Manly Lagoon Dredging Project - Manly Council - NSW Government
Manly Lagoon Dredging Project - Manly Council - NSW Government Manly Lagoon Dredging Project - Manly Council - NSW Government
Manly Lagoon Dredging Project – Review of Environmental FactorsPrepared for Manly and Warringah CouncilsIt is important to note that the proposed works do not affect land or development regulatedby State Environmental Planning Policy No. 14 – Coastal Wetlands (SEPP 14), StateEnvironmental Planning Policy No. 26 – Littoral Rainforests (SEPP 26), State EnvironmentalPlanning Policy No. 44 – Koala Habitat Protection (SEPP 44) or State EnvironmentalPlanning Policy (Major Projects) 2005.State Environmental Planning Policy (Infrastructure) 2007State Environmental Planning Policy (Infrastructure) 2007 (SEPP (Infrastructure)) aims tofacilitate the effective delivery of infrastructure across NSW by providing greater regulatorycertainty and efficiency with regards to infrastructure projects and consent conditions, andalso allowing greater flexibility in the location of services and infrastructure. It is noted thatthe preliminary note to this SEPP states that ‘Nothing in this policy (except Clause 9) affectsany requirements under another Act to obtain an approval, licence or permit for orconcurrence to any development of a kind specified in Part 3. Examples of such Actsimposing such requirements include the Fisheries Management Act, 1994, Forestry Act1916, Heritage Act 1977, Mine Subsidence Compensation Act 1961, Mining Act 1992,National Parks and Wildlife Act 1974, Protection of the Environment Operations Act 1997,Roads Act 1993, Rural Fires Act 1997 and Water Management Act 2000’.State Environmental Planning Policy No. 35 – Maintenance Dredging of Tidal Waterways(SEPP 35), which previously applied to the proposed Manly Lagoon Dredging, was repealedby Schedule 4 to SEPP (Infrastructure) with effect from 1 January 2008.Section 128(b) of SEPP (Infrastructure) states that instream management or dredging torehabilitate aquatic habitat or to maintain or restore environmental flows or tidal flows forecological purposes is included in the definition of waterway or foreshore managementactivities. Section 129(1) states that development for the purpose of waterway or foreshoremanagement activities may be carried out by or on behalf of a public authority withoutconsent on any land. Therefore the proposal for dredging and dewatering on Nolan Reservecan be assessed under Part 5 of the EP&A Act and development consent under Part 4 of theEP&A Act for the proposed works is not required.Part 2 of the SEPP (Infrastructure) contains provisions for public authorities to consult withlocal councils and other public authorities prior to the commencement of certain types ofdevelopment. SEPP (Infrastructure) details the consultation and environmental assessmentcategories required for infrastructure developments. The consultation associated with theproposed works is discussed in Section 3.2 and the environmental assessment undertakenis discussed in Section 5.State Environmental Planning Policy No. 71 – Coastal ProtectionState Environmental Planning Policy No. 71 – Coastal Protection (SEPP 71) aims to ensuredevelopment assists in protecting, preserving and managing the coast of NSW. This Policyrequires certain development applications to carry out development in ‘sensitive coastallocations’ to be referred to the Director-General of the Department of Planning (DoP) forcomment. Manly Lagoon is listed as a sensitive coastal location under Schedule 1.2 July 2010 Cardno (NSW/ACT) Pty Ltd 30H:\Doc\2010\Reports.2010\Rep2580v4.doc
Manly Lagoon Dredging Project – Review of Environmental FactorsPrepared for Manly and Warringah CouncilsSEPP 71 applies to the area declared as the NSW Coastal Zone under the CoastalProtection Act 1979, defined by Coastal Zone Maps for the Greater Metropolitan Region(GMR). This SEPP applies as the proposed works site as the foreshore immediatelysurrounding the lagoon is part of the Coastal Protection Zone, according to GMR Map 15(DoP, 2009a).Although this SEPP is enacted, the determination under Part 5 of the EP&A Act 1979 willnot need to be referred to the Director General of the Department of Planning. However, thedetermination authorities will need to consider all matters listed in Clause 8 of the SEPPwhen determining the matter.4.2 Pollution Control LegislationThe Protection of Environment Operations Act 1997 (PoEO Act) is administered by DECCWand ultimately aims to protect, enhance and restore the quality of the environment in NSW,to reduce risk to human health and promote mechanisms that minimise environmentaldegradation through a strong set of provisions and offences.A POEO licence is required from DECCW if any of the activities associated with theproposed works are determined to be a ‘scheduled activity’ under Schedule 1 of the Act.Water-based extractive activities are listed under Schedule 1 of the Act, meaning theextraction of extractive materials, either for sale or re-use, by means of dredging or othersuch water-based methods. If the Manly Lagoon dredging works were to involve theextraction of more than 30,000m 3 per year of material, then a licence from the EPA (withinDECCW) will be required under the PoEO Act 1997. As the proposed works do not involvethe extraction of over 30,000m 3 of material, regardless of the end use of the dredge spoiland whether it used/sold by the contractor carrying out the dredging works, a licence is notrequired.Resource recovery, including recovery of general waste, is listed under Schedule 1 (Clause34 – Resource Recovery) of the Act, meaning the receiving of waste (other than hazardouswaste, restricted solid waste, liquid waste or special waste) from off site and its processing,otherwise than for the recovery of energy. As the Manly Lagoon dredging works will involveresource recovery (via dosing and dewatering of lagoon sediments) on site, as opposed toreceiving waste from various different off site locations, a licence from the EPA would not berequired under the PoEO Act.Initial consultation with DECC (now DECCW) in May 2009 also indicated that the proposeddredging works do not constitute a ‘scheduled activity’ and do not require an EnvironmentalProtection Licence under the PoEO Act (Section 3.2). This was confirmed in writing byDECCW following a meeting between DECCW, Cardno and Manly Council which took placeon 17 November 2009.The Pesticides Control Act 1999 states that pesticides must be registered by the NationalRegistration Authority for Agriculture and Veterinary Chemicals (NRA). The NRA thereforeregulates the sale of pesticides, whilst the EPA (DECCW) enforces proper use of pesticidesafter the point of sale to minimise the impacts on health, the environment and trade. Permitsfor “off label” use may be obtained under the existing legislation, however Penalty and2 July 2010 Cardno (NSW/ACT) Pty Ltd 31H:\Doc\2010\Reports.2010\Rep2580v4.doc
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<strong>Manly</strong> <strong>Lagoon</strong> <strong>Dredging</strong> <strong>Project</strong> – Review of Environmental FactorsPrepared for <strong>Manly</strong> and Warringah <strong>Council</strong>sIt is important to note that the proposed works do not affect land or development regulatedby State Environmental Planning Policy No. 14 – Coastal Wetlands (SEPP 14), StateEnvironmental Planning Policy No. 26 – Littoral Rainforests (SEPP 26), State EnvironmentalPlanning Policy No. 44 – Koala Habitat Protection (SEPP 44) or State EnvironmentalPlanning Policy (Major <strong>Project</strong>s) 2005.State Environmental Planning Policy (Infrastructure) 2007State Environmental Planning Policy (Infrastructure) 2007 (SEPP (Infrastructure)) aims tofacilitate the effective delivery of infrastructure across <strong>NSW</strong> by providing greater regulatorycertainty and efficiency with regards to infrastructure projects and consent conditions, andalso allowing greater flexibility in the location of services and infrastructure. It is noted thatthe preliminary note to this SEPP states that ‘Nothing in this policy (except Clause 9) affectsany requirements under another Act to obtain an approval, licence or permit for orconcurrence to any development of a kind specified in Part 3. Examples of such Actsimposing such requirements include the Fisheries Management Act, 1994, Forestry Act1916, Heritage Act 1977, Mine Subsidence Compensation Act 1961, Mining Act 1992,National Parks and Wildlife Act 1974, Protection of the Environment Operations Act 1997,Roads Act 1993, Rural Fires Act 1997 and Water Management Act 2000’.State Environmental Planning Policy No. 35 – Maintenance <strong>Dredging</strong> of Tidal Waterways(SEPP 35), which previously applied to the proposed <strong>Manly</strong> <strong>Lagoon</strong> <strong>Dredging</strong>, was repealedby Schedule 4 to SEPP (Infrastructure) with effect from 1 January 2008.Section 128(b) of SEPP (Infrastructure) states that instream management or dredging torehabilitate aquatic habitat or to maintain or restore environmental flows or tidal flows forecological purposes is included in the definition of waterway or foreshore managementactivities. Section 129(1) states that development for the purpose of waterway or foreshoremanagement activities may be carried out by or on behalf of a public authority withoutconsent on any land. Therefore the proposal for dredging and dewatering on Nolan Reservecan be assessed under Part 5 of the EP&A Act and development consent under Part 4 of theEP&A Act for the proposed works is not required.Part 2 of the SEPP (Infrastructure) contains provisions for public authorities to consult withlocal councils and other public authorities prior to the commencement of certain types ofdevelopment. SEPP (Infrastructure) details the consultation and environmental assessmentcategories required for infrastructure developments. The consultation associated with theproposed works is discussed in Section 3.2 and the environmental assessment undertakenis discussed in Section 5.State Environmental Planning Policy No. 71 – Coastal ProtectionState Environmental Planning Policy No. 71 – Coastal Protection (SEPP 71) aims to ensuredevelopment assists in protecting, preserving and managing the coast of <strong>NSW</strong>. This Policyrequires certain development applications to carry out development in ‘sensitive coastallocations’ to be referred to the Director-General of the Department of Planning (DoP) forcomment. <strong>Manly</strong> <strong>Lagoon</strong> is listed as a sensitive coastal location under Schedule 1.2 July 2010 Cardno (<strong>NSW</strong>/ACT) Pty Ltd 30H:\Doc\2010\Reports.2010\Rep2580v4.doc
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