page 1
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 10996 OFFICIAL NOTICES 14 November 2008
Clause 1 Byron Local Environmental Plan 1988 (Amendment No 136)
Byron Local Environmental Plan 1988 (Amendment No 136) under the Environmental Planning and Assessment Act 1979
1 Name of plan This plan is Byron Local Environmental Plan 1988 (Amendment No 136). 2Aims of plan This plan aims to amend Byron Local Environmental Plan 1988 to allow, with the consent of Byron Shire Council, the carrying out of development for the purposes of commercial premises, a community building and a shop on the land to which this plan applies.
3 Land to which plan applies This plan applies to land in the local government area of Byron, being Lot 456, DP 1126388, corner of Lawson and Middleton Streets, Byron Bay, as shown edged heavy black on the map marked “Byron Local Environmental Plan 1988 (Amendment No 136)” deposited in the office of Byron Shire Council.
4 Amendment of Byron Local Environmental Plan 1988 Byron Local Environmental Plan 1988 is amended by inserting after item 55 in Schedule 8 the following item:
56 Lot 456, DP 1126388, corner of Lawson and Middleton Streets, Byron Bay, as shown edged heavy black on the map marked “Byron Local Environmental Plan 1988 (Amendment No 136)”, for the purposes of commercial premises, a community building and a shop.
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NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 OFFICIAL NOTICES 10997
New South Wales
Cessnock Local Environmental Plan 1989 (Amendment No 120)
under the Environmental Planning and Assessment Act 1979
I, the Minister for Planning, make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (N04/00018-2)
KRISTINA KENEALLY, M.P., Minister for Planning
e2008-011-37.d09 Page 1
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 10998 OFFICIAL NOTICES 14 November 2008
Clause 1 Cessnock Local Environmental Plan 1989 (Amendment No 120)
Cessnock Local Environmental Plan 1989 (Amendment No 120) under the Environmental Planning and Assessment Act 1979
1 Name of plan This plan is Cessnock Local Environmental Plan 1989 (Amendment No 120).
2Aims of plan The aims of this plan are: (a) to rezone certain land at Cliftleigh from Zone No 1 (a) (Rural “A” Zone) to Zone No 2 (a) (Residential “A” Zone) and Zone No 6 (a) (Open Space Zone) to allow for future urban development and the conservation of ecological and riparian corridors, and (b) to insert new provisions requiring the consent authority to ensure that adequate provision is made for necessary public infrastructure when determining development applications relating to future urban development, and (c) to include certain items relating to the former Ayrfield No 1 Colliery at Cliftleigh as items of the environmental heritage under Cessnock Local Environmental Plan 1989.
3 Land to which plan applies This plan applies to: (a) in relation to the aim referred to in clause 2 (a)—the land shown edged heavy black on the map marked “Cessnock Local Environmental Plan 1989 (Amendment No 120)” deposited in the office of Cessnock City Council, and (b) in relation to the aim referred to in clause 2 (b)—the whole of the land to which Cessnock Local Environmental Plan 1989 applies, and (c) in relation to the aim referred to in clause 2 (c)—the land on which the former Ayrfield No 1 Colliery at Cliftleigh is situated.
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NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 OFFICIAL NOTICES 10999
Cessnock Local Environmental Plan 1989 (Amendment No 120) Clause 4
4 Amendment of Cessnock Local Environmental Plan 1989 Cessnock Local Environmental Plan 1989 is amended as set out in Schedule 1.
Page 3
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 11000 OFFICIAL NOTICES 14 November 2008
Cessnock Local Environmental Plan 1989 (Amendment No 120)
Schedule 1 Amendments
Schedule 1 Amendments
(Clause 4) [1] Clause 5 Definitions Insert in appropriate order in the definition of the map in clause 5 (1): Cessnock Local Environmental Plan 1989 (Amendment No 120)
[2] Clause 66 Insert after clause 65:
66 Public infrastructure in urban release areas (1) Application This clause applies to land in an urban release area, but does not apply to any such land if the whole or any part of it is in a special contributions area (as defined by section 93C of the Act). (2) Designated State public infrastructure The objective of subclause (3) is to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the subdivision of land in an urban release area to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban purposes. (3) Development consent must not be granted for the subdivision of land in an urban release area if the subdivision would create a lot smaller than the minimum lot size permitted on the land immediately before the land became, or became part of, an urban release area, unless the Director-General has certified in writing to the consent authority that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure in relation to that lot. (4) Subclause (3) does not apply to: (a) any lot identified in the certificate as a residue lot, or (b) any lot created by a subdivision previously consented to in accordance with this clause, or (c) any lot that is proposed in the development application to be reserved or dedicated for public open space, public roads, public utilities, educational facilities, or any other public purpose, or
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NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 OFFICIAL NOTICES 11001
Cessnock Local Environmental Plan 1989 (Amendment No 120)
Amendments Schedule 1
(d) a subdivision for the purpose only of rectifying an encroachment on any existing lot. (5) State Environmental Planning Policy No 1—Development Standards does not apply to development for the purposes of subdivision on land to which this clause applies. (6) Public utility infrastructure Development consent must not be granted for development on land in an urban release area unless the consent authority is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when required. (7) Subclause (6) does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure. (8) In this clause: designated State public infrastructure means public facilities or services that are provided or financed by the State (or if provided or financed by the private sector, to the extent of any financial or in-kind contribution by the State) of the following kinds: (a) State and regional roads, (b) bus interchanges and bus lanes, (c) rail infrastructure and land, (d) land required for regional open space, (e) land required for social infrastructure and facilities (such as land for schools, hospitals, emergency services and justice purposes). public utility infrastructure means infrastructure for any of the following purposes: (a) the supply of water, (b) the supply of electricity, (c) the disposal and management of sewage. urban release area means the land shown edged heavy black on the following maps: Cessnock Local Environmental Plan 1989 (Amendment No 120) (9) This clause prevails over any other provision of this plan to the extent of any inconsistency.
Page 5
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 11002 OFFICIAL NOTICES 14 November 2008
Cessnock Local Environmental Plan 1989 (Amendment No 120)
Schedule 1 Amendments
[3] Schedule 3 Items of the environmental heritage Insert at the end of the Schedule:
25 Former Ayrfield No 1 Colliery—Remaining Colliery relics identified in “European Archaeological Assessment”, Insite Heritage, April 2005.
Page 6
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 OFFICIAL NOTICES 11003
New South Wales
Gosford Local Environmental Plan No 463
under the Environmental Planning and Assessment Act 1979
I, the Minister for Planning, make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (N98/00317/PC)
KRISTINA KENEALLY, M.P., Minister for Planning
e2008-020-32.d05 Page 1
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 11004 OFFICIAL NOTICES 14 November 2008
Clause 1 Gosford Local Environmental Plan No 463
Gosford Local Environmental Plan No 463 under the Environmental Planning and Assessment Act 1979
1 Name of plan This plan is Gosford Local Environmental Plan No 463. 2Aims of plan This plan aims: (a) to rezone the land to which this plan applies to partly Zone No 6 (a) Open Space (Recreation) and partly Zone No 7 (a) Conservation and Scenic Protection (Conservation) under Interim Development Order No 122—Gosford, and (b) to permit, subject to the consent of the Council of the City of Gosford, the subdivision of the land to which this plan applies, and (c) to permit, subject to the consent of the Council of the City of Gosford, the erection of a dwelling house on each lot of land to which this plan applies that is within Zone No 7 (a) Conservation and Scenic Protection (Conservation).
3 Land to which plan applies This plan applies to Lot 46, DP 755263, Oak Road, Matcham, as shown edged heavy black on the map marked “Gosford Local Environmental Plan No 463” deposited in the office of the Council of the City of Gosford.
4 Amendment of Interim Development Order No 122—Gosford Interim Development Order 122—Gosford is amended as set out in Schedule 1.
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NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 OFFICIAL NOTICES 11005
Gosford Local Environmental Plan No 463
Amendments Schedule 1
Schedule 1 Amendments
(Clause 4) [1] Clause 3 Insert in appropriate order in the definition of I.D.C. Map in clause 3 (1): Gosford Local Environmental Plan No 463
[2] Clause 100D Insert after clause 100C:
100D Development of certain land—Oak Road Matcham (1) This clause applies to Lot 46, DP 755263, Oak Road, Matcham, as shown edged heavy black on the map marked “Gosford Local Environmental Plan No 463” deposited in the office of the Council. (2) Despite any other provision of this Order, a person may, with the consent of the Council, subdivide the land to which this clause applies into 3 allotments. (3) The land to which this clause applies that is within Zone No 6 (a) is to fully comprise one allotment of land created under subclause (2). (4) A person may, with the consent of the Council, erect one dwelling-house on either or both of the allotments of land to which this clause applies that are within Zone No 7 (a). (5) The total number of dwelling-houses permitted on land to which this clause applies, including any dwelling-house existing on the land as at the commencement of this clause and any new dwelling-houses referred to in subclause (4), is 2.
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NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 11006 OFFICIAL NOTICES 14 November 2008
New South Wales
Great Lakes Local Environmental Plan 1996 (Amendment No 42)
under the Environmental Planning and Assessment Act 1979
I, the Minister for Planning, make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (N02/00178/PC)
KRISTINA KENEALLY, M.P., Minister for Planning
e2007-169-09.d07 Page 1
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 OFFICIAL NOTICES 11007
Clause 1 Great Lakes Local Environmental Plan 1996 (Amendment No 42)
Great Lakes Local Environmental Plan 1996 (Amendment No 42) under the Environmental Planning and Assessment Act 1979
1 Name of plan This plan is Great Lakes Local Environmental Plan 1996 (Amendment No 42).
2Aims of plan This plan aims to amend Great Lakes Local Environmental Plan 1996: (a) to rezone 2 lots from Zone No 5 (a) (Special Uses Zone) (Golf Course and Clubs) to Zone No 5 (a) (Special Uses Zone) (Club and Integrated Tourist Facility) to permit part of the land for the purposes of an integrated tourist facility, and (b) to permit the consolidation of the 2 lots referred to in paragraph (a), and their simultaneous redivision into 2 lots for the purpose of creating separate lots for the Forster Tuncurry Memorial Services Club and the integrated tourist facility, and (c) to permit the creation of separate strata lots for each tourist accommodation unit in the integrated tourist facility, but prohibit the permanent occupation of the units for residential purposes, and (d) to limit the height of any building erected on the land referred to in paragraph (a), and (e) to rezone certain other land from Zone No 1 (a) (Rural Zone) to partly Zone No 2 (a) (Low Density Residential Zone) and partly Zone No 7 (a1) (Environmental Protection Zone).
3 Land to which plan applies (1) With respect to the aims set out in clause 2 (a)–(d), this plan applies to Lot 1, DP 247867 and Lot 1, DP 43068, Strand Street, Forster, as shown edged heavy black and lettered “5 (a) Club and Integrated Tourist Facility” on Sheet 2 of the map marked “Great Lakes Local Environmental Plan 1996 (Amendment No 42)” deposited in the office of Great Lakes Council.
Page 2
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 11008 OFFICIAL NOTICES 14 November 2008
Great Lakes Local Environmental Plan 1996 (Amendment No 42) Clause 4
(2) With respect to the aim set out in clause 2 (e), this plan applies to Lot 32, DP 1022829, Part Lots 78 and 79, DP 1063829, Lot 97, DP 1063829, Lot 963, DP 1124937 and part of Coolabah Close, Tea Gardens, as shown edged heavy black and lettered “2 (a)” or “7 (a1)” on Sheet 1 of that map.
4 Amendment of Great Lakes Local Environmental Plan 1996 Great Lakes Local Environmental Plan 1996 is amended as set out in Schedule 1.
Page 3
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 OFFICIAL NOTICES 11009
Great Lakes Local Environmental Plan 1996 (Amendment No 42)
Schedule 1 Amendments
Schedule 1 Amendments
(Clause 4) [1] Clause 32 Specific developments Insert after item 5 in the Table to the clause:
6 Development of certain land—Forster Tuncurry Memorial Services Club, Strand Street, Forster (1) This clause applies to Lot 1, DP 247867 and Lot 1, DP 43068, Strand Street, Forster, as shown edged heavy black and lettered “5 (a) Club and Integrated Tourist Facility” on Sheet 2 of the map marked “Great Lakes Local Environment Plan 1996 (Amendment No 42)” (Sheet 2 of the map). (2) The Council may grant consent to the consolidation of Lot 1, DP 247867 and Lot 1, DP 43068 and their simultaneous redivision into 2 lots, but only if the Council is satisfied that: (a) a current development consent exists for the development of the land for the purposes of an integrated tourist facility, and (b) the subdivision of the land is for the purpose of creating separate lots for the Forster Tuncurry Memorial Services Club (the Club) and the integrated tourist facility. (3) The Council may grant consent to the creation of separate strata lots under the Strata Schemes (Freehold Development) Act 1973 for each tourist accommodation unit in the integrated tourist facility, but only if the Council is satisfied that permanent occupation of the units for residential purposes is prohibited. (4) The maximum height of any building erected on that part of the land as is shown cross-hatched on Sheet 2 of the map is not to exceed 18.6 metres above Australian Height Datum within the meaning of the Surveying Act 2002. (5) The maximum height of any building erected on that part of the land as is shown stippled on Sheet 2 of the map is not to exceed 11.4 metres above Australian Height Datum within the meaning of the Surveying Act 2002. (6) In this clause, integrated tourist facility means a tourist facility for which there is a single management entity for all components of the facility, whether or not different components of the facility are owned by different persons, being an entity that has no involvement in the management of the Club.
Page 4
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 11010 OFFICIAL NOTICES 14 November 2008
Great Lakes Local Environmental Plan 1996 (Amendment No 42)
Amendments Schedule 1
[2] Dictionary Insert in appropriate order in the definition of Map: Great Lakes Local Environmental Plan 1996 (Amendment No 42)
Page 5
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 OFFICIAL NOTICES 11011
New South Wales
Harden Local Environmental Plan No 7
under the Environmental Planning and Assessment Act 1979
I, the Minister for Planning, make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (QUE0000388/PC)
KRISTINA KENEALLY, M.P., Minister for Planning
e2008-058-09.d02 Page 1
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 11012 OFFICIAL NOTICES 14 November 2008
Clause 1 Harden Local Environmental Plan No 7
Harden Local Environmental Plan No 7 under the Environmental Planning and Assessment Act 1979
1 Name of plan This plan is Harden Local Environmental Plan No 7. 2Aims of plan This plan aims to rezone the land to which this plan applies from Zone No 1 (a) Non-urban “A” to Zone No 2 Village or Township under Interim Development Order No 1—Shire of Harden. 3 Land to which plan applies This plan applies to land within the local government area of Harden, being Lots 8–20, Section C, DP 6919, Lucan and Derby Streets, Harden, as shown edged dark scarlet and lettered “V” on the map marked “Harden Local Environmental Plan No 7” deposited in the office of Harden Shire Council.
4 Amendment of Interim Development Order No 1—Shire of Harden Interim Development Order No 1—Shire of Harden is amended by inserting in appropriate order in the definition of I.D.C. Map in clause 2 (1) the following words: Harden Local Environmental Plan No 7
Page 2
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 OFFICIAL NOTICES 11013
New South Wales
Holroyd Local Environmental Plan 1991 (Amendment No 52)
under the Environmental Planning and Assessment Act 1979
I, the Minister for Planning, make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (P07/00812/PC-1)
KRISTINA KENEALLY, M.P., Minister for Planning
e2008-104-36.d02 Page 1
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 11014 OFFICIAL NOTICES 14 November 2008
Clause 1 Holroyd Local Environmental Plan 1991 (Amendment No 52)
Holroyd Local Environmental Plan 1991 (Amendment No 52) under the Environmental Planning and Assessment Act 1979
1 Name of plan This plan is Holroyd Local Environmental Plan 1991 (Amendment No 52).
2Aims of plan This plan aims to rezone the land to which this plan applies from Zone No 2 (a) (Residential “A” Zone) to Zone No 4 (b) (Industrial Light Zone) under Holroyd Local Environmental Plan 1991.
3 Land to which plan applies This plan applies to land situated in the City of Holroyd, being Lot 101, DP 869545, Lot 2, DP 612085 and Lot 9, DP 794341, and known as 601–607A Great Western Highway, Greystanes, as shown coloured purple, edged heavy red and lettered “4 (b)” on the map marked “Holroyd Local Environmental Plan 1991 (Amendment No 52)” deposited in the office of the Council of the City of Holroyd.
4 Amendment of Holroyd Local Environmental Plan 1991 Holroyd Local Environmental Plan 1991 is amended by inserting in appropriate order in the definition of the map in clause 5 (1) the following words: Holroyd Local Environmental Plan 1991 (Amendment No 52)
Page 2
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 OFFICIAL NOTICES 11015
New South Wales
Maclean Local Environmental Plan 2001 (Amendment No 19)
under the Environmental Planning and Assessment Act 1979
I, the Minister for Planning, make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (G08/00039-1)
KRISTINA KENEALLY, M.P., Minister for Planning
e2008-113-29.d03 Page 1
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 11016 OFFICIAL NOTICES 14 November 2008
Clause 1 Maclean Local Environmental Plan 2001 (Amendment No 19)
Maclean Local Environmental Plan 2001 (Amendment No 19) under the Environmental Planning and Assessment Act 1979
1 Name of plan This plan is Maclean Local Environmental Plan 2001 (Amendment No 19).
2 Aim of plan The aim of this plan is to include in Schedule 1 (Environmental heritage) to Maclean Local Environmental Plan 2001 (the 2001 plan) descriptions of certain properties that are considered of heritage significance and that were exhibited as inclusions in Schedule 1 to the 2001 plan in amendments proposed to be made by Maclean Local Environmental Plan 2001 (Amendment No 18) but that were inadvertently omitted from the gazetted version of that amending plan.
3 Land to which plan applies This plan applies to certain land in the localities of Chatsworth Island and Lawrence described in Schedule 1 [1] and [2] to this plan, being land within the local government area of Clarence Valley to which Maclean Local Environmental Plan 2001 applies.
4 Amendment of Maclean Local Environmental Plan 2001 Maclean Local Environmental Plan 2001 is amended as set out in Schedule 1.
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NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 OFFICIAL NOTICES 11017
Maclean Local Environmental Plan 2001 (Amendment No 19)
Amendments Schedule 1
Schedule 1 Amendments
(Clause 4) [1] Schedule 1 Environmental heritage Omit all matter relating to the locality of Chatsworth Island. Insert instead:
Chatsworth Puntman’s Cottage and Chatsworth Road reserve Local Island ferry approach, 1990230 Road Chatsworth Avenue of trees, 1990013 Chatsworth Road reserve Local Island Road Chatsworth CSR Memorial, 1990262 Chatsworth Road reserve Local Island Road Chatsworth War Memorial, 1990261 Chatsworth Road reserve Local Island Road Chatsworth Residence (“Glencoe”), Chatsworth Lot 4, DP 605338 Local Island 1990248 Road Chatsworth Former Presbyterian 1 Chatsworth Lots 1 and 2, Local Island Church, 1990149 Road DP 392 Chatsworth Residence, 1990048 7 Chatsworth Lot 8, DP 31960 Local Island Road and Lots 7–10, DP 392 Chatsworth Post Office and General 9 Chatsworth Lot 8, DP 31960 Local Island Store, 1990233 Road and Lots 7–10, DP 392 Chatsworth Anglican Church, 15 Chatsworth Lot 14, DP 392 Local Island 1990265 Road Chatsworth Community hall, 1990260 17 Chatsworth Lots 15 and 16, Local Island Road DP 392 Chatsworth Residence, 1990187 27 Chatsworth Lot 2, DP 223663 Local Island Road Chatsworth Residence and shop, 29 Chatsworth Lot 1, DP 22413 Local Island 1990009 Road Chatsworth Residence, 1990192 35 Chatsworth Lots 28 and 29, Local Island Road DP 392 Chatsworth Residence, 1990186 39–57 Lot 11, DP 804169 Local Island Chatsworth Road
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NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 11018 OFFICIAL NOTICES 14 November 2008
Maclean Local Environmental Plan 2001 (Amendment No 19)
Schedule 1 Amendments
Chatsworth Primary school and 136–140 Lot 165, Local Island residence, 1990006 and Chatsworth DP 751373 1990007 Road Chatsworth Residence, 1990008 144 Lot 2, DP 571949 Local Island Chatsworth Road Chatsworth Residence, 1990193 10 Fig Tree Lots 32 and 33, Local Island Lane DP 392 Chatsworth Residence, 1990061 114 North Lot 25, DP 661428 Local Island Arm Drive
[2] Schedule 1 Omit all matter relating to the locality of Lawrence. Insert instead:
Lawrence War Memorial and park, Bridge Street Lot 9, Sec 3, Local 1990296 DP 758604 Lawrence Baptist Manse, 1990292 2 Bridge Street Lot 14, Sec 3, Local DP 564 and road reserve Lawrence Baptist Church, 1990016 9 Bridge Street Lot 21, DP 839199 Local Lawrence School of Arts Building, 10 Bridge Lot 10, Sec 3, Local 1990015 Street DP 758604 Lawrence Residence, 1990293 11 Bridge Lot 2, DP 568938 Local Street Lawrence Sportsmans Creek Bridge, 21–27 Bridge Lot 6, Sec 1, Local 1990115 Street DP 564 Lawrence Lawrence Cemetery, Casino Road Lots 1–8, Sec 51, Local 1990295 DP 758604 Lawrence Anglican Church, 63–71 High Lots 6–8, Sec 16, Local 1990018 Street DP 758604 Lawrence Bluff Point ferry, 1990142 Main Road Clarence River Local 152 Crossing Lawrence Lawrence Museum, 2 Merton Lot 11, Local 1990153 Street DP 1034955 Lawrence Memorial baths remains, off Rutland Property 1113889, Local 1990103 Street DP 84302 Lawrence Post Office and residence, 29–31 Rutland Lots 1 and 2, Local 1990135 Street DP 602497
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NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 OFFICIAL NOTICES 11019
Maclean Local Environmental Plan 2001 (Amendment No 19)
Amendments Schedule 1
Lawrence Police Station, 1990035 33–37 Rutland Lot 299, Local Street DP 822835 Lawrence Residence, 1990017 6 Stuart Lane Lot 2, Sec 62, Local DP 758604 Lawrence Cricket canteen, 1990122 Ward Street DP 758604 Local
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NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 11020 OFFICIAL NOTICES 14 November 2008
New South Wales
Richmond River Local Environmental Plan 1992 (Amendment No 23)
under the Environmental Planning and Assessment Act 1979
I, the Minister for Planning, make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (G01/00023/PC-1)
KRISTINA KENEALLY, M.P., Minister for Planning
e2008-072-32.d07 Page 1
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 OFFICIAL NOTICES 11021
Clause 1 Richmond River Local Environmental Plan 1992 (Amendment No 23)
Richmond River Local Environmental Plan 1992 (Amendment No 23) under the Environmental Planning and Assessment Act 1979
1 Name of plan This plan is Richmond River Local Environmental Plan 1992 (Amendment No 23). 2Aims of plan This plan aims: (a) to rezone part of the land to which this plan applies from Zone No 1 (b1) (Rural (Secondary Agricultural Land) Zone) to partly Zone No 1 (c) (Rural Residential Zone) and partly Zone No 7 (c) (Environmental Protection (Flora and Fauna) Zone) under Richmond River Local Environmental Plan 1992 (the 1992 plan), and (b) to rezone the remainder of that land from Zone No 1 (b1) (Rural (Secondary Agricultural Land) Zone) to Zone No 1 (c) (Rural Residential Zone) under the 1992 plan. This is done by amending the definition of THE MAP in clause 5 (1) of the 1992 plan. The zoning map supporting the 1992 plan currently comprises 13 sheets (identified consecutively as Map 1 to Map 13). The effect of amending the definition of THE MAP is to allow for the replacement of the sheets identified as “MAP 1 of 13” and “MAP 6 of 13”. The new sheets will incorporate the new zoning of the relevant land.
3 Land to which plan applies (1) With respect to the aim referred to in clause 2 (a), this plan applies to Lots 174 and 175, DP 755603, Reardons Lane, Swan Bay, Parish of Donaldson, as shown edged heavy black and lettered “1 (c)” or “7 (c)” on SHEET A of the map marked “Richmond River Local Environmental Plan 1992 (Amendment No 23)” deposited in the office of Richmond Valley Council.
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NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 11022 OFFICIAL NOTICES 14 November 2008
Richmond River Local Environmental Plan 1992 (Amendment No 23) Clause 4
(2) With respect to the aim referred to in clause 2 (b), this plan applies to Lots 221 and 222, DP 1091027, and Lot 21, DP 714435, Stones Road, Naughtons Gap, Parish of North Casino, as shown edged heavy black and lettered “1 (c)” on MAP SHEET B of the map marked “Richmond River Local Environmental Plan 1992 (Amendment No 23)” deposited in the office of Richmond Valley Council.
4 Amendment of Richmond River Local Environmental Plan 1992 Richmond River Local Environmental Plan 1992 is amended as set out in Schedule 1.
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NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 OFFICIAL NOTICES 11023
Richmond River Local Environmental Plan 1992 (Amendment No 23)
Schedule 1 Amendments
Schedule 1 Amendments
(Clause 4) [1] Clause 5 Interpretation Insert before the matter relating to MAP 3 in the definition of THE MAP in clause 5 (1): MAP 1—replaced by Richmond River Local Environmental Plan 1992 (Amendment No 23) [2] Clause 5 (1), definition of “THE MAP” Omit “Amendment No 25” from the matter relating to MAP 6. Insert instead “Amendment No 23”.
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NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 11024 OFFICIAL NOTICES 14 November 2008 Department of Primary Industries
MINERAL RESOURCES NOTICE is given that the following applications have been refused: NOTICE is given that the following applications have been received: EXPLORATION LICENCE APPLICATIONS EXPLORATION LICENCE APPLICATIONS (07-204) (T08-0237) No. 3099, PROJECTCARE & ASSOCIATES PTY LTD, HORNET RESOURCE ASSESSMENT SERVICES PTY No. 3611, COALWORKS LIMITED (ACN 114 702 831), LTD, JOHN NITSCHKE DRILLING PTY LTD and Peter area of 99 units, for Group 10 and Group 2, dated 5 November WILLIAMS, County of Mootwingee and County of Yantara, 2008. (Wagga Wagga Mining Division). Map Sheet (7337). Refusal took effect on 5 November (T08-0238) 2008. No. 3612, UNIMIN AUSTRALIA LIMITED (ACN 000 (07-206) 971 844), area of 6 units, for Group 2, dated 6 November No. 3101, PROJECTCARE & ASSOCIATES PTY LTD, 2008. (Orange Mining Division). HORNET RESOURCE ASSESSMENT SERVICES PTY (T08-0239) LTD, JOHN NITSCHKE DRILLING PTY LTD and Peter No. 3613, GOLDEN CROSS OPERATIONS PTY LTD WILLIAMS, County of Evelyn, Map Sheet (7237). Refusal (ACN 050 212 827), area of 53 units, for Group 1, dated took effect on 5 November 2008. 6 November 2008. (Cobar Mining Division). (07-207) (T08-0240) No. 3102, PROJECTCARE & ASSOCIATES PTY LTD, No. 3614, GOLDEN CROSS OPERATIONS PTY LTD HORNET RESOURCE ASSESSMENT SERVICES PTY (ACN 050 212 827), area of 39 units, for Group 1, dated LTD, JOHN NITSCHKE DRILLING PTY LTD and Peter 6 November 2008. (Cobar Mining Division). WILLIAMS, County of Poole and County of Tongowoko, Map Sheet (7239). Refusal took effect on 5 November (T08-0241) 2008. No. 3615, GOLDEN CROSS OPERATIONS PTY LTD (07-208) (ACN 050 212 827), area of 49 units, for Group 1, dated 6 November 2008. (Cobar Mining Division). No. 3103, PROJECTCARE & ASSOCIATES PTY LTD, HORNET RESOURCE ASSESSMENT SERVICES PTY (T08-0242) LTD, JOHN NITSCHKE DRILLING PTY LTD and Peter No. 3616, GOLDEN CROSS OPERATIONS PTY LTD WILLIAMS, County of Evelyn, Map Sheet (7238). Refusal (ACN 050 212 827), area of 62 units, for Group 1, dated took effect on 5 November 2008. 6 November 2008. (Cobar Mining Division). (07-209) (T08-0243) No. 3104, PROJECTCARE & ASSOCIATES PTY LTD, No. 3617, TUNGSTEN NSW PTY LTD (ACN 123 370 HORNET RESOURCE ASSESSMENT SERVICES PTY 365), area of 3 units, for Group 1, dated 8 November 2008. LTD, JOHN NITSCHKE DRILLING PTY LTD and Peter (Sydney Mining Division). WILLIAMS, County of Evelyn, County of Mootwingee and County of Yantara, Map Sheet (7237, 7337). Refusal took (T08-0244) effect on 5 November 2008. No. 3618, COBAR CONSOLIDATED RESOURCES LIMITED (ACN 118 684 576), area of 59 units, for Group IAN MACDONALD, M.L.C., 1, dated 10 November 2008. (Cobar Mining Division). Minister for Mineral Resources IAN MACDONALD, M.L.C., Minister for Mineral Resources NOTICE is given that the following application has been withdrawn: EXPLORATION LICENCE APPLICATION NOTICE is given that the following application has been (07-491) granted: No. 3351, CENTAURUS RESOURCES LIMITED MINING LEASE APPLICATION (ACN 120 281 969), County of Ashburnham and County (08-4530) of Kennedy, Map Sheet (8532). Withdrawal took effect on Armidale No. 321, now Mining Lease No. 1624 (Act 10 November 2008. 1992), NAMOI MINING PTY LTD (ACN 071 158 373), IAN MACDONALD, M.L.C., Parish of Gunnedah, County of Pottinger, Map Sheet Minister for Mineral Resources (8936-3-S), area of 233.9 hectares, to mine for coal, dated 5 November 2008, for a term until 5 November 2029. As a result of the grant of this title, Consolidated Coal Lease No. NOTICE is given that the following applications for renewal 701 (Act 1973) and Exploration Licence No. 5183 have partly have been received: ceased to have effect. (04-558) IAN MACDONALD, M.L.C., Exploration Licence No. 6356, MONARO MINING NL Minister for Mineral Resources (ACN 073 155 781), area of 7 units. Application for renewal received 6 November 2008.
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 OFFICIAL NOTICES 11025
(06-4114) CANCELLATION OF AUTHORITY AT REQUEST Exploration Licence No. 6671, EASTERN IRON OF HOLDER LIMITED (ACN 126 678 037) and PLATSEARCH NL NOTICE is given that the following authority has been (ACN 003 254 395), area of 99 units. Application for renewal cancelled: received 5 November 2008. (06-83) (06-4115) Exploration Licence No. 6717, OROYA MINING Exploration Licence No. 6672, EASTERN IRON LIMITED (ACN 009 146 794), County of Auckland, Map LIMITED (ACN 126 678 037) and PLATSEARCH NL Sheet (8823), area of 98 units. Cancellation took effect on (ACN 003 254 395), area of 80 units. Application for renewal 10 November 2008. received 5 November 2008. IAN MACDONALD, M.L.C., (06-4142) Minister for Mineral Resources Exploration Licence No. 6686, TRI ORIGIN MINING PTY LIMITED (ACN 115 529 112), area of 37 units. Application for renewal received 11 November 2008. IAN MACDONALD, M.L.C., Minister for Mineral Resources
RENEWAL OF CERTAIN AUTHORITIES NOTICE is given that the following authorities have been renewed: (C03-0121) Exploration Licence No. 5498, NEWCASTLE COAL COMPANY PTY LTD (ACN 074 900 208), County of Northumberland, Map Sheets (9132, 9232), area of 1475 hectares, for a further term until 23 July 2011. Renewal effective on and from 4 November 2008. (T02-0034) Exploration Licence No. 5973, STRAITS (HILLGROVE) GOLD PTY LTD (ACN 102 660 506), County of Sandon, Map Sheet (9236), area of 29 units, for a further term until 18 August 2010. Renewal effective on and from 4 November 2008. (06-109) Exploration Licence No. 6571, AUZEX RESOURCES LIMITED (ACN 106 444 606), Counties of Gough and Hardinge, Map Sheets (9137, 9138), area of 50 units, for a further term until 12 June 2010. Renewal effective on and from 7 November 2008. IAN MACDONALD, M.L.C., Minister for Mineral Resources
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 11026 OFFICIAL NOTICES 14 November 2008 Roads and Traffic Authority
ROAD TRANSPORT (GENERAL) ACT 2005 Notice under Clause 20 of the Road Transport (Mass, Loading and Access) Regulation 2005 GILGANDRA 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 Road Train Vehicles may be used subject to any requirements or conditions set out in the Schedule. P. A. MANN, General Manager, Gilgandra Shire Council (by delegation from the Minister for Roads) Dated: 5 November 2008
SCHEDULE 1. Citation This Notice may be cited as Gilgandra Shire Council’s Road Train Vehicle Route Notice No. 5/2008. 2. Commencement This Notice takes effect on 14 November 2008. 3. Effect This Notice remains in force until 31 December 2008 unless it is amended or repealed earlier. 4. Application This Notice applies to those Road Train 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 Conditions RT. 000. Gilgandra Shire Council Area. All local roads west of the Newell Highway (H17) Travel is not permitted during the following hours on school days: 7.45am to 9am and 3.30pm to 4.45pm. There is no road train access from local roads to the Newell Highway (H17) north of Gilgandra. There is a 10 tonne load limit on the bridge over the Wambelong Creek on Box Ridge Road west of Gummin Gummin. There is a 30 tonne, 15kmph load limit on the bridge over the Terrabile Creek at Curban on National Park Road. Speed on gravel roads is not to exceed 60kmph. Routes will operate from 14 November 2008 to 31 December 2008.
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 OFFICIAL NOTICES 11027
ROAD TRANSPORT (GENERAL) ACT 2005 Notice under Clause 20 of 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) 6 November 2008
SCHEDULE 1. Citation This Notice may be cited as Parkes Shire 25 metre B-Double Notice No. 3/2008. 2. Commencement This Notice takes effect on the date of Gazettal. 3. Effect This Notice remains in force until 30 September 2010 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 Road No. Road Name Starting Point Finishing Point Conditions 37. Kentucky Lane. Newell Highway. Kadina Road. Travel not permitted on school days between 8am and 9am and between 58. Cooks Myalls Lane. Condobolin Road. Freebairn Lane. 3.30pm and 4.30pm. 77. Plowmans Lane. Alectown Road. Bogan Road. 80km/h speed limit applies. 80. Wards Lane. Plowmans Lane. Newell Highway. 82. Freebairn Lane. Condobolin Road. Back Trundle Road. 84. Back Trundle Road. Freebairn Lane. Hopetoun Lane. 87. Glenara Lane. Bogan Road. Clipsham Road. 102. Avondale Road. Bogan Road. Alectown West Road. 102. Alectown Road. Newell Highway at Avondale Road. Alectown. 79A. Wyatts Lane. Bogan Road. Oreil Property entrance.
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 11028 OFFICIAL NOTICES 14 November 2008
ROAD TRANSPORT (GENERAL) ACT 2005 Notice under Clause 20 of the Road Transport (Mass, Loading and Access) Regulation 2005 CANTERBURY CITY 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. JIM MONTAGUE, General Manager, Canterbury City Council (by delegation from the Minister for Roads) 5 November 2008 SCHEDULE 1. Citation This Notice may be cited as Canterbury City Council 25 Metre B-Double route Notice No. 01/2008. 2. Commencement This Notice takes effect on the date of gazettal. 3. Effect This Notice remains in force until 30 September 2010 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 Name Starting Point Finishing Point Conditions 25. Belmore Road, Punchbowl. Wiggs Road. 62 Belmore Road. Deliveries only between 7.30am-5.30pm, Mon – Fri, 7.30am-1.00pm, Sat.
ROAD TRANSPORT (GENERAL) ACT 2005 Notice under the Roads Transport (Mass, Loading and Access) Regulation 2005 I, Les Wielinga, Chief Executive of the Roads and Traffi c Authority, in pursuance 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. LES WIELINGA, Chief Executive, Roads and Traffi c Authority SCHEDULE 1. Citation This Notice may be cited as the Roads and Traffi c Authority B-Double Notice No. 12/2008. 2. Commencement This Notice takes effect on the date of gazettal. 3. Effect This Notice remains in force until 30 September 2010 from the date of gazettal unless it is amended or repealed earlier. 4. Application This Notice applies to those 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 Point Finishing Point Conditions 25 54 Crookwell Road, MR248 Laggan Road MR52 Grabben Gullen Crookwell Road (Stephenson Street)
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 OFFICIAL NOTICES 11029
ROADS ACT 1993 ROADS ACT 1993
LAND ACQUISITION (JUST TERMS Notice of Dedication of Land as Public Road at COMPENSATION) ACT 1991 Gumly Gumly in the Wagga Wagga City Council area
Notice of Compulsory Acquisition of Land at Cecil Hills THE Roads and Traffic Authority of New South Wales, by in the Liverpool City Council area its delegate, dedicates the land described in the schedule below as public road under section 10 of the Roads Act THE Roads and Traffic Authority of New South Wales by 1993. its delegate declares, with the approval of His Excellency the Lieutenant Governor, that the land described in the schedule T D Craig below is acquired by compulsory process under the Manager, Compulsory Acquisition & Road Dedication provisions of the Land Acquisition (Just Terms Roads and Traffic Authority of New South Wales Compensation) Act 1991 for the purposes of the Roads Act ______1993. SCHEDULE T D Craig Manager, Compulsory Acquisition & Road Dedication ALL that piece or parcel of land situated in the Wagga Roads and Traffic Authority of New South Wales Wagga City Council area, Parish of Gumly Gumly and ______County of Wynyard, shown as Lot 22 Deposited Plan 1122318. SCHEDULE (RTA Papers: 14/468.1118) ALL those pieces or parcels of land situated in the Liverpool City Council area, Parish of Cabramatta and County of Cumberland, shown as:
Lot 111 Deposited Plan 1130459, being part of the land in Certificate of Title 1/1062502; and
Lots 107, 108 and 110 Deposited Plan 1130459, being parts of the land in Certificate of Title 2/875867; excluding any existing easements from the compulsory acquisition of the land listed above.
The land is said to be in the possession of Liverpool City Council.
(RTA Papers: FPP 8M3328; RO 259.12382)
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 11030 OFFICIAL NOTICES 14 November 2008 Other Notices
ASSOCIATIONS INCORPORATION ACT 1984 DISTRICT COURT ACT 1973 Cancellation of Incorporation pursuant to Section 55A District Court of New South Wales Direction TAKE notice that the incorporation of the following associations is cancelled by this notice pursuant to section PURSUANT to section 173 of the District Court Act 1973, 55A of the Associations Incorporation Act 1984. I direct that the District Court shall sit in its criminal jurisdiction at the place and time shown as follows: Cancellation is effective as at the date of gazettal. Nowra, 10:00 a.m., 2 March 2009 (2 weeks), in lieu of Punjabi Study Circle Australia (Sydney) Incorporated 30 March 2009 (2 weeks). INC9878890 Dated this 5th day of November 2008. Youthopia – Young Volunteers Australia Incorporated INC9879226 R. O. BLANCH, Premie Babies Incorporated INC9879786 Chief Judge Valentine Festival Committee Incorporated INC9883059 DISTRICT COURT ACT 1973 International Music Forum Committee Incorporated District Court of New South Wales INC9885221 Direction H.A.S.G. Students’ Association Incorporated PURSUANT to section 32 of the District Court Act 1973, I INC9879553 direct that the District Court shall sit in its civil jurisdiction CHRISTINE GOWLAND, at the place and time shown as follows: Manager, Nowra, 10:00 a.m., 16 March 2009 (1 week). Financial Analysis Branch, Registry of Co-operatives and Associations, Dated this 5th day of November 2008. Offi ce of Fair Trading, R. O. BLANCH, Department of Commerce Chief Judge 10 November 2008
ELECTRICITY SUPPLY ACT 1995 ASSOCIATIONS INCORPORATION ACT 1984 Factors for Determining Greenhouse Gas Cancellation of Incorporation pursuant to Sections 55A Benchmarks for 2009 and 55B IN accordance with section 97BF of the Electricity Supply TAKE notice that the incorporation of the following Act 1995, the Tribunal has determined the following factors associations is cancelled by this notice pursuant to sections for the purpose of determining greenhouse gas benchmarks 55A and 55B of the Associations Incorporation Act 1984. for benchmark participants for 2009: (a) NSW Pool Coeffi cient = 0.967 tCO -e /MWh Cancellation is effective as at the date of gazettal. 2 (b) Total State Electricity Demand = 80,109 GWh Peak Hill Urban Landcare Incorporated INC9876740 (c) Total State Population = 7,041,800 NSW/ACT Biathlon Association Incorporated (d) Electricity Sector Benchmark = 51,193,886 tCO -e INC9878474 2 Tamworth and District Trail Riders Association These factors may also be viewed on the NSW Greenhouse Incorporated Y2834216 Gas Reduction Scheme website at www.greenhousegas.nsw. gov.au. Australian Cotton Shippers Association Inc Y1236638 Ocean Shores Country Club Social Amateur Fishing Inquiries should be directed to Mr Gary Drysdale on Club Inc Y1480332 (02) 9290 8477or [email protected]. Helping Hand Inc Y0182445 JAMES P. COX, Kendall Rural Education Centre Incorporated Chief Executive Offi cer INC9886631 and Full Time Member Challenge Cowra Incorporated Y1770811 Independent Pricing and Regulatory Tribunal, PO Box Q290, QVB Post Offi ce NSW 1230. CHRISTINE GOWLAND, Manager, Financial Analysis Branch, FIRE BRIGADES ACT 1989 Registry of Co-operatives and Associations, Erratum Offi ce of Fair Trading, Department of Commerce THE Official Notices section of the New South Wales 10 November 2008 Government Gazette published on the 7 September 2007, Gazette No. 116, page 7005, contains errors in that the Fire Districts of Campbelltown and Liverpool should have been shown as “Sydney Fire District”.
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 OFFICIAL NOTICES 11031
The correct information is shown in the following c. pursuant to section 5 (5) of the Act, do hereby specify schedule. for the purposes of section 7 (c) of the Act that the Australian Olympic Committee shall be required to SCHEDULE notify in writing to the NSW Department of Health Sydney Fire District the following information: Comprising the existing Fire District in Campbelltown (i) the names of the visiting health professionals, City Council, with additions and deletions as delineated being medical practitioners and physiotherapists, on Map No. 088/05/01 kept in the offi ce of the NSW Fire who will be providing health care services Brigades. to visitors within section 6 of the Act (being international youth Olympic team members at Sydney Fire District the 2009 Australian Youth Olympic Festival), Comprising the existing Fire District in Liverpool City and who have been designated by the Australian Council, with additions and deletions as delineated on Map Olympic Committee as “registered 2009 No. 008/05/1 kept in the offi ce of the NSW Fire Brigades. Australian Youth Olympic Festival doctors” and “registered 2009 Australian Youth Olympic Festival physiotherapists” respectively; and GEOGRAPHICAL NAMES ACT 1966 (ii) the name of the country to whose team Erratum members those visiting medical practitioners or PURSUANT to the provisions of section 10 of the physiotherapists will be providing health care Geographical Names Act 1966, the Geographical Names services; and Board hereby notifi es that it has this day assigned the name d. pursuant to section 10 (2) (a) of the Act, do hereby Oaky Creek to a watercourse which fl ows from an area about authorise a visiting medical practitioner who has been 3 km east by north of Boonanghi trigonometrical station. It designated as a “registered 2009 Australian Youth is about 10 km in length and fl ows generally in an easterly Olympic Festival doctor” in accordance with clause c direction into the Macleay River at a point about 4 km south- (i) above, to issue written prescriptions for restricted west of Turners Flat Bridge. substances or drugs of addiction within the meaning of the NSW Poisons and Therapeutic Goods Act 1966, The position and extent of this feature is recorded and providing that: shown within the Geographical Names Register of New South Wales. This information can be accessed through the (i) those prescriptions are only issued for the treatment Board’s web site at www.gnb.nsw.gov.au. of team members of a named international youth Olympic team referred to in paragraph c (ii) WARWICK WATKINS, above; and Chairman (ii) such prescriptions otherwise satisfy the Geographical Names Board, requirements of the NSW Poisons and Therapeutic PO Box 143, Bathurst NSW 2795. Goods Act 1966 and any Regulation made under that Act, and are completed in any such manner GEOGRAPHICAL NAMES ACT 1966 as the Director-General or the Chief Pharmacist of the Department of Health may require. Erratum Signed this 11th day of November 2008. IN the notice referring to the assignment of the name Stoney Creek, Folio 2498, 26 April 2002, the name was incorrectly JOHN DELLA BOSCA, M.L.C., spelt. The correct spelling for this feature is Stony Creek. Minister for Health This notice corrects that error. LOCAL GOVERNMENT ACT 1993 WARWICK WATKINS, Chairman Proclamation Geographical Names Board, JAMES SPIGLEMAN, AC, Lieutenant Governor PO Box 143, Bathurst NSW 2795. I, the Hon. JAMES SPIGLEMAN, AC, Lieutenant Governor of the State of New South Wales, with the advice of the HEALTH PROFESSIONALS (SPECIAL EVENTS Executive Council and in pursuance of section 207 of the EXEMPTION) ACT 1997 Local Government Act 1993, do by this Proclamation, declare Order that the Area of the Shire of Baulkham Hills as constituted by proclamation in New South Wales Government Gazette No. I, John DELLA BOSCA, Minister for Health: 121 of 7 March 1906, under the Local Government (Shires) a. pursuant to section 5 (1) and (2) of the Health Act 1905, and altered by proclamations in New South Wales Professional (Special Events Exemption) Act 1997 Government Gazettes No. 28 of 27 February 1925, No. 166 (“the Act”) do hereby declare the 2009 Australian of 23 October 1936 and No. 56 of 21 May 1948, under the Youth Olympic Festival to be a special event for the Local Government Act 1919, be renamed The Hills Shire. purpose of the Act; and Signed and sealed at Sydney, this 22nd day of October b. pursuant to section 5 (3) of the Act, do hereby specify 2008. the period from 1 to 31 January 2009, both days By His Excellency’s Command, inclusive, as the period during which the exemptions under section 11 (1), (2) and (3) of the Act shall have BARBARA PERRY, M.P., effect; and Minister for Local Government GOD SAVE THE QUEEN! NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 11032 OFFICIAL NOTICES 14 November 2008
MENTAL HEALTH ACT 2007 persons to have been provided with general health and safety induction training that complies with clause 217 Section 109 of the Regulation; I, Professor DEBORA PICONE, AM, Director-General of the • Certain self-employed persons from sub-clause NSW Department of Health, in pursuance of the provisions of 215 (1) of the Regulation in relation to carrying out section 109 of the Mental Health Act 2007, DO HEREBY: construction work and the requirement for those (a) DECLARE the premises listed in Column 2 below persons to have undergone general health and safety to be a mental health facility for the purposes of the induction training that complies with clause 217 of Mental Health Act 2007, with the name listed in the Regulation; and column 1; • Certain persons carrying out construction work from (b) DECLARE such facility to be designated as a class clause 215A of the Regulation and the requirement for of facilities to be known as “health care agencies” those persons to produce for inspection immediately for the purposes of section 109 (2) (a); an OHS induction training certifi cate at the direction (c) RESTRICT such facility to the provision of services of an inspector. and performance of functions necessary for or The exemption only applies in relation to holders of associated with the administration or management “WorkCover Approved Cards”. “WorkCover Approved of a community treatment order under the Mental Cards” include: Health Act 2007. • Construction Induction Cards issued by SafeWork I further declare that, in accordance with the terms of South Australia (White Cards); section 109 (1) (c), sections 111 and 112 of the Act do not • Proof-of-training cards issued under the Victorian apply in respect of these facilities. Construction Industry Basic OHS Induction Training Column 1 Column 2 Agreement (Red Cards); Temora Community Mental 294-296 Hoskins Street, • Construction Induction Cards as defined in the Health and Drug and Alcohol Temora NSW 2666. Occupational Health and Safety Regulations 2007 Service. (Vic) (Construction Induction Cards); and • A “general induction card” as defi ned under Schedule Dated, this 11th day of November 2008. 9 to the Workplace Health and Safety Regulation 1997 DEBORA PICONE, AM, (Qld) (Blue Card). Director-General The exemption also only applies in relation to obligations with respect to general health and safety induction training that complies with clause 217 of the Regulation. The OCCUPATIONAL HEALTH AND SAFETY exemption is granted subject to certain conditions. REGULATION 2001 This Order also withdraws Exemption Order No. 013/06 Exemption Order No. 013/08 which was for the period from 1 January 2007 until 1 January I, JOHN WATSON, General Manager, Occupational Health 2009 relating to: and Safety Division, of the WorkCover Authority of New • Proof-of-training cards issued under the Victorian South Wales, pursuant to clause 348 of the Occupational Construction Industry Basic OHS Induction Training Health and Safety Regulation 2001 make the following Agreement (Red Cards) and Order. • a “general induction card” as defi ned under Schedule Dated this 12th day of November 2008. 9 to the Workplace Health and Safety Regulation 1997 (Qld) (Blue Card) JOHN WATSON, General Manager, Occupational Health and Safety Regulation 2001 Occupational Health and Safety Division, Exemption Order No. 013/08 WorkCover Authority of New South Wales 1. Name of Order Explanatory Note This Order is the Occupational Health and Safety Clause 348 of the Occupational Health and Safety Regulation 2001: Exemption Order No. 013/08. Regulation 2001 (the Regulation) provides that WorkCover 2. Commencement may by order published in the New South Wales Government This Order commences on the date of gazettal and has Gazette exempt any class of person or things from a specifi ed effect for the period up until 1 April 2010, unless sooner provision of the Regulation. withdrawn by WorkCover under clause 348 (5) of the This Order exempts: Regulation. • Principal contractors from sub-clauses 213 (1) and 213 3. Withdrawal of Exemption Order No. 013/06 (1A) of the Regulation in relation to certain persons The Occupational Health and Safety Regulation 2001: carrying out construction work on a construction Exemption Order No. 013/06 is withdrawn. project and the requirement for those persons to have undergone general health and safety induction training 4. Exemption that complies with clause 217 of the Regulation; This Order exempts: • Employers from sub-clauses 214 (1) and 214 (1A) of 1. Principal contractors from sub-clauses 213 (1) and the Regulation in relation to certain persons carrying 213 (1A) of the Regulation in relation to general out construction work and the requirement for those health and safety induction training that complies
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 OFFICIAL NOTICES 11033
with clause 217 of the Regulation for the holders (ii) A person holding a current WorkCover of WorkCover Approved Cards carrying out Approved Card carrying out construction work construction work on a construction project; must also produce for inspection immediately 2. Employers from sub-clauses 214 (1) and 214 (1A) any relevant form of identity of the person, of the Regulation in relation to general health and including a sample of the person’s usual safety induction training that complies with clause signature or driver’s licence, when directed to 217 of the Regulation for the holders of WorkCover do so by an inspector. Approved Cards carrying out construction work; (iii) A person holding a WorkCover Approved Card 3. Self-employed persons holding WorkCover carrying out construction work must not fail to Approved Cards from sub-clause 215 (1) of the comply with a direction given by an inspector Regulation in relation to general health and safety under paragraphs (4) (i) and (ii) above. induction training that complies with clause 217 of 6. Defi nitions the Regulation for carrying out construction work; In this Order a “WorkCover Approved Card” includes: and (a) A current ‘Construction Induction Card’. The card 4. Persons carrying out construction work who hold is uniquely numbered and must bear the SafeWork WorkCover Approved Cards from clause 215A of South Australia logo. The card is colloquially the Regulation. known as a “White Card”; 5. Conditions (b) A current proof-of-training card issued to a This Exemption is issued subject to the following person (holder) under the Victorian Construction conditions: Industry Basic OHS Induction Training Agreement. (1) Principal contractor The card is uniquely numbered and must bear the “Foundations for Safety” logo. The card is (i) A principal contractor for a construction colloquially known as a “Red Card” but is not project must not direct or allow another necessarily red in colour; person to carry out construction work on the construction project unless the principal (c) A current “Construction Induction Card” as defi ned contractor is satisfi ed that the person is a holder in the Occupational Health and Safety Regulations of a WorkCover Approved Card. 2007 (Vic). The card is uniquely numbered and must (ii) The only evidence on the basis of which a bear the WorkSafe Victoria logo. The card is known principal contractor may be satisfi ed that a as the Construction Induction Card; and person has been issued with a WorkCover (d) A current “general induction card” as defined Approved Card is the production by the person under Schedule 9 to the Workplace Health of a WorkCover Approved Card. and Safety Regulation 1997 (Qld). The card is (iii) A principal contractor for a construction uniquely numbered and must bear the “Queensland project must keep a copy of a WorkCover Government Department of Industrial Relations” Approved Card in relation to each relevant logo. The card is colloquially known as a “Blue person carrying out construction work on the Card”. construction project, until 3 years after the In this Order all terms and defi nitions are consistent with project is completed. the terms and defi nitions contained in the Occupational (2) Employer Health and Safety Act 2000 and Occupational Health and (i) An employer must ensure that any employee Safety Regulation 2001. whom the employer employs to carry out construction work is a holder of a WorkCover Approved Card. PESTICIDES ACT 1999 (ii) The only evidence on the basis of which an Notice under Section 48 (4) employer may be satisfi ed that a person has been issued with a WorkCover Approved Card NOTICE is hereby given, pursuant to section 48 (4) of the is the production by the person of a WorkCover Pesticides Act 1999, that I have granted an Aircraft (Pesticide Approved Card. Applicator) Licence, particulars of which are stated in the (iii) An employer must keep a copy of a WorkCover Schedule. Approved Card in relation to each employee COLIN RANNARD, carrying out construction work, until 3 years A/Manager, Dangerous Goods, after the employee has ceased to be employed Department of Environment and Climate Change by the employer. (by delegation) (3) Self-employed persons (i) A self-employed person must not carry out SCHEDULE construction work unless the person holds a Aircraft (Pesticide Applicator) Licence WorkCover Approved Card. Name and address Date of Granting (4) Person carrying out construction work of Licensee of Licence (i) A person holding a WorkCover Approved Card CALLAGHAN AGRICULTURAL 10 November 2008. carrying out construction work must produce SERVICES PTY LTD, the WorkCover Approved Card for inspection Farm 608, Gilbert Road, immediately when directed to do so by an Coleambally NSW 2707. inspector.
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 11034 OFFICIAL NOTICES 14 November 2008
POISONS AND THERAPEUTIC GOODS ACT 1966 Appearances by accused persons or defendants in criminal proceedings Order Under Clause 175 (1), Poisons and Therapeutic Goods Regulation 2008. 7. When making arrangements for the appearance of accused persons or defendants in proceedings, the Withdrawal of Drug Authority Court will have regard to the operational requirements IN accordance with the provisions of clause 175 (1) of the of the departments of Juvenile Justice and Corrective Poisons and Therapeutic Goods Regulation 2008 an order has Services. It will also have regard to the following been made on Rowena PIERCE, RN0781671, 1231-1237A priorities for the use of AVL: Elizabeth Drive, Mount Vernon NSW 2171 prohibiting her 1. Bail hearings in any NSW court until further notice, as a nurse from having possession of and 2. Mentions in criminal proceedings and arraignment supplying drugs of addiction as authorised by clauses 101 hearings in any NSW court and 103 of the Regulation. 3. Appellate hearings in any NSW court This order is to take effect on and from 14 November 4. Sentencing hearings in any NSW court and 2008. 5. Other hearings in any NSW court. Sydney, 11 November 2008. J. J. SPIGELMAN, AC, Professor DEBORA PICONE, A.M., Chief Justice of New South Wales Director-General, 6 November 2008 Department of Health, New South Wales, Related information • This Practice Note was issued on 6 November 2008 PRACTICE NOTE SC GEN 15 and commenced on 1 January 2009. • Evidence (Audio and Audio-Visual Links) Act 1998. Supreme Court General – Use of Audio-Visual Links in Criminal and certain Civil Proceedings SUBORDINATE LEGISLATION ACT 1989 Commencement 1. This Practice Note commences on 1 January 2009. Commission for Children and Young People Application Notice under Section 5 of the Subordinate Legislation Act 1989 2. This Practice Note applies to civil and criminal proceedings. Making of the Commission for Children and Young People Regulation 2008 Defi nitions THE Commission for Children and Young People (CCYP) 3. In this Practice Note: administers the Commission for Children and Young People Act means Evidence (Audio and Audio-Visual Links) Act 1998 (the Act). The Government is making a regulation Act 1998 to give effect to section 33P of the Act. The regulation will AVL means audio-visual links be called the Commission for Children and Young People AVL directions has the same meaning as in the Regulation 2008. Evidence (Audio and Audio-Visual Links) Act The proposed regulation will provide that self employed 1998 persons in child-related employment must obtain a certifi cate Government agency witnesses has the same meaning to demonstrate they are not prohibited from child-related as in the Evidence (Audio and Audio-Visual Links) employment under the Act. Child-related employment is Act 1998 defi ned under section 33 (1) (a) of the Act. A Prohibited Designated government agencies has the same Person is defi ned under section 33B of the Act. The proposed meaning as in the Evidence (Audio and Audio- regulation promotes the safety and welfare of children by Visual Links) Act 1998 preventing prohibited persons from engaging in child-related employment. Introduction The proposed draft Commission for Children and Young 4. The purpose of this Practice Note is to establish People Regulation 2008 and the regulatory impact statement arrangements for the use of AVL in criminal and are on public exhibition from 24 November 2008 to 12 certain civil proceedings. December 2008. They can be obtained from the CCYP’s Appearances by government agency witnesses website www.kids.nsw.gov.au or viewed between 9.00am 5. If they have not already done so, no less than and 5.00pm, business days, at: 10 working days prior to a hearing parties to the Commission for Children and Young People proceedings are to advise the Court and each other Level 2, 407 Elizabeth Street if Government witnesses are to give evidence by Surry Hills NSW 2010 AVL. The CCYP invites written comments and submissions by Applications by designated government agencies Friday 12 December 2008, addressed to: 6. Applications by Government agencies to make AVL Regulation directions are to be lodged at the Court no later than Commission for Children and Young People 10 working days prior to a hearing. Copies are to be Level 2, 407 Elizabeth Street served on parties to the proceedings. Surry Hills NSW 2010 or [email protected]
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 OFFICIAL NOTICES 11035
TRANSPORT ADMINISTRATION ACT 1988 LAND ACQUISITION (JUST TERMS COMPENSATION) ACT 1991 Notice of Compulsory Acquisition of Land for the Purposes of Rail Corporation New South Wales RAIL CORPORATION NEW SOUTH WALES, with the approval of Her Excellency the Governor, declares that the interest in land described in the Schedule hereto is acquired by compulsory process under the provisions of the Land Acquisition (Just Terms Compensation) Act 1991, for the purposes of Rail Corporation New South Wales, as authorised by the Transport Administration Act 1988. Dated this 1st day of November 2008. ROB MASON, Chief Executive Offi cer
SCHEDULE (Lease only) A lease as determined between Rail Corporation New South Wales and Liverpool City Council of all that piece or parcel of land situate at Hammondville in the Local Government Area of City of Liverpool, Parish of Holsworthy, County of Cumberland and State of New South Wales, having an area of approximately 7430sqm and identifi ed as Lot A on GIS Plot dated 2.06.2008 and cataloged as drawing No. R30953 in RailCorp’s Property Division, being part of the land comprised within Lot 2, Deposited Plan 747513 said to be in possession of Liverpool City Council. RailCorp Reference: 303191.
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 11036 OFFICIAL NOTICES 14 November 2008
Protection of the Environment Operations (Waste) Regulation 2005 – General Exemption Under Part 6, Clause 51 and 51A
The foundry sand in recovered aggregate exemption 2008
Name 1. This exemption is to be known as ‘The foundry sand in recovered aggregate exemption 2008’.
Commencement 2. This exemption commences on 17 November 2008.
Duration 3. This exemption is valid until revoked by the Environment Protection Authority (EPA) by notice published in the Government Gazette.
Legislation 4. Under the Protection of the Environment Operations (Waste) Regulation 2005 (the Regulation):
4.1. Clause 51 (2) authorises the EPA to grant an exemption in relation to any matter or thing including an activity or class of activities, and 4.2. Clause 51A authorises the EPA to exempt a person from any of the following provisions in relation to an activity or class of activities relating to certain waste that is to be land applied or used as a fuel: x the provisions of sections 47 to 49 and 88 of the Protection of the Environment Operations Act 1997 (the Act), x the provisions of Schedule 1 to the Act, either in total or as they apply to a particular activity, and x the provisions of Part 3 and clauses 45 and 47 of the Regulation.
Exemption 5. In this Notice of Exemption:
5.1. The responsible person listed in Column 1 of Table 1 is exempt from the provision/s listed in Column 2 of that table but only in relation to activities involving the relevant waste and only where the responsible person complies with the conditions referred to in Column 3 of the table.
However, this Notice of Exemption does not exempt the responsible person from the provisions specified in Column 2 where the relevant waste is received at premises that are, despite this exemption, required to be licensed for waste disposal (application to land) activities under the provisions of the Act.
5.2. Where a responsible person complies with the conditions of this Notice of Exemption, the activity referred to in Schedule 1 from which that person is exempt is taken to be a non-scheduled activity for the purposes of the Act.
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Table 1 Column 1 Column 2 Column 3 Responsible Provisions from which the responsible Conditions to be met by the person person is exempt responsible person Generator section 48 of the Act in respect of clause 39 of all requirements specified in Schedule 1 to the Act section 7 and 8 Processor section 48 of the Act in respect of clause 39 of all requirements specified in Schedule 1 to the Act section 7 and 9 Consumer section 48 of the Act in respect of clauses 34, all requirements specified in 39, 41 and 42 of Schedule 1 to the Act section 7 and 10 section 88 of the Act clause 45 and 47 of the Regulation
This Notice of Exemption is a general exemption for the purposes of clause 51(3) of the Regulation.
Definitions 6. In this Notice of Exemption:
Characterisation means sampling and testing that must be conducted on the foundry sand for the range of chemicals and other attributes listed in Column 1 of Table 2. Composite sample means a sample that combines 5 discrete sub-samples into a single sample for the purpose of analysis. Consumer means a person who applies, causes, or permits the application to land of foundry sand within the definitions of “application to land” in accordance with the Act. The consumer may be the landholder responsible for the land to which foundry sand are applied. Where a person responsible for transporting the foundry sand to the land application site is also the party applying the foundry sand, this person must meet the responsibilities of the consumer. Generator means a person who generates, supplies, causes, or permits the supply of foundry sand to a processor. Foundry sand means material recovered from the moulds used in the hot casting of iron, steel and aluminium metals, comprised predominantly of sand and fine sand rejects from sand recovery systems. Foundry sand does not include other materials from foundries such as bag dusts, dross and slags, or foundry sand from the casting of other materials, including brass, bronze, stainless steel or any other metal alloys, combination of alloys or hot dipping or surface treating. Once-off sampling means sampling and testing that must be conducted only once on a batch, truckload or stockpile of foundry sand that is not repeated, reproduced and does not form part of a continuous process. Processor means a person who processes, mixes, blends, or otherwise incorporates foundry sand into a material for supply to a consumer. Recovered aggregate means material that meets the conditions of ‘The recovered aggregate exemption 2008’. Relevant waste means foundry sand that meets the requirements of Section 7. Routine sampling means sampling and testing that must be conducted on the foundry sand on an ongoing and regular basis.
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General conditions 7. This Notice of Exemption is subject to the following conditions:
7.1. The chemical concentration or other attribute of the foundry sand listed in Column 1 of Table 2 must not exceed any of the following: 7.1.1. the absolute maximum concentration or other value listed in Column 4 of Table 2, 7.1.2. for characterisation or once-off tests, the maximum average (based on the arithmetic mean) concentration or other value listed in Column 2 of Table 2, and 7.1.3. for routine tests, the maximum average (based on the arithmetic mean) concentration or other value listed in Column 3 of Table 2. 7.2. The foundry sand can only be applied to land if mixed or blended with, or otherwise incorporated into, recovered aggregate at less than 20% by weight.
Generator responsibilities 8. The following conditions must be met by the generator for this exemption to apply:
8.1. Sampling must be undertaken in accordance with Australian Standard 1141 Methods for sampling and testing aggregates (or equivalent). Sampling and information on sample storage and preparation must be detailed in a written sampling plan. 8.2. Where the foundry sand is generated as part of a continuous process, the generator must undertake characterisation and routine sampling according to the requirements listed in Column 1 and Column 2 of Table 3. 8.3. Where the foundry sand is not generated as part of a continuous process, the generator may undertake once-off sampling of a batch, truckload or stockpile of foundry sand according to the requirements listed in Column 3 of Table 3, for the range of chemicals and other attributes listed in Column 1 of Table 2. 8.4. Where there is a change in inputs that is likely to affect the properties in the foundry sand, characterisation must be repeated. Characterisation samples can be used for routine testing and subsequent calculations. 8.5. Generators must keep a written record of all characterisation, routine and/or once-off test results for a period of three years. 8.6. Records of the quantity of foundry sand supplied to the processor and the processor’s name and address must be kept for a period of three years. 8.7. The generator of foundry sand must provide a written statement of compliance to the processor with each transaction, certifying that the foundry sand complies with the relevant conditions of this exemption. 8.8. The generator of foundry sand must make information on the latest characterisation and routine test results available to the processor.
Processor responsibilities 9. The following conditions must be met by the processor for this exemption to apply:
9.1. The foundry sand must be or blended with, or otherwise incorporated into, recovered aggregate at less than 20% by weight. 9.2. Records of the quantity of foundry sand supplied to the consumer and the consumer’s name and address must be kept for a period of three years.
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9.3. The processor of foundry sand must provide a written statement of compliance to the consumer with each transaction, certifying that the foundry sand complies with the relevant conditions of this exemption. 9.4. The processor of foundry sand must make information on the latest characterisation and routine test results available to the consumer.
Consumer responsibilities 10. The following conditions must be met by the consumer for this exemption to apply:
10.1. Records of the quantity of the foundry sand received by the consumer and the suppliers’ name and address must be kept for a period of three years. 10.2. The consumer must not allow the direct application of foundry sand to land. 10.3. The consumer must land apply the relevant waste within a reasonable period of time.
Chemical and other material property requirements 11. This Notice of Exemption only applies to foundry sand where the chemical and other attributes listed in Column 1 of Table 2 comply with the chemical concentrations and other values listed in Column 2, Column 3 and Column 4 of Table 2, when analysed according to test methods specified in Column 5 of Table 2.
Table 2 Column 1 Column 2 Column 3 Column 4 Column 5 Chemicals and Maximum average Maximum average Absolute Test other attributes concentration for concentration for maximum method characterisation routine testing concentration specified (mg/kg ‘dry weight’ (mg/kg ‘dry weight’ (mg/kg ‘dry weight’ within unless otherwise unless otherwise unless otherwise Section specified) specified) specified) 1. Mercury 0.15 Not required 0.3 13.1 2. Cadmium 0.5 0.5 1 13.2 3. Lead 15 15 30 13.2 4. Arsenic 5 Not required 10 13.2 5. Beryllium 1.5 Not required 3 13.2 6. Chromium (total) 40 40 80 13.2 7. Copper 40 40 80 13.2 8. Molybdenum 10 Not required 20 13.2 9. Nickel 20 20 40 13.2 10. Selenium 3 Not required 5 13.2 11. Silver 5 Not required 10 13.2 12. Zinc 50 50 100 13.2 13. Fluoride 100 Not required 200 13.3 14. Electrical 1 dS/m 1 dS/m 2 dS/m 13.4 Conductivity
15. pH* 7 to 8 Not required 6 to 9 13.4 *Note: The ranges given for pH are for the minimum and maximum acceptable pH values in the foundry sand.
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Sampling and testing requirements 12. This Notice of Exemption only applies to foundry sand sampled according to the requirements in Table 3.
Table 3 Column 1 Column 2 Column 3 Characterisation frequency Routine sampling frequency Once-off sampling frequency 20 composite samples, by taking 5 composite samples per 1,000 10 composite samples per 1,000 1 composite sample from a tonnes or 5 composite samples tonnes. different batch, truckload or per 1 month. stockpile. This must be repeated every year.
Test methods 13. All testing must be undertaken by analytical laboratories accredited by the National Association of Testing Authorities, or equivalent. All chemicals and other attributes listed in Column 1 of Table 2 must be measured in accordance with the test methods specified below:
13.1. Test methods for measuring the mercury concentration in foundry sand: 13.1.1. Particle size reduction & sample splitting may be required. 13.1.2. Analysis using USEPA SW-846 Method 7471B Mercury in solid or semisolid waste (manual cold vapour technique), or an equivalent analytical method with a detection limit < 20% of the stated absolute maximum concentration in Table 2, Column 2 (i.e. 0.03 mg/kg dry weight). 13.1.3. Report as mg/kg dry weight.
13.2. Test methods for measuring chemicals 2 - 12 in foundry sand: 13.2.1. Particle size reduction & sample splitting may be required. 13.2.2. Sample preparation by digesting using USEPA SW-846 Method 3051A Microwave assisted acid digestion of sediments, sludges, soils, and oils (or equivalent). 13.2.3. Analysis using USEPA SW-846 Method 6010C Inductively coupled plasma - atomic emission spectrometry, or an equivalent analytical method with a detection limit < 10% of the stated absolute maximum concentration in Table 2, Column 3 (i.e. 1.5 mg/kg dry weight for lead). 13.2.4. Report as mg/kg dry weight.
13.3. Test methods for measuring the fluoride concentration in foundry sand: 13.3.1. Particle size reduction & sample splitting may be required. 13.3.2. Analysis using Method 404 (Fluoride). In Schedule B (3): Guideline on Laboratory Analysis of Potentially Contaminated Soils, National Environment Protection (Assessment of Site Contamination) Measure 1999 (or an equivalent analytical method with a detection limit < 10% of the stated absolute maximum concentration in Table 2, Column 3 i.e. 20 mg/kg dry weight). 13.3.3. Report as mg/kg dry weight.
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 OFFICIAL NOTICES 11041
13.4. Test methods for measuring the electrical conductivity and pH in foundry sand: 13.4.1. Sample preparation by mixing 1 part foundry sand with 5 parts distilled water. 13.4.2. Analysis using Method 103 (pH) and 104 (Electrical Conductivity). In Schedule B (3): Guideline on Laboratory Analysis of Potentially Contaminated Soils, National Environment Protection (Assessment of Site Contamination) Measure 1999 (or an equivalent analytical method). 13.4.3. Report electrical conductivity in deciSiemens per metre (dS/m), and pH as pH.
Exemption Granted
Steve Hartley Acting Manager, Waste Management Section Environment Protection Authority by delegation
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 11042 OFFICIAL NOTICES 14 November 2008
Notes
The EPA may amend or revoke this exemption at any time. It is the responsibility of the generator, processor and consumer to ensure that they comply with all relevant requirements of the most current exemption. The current version of an exemption will be available on the EPA website: www.environment.nsw.gov.au
In gazetting this general exemption, the EPA is exempting the relevant waste from the specific requirements of the Act and Regulations as stated in this exemption. The EPA is not in any way endorsing the use of this substance or guaranteeing that the substance will confer benefit.
The use of exempted material remains subject to other relevant environmental regulations within the Act and Regulations. For example, a person who pollutes land (s142A) or water (s120), or does not meet the special requirements for asbestos waste (clause 42), regardless of having an exemption, is guilty of an offence and subject to prosecution.
For the purposes of arrangements between a generator, a processor and a consumer, a ’transaction‘ is taken to mean the contractual agreement between the two parties which specifies the exchange of waste material from one party to another. A ‘statement of compliance’ must be in writing and be provided with each transaction.
The conditions set out in this exemption are designed to minimise the risk of potential harm to the environment, human health or agriculture, however, neither this exemption nor these conditions guarantee that the environment, human health or agriculture will not be harmed.
The consumer should assess whether or not the exempted material is fit for the purpose the material is proposed to be used and whether this use will cause harm. The consumer may need to seek expert engineering or technical advice.
This exemption does not apply to any material received at a premises that is required to be licensed for waste disposal (application to land) activities under the provisions of the Act. This exemption does not remove the need for a site at which processing occurs to be licensed, if required under Schedule 1 of the Act.
This exemption does not alter the requirements of any other relevant legislation that must be met in utilising this material, including for example, the need to prepare a Material Safety Data Sheet (MSDS).
Regardless of any exemption provided by the EPA, the person who causes or permits the application of the substance to land must ensure that the action is lawful and consistent with the development consent requirements of the land.
All records required to be kept under this exemption must be made available to authorised officers of the EPA upon request.
Failure to comply with the conditions of this Notice of Exemption may constitute an offence under clause 51 of the Regulation and the responsible person will be required to comply with the normal regulatory provisions.
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 PRIVATE ADVERTISEMENTS 11043 PRIVATE ADVERTISEMENTS COUNCIL NOTICES Location Name Subdivision of Lot 93, DP 1050067, Celtic Court. BERRIGAN SHIRE COUNCIL off Scullin Street, Townsend. Local Government Act 1993 Subdivision of Lots 1-4, DP 871488, Clear Water Land Acquisition (Just Terms Compensation) Act 1991 off Kent Street, Grafton. Close. Notice of Compulsory Acquisition of Land Subdivision of Lots 16 and 17, Cockatiel DP 1048187, west off Rosella Road, Crescent. BERRIGAN SHIRE COUNCIL declares, with the approval Gulmarrad. of Her Excellency the Governor, that the lands described in the Schedule below, excluding mines and deposits of minerals Subdivision of Lot 2, DP 1018427, Cowper Close. within those lands, are acquired by compulsory process in west off Queen Street, Grafton. accordance with the provisions of the Land Acquisition Subdivision of Lot 93, DP 1050067, Edinburgh Drive. (Just Terms Compensation) Act 1991, for the purpose of a off Scullin Street, Townsend. recycling centre. Dated at Berrigan, this 14th day of October 2008. ROWAN PERKINS, General Manager, Berrigan Shire Subdivision of Lots 2 and 3, Fairtrader Drive. Council, PO Box 137, Berrigan NSW 2712. DP 565611 and Lots 2 and 3, DP 596578, off Quaterdeck Place, SCHEDULE Yamba. Lot 176, DP 752299. South off Brooms Head Road, Fairy Wren Close. Lot 243, DP 823016. Gulmarrad, in the subdivision of Lot 24, DP 848212. Lot 244, DP 823016. [4276] Subdivision of Lots 2 and 3, Gecko Court. DP 263404, south off Iluka Road, BERRIGAN SHIRE COUNCIL Woombah. Local Government Act 1993 Formally known as Gibbons Lane, Gibbens Lane. Land Acquisition (Just Terms Compensation) Act 1991 Woodford Island, between Dents Lane in the south and Roberts Creek Road Notice of Compulsory Acquisition of Land to the north. BERRIGAN SHIRE COUNCIL declares, with the approval East off Sunart Street, Maclean, to Glenbrook Court. of His Excellency the Lieutenant Governor, that the Lot 5, DP 1072077. land described in the Schedule below, excluding mines and deposits of minerals within the land, is acquired by Subdivision of Lots 2 and 3, Goanna Close. compulsory process in accordance with the provisions of DP 611163, south off Brooms Head the Land Acquisition (Just Terms Compensation) Act 1991, Road, Gulmarrad. for the purpose of a garbage tip. Dated at Berrigan, this 14th North off Clyde Essex Drive, Highfi eld Court. day of October 2008. ROWAN PERKINS, General Manager, Gulmarrad, in the subdivision of Berrigan Shire Council, PO Box 137, Berrigan NSW 2712. Lot 21, DP 751372. SCHEDULE Subdivision of Lot 4, DP 621152, Hilltop Close. off Silky Oak Close, Lawrence. Lot 159, DP 823017. [4277] Subdivision of Lot 6, DP 802980, Howletts Close. off Hoof Street, Grafton. CLARENCE VALLEY COUNCIL South off Kerry Street, Maclean, to Kathleen Street. NOTICE is hereby given that Clarence Valley Council Lot 27, DP 1076460. in pursuance of section 162 of the Roads Act 1993, are advising that the following roads have been adopted within Subdivision of Lot 32, DP 1048354, Leaping Lizard the Shire: west off Paddymelon Road, Lane. Woombah. Location Name Subdivision of Lot 64, DP 1078233, Lemon Myrtle North off Clark Road, Trenayr, in Adonus Close. east off Bush Street, South Grafton. Close. the subdivision of Lot 39, DP 1054235 and Lot 2, DP 798922. Subdivision of Lot 96, DP 752843, Lilli Court. north off Bridge Street, Glenreagh. North off McIntyres Lane, Gulmarrad, Albert Place. in the subdivision of Lot 28, North off Clyde Essex Drive, McKenzie Drive. DP 872650. Gulmarrad, in the subdivision of Lot 21, DP 751372. Subdivision of Lot 20, DP 1109055, Babinda Court. north-west of Clear Water Close, West off Kathleen Street, Maclean, Myra Place. Grafton. to Lot 16, DP 1076460. Subdivision of Lot 6, DP 258383, Brandy Place. Subdivision of Lot 3, DP 621152, Pandana Close. off Armidale Road, Elland. off Pringles Way, Lawrence. NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 11044 PRIVATE ADVERTISEMENTS 14 November 2008
Location Name EUROBODALLA SHIRE COUNCIL Subdivision of Lot 32, DP 1110940, Penda Place. Roads Act 1993 west off Mahogany Drive, Gulmarrad (previously known as Turpentine Place). Naming of Road Subdivision of Lot 1, DP 796976, Platypus Court. NOTICE is hereby given that Eurobodalla Shire Council, in north west off Micalo Street, Iluka. pursuance of section 162 of the Roads Act 1993, has renamed the following road: Subdivision of Lot 3, DP 1016507, Providence Court. Present Name: Tuross Boulevarde. south off Yamba Road, Yamba. Location: Section of Tuross Boulevarde which runs Renaming southern end of Freeburn Quaterdeck Place. east from Craddock Road and then north to terminate at Street, south off Deering Street, Clive Park. Yamba. Name: Clive Court. Subdivision of Lot 4, DP 621152, Red Cedar Close. Reference No.: E05.9211. P. ANDERSON, General off Silky Oak Close, Lawrence. Manager, Eurobodalla Shire Council, PO Box 99, Moruya North west of Wharf Street, Riverwood NSW 2537. [4280] Maclean, in the subdivision of Lot 2, Terrace. DP 539017 and renaming section of Tiree Street, Maclean. EUROBODALLA SHIRE COUNCIL Roads Act 1993 West off Rosella Road, Gulmarrad, Robin Place. to Lot 10, DP 1075049. Naming of Road Subdivision of Lot 4, DP 621152, Silky Oak Close. NOTICE is hereby given that Eurobodalla Shire Council, in off High Street, Lawrence. pursuance of section 162 of the Roads Act 1993, has renamed the following road: Subdivision of Lot 93, DP 1050067, Skye Place. off Scullin Street, Townsend. Present Name: Surf Beach Avenue. Location: The section of Surf Beach Avenue, between Renaming southern end of Treelands Somerset Place. George Bass Drive and The Ridge Road. Drive, south off Yamba Road, Yamba. Name: Tallgums Way. East off Golf Links Road, Woodford St. Andrews Island, in the subdivision of Lot 40, Close. Reference No.: E05.9211. P. ANDERSON, General DP 873840. Manager, Eurobodalla Shire Council, PO Box 99, Moruya NSW 2537. [4281] Subdivision of Lot 135, DP 1089646, Sundew Close. west off Mahogany Drive, Gulmarrad. HAWKESBURY CITY COUNCIL Subdivision of Lot 5, DP 1051442, Tree Frog Grove. north off Leaping Lizard Lane, Roads Act 1993 Woombah. Naming of Public Road Subdivision of Lot 202, DP 622509 Whispering Pines Hawkesbury Valley Way (MR 184) and Lot 2, DP 1072873, off Platers Place. NOTICE is hereby given that Hawkesbury City Council Road, Gulmarrad. in accordance with the Roads Act 1993, has renamed the West off School Road through to Wiblens Lane. following sections of road: River Street, Palmers Island. Previous Name New Name North east off Fitzroy Street through Wiseman Way. Richmond Road (MR 184) - Hawkesbury to Pound Street, Grafton. (between Macquarie Street, Valley Way Windsor and Racecourse Road, (MR 184). Subdivision of Lot 32, DP 1110940, Wonga Court. Clarendon). west off Mahogany Drive, Gulmarrad. Windsor Road (MR 184) - Hawkesbury S. McPHERSON, General Manager, Clarence Valley (between Racecourse Road, Valley Way Council, Locked Bag 23, Grafton NSW 2460. [4278] Clarendon and Hobart Street, (MR 184). Richmond). COROWA SHIRE COUNCIL PETER JACKSON, General Manager, Hawkesbury City Resumption of Land as Public Reserve Council, PO Box 146, Windsor NSW 2756. [4282] NOTICE is hereby given that Council at a meeting held on 21 October 2008, has resolved to resume land which forms part of the Apex Park Foreshore Reserve, Corner Pool Avenue and Inglis Street, Mulwala NSW and is described as Lot 1, DP 1112704 (minerals only). B. CORCORAN, General Manager, Corowa Shire Council, PO Box 77, Corowa NSW 2646. [4279]
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 PRIVATE ADVERTISEMENTS 11045
JUNEE SHIRE COUNCIL TUMBARUMBA SHIRE COUNCIL Roads Act 1993 Local Government Act 1993 Roads (General) Regulation 2000 Land Acquisition (Just Terms Compensation) Act 1991 Part 2 – Roads, Division 2 – Naming of Roads Notice of Compulsory Acquisition of Land NOTICE is hereby given that, subsequent to advertising and TUMBARUMBA SHIRE COUNCIL declares, with the no written objections being received, Junee Shire Council has approval of His Excellency the Lieutenant Governor, that renamed the road from Junee (commencing at its intersection the land described in the Schedule below, excluding mines with the unformed part of Crown Street) to the Wagga Wagga and deposits of minerals within the land, is acquired by City Council boundary at Harefi eld, ‘Byrnes Road’. GREG compulsory process in accordance with the provisions of CAMPBELL, General Manager, Junee Shire Council, PO the Land Acquisition (Just Terms Compensation) Act 1991, Box 93, Junee NSW 2663. [4283] for the purpose of a fi re station. Dated at Tumbarumba, this 24th day of October 2008. BRIAN JAMES PEARSON, General Manager, Tumbarumba Shire council, PO Box 61, MARRICKVILLE COUNCIL Tumbarumba NSW 2653. Roads (General) Regulation 2008 SCHEDULE Renaming of Kent Lane, Newtown (coming off Camden Street then running parrallel to Kent Street) to Samuel Lot 100, DP 1097291. [4287] Kent Lane, Newtown MARRICKVILLE COUNCIL is the Roads Authority for TUMUT SHIRE COUNCIL the lane coming off Camden Street then running parallel Roads Act 1993, Section 162 to Kent Street, Newtown - known as Kent Lane, Newtown. In accordance with section 162 of the Roads Act 1993 and Naming of a Public Road Div 2 of the Roads (General) Regulation 2008, Council has renamed this lane as Samuel Kent Lane, Newtown. KIM NOTICE is hereby given that the Tumut Shire Council, in ANSON, General Manager, Adminstration Centre, 2-14 pursuance of section 162 of the Roads Act 1993, has named the following roads: Fisher Street, Petersham NSW 2049. [4284] Location Name Newly formed subdivision off Jeffery Circuit, PORT MACQUARIE-HASTINGS COUNCIL Currawong Road known as Ridge Street and Roads Act 1993 – Section 10 “The Glen” (internal access roads). King Street. Dedication of Land as Public Road CHRISTOPHER ADAMS, General Manager, Tumut Shire Council, 76 Capper Street, Tumut NSW 2720. [4288] NOTICE is hereby given that pursuant to section 10 of the Roads Act 1993, the land owned by Port Macquarie-Hastings Council as described in the Schedule below, is hereby TWEED SHIRE COUNCIL dedicated to the public as road. ANDREW ROACH, General Manager, Port Macquarie-Hastings Council, corner Lord and Local Government Act 1993 Burrawan Streets, Port Macquarie NSW 2444. Land Acquisition (Just Terms Acquisition) Act 1991
SCHEDULE Notice of Compulsory Acquisition of Land Lot 5, Deposited Plan 225550, Parish of Macquarie, TWEED SHIRE COUNCIL declares with the approval of County of Macquarie, situated at 2 Stevens Street, Port Her Excellency the Governor, that the lands described in the Schedule below, excluding any mines or deposits of minerals Macquarie. [4285] within the lands, are acquired by compulsory process in accordance with the provisions of the Land Acquisition SHOALHAVEN CITY COUNCIL (Just Terms Compensation) Act 1991, for the purpose of the construction of a footbridge and for access and maintenance Roads Act 1993, Section 10 of major sewerage and water pipelines in the creek bed below. Dedication of Public Road Dated at Murwillumbah, this 6th day of November 2008. M. RAYNER, General Manager, Tweed Shire Council, PO Box NOTICE is hereby given that, pursuant to section 10 of the 816, Murwillumbah NSW 2484. Roads Act 1993, the land described in the Schedule below is dedicated as public road. R. PIGG, General Manager, SCHEDULE Shoalhaven City Council, Bridge Road, Nowra NSW 2541. Lot 1, DP 1102130. Lot 2, DP 1102130. [4289] SCHEDULE Lot 1 and Lot 3 in Deposited Plan 1120668, Parish Conjola, County of St Vincent. Lot 1 in Deposited Plan 1126343, Parish Conjola, County of St Vincent. [4286]
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 11046 PRIVATE ADVERTISEMENTS 14 November 2008
TWEED SHIRE COUNCIL WYONG SHIRE COUNCIL Roads Act 1993 Roads Act 1993 Naming of Public Road Land Acquisition (Just Terms Compensation) Act 1991 NOTICE is hereby given that the Tweed Shire Council, in Notice of Compulsory Acquisition of Land pursuance of section 162 of the Roads Act 1993, has named WYONG SHIRE COUNCIL declares with the approval of the road reserve that runs off the western service road at Her Excellency the Governor, that the land described in the Tweed Heads West, as: Schedule below, excluding any mines or deposits of mines Wollemi Place. in the land, is acquired by compulsory process in accordance Authorised by resolution of the Council on 30 October with the provisions of the Land Acquisition (Just Terms 2008, GENERAL MANAGER, Tweed Shire Council, Civic Compensation) Act 1991, for the purposes of road widening. Centre, Tumbulgum Road, Murwillumbah NSW 2484. KERRY YATES, General Manager, Wyong Shire Council, [4290] PO Box 20, Wyong NSW 2259. SCHEDULE The land known as Lot 432, DP 1124525 being vacant land. [4291]
WAKOOL SHIRE COUNCIL Local Government Act 1993, Section 713 Sale of Land for Overdue Rates NOTICE is hereby given to the persons named hereunder, that the Council of the Shire of Wakool has resolved in pursuance of section 713 of the Local Government Act 1993, to sell the land described hereunder, of which the persons named appear to be the owners, or in which they appear to have an interest and on which the amount of rates stated in each case, as at the 30th June 2008.
Owner or Persons having Description of Land Amount of Rates Amount of other Total Interest in the Land (including extra Rates (including charges) overdue extra charges)due for more than ve and in arrears years (a) (b) (c) (d) (e) $ $ $ URQUHART, Francis. Wakool Town, Parish Corry, 11 Koala Street, 1760.51 4130.02 5890.53 Lot 2, section 14, DP 759033, Vacant Land. URQUHART, Francis. Wakool Town, Parish Corry, 29 Koala Street, 1760.51 4139.74 5900.25 Lot 5, section 15, DP 759033, Vacant Land. MOOLOOLAH Moulamein Non-Urban, Parish Moulamein/ 1180.02 2260.72 3440.74 INVESTMENTS P/L. Berambong, Lots 6 and 7, DP 799379; Lots 11, 12 and 13, DP 758713, section 48; Lots 6 and 7, DP 114087, Vacant Land. STREET, Estate Brian Ashley Moulamein Non-Urban, Parish Berambong, 1044.23 2203.68 3247.91 and STREET, Dawn Margaret. Lot 5, DP 114087, Vacant Land. GRIFFITHS, Estate Marilyn Burraboi Town, Parish of Chowar, Lot 9, 5887.00 1945.44 7832.44 Jean. section 2, DP 758195, Vacant Land. MARSHALL, Julie Elizabeth. Burraboi Town, Parish of Chowar, Lot 10, 3317.82 2015.72 5333.54 section 4, DP 758195, Detached Dwelling. BEATTIE, Max Herbert and Moulamein Town, 77 Tallow Street, Lot 8, 3723.51 10826.92 14550.43 BEATTIE, Linda Marlene. section 34, DP 758713, Residential Dwelling. MOOLOOLAH Burraboi Town, Parish of Chowar, Lot 17, 936.56 1648.71 2585.27 INVESTMENTS P/L. section 3, DP 758195; Lot 18, section 4, DP 758195, Vacant Land. HICKEY, Graham Thomas and Parish of Yellymong, Lot 15, DP 835451, 6068.91 6622.67 12691.58 HICKEY, Sharon Anne. Rural Business-Building. In default of payment to the Council of the amount stated in column (e) above and any other rates (including extra charges) becoming due and payable after publication of this notice, or an arrangement satisfactory to the Council for payment of all such rates entered into by the ratable person before the time fi xed for the sale, the said land will be offered for sale by public auction by Kennedy & Mortlock Rodwells, Barham, at the Barham Services Club, Meeting Room, on Friday, 6th March 2009, at 11:00 a.m. C. D. CHAPMAN, General Manager, Wakool Shire Council. [4292]
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 PRIVATE ADVERTISEMENTS 11047
ESTATE NOTICES OTHER NOTICES NOTICE of intended distribution of estate.–Any person NOTICE OF SALE having any claim upon the estate of JUNE MARGARET UNLESS the Writ for Levy of Property issued from the KEEGAN, late of Faulconbridge, in the State of New South Campbelltown Local Court, Case No. 725/06, is previously Wales, who died on 21 August 2008, must send particulars of satisfi ed, the Sheriff’s Offi ce at Parramatta intends to sell her claim to the executor, c.o. Mercuri & Co, Solicitors, PO by Public Auction the following Real Property of Lisa Gai Box 719, Drummoyne NSW 1470, within one (1) calendar Carusi, known as house and land in deposited plan at 84 month from publication of this notice. After that time the Harris Street, Merrylands NSW 2160. executor may distribute the assets of the estate having regard only to the claims of which at the time of distribution they The sale will be held on site at 2:00 p.m., on Saturday, have notice. Probate was granted in New South Wales on 29 29th November 2008. Please address all enquiries of the October 2008. MERCURI & CO., Solicitors, PO Box 719, sale to Century 21 MetroWest Real Estate, tel.: (02) 9630 Drummoyne NSW 1470, tel.: (02) 9818 8375. Reference: 8666.SHANE FLEXMAN, C/Inspector, Sheriff’s Offi ce, FM:LC. [4293] Parramatta. [4294]
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 11048 PRIVATE ADVERTISEMENTS 14 November 2008
Authorised to be printed ISSN 0155-6320 DENIS H. HELM, Government Printer.
NEW SOUTH WALES GOVERNMENT GAZETTE No. 147