Contents
Commissioners of Inquiry 1
Letter to the Minister 2
Chairperson's Statement 3
The Commissioners and Their Role 4
Management and Structure 6
Local Government Inquiries 8
Performance Review 9
Year in Review - Report of Operations 10
Environmental Planning Issues 24
Appendices 26 Operating Statement 26 The Commissioners and Senior Staff 27 Schedule of Inquiries and Hearings 30
Inquiries and Hearings Reported in 1998-99
Cooranbong Colliery Extension, Morisset 10
Wynella Homestead, Goulburn 11
Sand and Gravel Quarry, Byron 11
Blue Mountains Draft LEP 12
Perisher Range Village Master Plan 13
Underground Coal Mine, Tahmoor North 15
Cowal Gold Project, West Wyalong 16
Donaldson Coal Mine, Cessnock/Maitland 17
Mushroom Substrate Facili ty, Hawkesbury 18
Landuse Planning, Illawarra Escarpment 19
Mount Pleasant Coal Mine, Muswellbrook 20 Commissioners ofInquiry
Commissioners of Inquiry for Environment and Plan y appointed under the Environmental rlanning and Assessment Act 1979 to enable Public Inquiries into a range of environmental, planning and development issues, and conservation matters under the Heritage Act 1977.
The Commissioners make findings and recommendations in their written reports to the Minister which are openly available to the public under planning legislation.
The publication "Commissiom ofInquiry for Environment and Planning- How They WtJrk" is available from the Office.
A Public Inquiry
• Undertakes environmental, planning and conservation assessment of issues prior to State government decisions.
• Affords equal opportunity for all interested parties to make submissions.
• Enables thorough canvassing of all relevant issues in a public forum.
• Provides independent advice in a written report to the Minister.
The Commissioners' Objectives
• To undertake Inquiries commissioned by the Minister consistent with legislative requirements, public participation objectives and the principles of natural justice and fairness.
• To assess and weigh evidence and to make findings and recommendations in a report to the Minister.
• To provide administrative procedures which enable maximum involvement of citizens, groups, specialists and government agencies.
• To ensure Inquiries are commenced, conducted, and reported in a minimum time while having proper regard to the issues.
• To conduct Inquiries in a cost effective manner. Letter to the Minister
The Hon Dr Andrew Refshauge MP Deputy Premier Minister for Urban Affairs and Planning Minister for Aboriginal Affairs Minister for Housing
Dear Minister
It is with pleasure that I submit to you the Annual Report of the Commissioners of Inquiry for Environment and Planning for the reporting year 1998-99 for tabling in Parliament.
As you will be aware the Commissioners of Inquiry have no statutory obligation to submit an Annual Report under the Annual Reports Acts.
Nevertheless, in accordance with my previous practice, and having regard to the social, environmental and economic significance of all Inquiries conducted, I submit this report to you and to Parliament as a summary of activities undertaken by the Commissioners and staff in the past year.
Yours sincerely
William Simpson AM
Chairperson
II Chairperson's Statement
The Commissioners completed eight Commissions At present further work is programmed with a view to of Inquiry pursuant to the Environmental Planning enabling submissions made to Inquiries being and Assessment Act, one pursuant to the Heritage Act available via the internet. and two public hearings on behalf of Local Government Authorities during the year. I am satisfied, as in past years and again in the year under review that the Commissions of Inquiry have Inquiry reports of considerable State significance been thorough, independent and fair. The required completed included the Perisher Range Village public reports make each Commission accountable to Master Plan, Land Use Planning for the Illawarra the Government and the community. Reference to Escarpment, Cowal Gold Project, Tahmoor Appendix 1 of this report also demonstrates the Underground Coal Mine, Mount Pleasant Open Cur minimal operational cost enabled by the Coal Mine and Blue Mountains Draft Local management, staffing and hearing procedures of the Environmental Plan. Office of the Commissioners of Inquiry.
As indicated by the increasing participation of the I wish to thank the Commissioners and Staff for their community in the Inquiry process it is evident that professional approach to a demanding role and there is a keen appreciation of the "hands-on support they have given me during the year. opportunity" to participate in the environmental decision making process.
In terms of public participation it is to be noted that not only has there been an increase in the number of community members participating but in addition, submissions now contain an increased amount of relevant environmental detail including social and economic considerations. Such input assists the William Simpson AM Commissioners to address matters raised in the EIS. In the event of a recommendation for approval it also Chairperson contributes to the formulation of consent conditions which enable the community to be regularly advised as to the environmental performance of a development.
As proposed m my 1996/97 report the community is now able to access the Office of the Commissioners of Inquiry via the internet (http://www.coi.nsw.gov.au.) Interest in this regard may be gauged in that during the first twelve months of operation about 1,000 persons visited the Commissions internet site.
II The Commissioners and Their Role
Overview The Legislation
The Office of the Commissioners of Inquiry for The principal planning legislation in New South Environment and Planning commenced with the Wales, the Environmental Planning and Assessment advent of the Environmental Planning and Act 1979 (EP&AAct) ensures that all relevant aspects Assessment Act in 1979. of proposed developments are examined before approval to proceed is granted by the relevant The planning legislation in New South Wales authoriry. The Heritage Act 1977 ensures that provides for Public Inquiries to be held to examine a important items of heritage value are preserved for range of environmental issues, planning problems postenry. and development projects. The Commissioners conduct Inquiries as directed by the Minister for Under the EP&A Act, the majoriry of development Urban Affairs and Planning. They report to the proposals are approved or declined by an aurhoriry Minister who makes the final decision. such as a local council without reference to an Inquiry. The Act sets out the circumstances in which Commissioners also are appointed by the Minister to either a Public Inquiry must be held, or when one conduct Inquiries into conservation choices under may be held if the Minister so decides. Also, a local the Heritage Act. In other cases the Commissioners council or government authoriry can request an may conduct Public Hearings for local councils on Inquiry to assist it in making its decision. A full their request. schedule of the Inquiries undertaken is included in the Appendices.
The Inquiry process enables the general public to participate meaningfully, alongside technical experts Under the Heritage Act, the Heritage Council of and government agencies, in important decisions New South Wales has a responsibiliry to make which affect the whole communiry. It also entrusts to recommendations to the Minister for the placing of strictly independent Commissioners the viral tasks of items on the State Heritage Register. The Minister balan~ing all the views expressed and making may appoint a Commissioner of Inquiry to consider carefully considered recommendations. the recommendations of the Heritage Council, the submissions of the owner, and the views of any other interested parties. A similar procedure may apply to There are currently four full-time Commissioners, proposals by the Minister or the Heritage Council to appointed by the Governor-in-Council. Their remove an item from the State Heritage Register. extensive experience encompasses planning and A Commissioner oflnquiry may also be appointed in development control, building regulation, local certam cases to hear appeals relating to heritage government, law, engineering and environmental matters. management. They are independent of government, and under the legislation are explicitly free from direction by anyone associated with government. The Inquiry Process The work of the Commissioners naturally has a far An Inquiry is held before a decision is made, and has reaching effect on the development of the State, the two important functions. It encourages maximum quality of life enjoyed by its people, and the public participation by giving everyone who wants to protection of the environment. be involved a chance to express their views and have their concern taken into account. Secondly, an Inquiry ensures that all persons involved have access to all the information and opinions submitted to the Inquiry so that each can examine and question the submissions of others.
II An important feature oflnquiries is that they are not report presented to it. Parries to the Inquiry are conducted in the manner of a court of law. advised of the Commissioner's findings and Proceedings are informal and evidence is not recommendations. In the case of a heritage Inquiry, normally taken on oath, but submitted in advance in the public release of a report remains a ministerial wntmg. Further, the information put before an responsibility. Inquiry does not need to be from expert sources alone, and may be descriptive or based on personal The relevant authority then makes a decision to opmwn. The written submissions are placed on accept, reject or modify the recommendations display before the hearing. People are invited to contained in the report. The majority of inspect them and ask other parties written questions recommendations made by the Commissioners have or request further information. been accepted.
Hearings are generally conducted in the local council This system has earned wide respect in New South area. At the hearing everyone is treated equally and Wales from political parries and from the general interested parties do not necessarily need to engage public for its fairness and accessibility. It has also legal representation. Firstly, parties either read or attracted overseas interest for its unique approach and speak to their submission. The Commissioner tal{es effective management systems. an active part in the Inquiry asking questions of parties. Clarification is sought by parties through Benefits of the Process written questions, or by oral requests for information. Finally, each party has the opportunity to lodge a A Public Inquiry makes it much easier for the second submission, that is, a 'submission in reply' to community to participate effectively before decisions summarise their own position or respond to points are made by the State Government or a local co uncil raised by others. on a variety of issues such as:
The Commissioners have no power of contempt, so • whether or not approval should be given to the informal approach they have adopted calls for construct a large development such as a high-rise particular skills to ensure order is maintained and building, shopping centre or holiday resort; or an everybody is given a full and fair hearing. The industrial project such as a mine, or aluminium Inquiry management procedures used, including smelter; or public works such as a highway or timetables set in advance, ensure proceedings are sewerage system; and if approved, under what conducted as expeditiously as possible. conditions that approval should be given;
• whether or not approval should be given for a The Commissioner's Report regional or local environmental plan; The Commissioner prepares a report containing • whether or not an historic building should be findings and recommendations once the public conserved. hearings have concluded. The report is generally available within about eight to ten weeks of the conclusion of the hearings. As a result of the management procedures used, the cost of Inquiries and H earings and the subsequent reports is far less than other forms oflnquiry. In this Depending upon the type of Inquiry the report is regard, reference to the operating statement either presented to the Minister when the Minister contained in this report indicates that the total has referred the matter to the Commissioners, or annual cost of the Office of the Commissioners of when a council has requested a hearing the report Inquiry is only $1.40 Million. is provided to council. The Office of the Commissioners oflnquiry publicly releases the report presented tO the Minister. The council releases the Management and Structure
The Commissioners The Environmental Planning Officer assists the Chairperson and other Commissioners as required in The position of Commissioner of Inquiry for administrative and technical aspects of Inquiries. Environment and Planning was estabLshed by the Environmental Planning and Assessment Act 1979. The Administrative Assistant performs the duties of Commissioners are appointed by the Governor of receptionist, keyboard operator and clerical assistant. New South Wales tn Council on the recommendation of the Minister for Urban Affairs and Planning. Appointments are for a fixed term with Temporary planning assistants may be employed to a maximum of five years. undertake administrative and research work for the Commissioners and Registrar as required in conducting Inquiries. There are currently four full-rime Commissioners including the Chairperson, with a range of qualifications and experience including law, planning Staff Changes During the Year and development control, building regulation, local The Chairperson was re-appointed for a further term government, engineering and environmental as was Commissioner Train. The Administration management. Further Commissioners or specialists Manager's position was terminated and Mrs Bassma with particular experience and qualifications can be Horton took voluntary redundancy. The Temporary appointed for specific Inquiries. Assistants were initially reduced from three to two and following re-allocation of work within the Office Administrative Support Staff there are currently none.
The administrative support staff comprises four permanent full-time staff
The Registrar is directly responsible to the Chairperson for the efficient and effective management of the administrative and · support services of the Office.
The Executive Officer assists the Chairperson, and other Commissioners as required in administrative and technical aspects of Inquiries and with formulating policies and procedures for Inquiries. Organisation Chart
..
jEt!!;.• !·•" !.-,t,-1 • I • ' ~·..,..,, --< 'lo .... ~: . . . l . Belinda Davis . "' . R . . . .. ~· . . . : . .. . •: . . eg1stra1· · · Stuart Wilmot ~... .:,.: ·~ . ' -· . - . Environmental r ·. ·. ::.;,·.:;,_..:r-,~. ·if~~ :. Planning Officer L _:_ .• . ,'. Di~ne Mi~ r1 ~ -~ . · : ' : Admi[listrativeL '' Assistant ' •) ·. . . .:...... ·. ~~-: ~ ~ ~ -· : .,._:')·__ . ~. ,;, Local Government Inquiries
The Commissioners oflnquiry have conducted many The Commissioner remains at arm's length from statutory and non-statutory inquiries and hearings Council. A report is presented to Council before it for local government. These are listed in Appendix 5. determines the matter according to the relevant legislative provisions. The report is publicly released Local government has frequently availed itself of a within two weeks of its presentation to Council. Commissioner's services where there have been contentious zoning proposals, where Council has Local communities have welcomed the opportunity wanted an independent assessment of environmental to make submissions to these independent public issues for complex development proposals, and where hearings. They provide the opportunity for Councils Council has had a potential conflict of interest. S uch to fulfil their public participation objectives and to conflicts could arise where Council is the consent overcome criticisms of conflict of interest. authority and the proponent and/ or landowner.
Costs have generally varied from $10,000 to $30,000 Inquiries and hearings are arranged with the Office of depending on the complexity and public interest in the Commissioners of Inquiry subject to the the matters. Some extensive Inquiries have cost workload from State Government jurisdiction. more. The costs provide for background research, the The terms of reference are determined by the Council public hearing, and a comprehensive report which and parties are heard with leave of the Commissioner. assesses the relevant environmental planning issues.
Protection ofnatural heritage and integration ofdevelopment in sensitive areas were issues canvassed by the Public Hearing into the Draft LEP for Blue Mountains City Performance Review
The Commissioners receive notification of Inquiries of State and regional significance from the Minister, they have no control over the number or type. They are also at arm's length from government and its agencies to ensure their independence. Their work requires public participation in the merit assessment of development proposals.
Review of Inquiry procedures was undertaken by the Chairperson, Commissioners and Staff All Inquiries were conducted and reported on consistent with the objectives previously noted. Legislative requirements were met, the public were assisted to participate in Inquiries and the principles of natural justice and fairness applied. Inquiries were completed in the minimum timeframe allowing for the relevant canvassing of the often complex and contentious issues. The evidence was assessed and weighed and written reports presented to the Minister. Reports under the environmental planning legislation were publicly released by the Commissioners - it is for the Minister to rel ease reports under the h eritage legislation.
The public nature of the Inquiry procedures, public availability of all documentation, and the public release of the Commissioners' reports ensure the Inquiry process is fu lly accountable.
Inquiry procedures will continue to be reviewed by the Chairperson, Commissioners and staff during the coming year to ensure the efficient and effective Public Inquiry process in NSW is maintained.
II Year in Review: Report of Operations
Cooranbong Colliery Extension, suffer high impacts, 17 medium impacts and 50 low Morisset impacts. In addition, there are other activities, landuses and businesses potentially affected such as a chicken Commissioner Mark Carleton farm, turf farm, cattle stud, horse training circuit, Hearing 6 to 17 April disabled persons hostel and buildings. Predicted 11 ro 14 May 1998 subsidence impacts include damage to houses and surface infrastructure, and changes to creeks and the Powercoal Pry Ltd proposed to extend its current land surface. underground mining operations and construct new surface and access facilities within an extension area. The Commission found that there are undisputed This would enable continuiry of thermal coal supplies economic and employment benefits of regional, State from Cooranbong Colliery to domestic and and National significance related to the mine project. international customers. The proposed underground The mine is predicted to create 130 jobs during the mine covers an area of 45 square kilometres within the construction phase and a further 50 jobs during the catchment of Lake Macquarie. upgrade of the colliery. Once the mine is fully operational 220 direct jobs will be created. The mine is The extension of mining will involve the extraction of also estimated to contribute $194 million per annum to 55 million tonnes of coal by longwall techniques and real Gross State Product over a period of approximately 10 million tonnes using the bord and pillar method. 20 years.
A total of 98 parties made submissions to the Inquiry Significant mine subsidence related impacts will result and 50 parties appeared. They included Government to local landowners based on the evidence presented. Agencies, Lake Macquarie City Council, communiry However, impacts can be mitigated or alternative groups, businesses and local residents. Virtually all arrangements made with affected landowners, and residents strongly oppose the proposal. longwall mining cannot proceed under unacceptably affected landowners without the landowners' consent. The major issue related to the impact of subsidence on Mine subsidence will not increase flood levels, flood dwellings and properties. The land under which extent or flood hazard. mining is proposed is predominantly in private ownership. There are 95 dwellings overlying the The Commission concluded that the impacts of proposed longwall area, of which 28 are predicted to subsidence are not such as tO preclude development consent, subject ro stringent consent conditions. Recommended conditions of consent specifically addressed compensation, acquisition and rehabilitation requirements requested by landowners.
The independent assessment, consultation and dispute resolution approach recommended by the Commission is anticipated to promote and expedite issues and parties' interests leading ro greater certainry of outcomes for affected residents, business proprietors and the proponent.
Coal extraction will occur under the Mandalong Valley The Minister has approved the extension to to the west ofthe F3 Freeway nem· Morisset the Cooranbong Colliery.
Ill Wynella Homestead, Goulburn hardship for no apparent reasonable or economic use of the building. The intended Wynella curtilage area Commissioner Mark CarletOn would also limit or prevent abattoir expansion Hearing 7 May 1998 proposals and hence represented an undue fmancial hardship. The Commission recommended that the An Interim Conservation Order was made by the barn which is the most important and best preserved Minister on 18 July 1997 over the Wynella Homestead heritage item on the si te be conserved. Other property and a described curtilage area. The property important hisrorical and cultural values of Wynella covered by the Interim Conservation Order is owned by Homestead should be interpreted and recorded. Southern Mears Pry Ltd. On balance the evidence supported the owner's two The Commission of Inquiry received six submissions. grounds of objection and revocation of the present Interim Conservation Order was recommended by the Southern Meats Pry Limited objected to the Interim Commissioner. Conservation Order on two of the four grounds derailed in the then section 41 of the Heritage Act. The Minister revoked the Interim Conservation Order. The Company's objection was primarily that a very large sum of money would be required to restore the homestead and that the making of a Permanent Conservation Order would impose undue financial hardship because of the derelict state of the building and the restriction on abattoir expansion proposals.
The Heritage Council and other parries argued for mothballing of the Homestead building in case either the abattoir operations cease or noxious odours are eliminated at some future time. However, the evidence was that expansion of the Wynella Homestead abattoir in the direction of Wynella Homestead was more likely.
The Commission found that there are no potential Sand and Gravel Quarry, Byron options for the reasonable or economic use of the Wynella Homestead building due tO odour constraints Commissioner Mark Carleton and Government safety, hygiene and quarantine Hearing 2 to 12 June, 21 to 23 July requirements. T he abattoir has been in operation for 3 August 1998 over 50 years and the abattoir and related odours are unlikely to cease or diminish in the foreseeable future to Barson Sand and Gravel Pry Limited proposed to the point where reasonable or economic uses ofWynella expand quarrying operations in Suffolk Park, 5km Homestead could occur. south of Byron Bay. The proposal involves the extraction of 3 million cubic metres of sand and gravel Furthermore, substantial funds would be required for over a 27 year period. There would also be a processing the restoration or mothballing of the derelict homestead plant, enlargement of services and water management structures, construction of a road underpass, dearing of building and this constituted an undue financial native and regenerating vegetation, and rehabilitation The evidence indicated that flora and fauna of of affected areas. conservation significance would be lost if vegetation was cleared from certain areas. However, a reduced The extracted resources would be used to continue quarry extraction area and the provision of a wildlife production of concrete and asphalt sand, bricl Commissioner Mark Carleton The Commission found that the quarry is of regional Hearing 16 June to 8 July 1998 significance for asphalt and concrete production, there being no suitable alternative to this high quality quarry resource on the Far North Coast. Significant regional Blue Mountains City Council requested an economic benefits would result from the proposal. independent hearing of objections ro irs draft Local Environmental Plan (LEP) covering most of Council's urban area. Over 300 residents made written submissions to the Public Hearing of which 126 made presentations at the Hearing. Submissions included Council's Environmental Studies and constraint maps as well as consultants' reports. Major issues included proposed zones or provlSlons for Multi-Unit Housing, Environment Protection and Living Conservation areas. Concerns were also - raised as to height limits, permissibility of aged housing, and whether buffer areas should be increased or decreased. • • I'! . ' A number ofconservation groups suggested further restrictions to cerrain areas and Run-off.from disturbed areas within the quarry site will zones including sensitive areas and require strict controls to protect downsh·eam water quality recreanon zones. Preservation of water quality and the natural envuonmenr was a maJor The public had access to material and submissions by concern for many parties. computer at Council's libraries and the Commission's office, as well as by computer disk. The Public H earing The evidence to the Hearing indicated that Council's was also assisted by an innovative computerised DLEP provided an appropriate balance between constraints mapping system coupled with large screen developmenr and environmenral protection and that visual displays. This system assisted parties in the DLEP was generally soundly based. However, the comparing existing and proposed zoning together with Commissioner raised concern over several major issues improved understanding of environmental constrainrs. including justification of certain proposed zonings, Most parties expressed satisfaction with Council's environmental constraints, and the adequacy of ability to address matters in a clear and concise fashion information presented. by the use of the computer system and large screens. In a number of cases he recommended further Perisher Range Village Master Plan investigation and review. For example, the proposed Commissioners W illiam Simpson, Chairperson Multi-Unit Housing and Village areas at Leura and William Train Glenbrook for which the Commissioner supported Hearing 27 April to 1 May, 12 and zoning appropriate to the environmental capacity 13 May, 10, 15, 17 and 18 of the land. June, 19 October 1998 Introduction of new DCPs for Heritage, Multi-Unit All the snowfields in NSW and about half of the Housing, Integrated Housing, Housing for Aged and snowfields on the Australian mainland are contained in Disabled Persons and for specific precincts which the Kosciuszko National Park (KNP). The ski resorts operating within the park include Charlotte Pass, Mount Selwyn, Perisher Range and Thredbo. Perisher Range resort includes 3 villages namely, Perisher Valley, Smiggin Holes, and Guthega as well as Mounr Blue Cow day ski centre. The KNP Plan of Management limits the number of beds that can be developed within each village. The 1994 amendments to the Plan increased the maximwn for Perisher Valley from 2,500 to 3,183, Smiggin Holes from 866 to 1,006 and Guthega from 250 to 429, a total Preservation ofthe natural heritage ofthe Blue Mountains as increase of 987 beds. exemplified by The Three Sisters was ofmajor concern to parties The Perisher Range Village Master Plan proposes to redistribute the increased exhibit considerable natural or cultural constraints to number of beds contained in the 1994 Plan to develop development were recommended. Furthermore, the a central village focus in Perisher Valley and to improve DLEP 97 objectives should include watercourse the quality of visitor experience. protection, protection of steep slopes, and protection of the National Park. The proposal involves the construction of 800 beds in Perisher Valley village and 150 beds in Smiggin Holes village mainly in the form of apartment buildings up to four storeys high. The balance will be allocated to existing lodges. No new beds are proposed for Guthega as it is intended to relocate all existing beds to Perisher Valley in the long term. About 5,000 to 6,000m2 of commercial floor space is also proposed for ski-related retail and food services. The proposed village centre in Perisher Valley wi!J be located on the north-western portion of the Development on portion ofthe cmpark in the centre existing car park. Changes are also ofthe photograph is proposed for Perisher Valley proposed to existing car parking arrangements and pedestrian access within the Perisher Valley and Smiggin Holes villages. Such development would assist in promoting the role of Perisher Range as a year round resort. As to Guthega village, the Commission considered it an important and Improvements to the environmental performance of unique village servicing a committed niche market. the resort are proposed including upgrading and It must be retained and provision made to upgrade and augmentation of service infrastructure, water supply, permit an increase of bed numbers at existing lodges. waste management, visitor access, and the provision of wildlife corridors. A total increase of 1,320 beds (800 for Perisher village centre, 120 for Smiggin Holes and Guthega, and 400 Sixty parties (60) made submissions to the Inquiry. for existing commercial and club lodges) was recommended by the Commission. However, it found Major issues raised included closure of Gurhega; that the extent of commercial floor space proposed in economic viability of the proposal; economic and social the EIS had not been justified. impacts on the region; market demand and need for on-snow accommodation; bed allocation and Future planning of the Kosciuszko National Park must distribution; transport and access; and the role of the be integrated with environmental planning at State and National Parks and Wildlife Service being the manager regional levels. A strategic regional planning approach of the National Park, the proponent of the Master Plan is recommended. and the determining authority for the proposal. The Commission considered a "head lease" approach Concerns in relation to environmental issues included for development of the Perisher Village Centre to be an water supply, waste disposal, flora, fauna, flooding, appropriate and necessary integrated implementation stormwater and hydrology. Other matters raised in method. It recommended tenders be sought for the submissions were the design and intensity of the "head lease" rights in accordance with the State proposed village centre in Perisher Valley; summer use; Government's competitive public tendering policy. adequacy of the EIS; future planning strategy; and relevance of other ski-field planning documents. The Commission found a village centre designed in accordance with the findings and recommendations of its report could be developed on the western portion of the existing car park at Perisher Valley. Underground Coal Mine, The proposed mine will provide continuing Tahmoor North employment for the 239 current employees and flow-on effects to other companies locally and in the Commissioner Kevin Cleland region. Rail transport and export of the coal through Hearing 12 to 19 October Port Kembla will assist in maintaining rail freight and 11 November 1998 coal loader costs for ocl1er coal mines in the area. Tahmoor Coal Pty Limited sought approval to extend Subsidence and its related effects following the underground mining of the Tahmoor North Coal underground extraction of coal is the main Mine. According to the Company the overall Tahmoor environmental aspect of the project. The Minister North Project cannot proceed unless longwall required the Inquiry to particularly examine the effects extraction and access construction occurs in areas in of mine subsidence. Over 900 homes, 400 sheds and which mining is a prohibited use. The prohibited areas 65 swinlming pools in South Picton, Tahmoor and currently preclude economic and safe development of Thirlmere are predicted to be subject to potential the Tahmoor North resource. subsidence of between 20 and 825mm. Some buildings will be damaged but given the nature ofsubs idence it is not possible to determine in advance which ones. Many homeowners in the project area object to the proposed mining, expressing strong concern for the uncertainty, stress and potential disruption to their lives should their homes be damaged. If underground mining is to be approved they want assurances that damage to homes will be repaired quickly and effectively. Subsidence was predicted to have impacts on Upper Picton Picton Industrial Area, which contains Cemeter)l South Picton and the Picton IndustriaL Area several large buildings, will be undermined by the project and/or subject ro subsidence. The potential impact of disruption to these As well the Company claims that the Tahmoor North businesses and their employees could be detrimental if reserves are only economical to mine from the existing buildings and production equipment are damaged. and operating Tahmoor mine as they are not extensive Although the Commission was nor persuaded that enough to support a stand alone greenfields mining under the Industrial Area should be refused development. Submissions to the Inquiry were made outright it recommended that the Company should by 286 parties, 55 of whom appeared. have binding compensation agreements with the owners prior to any longwall extraction under this area. The total quantity of coal mined from the Tahmoor North Coal Project will be 34 million tonnes over 17 Subsidence will also affect some heritage buildings, years. The proposed development will mine 4.67 railway lines, roads, bridges, services, creeks and million tonnes of hard coking coal as part of the topography. Recommendations include that longwall Tahmoor North Coal Project. Processing of the extraction not be approved under the residential areas of additional coal mined by the Extension Project will be Redbank/South Picton due to the potential for done in the existing Tahmoor mine preparation plant. unacceptable subsidence on heritage items in that area. Product coal will be railed to Port Kembla for export. The Commission found that the environmental aspects • changing the electricity transmission line corridor including subsidence should not stop development of to run from Temora instead of Forbes, thereby the mine subject to a reduced mining area and strict avoiding Lake Cowal and Nerang Cowal; and conditions of consent to limit adverse impacts. • a long term compatibility study based on ESD to The Minister has approved the Company's proposal. design landform, drainage and vegetation. In developing the revised proposal the Company Cowal Gold Project, West Wyalong consulted extensively with the local community, Commissioner William Train government agencies and conservation interests. It has Hearing 3 to 6 November entered into a Memorandum of Understanding with the 8 and 9 December 1998 Peak Environmental Groups for the establishment of a Lake Cowal Trust Fund fmanced by the Company for North Gold (WA) Limited proposed to develop an the purpose offu nding projects to preserve and enhance open cut gold mine, processing facilities and the conservation values of the Lake Cowal area. infrastructure at "Cowal West" on the Western Shore of Lake Cowal, 45km north of West Wyalong. A total of 125 parties made submissions to the Inquiry. An additional six parties made submissions to the related T he project will produce an estimated 2.7 million water licence application. The majority of submissions ounces of gold from 76 million tonnes of ore to be expressed strong support for the proposal and 25 parties excavated from an ore body on the shore and partly appeared before the Commission and Water Licence within the high water of Lake Cowal. T he capital Hearing. investment is up to $210 million and the project will employ a maximum of 200 staff. Protection of the recognised national and international conservation values of Lake Cowal as wetland waterbird The Company reviewed the environmental aspects of habitat was agreed by all parties to be the primary issue. an earlier proposal and reassessed the project's The major concerns in this regard related to the long term compatibility with the high conservation values of Lake compatibility and stability of the post-mining features of Cowal in the short to long term. The current development application is a result of a redesign of the the site. Long term landuse is a matter for Bland Shire earlier project. Council and further consultation with government agencies will be required to ensure it is sustainable. The major outcomes resulting from the redesign of the original proposal include: • ore processing to significantly reduce cyanide use; • use of cyanide destruction technology and increased recycling of cyanide to reduce the toxicity of tailings water; • location of tailings storages further away from the Lake; • reducing the number of tailings storages from four to two; Protection ofthe natu1'd ecological features of Lake Cowal is ofmajor importance On weighing and balancing the evidence before the Inquiry, the Commission was satisfied that the impact of the Cowal Gold Project on the environment of Lake Cowal would not be significant in the short or long term. The Commission was also satisfied the Cowal Gold Project would bring positive social and economic benefits to Bland Shire and the State. It concluded environmental aspects would not negate the Minister for Urban Affairs and Planning granting consent, nor other authorities determining aspects of the proposal subject ro the conditions Open cut coal mining will occur in bushland below Blackhill recommended. Donaldson Coal Mine, Evidence to the Inquiry was that significant local and Cessnock and Maitland regional economic benefits would result from approval of the mine including 114 direct jobs, 350 indirect jobs Commissioner Kevin Cleland and $146 million in State fees and charges. But the Hearing 16 to 20 November mine would have off-site impacts. 16 and 17 December 1998 21 January 1999 The site is heavily timbered and has easements for water pipelines and electricity transmission lines which would Donaldson Projects Pry Limited proposed to develop require relocation. Although subject tO some an open cur coal mine within Cessnock and Maitland degradation, one threatened flora species and eight City areas about 30km northwest of Newcastle. threatened fauna species have been recorded on the site. The proposed mine will have a life of 11 years and About 310 hectares of land having regional export 17.5 million tonnes of product steaming coal conservation significance mainly due to the presence of through the Port of Newcastle. The mine will be threatened species will be progressively cleared and relatively small with a low average soil to coal rehabilitated. These species will be affected by the overburden ratio and its costs will be in the lowest 10 mining proposal. percent of the 96 export coal mines in Australia. The Commission found the mine would not adversely Submissions to the Inquiry were made by 65 parties, 20 affect the development and marketing of adjacent of whom appeared. The Inquiry was held both at employment lands provided an early start is made tO Cessnock and Maitland City Council Chambers. mmmg. Progressive revegetation of the mine site largely to bushland, retention of another 200 hectares To the south of the site is a major poultry enterprise of vegetated land within the mining lease, and operated by Steggles Limited as well as several dedication of an additional contiguous 300 hectares of residences. Other residences in the vicinity of the mine vegetated land to the north of the mine site was are located at Blackhill, Avalon Estate and Wealdeys proposed by the Company. Management of the Drive. Ashtonfield, Beresfield and Thornton are dedicated conservation area would be funded by the major residential areas also nearby. A developing light Company ro ensure the long term viability of the industrial area is located along Wealdeys Drive to the conservation area. This was the best conservation east of the mine site. outcome having regard to the reluctance ofgovernment agencies to fund ongoing management of the area, even if it were dedicated for conservation. Air quality, noise and blasting are likely ro have impacts on residences immediately to the south of the mine site. Residems at higher elevation at Blackhill to the southwest of the site would have views across the mine site. Some adverse impact would occur to regional air quality but the area affected would be limited. Mining in the north and western areas also has impLications for conservation of the threatened flora species Tetratheca juncea. Reduced mining in the western area was Protection ofdownstream water recommended by the Commission to quality was an issue discussed at the Hearing mitigate impacts on nearby residences as well as on the larger community of Tetratheca juncea. This reduction will also provide a Following public exhibition of the DLEP and vegetated link between the compensation area to the consideration of submissions, Council resolved that a north and vegetated areas south of the site. Public Hearing be held by the Commissioners of Inquiry for Environment and Planning. Commissioner During the Inquiry the. Company and Steggles began Carleton was requested to inquire into the serious discussions in relation to the Donaldson Project environmental aspects of the Draft Local and ways of mitigating its potential impact on Steggles' Environmental Plan and Designated Development Blackhill poultry operations which are a very significant Application. The Draft LEP would permit the regional industry. A formal deed of agreement which mushroom substrate facility, and prohibit subdivision includes payment for relocation of activities within of land within a 1.5 kilometre radius of the site. specified areas of the Steggles site was made between the Company and Steggles. More than 300 parties made written submissions to the Hearing, of which 63 parties gave presentations. Local The Commission was satisfied that other issues such as resident submissions to the Hearing strongly objected dust, noise, visual impacts, water quality and closure of to the proposal. The basis of objections included John Renshaw Drive due to blasting could be impacts from odours, noise, and water runoff as well as satisfactorily mitigated by ongoing management and by development restrictions on properties within the the recommended conditions of consent. 1.5km buffer area proposed by the Draft LEP. A number ofsubmissions claimed that the proposal was Mushroom Substrate Facility, more akin to an industry and therefore should be Hawkesbury located in an industrial area. Commissioner Mark Carleton The mushroom industry is important to the region, Hearing 8 to 15 February 1999 employing up to 700 people as well as making a substantial contribution to the regional economy (farm Elf Farm Supplies Pry Limited proposed a mushroom gate value of $80 million). Some parties claimed that substrate production facility on Putty Road, Blaxlands the loss of the last remaining local substrate production Ridge. The plant will occupy 4.1 hectares near the facility would cause local mushroom farms to relocate. centre of a 14 hectare property. Hawkesbury City Council also exhibited a Draft Local Environmental Several Government agencies made submissions. Plan (DLEP) which restricted further subdivision The Environment Protection Authority raised concerns surrounding the site. in respect of odour, noise assessment and their impacts. planning and development controls and policies National Parks and Wildlife Service considered that the (particularly Council's Rural Residential Policy) as well site is inappropriate as it is opposite the Wollemi as recommend changes considered necessary for the National Park, that the proposal's buffer area should not protection of"Core Escarpment Lands". include part of the National Park, and that odour and noise impacts may adversely affect the Park. A total of 118 parties made submissions to the Inquiry. Planning, environmental, social, economic and Extensive odour modelling and environmental management issues were the focus of most submissions. assessment was carried out by parties. The evidence was Views expressed were wide and varied. Some supported that predicted odours, noise and other impacts would maintenance of the status quo while others advocated a meet relevant guidelines and that occasional exceedances new planning system. A number ofsubmissions sought could be managed to avoid unacceptable impacts to site specific zoning and/or development consent while nearby residents. The Commissioner recommended many sought rejection of past zoning and/or approval with stringent contingency provisions development consents. including additional enclosure of operations, air scrubbing and a predictive impact avoidance program to The Commission interpreted its terms of reference as prevent, or at least minimise odour detection near the requiring it to examine and report on landuse facility. Community consultation is required. Whether planning (including zoning), environmental a Draft Local Environmental Plan and buffer wne management, conservation, and fair trading on the would be required depended on further consultation Illawarra Escarpment at a policy and principle level with the Department of Land and Water Conservation rather than on an individual, specific site or and the Local Aboriginal Land Council. development application basis. Landuse Planning, Illawarra Escarpment Six criteria were recommended by the Commission for Commissioner William Simpson, Chairperson identification of land to form the "Core Escarpment Hearing 7 to 11 December 1998 Area'. The Commission considered it appropriate to 27 and 28 January 1999 include all land currently zoned ?(a)-Special Environmental Protection in the Wollongong LEP 1990 as "Core Escarpment Area' plus inclusion of various The importance of the Illawarra Escarpment and the areas rezoned from ?(b)-Environmental Protection need to protect its visual and ecological values is the Conservation and l(non-urban). It also recommended shared view of the community, landowners and local in the long term that the "Core Escarpment Area' be and State government agencies. However, there is no developed as a "regional park" pursuant to the National consensus as to what constitutes the "Escarpment Area" Parks and Wtldlife Act 1974. This objective requires all or the protection and conservation required. such land be in public ownership. The Inquiry's terms of reference required the The "Non-core Escarpment Area' should include all Commission to establish criteria for the purpose of lands currencly wned 7(b) in Wollongong LEP 1990 identifYing "Core Escarpment Land" and the areas that except those that the Commission recommends be should be so classified. The Commission was also rezoned to 7(a). Further, certain areas are recommended required to recommend the management arrangements to be rewned from I (non-urban) to 7(b) for the purpose for identified areas including consideration of ownership of protecting the Escarpment environment. All "Non (private v public) and the role of Wollongong City core Escarpment Areas" should remain in private Council's Fair Trading Policy in bringing the land into ownership. Their long term protection and public ownership. conservation should be managed in accordance with the outcomes of studies recommended by the Commission. As to lands not identified as "Core Escarpment Area', the Commission was required to review existing landuse Mount Pleasant between two and six kilometres northwest of Muswellbrook. The proposed mine will produce 6 to 8 million ronnes per annum of high quality export thermal coal. In total the mine will extract about 200 million tonnes of run-of mine coal to produce 140 to 145 million tonnes of saleable coal during its first 21 years. The mine will tal<:e two years to build employing around 250 persons for that period. Once operational, the mine will Urban encroachment is a major issue for the employ a workforce of around 330 persons pmtection ofescarpment lands in the Illawarra and will have a payroll of around $25 million per annum. At peak production the sale of coal will generate around $340 The Commission found there is a paucity of relevant million per year. This income will be of major benefit data in respect of the Escarpment, its foothills and to the local, regional, State and National economies. interaction with surrounding land forms. It recommended baseline studies be carried out to The Company has consulted widely with the local provide necessary data for future planning and community and recognises the potential adverse impact management of the Escarpment. Prior to the of the mine on local and regional air quality, noise completion of the recommended studies, a moratorium environment, surface and groundwaters, and on application of Council's Fair Trading and Rural agricultural production. Some residents will be Residential policies should also be imposed. During the displaced as they live within the proposed mine area or moratorium development control should be processed nearby where environmental conditions will impair in accordance with Wollongong LEP 1990 and the residential amenity. The Company is proposing to Commission's recommended planning and acquire these disaffected properties. development principles. Submissions to the Inquiry were received from The State and regional significance of the illawarra 117 parties. Most recognised the economic and Escarpment is such that the State government should be employment benefits to the community of the mine involved administratively and financially in future but they also pointed out the potential for deterioration planning and conservation of the Escarpment. of the local and regional environment. The residents are concerned for their amenity and future lifestyle. Mount Pleasant Coal Mine, Muswellbrook The Department of Mineral Resources strongly Commissioners William Simpson, Chairperson supported the proposal as one of the few remaining William Train areas of open cut mining in the region. The Council Hearing 21 to 28 July 1998 and other Government agencies expressed qualified 8 and 9 February support for the proposal subject to resolution of specific 15 to 17 March 1999 issues and subject also to strict conditions of consent. Coal and Allied Operations Pty Limited proposed to Many local residents objected to the mine on develop an open cut coal mine, coal processing environmental grounds. They have experienced the facilities, infrastructure and rail loading installation at development .of other mines in the area and how these nearby mines have adversely impacted their amenity. They fear the effect of an additional mine in the vicinity. Cumulative effects of proposed and existing mines nearby on air quality, noise environment, traffic and visual amenity were the main issues. Resolution of cumulative impacts with existing operating mines is difficult and the Commission has relied on past practice to address maintenance of environmental conditions, compensation, and acqulSlnon of Open cut coal mining will occur in disaffected properties. The Company as grazing country to the northwest ofMuswellbrook the new entrant into the local mining scene must accept liability if appropriate environmental conditions are compromised as a result of the Mount Pleasant Mine. This approach was adopted by the Commission to ensure the precision and certainty of any consent granted and to protect the amenity and equity of existing landowners. .. However, the Commission recognised the need fo r liability for cumulative impact to be capable of being effectively addressed where specific identified sources contribute to exceedances of criteria. It recommended that amendments to the legislation be considered to enable apportioning of liability between developments contributing to impairment of amenity standards. On weighing and balancing the evidence before the Inquiry, the Commission was satisfied that the impact of the proposed Mount Pleasant Open Cut Coal Mine on the environment of Muswellbrook and the surrOLmding areas would not be such as to preclude its operation. Ameliorative measures will be necessary to reduce impacts. Acquisition of properties, if required by owners, will also be necessary as will an extensive programme of environmental monitoring and control. A commitment to excellent environmental outcomes throughout the life of the mine is required of the Company. II Reports Being Prepared ras at 1 July 1999) Ardlethan Landfill Project Commissioner Kevin Cleland Hearing 12 to 16 April 25 to 27 May 1999 The Applicant proposes to develop a solid waste landfill operation at Ardlethan about 400km west-southwest of Sydney. This Inquiry is considering the environmental aspects of. the proposal. Voyager Point, Liverpool Commissioner William Train Hearing 10 June 1999 This Inquiry under the Heritage Act 1977 relates to objections by the owners of land which is subject to an Interim Conservation Order because of its natural heritage and conservation values. Heritage Estate, Jervis Bay Commissioner Kevin Cleland Hearing 31 May to 3 June 30 June 1999 The Heritage Estate is an old 'paper subdivision' located at the northeastern end of St Georges Basin near Nowra. This Inquiry is considering the capability of the land for residential development having regard to the environmental and development objectives for the land. Inquiries and Hearings Pending Dunmore Lakes Sand Extraction, Shellharbour: Inquiry advertised and first session due to commence 19 July 1999. Clarence Valley and Coffs Harbour Regional Water Supply: Inquiry due to commence 17 August 1999. Woodlawn Solid Waste Landflll, Tarago: Commission appointed and awaiting documentation. Classification of Public Land, Bathurst: Hearing advertised and public session due to commence 5 July 1999. Trading Hours, Parklea Markets: Hearing delayed to 16 August 1999 to allow Council to prepare further documentation. Inquiries Adjourned 37-45 Stafford Street, Paddington This heritage Inquiry has been adjourned indefinitely. All parties have the right to refer the matter for further hearing on seven days notice. Offshore Sand Mining, Sydney On application by parties on the first day of hearings this Inquiry was adjourned indefinitely. Residential Subdivision, Culburra Following the Applicant's request, this Inquiry has been adjourned to allow preparation of a Fauna Impact Statement. Further hearing dates will be set once the Applicant notifies the Commission it is ready to proceed. Environmental Planning Issues Social Impact Assessment the natural and built environments, and social and economic impacts in the locality. Social impact of a development is its effect on people, their way of life, their community and The Department of Urban Affairs and Planning's cultural traditions. document tided Is an EJS Required? refers specifically to Part 5 of the EP&A Act. Assessment of the potential social impacts of a It nevertheless contains Tables which could be proposed development is an integral part of useful in identifying and analysing issues including thorough environmental impact assessment and the social issues arising from projects being assessed Public Inquiry process. Although developed to under Part 4 of the EP&A Act. Matters which are assess policy issues two aspects of the State listed include change in demographic structure; Government's social justice strategy are inherent in change or disruption to community functions; Inquiry procedures, namely: disadvantages to communities and individuals; effects on health, safety, welfare and amenity; • Recognising and promoting individual rights; change in demand for community services; and economic factors, specifically net economic welfare, direct costs to the community or individuals, • Providing better opportunities for genuine decrease in economic stability, and changes to participation and consultation about decisions public sector finances; heritage, cultural and affecting people's lives. aesthetic impacts; land use impacts; and transportation impacts. The Inquiry procedures adopted also implement the relevant priority of the Government's Social Where large scale development in an area is likely Justice Directions Statement: given an ongoing availability of natural resources for instance, a regional social impact study would .. • Helping our democracy work better for all very likely be advisable. Responsibility for such a citizens by improving public participation in study would usually be with the State in the decision-making process of government, consultation with Government Agencies and Local ensuring that these processes are open, Government. It is not feasible or reasonable to responsive and effective. expect a single project to conduct such a study due to its likely wide ranging nature. Nevertheless, each A Public Inquiry dearly provides for social aspects proponent needs to appropriately canvass the social by way of its public participation objectives and its implications of its development. open and accountable procedures. This was strongly supported by participants in Inquiries who Assessment of social impact in the locality of major responded to the survey of the Inquiry process development in the past has received poor coverage undertaken for the period May 1995 to May 1997. in most EIS documents but improved information is now provided to Inquiries. However, it is a The consent authority must take into consideration significant issue which still requires greater the relevant social impacts of a proposed attention if major projects are to gain widespread development as set out in section 79C of the community acceptance. An integral component is Environmental Planning and Assessment Act open communication between the proponent, (EP&AAct): government bodies and the community, especially the more directly affected local community and individual residents. The likely impacts of that development, including environmental impacts on both Commissions of Inquiry must weigh and balance Standards, goals and criteria the evidence in making recommendations. Social and economic benefits of major development are The terms standards, goals and criteria are used as usually claimed to provide a substantial basis for design parameters as well as to assess the impact of the case of the proponent and other parties a proposed development. They may be used supporting approval. interchangeably and this can cause confusion with parties who are not familiar with the terms. The Commissioners generally understand the Those communities and individuals who may be terms in the following way: socially and economically disadvantaged need to be adequately considered, the likely impacts canvassed and assessed, and compensation provided where • Standard generally refers to a statutory the impacts of development with important requirement or a 'level of performance' which economic and social benefits cannot be adequately by law is required to be met. The standard controlled and mitigated. This latter situation has must be complied with. not been well canvassed or assessed in the past but • A goal is a 'level of performance' which is is now receiving more consideration. planned to be achieved over time. Policies and management plans are usually developed A further matter which requires analysis is that of to assist in achieving goals. Goals are often set communities and residents located immediately to achieve ~road objectives such as for regional outside of areas for which compensation air quality or stream water quality. arrangements apply. For major development those areas often suffer multiple environmental impacts • Criteria refer to 'levels of performance' which which individually are within guideline values. do not have statutory bases but which are These affected communities and residents may generally considered necessary to control carry a disproportionate burden. environmental impacts to 'acceptable' levels. The design performance of individual projects is often assessed by comparison with criteria. The inevitable social disruption to communmes It is highly desirable for a project to meet and individuals which can accompany major criteria set by government agencies but it development is usually recognised but rarely may not be essential depending on the assessed to any detailed extent. There remains the project's merits. challenge to government agencies and proponents to ensure that equity considerations are adequately addressed. Appendix 1 Operating Statement For the Year Ended 30 June Actual Actual Actual Actual Actual Actual! Budget 1993-94 1994-95 1995-96 1996-97 1997-98 1998-99 1998-99 $'000 $'000 $'000 $'000 $'000 $'000 $'000 Expenses Other Operating Expenses Employee Related 605 827 842 768 880 l,llP 911 Other Operating 555 396 414 332 399 3663 443 Maintenance 5 5 4 9 8 16 68 Depreciation 4 7 4 7 5 6 6 Total Expenses 1,169 1,235 1,264 1,116 1,292 1,499 1,428 Revenues Revenue from all sources 70 155 124 27 34 97 40 Total Revenues 70 155 124 27 34 97 40 NET COST OF SERVICES 1,099 1,080 1,140 1,089 1,258 1,402 1,388 Government Contributions Recurrent Allocation 1,078 1,0 10 1,071 1,066 1,237 1,362 1,295 Commission's Liabilities 17 63 65 16 16 34 87 accepted by State 1,095 1,073 1,136 1,082 1,253 1,396 1,382 Non Funded Items 4 7 4 7 5 6 6 TOTAL 1,099 1,080 1,140 1,089 1,258 1,402 1,388 1Unaudited extract of information from the Department of Urban Affairs and Planning Operating Statement for 1998-99. The financial details of the Commissioners of Inquiry are included in the Department's Financial Statements for the year ended 30 June 1999 published in the Department's Annual Report. 2 Increase due to redundancy. payment, additional temporary staff and approved staff salary increases. 3 Reduction due to lower travel expenses for Inquiries. Appendix2 The Commissioners and Staff William Simpson AM, Chairperson . Kevin Cleland, Deputy Chairperson Mr William Simpson, Chairperson, was appointed as Mr Kevin Cleland was appointed by the Governor in a Commissioner by the Governor in Council in 1980. Council as a Commissioner of Inquiry in 1987. He was appointed Deputy Chairperson in February 1995. Between 1972 and 1980 he was the Senior Chairman of the New South Wales Town Planning and Local Since being appointed, his experience relating to Government Appeals Tribunal. Such Tribunal took environmental planning matters includes Inquiries over the planning appeal jurisdiction of the Land and into the assessment of major industrial, mining, Valuation Court and was until 1980 responsible for public infrastructure, commercial, residential and determining all appeals against council decisions on tourism proposals. These Inquiries have involved a development and environmental matters. wide range of complex environmental, planning and social issues including potential impacts on Since appointment as Commissioner he has been residential and other communiry uses and on the responsible for the conduct of most major natural environment. He has also undertaken public Commissions of Inquiry concerned with town and hearings at the request of councils into rezoning and environmental planning, heritage and development waste management projects. matters of Stare and regional significance. Also, at the request of Local Government authorities, he has Prior to his appointment as Commissioner he was undertaken public hearings into controversial employed by the Metropolitan Waste Disposal development projects and conducted Public Inquiries Authoriry fo r 14 years where he held an executive into the strategic, environmental and development position, being responsible for environmental control planning of various councils. planning and engineering matters relating to solid, liquid and chemical waste control and disposal in the He has a background in Local Government Sydney region. administration with professional qualifications and experience in Town and Environmental Planning, He earlier worked in the chemical process industry Building Surveying and Public H ealth for seven years in the positions of plant manager, Administration. planning and capital cost engineer, and technical adviser. He is author of various publications concerning envi ronmental law, environmental decision making, His professional qualifications include degrees in strategic planning and development control, and an chemical and industrial engineering, studies in acknowledged contributor and speaker at Australian social history, and training as a mediator. environmental law and town planning conferences within Australia and overseas. He is a Fellow of the Royal Australian Planning Institute, a Life Fellow of the Australian Institute of Building Surveyors, and a Life Fellow of the Australian Institute of Environmental Health. Mark Carleton, Commissioner William Train, Commissioner Dr Carleton has been involved with Inquiries on Mr William Train was appointed by rhe Governor in complex or controversial environmental iss ues, Council ro the position of Commissioner of Inquiry development proposals, planning problems and in April 1994. conservation choices. These include proposals for coastal protection, rezoning, mining, waste disposal, Prior to his appointment, Mr Train held a position of redevelopment, sewage disposal and transportation. Director with the New South Wales Environment Protection Authority. He had held a number of Prior ro his appointment as a Commissioner of senior positions with the previous New South Wales Inquiry, Dr Carleton was Deputy Director, Local State Pollution Control Commission prior to the Government Engineering at the University of formation of the Environment Protection Authority. Technology, Sydney, and lectured, supervised research and presented papers in the areas of environmental His career in environment protection spanned 23 engineering, hydrology, water supply, sewerage years with extensive experience in air, water and noise reticulation, drainage design, and road and environmental protection measures for most primary, transportation engineering. secondary and resource utilisation industries. In addition, he has had natural resource management He has been employed as a consultant by a number of experience in forestry, coastal protection, flood Government, Local Government and private mitigation and estuary and riverine systems. organisations in Australia and Europe, mainly in the areas of urban infrastructure, pollution control or More than nine years experience with the New South flood mitigation. Dr Carleton was a Principal Wales Department of Public Works in the design and Research Engineer, French Water Resources construction of sewerage systems, water supplies and Department. He held the position of Investigations coastal structures preceded his move into the Engineer, State Pollution Control Commission, and environmental field. for 11 years was employed by Local Government organisations in the areas of road engineering, development control, flood analysis and traffic He holds an honours degree in civil engineering from engineering. the University of New South Wales and has undertaken post-graduate studies m coastal engineering. H is qualifications include local government engineering, urban and environmental planning, civil engineering and law. A trained mediator he also has experience or training in alternative dispute resolution, building, mining engineering and computer modelling. He is the author or co-author of a number of publications, policies or guidelines and is a member of a number of professional organisations or committees. Dr Carleton has assisted Inquiries since 1989 and was first appointed as a Commissioner oflnquiry during 1990. fl Senior Executive Service The Commissioners are at senior executive service level. The Chairperson and Deputy Chairperson are Level 5 and the Commissioners Level 3. The four Commissioners are male. There has been no change in Commissioners during the year. William Simpson AM, Chairperson SES Level 5 William Simpson reported three maJor Public Inquiries this year. These were the Perisher Range Master Plan, Landuse on the Illawarra Escarpment and the Mt Pleasant Open Cut Coal Mine. He is currently conducting a Public Hearing for Bathurst City Council. During the year he provided advice to rhe Minister on a range of important environmental planning issues and ensured the efficient and effective functioning of the Commissioners of Inquiry. The Chairperson met the conditions required by his contract with the Minister. Kevin Cleland, Deputy Chairperson SES Level 5 Kevin Cleland reported two important Public Inquiries this year. These were the Tahmoor Underground Coal Mine and Donaldson Open Cut Coal Mine. Currently he is completing the Heritage Estate, Jervis· Bay and the Ardlethan Solid Waste Landfill Inquiry reports as well as conducting the Dunmore Lakes Sand Extraction Inquiry. He co ordinated and prepared the Annual Report and undertook other administrative duties directed by the Chairperson. The Deputy Chairperson met the conditions required by his contract with the Minister. Appendix3 Inquiries Environmental Planning and Assessment Act 1979 No. Description No. Description Residential Flats, Victoria Street, Epping 28 Residential Flats, Murphy's Road, Kingscliff 2 Retail Development, East Street, Nowra 29 Helicopter Facilities, Channel 7 Studios, Epping 3 Gazebo Hotel, Kings Cross 30 Boral LPG Terminal, Port Botany 4 Aluminium Smelter, Tomago Road, Tomago 31 Waterbased Recreational Complex, Wisemans Ferry 5 Subdivision, Bonnyrigg, Fairfield (Terminated) 32 Solicitor's Office, Old Illawarra Road, Menai 6 Ulan Coal Mine Expansion (Stage 1), Ulan 33 Powell Duffryn LPG Terminal, Port Botany 7 Aluminium Smelter, Old North Road, Wakefield 34 Boating Facilities, Sailors Bay, Northbridge 8 Open Cut Coal Mine, Wakefield Road, Wakefield 35 Clay/Shale Extraction, Mulgoa, Penrith 9 North Hermitage Coal Mine Expansion, Lithgow 36 Open Cut and Underground Coal Mining, United Collieries, Jerrys Plains Road, Singleton 10 Charswood Town Centre 37 Residential Flats, Nowra II Wesrcliff Coll ieries, Methane Gas Drainage, Wollondilly 38 Dwelling Houses, Shoalhaven River, Nowra 12 H ousing Commission -v-Narrabri Council, Wee Waa 39 Waste Faciliry , Horsley Road, Eastern Creek 13 Coal Loading Faciliry, Bellambi 40 New Road and Seven Lots, Pembroke Road, Minco 14 Land Comrnission-v-Penrith Council, Road and Public Reserve Contribution 41 Aqueous Waste Treatment Plant, Banksmeadow 15 Wyong Shire-v-Departments of Local Government and 42 Poultry Sheds, Worcester Road, Rouse Hill Lands, Rezoning of Land, Entrance Road, Bateau Bay 43 Industrial Sand Extraction, Kurnell 16 Draft REP Kurnell, Vols I and 2 44 Hard Rock Deposits, Wingecarribee 17 Sand and Gravel Extraction, Penrith Lakes Area 45 Disposal of Seed Industry Waste, Wollongong 18 Housing Commission-v-Lake Macquarie Council, 46 Ulan Coal Mine Expansion (Stage 2), Ulan Electriciry and Telephone Services, Bolton Point 47 Black Hill Open Cut Coal Mine, Muswellbrook 19 Real Estate Office, Old Illawarra Road, Menai 48 Tomago Aluminium Waste Disposal Sire, Wallaroo 20 Housing Commission-v-Muswellbrook Council, 49 Rockleigh Road Subdivision, Exeter Residential Flat Development, Muswellbrook 50 Grain Handling Terminal, Port Kembla 21 Underground Coal Mine, Birds Rock Colliery, Newnes Plateau 51 Extraction and Processing of Sand, Colo River, Colo 22 Underground Coal Mine, Baal Bone Colliery, Lithgow 52 Commercial Development, Old Northern Road, Dural 23 The Desirabiliry, Location and Design of H igh-Rise 53 Multiple Occupancy Development , Tweed Shire Development in Tweed Shire 54 Subdivision and Dwelling Houses, Jamberoo, Kiama 24 Pear Mine, Killarney Swamp, Bombala 55 Floodprone Land, Homebush Abattoir, Auburn 25 Open Cur Coal Mine, Mount Thorley, Singleton 56 Waste Depot, Erskine Park Quarry, Penrith 26 Coal Washery and Rail Loading Faciliry, Ravensworth 57 Me Arthur South Coal Mine, Muswellbrook 27 Glendell Coal Mine, Ravensworth II No. Description No. Description 58 LPG Separation and Storage Plant, Kurnell 88 Section 94 Contributions, Operations and Practice 59 Soap Manufacture, Colgate-Palmolive, Villawood 89 ACR Bulk Liquids Terminal, Port Botany 60 Southside Shopping Plaza, Princes Highway, Rockdale 90 Rezoning of Land, Pacific Highway, Pymble 61 Bayer Agriculture and Veterinary Products, Kurnell 91 ICI Polyethylene Plant, Matraville 62 Blue Circle Southern Cement, Berrima 92 Plasterboard Factory, Marraville (Report 2) 63 White Petroleum Products Storage, Banksmeadow 93 Tourist Resort and Marina, Kangaroo Point, Brooklyn 64 Carbon Dioxide Facilities, CIG, East Botany 94 Lewisham Hospital Site , Use for Welfare Purposes 65 Pilkington ACI Float Glass Plant, Ingleburn 95 Pulpit Point Marina, Hunters Hill 66 Dam and Levee Construction, Barwon River, Brewarrina 96 Rezoning of Mt Nullum, Tweed Shire 67 Monorail Station, Cnr Pitr and Market Streets, Sydney 97 Mobil/Esso Jer Fuel Pipeline, Botany 68 Drainage Canal and Lake, South Tweed Heads 98 Boatharbour and Marina, Boydrown 69 Paddingron Retail Markets, Paddingron 99 Moveable Dwelling Park, Goodwood Island, Maclean 70 Tourist and Residential Canal Subdivision ,Harrington 100 F2-Expressway, Beecroft to Ryde 71 WR Grace Chemical Plant, KurneU 101 Canal Estate Development, Port Macquarie 72 Zoning of Land, Table Top, Albury 102 Bulga Open Cur Coal Mine, Singleton 73 Northern Areas Wastewater Scheme, Coffs Harbour (1) 103 Newsprint Brightening, ANM, Albury 74 BHP Mini Steel Mill, Roory Hill 104 Rezoning of Land, Five Dock 75 West Cliff Coal Mine, Wedderburn 105 Tomago Aluminium Smelter Expansion, Tomago 76 Spillway Upgrading, Dungowan Dam, Tamworth 106 SEPP 28: Kogarah Council-v-Deparrmenr of Planning 77 Construction ofTombolo, Port Hacking (Terminated) 107 SEPP 28: Liverpool Council-v-Deparrment of Planning 78 Australian Yugoslav Community Centre, Chullora 108 SEPP 28: Strathfield (Terminated) 79 Residential Subdivision , Byles Creek, Beecroft 109 Mitchells Flat Coal Mine and Branxton Coal Loader 80 Sand and Soil Extraction, Menangle 110 Glennies Creek Underground Coal Mine, Singleton 81 Lube Oil Blending and Storage Facilities, Botany 111 Danbrook Underground Coal Mine, Muswellbrook 82 Communications Towers, Moss Vale to Unanderra 11 2 Aluminium Fluoride Plant, Kooragang Island, Newcastle Railway 113 Golf Course and Tourist Resort, Micalo Island, Maclean 83 SREP 12- Dual Occupancy; SEPP 5- Housing for Aged 114 Coastal Works, Seven Mile Beach,Lennox Head and Disabled; SEPP 25 - Residential Allotment Sizes 115 Mineral Sands Mine, Saltwater , Taree 84 Metal Forging Factory, Botany 116 Recycled Fibre Plant and Wastewater Reuse, Albury 85 Rixs Creek Open Cut Coal Mine, Singleton 11 7 Canal Development, Dunbogan (Report 1) 86 Lor 2, Skipton Lane, Prestons, Liverpool 11 8 Regional Waste Depot, Lucas Heights (Terminated) 87 Plasterboard Factory, Marraville (Report 1) No. Desc.ription No. Description -119 Hard Rock Quarry, Gunning 143 Boathaibour and Marina, Shellharbour 120 Mount Airly, Coal Mine, Capereee Valley, Lithgow 144 Cadia Gold/Copper Mine , Orange 121 APPM Recycled Papers Plant, Bombaderry 145 Eastern Gas Pipeline Project 122 Heliport for Sydney CBD, Pier 8, Pyrmont 146 Intensive Piggery, Balpool via Moulamein 123 Hard Rock Quarry, Oberon 147 Residential Subdivision, Culburra (Adjourned) 124 Pore Kembla Coal Terminal Upgrading, Wollongong 148 North Kiama Road Bypass, Noreh Kiama 125 Calrex Peuoleum Storage Centre, Mulgrave 149 Duralie Open Cur Coal Mine, Stroud 126 Strategic Planning and Development Control, 150 Botany Cogeneration Project Sydney Region 151 Hard Rock Quarry, Exeter 127 Pork Production and Processing, Scone 152 Westfield Shoppingrown, Bondi Junction 128 Underground LPG Storage, Porr Botany 153 Norrh Ocean Shores Rezoning, Byron 129 Northern Areas Wastewater Scheme, Coffs Harbour (2) 154 Kurnell Cogeneration Project 130 Artificial Lake, Bakers Lake, KingscliffWesc 155 National Rail Freight Terminal, Chullora 131 Mount Owen Open Cur Coal Mine, Hebden 156 Hard Rock Quarry, Taree 132 Off-Shore Sand Mining, Sydney (Adjourned) 157 Pulp and Paper Mill, Tumuc 133 Bengalla Open Cut Coal Mine, Muswellbrook (1) 158 Bulk Liquids Terminal, Port Botany 134 Bayswacer No.3 Colliery, Muswellbrook 159 Cooranbong Colliery Extension, Morrisec 135 Landuse and Zonings, Helensburgh 160 Sand and Gravel Quarry, Byron 136 Cogeneration Plane, Smithfield 161 Perisher Range Master Plan 137 Copper Smelter, Pore Kembla 162 Tahmoor North Underground Coal Mine 138 Pasminco Lead/Zinc Smelcer, Boolaroo 163 Cowal Gold Project, West Wyalong 139 Canal Development, Dunbogan (Repore 2) 164 Donaldson Coal Mine, Cessnock and Maitland 140 Artificial Waterway and Subdivision, Tweed 165 Landuse Planning, Illawarra Escarpment Heads South 166 Mt Pleasant Coal Mine, Muswellbrook 14 1 Bengalla Open Cue Coal Mine, Muswellbrook (2) 142 Lake Cowal Gold Project, West Wyalong Appendix4 Inquiries and Appeals Heritage Act 1977 No. Description No. Description St Andrews Church of England, Seven Hills 29 Odeon Theatre, East Esplanade, Manly 2 Royal Hotel, 108 William Srreet, Bathurst (Report I) 30 Dayton House, Seven Hills (Terminated) 3 CML Building, Auburn and Clifford Streets, Goulburn 31 St John's Uniting Church, Yeo Street, Neutral Bay 4 114 Belmont Srreet, Mosman 32 "Abbotsford", Oaks Road, Pieron 5 Archaeological Site, Old Marulan Town, Marulan 33 Winrergarden Theatre, Rose Bay 6 Shop and Dwellings, Wilson Street, Albury 34 Ritz Theatre, 43 Paul's Street, Randwick 7 Coogee Palace Aquarium, Dolphin Street, Coogee 35 "Brackley", 184-186 Bourke Street, Goulburn 8 "Venice", 66 Frenchmans Road, Randwick 36 Carrington Hotel, Katoomba 9 Thompson Square, George and Bridge Streets, Windsor 37 Innisfallen Castle, Willis Road, Castle Cove I 0 Vinegar HilJ Bartle Site, Windsor Road, Rouse Hill 38 Regent Theatre, George Srreet, Sydney 11 Seppelt's Warehouse, 160 Crystal Street, Broken Hill 39 Como Hotel, Como 12 "Meurant's Cottage", Meuran rs Lane, Parklea 40 "Beulah", Appin Road, Appin 13 "Moonby House", New England Highway, Koocingal 41 "Bishops Court", Darling Point (Terminated) 14 "Garibaldi", Alexandra and Ferry Streets, Hunters Hill 42 St Paul's Anglican Church and Pipe O rgan, Burwood 15 StMary's Convent, W illiam Street, Bathurst 43 "Nurcote", 5 Wallaringa Avenue, Neutral Bay 16 "Waimea", Wai mea Avenue, Woollahra 44 "The Retreat", 817 Victoria Road, Ryde 17 "Smith's Flour Mill", Newcastle Road, East Maitland 45 ''Tusculum", 1-3 Manning Srreet, Pons Point 18 "Camden", 60 Prospect Street, Harris Park 46 31 Reiby Place, Sydney (Terminated) 19 Royal Hotel, 108 William Street, Bathurst (Report 2) 47 10-32 Hunter Street. Sydney 20 "Swifts", 68 Darling Point Road, Darling Point 48 Oswald's Bond Store, 1 Kent Street, Millers Point 21 Parish Centre, St Matthews Church, Windsor 49 D umbarton Castle Hotel, 155 Kent Street, Sydney 22 RoofTerrace, 55 Victoria Street, Potts Point 50 Horton's Creek Rainforest, Nymboida 23 St Andrew's Rectory, 3N Thee Street, Walcha 51 "Liner House", 13-15 Bridge Street, Sydney 24 "Courunga" or Munns Tower House, Merimbula 52 Agnes Banks Natural Area, Agnes Banks 25 "Salisbury Court" (Rose Bay Lodge), Rose Bay 53 "Kooyong", Knox Grammar School, Warrawee 26 "Lansdowne", Bun gonia Road, Goulburn 54 Simmons Hardware Store, George Street, Windsor 27 "Fitzroy Terrace", 6-18 Pitt Street, Redfern 55 High School and Manse, Free Church Street, Maitland 28 43 Pitt Street, Redfern 56 Walter Sully Emporium, 404 Argent Street, Broken Hill No. Description 57 "Warn brook", 26 Grey Street, Carlr on 58 "Wyewurk", 3 Craig Street, Thirroul 59 St Anne's Catholic Church, South Strarhfield (Terminated) 60 Terrace Houses, 5-15 Mount Street, Pyrmont 61 Remnant Vegetation, Chatham Road, Eastwood 62 Royal Automobile Club, Macquarie Street, Sydney 63 Wentworth Hotel, Darling Street, Wentworth 64 16-28 Hunter Street, Sydney 65 Finger Wharf, Cowper Street, Woolloomooloo 66 "Reussdale", 160 Bridge Road, Glebe 67 Macarthur House, 8 Melville Street, Parramatta 68 37-45 Stafford Street, Paddington (Adjourned) 69 Lennox's House, 39 Campbell Street, Parramatta 70 Cyprus Hellene Club, Elizabeth Street, Sydney 7 1 Old Sugar Mill, 96 Church Street, Canterbury 72 Bella Vista Estate, Kellyville 73 Wynella Homestead, Goulburn Appendix 5 Local Government and other hearings No. Description No. Description Local Government Depanment Investigation, 34 Draft LEP, Spit Junction Shopping Centre (Part I) Porr Stephens Shire Council 35 Draft LEP, Blue Mountains Ciry (1) 2 Residential D evelopment, 'Stack Sire', Paddington 36 Draft LEP, Spit Junction Shopping Centre (Parr 2) 3 Draft LEP, Rural Lands, Shire of Hornsby 37 Draft LEP, Ocean Shores, Byron 4 Draft LEP, Updating Planning Controls, Shellharbour 38 Draft LEP, Parklea Release Area, Blackrown 5 Draft LEP 80/3, Rockdale 39 Statutory and Strategic Planning, Wyong Shire Council 6 Draft LEP, Planning Administration, Orange 40 Draft LEP, Rezoning, Civic Centre Site, Campsie 7 Draft LEP, Ashfield 41 Draft LEPs - Ampol, Unilever, Balmain Power Station, Monsanto and Calrex Sires, Balmain 8 Draft LEP, H arrington Park 42 Draft LEP, Rezoning,Kelso, Bathurst 9 Draft LEP, Tourist/ Resort Hotel, Leura 43 St Catherine's Greek Orthodox Church, Botany 10 Draft LEP, Waste Disposal Site, Deniliquin 44 Central Sydney Planning Inquiry II Draft LEP, Mal rings Sire, Minagong 45 Summerhill Waste Management Faciliry, Newcastle 12 Draft LEP, Edgeworth David Avenue, Hornsby 46 Draft LEP, Mount Panorama and Environs, Bathurst 13 Draft LEP, North Sydney 47 Retail D evelopmenr, Raymond Terrace 14 Draft LEP No.l4, Moree Plains 48 Draft LEP, Rezoning, Brady Sueer, Mosman 15 Draft LEP, New Line Road Service Area, Dural 49 Draft LEP, "Murrawatta", Riverina H ighway, Albury 16 Sand Extraction and Placement of Slag , Prim bee 50 Esplanade Motel and Bus Depot, Newcastle East 17 Draft LEP, Blue Mountains Escarpment, Penrith 51 Green Organics Bioremediation Faciliry, Thornleigh 18 Draft LEP, South Hursrville 52 Sand Extraction, Cox's Lane, Fullerton Cove 19 D raft LEP, Boronia Avenue, Hunters Hill 53 Potential National Highway Routes, Albury Wodonga 20 Draft LEP, St John's Avenue, West Gordon 54 Draft LEP, Locality J, Charswood 21 Draft LEP, Ballina 55 Draft LEP (1996), Randwick 22 Draft LEP No.7, Rezoning, St Leonards 56 Harrington Park, Camden (Mediation) 23 Draft LEP, Flood Zones, Kempsey 57 Draft LEP, Blue Mountains City (2) 24 Sand Mining, Kurnell Pen insula 58 Mushroom Substrate Facility, Hawkesbury 25 Draft LEP, Drummoyne 26 Draft LEP, Narnbucca 27 Draft LEP, Shire of Byron 28 Draft LEP, Ciry Centre, Campbelltown 29 Draft LEP, Rezoning, CBD, Dubbo 30 Draft LEP, Coffs Harbour 31 Draft LEP, Residential Estate, Dunbogan 32 Rare Earth Processing Planr, Tuncesrer, Lismore 33 Draft LEP, Parklea Nursery, Blackrown II Freedom of Information No direct Freedom of Informacion requests were received during the year. Consultants No consultants were employed during the year. Overseas Travel No overseas travel was undertaken during the year. Annual Reports Number of Copies: 600 Printing Cost: $11 .50 each (approx) II Office of the Commissioners of Inquiry fo r Environment and Planning Level 13, Thakral House, 301 George Street, Sydney NSW 2000 GPO Box 3415, Sydney NSW 1043 Telephone No: (02) 9299 2904 Facsimile No: (02) 9262 1242 Web Site: http://www.coi.nsw.gov.au Office Hours: 9:00am to 5:00pm Monday to Friday