Lane Cove Tunnel - Consolidated Approval PDF
Lane Cove Tunnel - Consolidated Approval PDF
Lane Cove Tunnel - Consolidated Approval PDF
SCHEDULE 1
CONDITIONS OF APPROVAL
(INCLUDES MODIFICATIONS 1, 2, 3 & 4)
Contents
(b) action taken and/or proposed to implement the recommendations made in terms of
approvals and/or studies.
The Minister’s resolution of the disagreement shall be final and binding on all parties. Nothing in
this condition shall prevent, limit or restrict any statutory requirements under any legislation.
9. Prior to the commencement of construction, the Proponent shall establish and publicise a 24
hour toll-free complaints contact telephone number. The aim of the complaints line is to enable
any member of the general public to reach a person who can arrange appropriate
response/corrective action to the complaint within two hours during all times construction
activities occur.
10. The Proponent shall record details of all complaints received during construction and ensure that
at least a verbal response on the action(s) to be taken is provided to the complainant within 2
hours during all times construction activities occur (unless the complainant agrees otherwise)
and a detailed written response within seven (7) calendar days. Information on all complaints
received and response times shall be made available to the EMR daily and on request to the
Director-General and relevant government agencies. The Proponent shall nominate an
appropriate person(s) to receive, log, track and respond to complaints within the specified
timeframe. The name and contact details of this person(s) shall be provided to the relevant
Council(s), the Director-General and relevant agencies upon appointment and at least one week
prior to the commencement of substantial construction or upon any changes to the appointment.
Communication and Consultation
Advertisement of Activities
11. As soon as practicable from the date of this approval, the Proponent shall inform all relevant
residents and businesses by way of brochure of any physical changes to the concept design of
the Project made since the exhibition of the PAR including the potential locations of the air intake
and changes a the intersection with Willoughby Road
At least one month prior to substantial construction the Proponent shall inform all relevant
residents and businesses of the final location for air intakes or physical changes to the Project.
12. Prior to the commencement of construction, and then at three-monthly intervals, the Proponent
shall advertise in relevant local newspapers, the nature of works proposed for the forthcoming
three (3) months, the areas in which these works are proposed to occur, the hours of operation
and a contact telephone number.
The Proponent shall ensure that the local community, businesses and public transport operators
are kept informed (by appropriate means such as: local newsletters, leaflets, newspaper
advertisements, community notice boards and the Project internet site to be established in
accordance with Condition 13 of the progress of the Project, including any traffic disruptions and
controls, construction of temporary detours and work required outside the standard construction
hours, including noisy works, prior to such works being undertaken.
13. The Proponent shall establish a Project internet site prior to the commencement of construction
and maintain the internet site until at least 12 months after commencement of operation of the
Project or as long as required for updating operational air quality and traffic monitoring results.
The internet site shall as a minimum contain monthly work progress and consultation activities
updates, including but not limited to:
(a) a description of relevant approval authorities and their areas of responsibility;
(b) a list of environmental management reports that are publicly available and the executive
summaries of those reports;
(c) minutes of Community Liaison Group(s) meetings (refer to Condition 14);
(d) bi-monthly newsletters consistent with Condition 12;
(f) provision for the Proponent's attendance and participation in all groups and public meetings
forming part of the Community Involvement Plan; and
(g) the provision of training for all employees and sub-contractors on the requirements of the
Community Involvement Plan.
15A. The Proponent must prepare and implement a detailed Community Notification Strategy to
provide information to road users, including motorists, pedestrians and cyclists, on the timing of
the implementation of project elements.
Environmental Management Plan (EMP), Sub Plans or Construction Method Statements (CMSs).
Environmental Management System
19. The Proponent shall appoint construction and/or operation head contractors (the Company) that
have an Environmental Management System prepared in accordance with the AS/NZS ISO
14000 series or BS7750-1994 certified by an accredited certifier and/or have a proven
environmental management performance record.
Construction Framework Environmental Management Plan
20. At least one (1) month prior to the commencement of substantial construction, a Construction
Framework Environmental Management Plan (EMP) shall be prepared, following consultation
with the EPA, DoH, DLWC, STA, relevant councils and all relevant utility/service providers. The
Construction Framework EMP shall be prepared in accordance with the conditions of this
approval, all relevant Acts and Regulations and accepted best practice management Sub Plans.
The Construction Framework EMP shall require approval by the Director-General prior to the
commencement of substantial construction or within such time as otherwise agreed to by the
Director-General. The Construction Framework EMP shall be certified by the EMR as being in
accordance with these Conditions of Approval and all undertakings made in the EIS and
Representations Report, prior to seeking the approval of the Director-General.
Note: The Director-General shall provide a response to the Construction Framework EMP within one (1) month
of receipt of all relevant information from the Proponent assuming receipt of adequate and sufficient
information. If a request is made by the Director-General for additional information, the period of time
that elapses between the date on which the Proponent receives the request and the date on which the
additional information is provided to the Director-General shall not be taken into account in the 1 month
period referred to.
The Construction Framework EMP shall include, but not be limited to:
(a) reference and proposed timeframes for all Sub Plans required under this Approval;
(b) the role of the EMR;
(c) details of the ICLR and interaction of the EMP with the Community Involvement Plan
required in Condition 15;
(d) definition of the role, responsibility, authority, accountability and reporting of personnel
relevant to compliance with the Construction Framework EMP;
(e) a matrix of Construction Method Statements (CMSs) required to construct the Project,
including an assessment of the predicted level of environmental risk and potential level of
community concern posed by each CMS and indicative timeframes for completion; and,
(f) propose a response timeframe for all CMSs to be approved by the Director-General.
The Construction Framework EMP shall be made available to any member of the public upon
request.
Construction Method Statements
21. The Proponent shall prepare Construction Method Statements (CMS) in accordance with the
Construction Framework EMP required by Condition 20 and in consultation with relevant
government agencies and CLGs. The Director-General shall nominate the CMSs that shall be
submitted by the Proponent for approval. Those CMSs not requiring the Director-General’s
approval shall require the certification of the EMR as being in accordance with the Conditions of
Approval and all undertakings made in the EIS and Representations Report. Any CMS to be
approved by the Director-General shall be submitted to the Department following certification by
the EMR and no less than one (1) month prior to the proposed commencement of the relevant
construction activities.
Each CMS shall include, but not be limited to:
(a) construction activities and processes associated with the relevant construction site(s),
including staging and timing of the proposed works;
(b) specific hours of operation for all key elements including off-site movements;
(c) specific environmental management objectives and strategies for the main environmental
system elements and include as applicable, but not be limited to: noise and vibration; air
quality; water quality; erosion and sedimentation; access and traffic including public transport
changes; property acquisition and/or adjustments; indigenous and non indigenous heritage;
groundwater; acid sulfate soils, spoil stockpiling and disposal; waste/resource management;
weed management; flooding and stormwater control; geotechnical issues; visual screening,
landscaping and rehabilitation; hazards and risks; energy use, resource use and recycling;
and utilities; and
(d) address, but not be limited to:
(i) identification of the statutory and other obligations which the Proponent is required to
fulfil during Project construction, including all approvals and consultations/agreements
required from other authorities and stakeholders, and key legislation and policies
which control the Proponent’s construction of the Project;
(ii) measures to avoid and/or control the occurrence of environmental impacts;
(iii) measures (where practicable and cost effective) to provide positive environmental
offsets to unavoidable environmental impacts;
(iv) definition of the role, responsibility, authority, accountability and reporting of personnel
relevant to compliance with the CMS;
(v) site specific environmental management techniques and processes for all construction
processes which are important for the quality of the environment in respect of
permanent and/or temporary works;
(vi) site specific monitoring, inspection and test plans for all activities and environmental
qualities which are important to the environmental management of the Project,
including performance criteria, tests, and protocols (e.g. frequency and location);
(vii) identification of affected residents and consultation/notification requirements;
(viii) locational details of important elements such as temporary noise barriers;
sedimentation basins and facilities; detention basins; portable offices and amenities;
truck, plant and materials storage; access locations; provision of site hoardings etc;
(ix) environmental management instructions for all complex environmental control
processes which do not follow common practice or where the absence of such
instructions could be potentially detrimental to the environment;
(x) steps the Proponent intends to take to ensure that all Plans and Sub Plans are being
complied with;
(xi) consultation requirements with relevant government agencies; and
Construction Stage
28. The Proponent shall ensure that access to all properties is maintained during construction and
following opening of the Project to traffic. The Proponent shall ensure that any access affected
by the Project is reinstated to an equivalent standard or that adequate compensation is
negotiated with the relevant landowner(s).
29. The Proponent shall prepare a Framework Construction Traffic Management Plan for overall
traffic arrangements during the full construction period. The Plan shall include, with respect to
the Project as a whole:
(a) cumulative impacts of multiple construction sites and other major construction including the
Parramatta Rail Link;
(b) measures to manage traffic flows through and surrounding the Project and spoil disposal
sites, including regulatory and direction signposting, line marking and variable message
signs; and
(c) identify any mitigation measures to improve the efficiency of traffic conditions.
The Plan shall take into account both local and regional traffic impacts and shall at all stages
maintain existing priority and running times to public transport, bicycles and pedestrian
movements. The Plan shall be prepared by an experienced traffic/transport planner in
consultation with the TNSW, PTC, STA, relevant councils and shall be approved by the RTA
(Transport Management Centre) prior to substantial construction commencement.
30. The Proponent shall prepare individual Traffic Management Plans (TMPs) for each construction
site in accordance with the Framework Construction Traffic Management Plan required by
Condition 29 and in consultation with relevant local councils and other agencies, prior to
commencement of substantial construction affecting that area. The individual TMPs shall be
incorporated into the relevant Construction Method Statements required under Condition 21.
The individual TMPs shall include, but not be limited to:
(a) impacts on all existing traffic (including pedestrians, public transport, vehicles, cyclists and
disabled persons), including the staging of construction works to minimise road closures and
delay or detours to traffic;
(b) access to construction sites and site compounds, including minimising the disruption from
construction vehicles entering and leaving construction sites and site compounds;
(c) provision of staff parking within compounds wherever possible;
(d) any changes to existing number and width of traffic lanes;
(e) maximum and average truck volumes and expected hourly distribution;
(f) truck ingress and egress routes;
(g) entry/exit locations;
(h) nature of loads and materials;
(i) road safety audits for all construction access routes;
(j) temporary traffic arrangements, including the identification and advertisement of alternative
routes;
(k) minimise heavy vehicle queuing and parking on public roads during standard construction
hours and no queuing or parking outside standard construction hours as defined in Condition
61;
(l) provision of barriers between working and trafficked areas;
(m) the impact on pedestrian and bicycle facilities, including measures to ensure safe pedestrian
and cycle routes and access at all times, and the provision of alternative facilities and
locations for pedestrians and cyclists;
(n) the provision of safe and convenient access to all bus stops;
(o) signposting;
35. The Proponent shall monitor morning and evening peak hour traffic levels for a period of one (1)
week (outside of school holiday periods), six (6) months after the completion of the Stage 2
Works and then every two (2) years for ten (10) years or for a shorter period as agreed to by the
Director-General should monitoring indicate traffic levels close to those predicted. The
monitoring shall occur across the western and eastern screenlines, as defined in Working Paper
4 of the EIS, and in the Lane Cove Tunnel. The results of this monitoring shall be compared to
levels predicted in the model used for the EIS and forwarded to the Department and PTC within
one (1) month of monitoring and made publicly available.
36. Should the monitoring required as part of Condition 35 indicate substantial change to the EIS
predicted regional traffic flows, the Proponent shall take appropriate measures to address the
resulting impacts where such impacts are substantially attributable to the Project.
Note: The intention of Conditions 35 and 36 is to ensure that the key project objectives are met and are not
significantly reduced through induced traffic.
Local Traffic
37. The Proponent shall prepare a Local Area Traffic Management (LATM) Plan(s) at least six (6)
months prior to the opening of the Project to traffic for the approval of the Director-General. The
LATM Plan shall be prepared in consultation with the TNSW, STA, NSW Police, Emergency
Services, relevant local Councils (including traffic management committees), bicycle groups and
affected communities and businesses. The objectives of the LATM Plan shall be to:
(a) Identify reasonable measures to mitigate the impact of significant increases in traffic on local
roads that result from the operation of the Lane Cove Tunnel. The LATM shall particularly
address the following areas, as identified in EIS Working Paper 4:
(i) Lane Cove including Mowbray Road West and Centennial Avenue north;
(ii) North Ryde including Pittwater Road, Badajoz Road and Wicks Road;
(iii) Artarmon, including Reserve Road, Jersey Road, Hampden Road and Barton Road, and
(iv) Crows Nest and St Leonards including key connecting roads to the Pacific Highway.
(b) Identify reasonable measures to maintain and enhance the benefits of significant reductions
in traffic volumes on Mowbray Road West and other local roads directly influenced by the
opening of the Project. These measures may be designed to benefit all road users, including
pedestrians, cyclists, public transport as well as general traffic.
The installation of the identified measures shall be fully funded by the Proponent.
38. Prior to the operator collecting any toll, the Proponent shall have in place, to the greatest extent
practicable, an implementation program for the necessary LATM measures referred to in
Condition 37. Despite the above, the implementation of such measures including any associated
construction works shall be fully completed within 12 months of commencement of toll collection.
Any extension of time for the full implementation of the LATM Plan shall specifically require the
approval of the Director-General following consultation by the Proponent with the relevant local
councils.
39. The Proponent shall undertake Road Safety Audits during both detailed design of the Project and
prior to opening (i.e. 2 audits).
(d) establishment of a protocol for handling dust complaints that includes recording, reporting
and acting on complaints; and
(e) a reactive management program detailing how and when operations are to be modified to
minimise the potential for dust emissions, should emission levels exceed the criteria.
Except in the case of Moore Street, as specified in Conditions 250 and 251, the maximum
acceptable increase over existing dust deposition is 2 g/m2/month annual average. Monitoring
shall be carried out during the construction phase of the Project to assess compliance with goals
for dust concentration and deposition rates.
45. Prior to substantial construction commencing, dust sensitive land uses/industries shall be
identified and consulted and mitigation measures implemented in accordance with Construction
Dust Management Sub Plan. Background monitoring of dust and TSP shall be undertaken prior
to commencement of substantial construction.
46. The Proponent shall undertake a regular dust monitoring program in accordance with the
Construction Dust Management Sub Plan.
47. Wheel wash facilities or equivalent shall be constructed at exit points of all unsealed construction
sites/compounds to ensure that any vehicles leaving the sites do not track materials onto public
roads.
48. No open burning or incineration shall be permitted at any construction site.
Public Transport Enhancement Measures
49. Three (3) months prior to substantial construction the Proponent shall establish a Lane Cove
Tunnel Public Transport Committee (PTC) to be chaired by TNSW.
The PTC shall invite representatives from, but not limited to, the RTA, NSW Police Service, STA,
relevant private bus operators and TNSW. The PTC shall also consult with the relevant
council(s).
The Proponent shall provide appropriate financial and administrative assistance to ensure
appropriate resourcing of the PTC and the implementation of any measures as determined by
the PTC.
The PTC shall continue for at least two (2) years after the opening of the Project unless
otherwise agreed by the Director-General. Prior to the dissolution of the PTC, the Proponent in
consultation with the TNSW shall identify the appropriate transfer of its function.
The key role of the PTC shall be to:
(a) co-ordinate the concerns and interests of the local and state road-based public transport
agencies relating to the Project;
(b) ensure adverse impacts of the construction and operation of the Project on public transport
are minimised;
(c) develop plans and strategies for maximising short and long term public transport
opportunities during construction and operation within the study area, including but not
limited to:
(i) information programs for the public and affected businesses;
(ii) public transport improvements beyond those already identified as part of these
Conditions of Approval but related to the Project, including but not limited to:
− bus signals;
− bus priority lanes;
− enhanced bus services;
(iii) giving due consideration to pedestrians and cyclists and other users of the study area;
and
(d) ensure that any plans and strategies are implemented to ensure that potential benefits to
public transport are captured and maintained throughout the construction and operational life
of the project.
50. The PTC shall consider the following specific matters as they relate to the study area:
(a) oversee provision of bus priority measures proposed by the RTA in the EIS and
Representations Report ;
(b) assessment of the potential bus stop requirements on the Gore Hill Freeway (to provide
access to the Artarmon Industrial Area);
(c) bus priority measures on Falcon Street, east of Pacific Highway;
(d) pedestrian access across Epping Road to Delhi Road;
(e) potential for bus priority measures at Pittwater Road, Longueville Road to the Pacific
Highway southbound and from Epping Road to Mowbray Road West;
(f) appropriate signage and marking of proposed bus lanes ;
(g) bus and transit lane enforcement measures;
(h) further opportunities for improved bus priority on the Pacific Highway including rationalisation
of ‘S’ lane extensions to proposed bus lanes, need for parking restrictions and treatment of
right turns;
(i) review the effectiveness of the T2 lane on the Gore Hill Freeway with a view to upgrading to
T3 or bus lanes at 6 months after implementation of the transit lanes and every two years
thereafter for ten years; and
(j) potential for real time bus information at bus stops.
51. The Proponent shall prepare an annual report to the Director-General on the progress and
outcomes of the PTC process, including result of communications with relevant local Council(s)
and the application of these Conditions of Approval and shall make the report available to the
public upon request. The PTC shall take into account any comments/requirements raised by the
Director-General.
52. The Proponent shall, in consultation with the PTC, develop measurable performance indicators
for bus efficiencies (including consideration of bus timetables), occurring as a result of the Project
taking into account existing performance and predictions made in the EIS and Representations
Report.
53. The Proponent shall, in consultation with the PTC, monitor and review bus performance against
the indicators developed in Condition 52 (including bus timetables) at six (6) months after the
completion of the Stage 2 Works, then after one (1) and two (2) years of implementation of the
bus lanes referred to in Condition 212 for key bus services and routes. The monitoring shall
include bus services using the Gore Hill Freeway, Epping Road, Pacific Highway and Willoughby
Road. The results of the monitoring shall be forwarded to the Director-General. If bus
performance does not meet the indicator targets, the Proponent shall initiate, at its own expense,
any actions as reasonably required by the PTC or TNSW.
54. Prior to the commencement of substantial construction, a Construction Stage Public Transport
Management Plan(s) shall be prepared as part of the Framework Traffic Management Plan in
consultation with the STA, and private bus operators and to the satisfaction of the PTC. The
Plan shall address the potential impact of construction activities on public transport. The
objective of the Plan shall be to achieve at least pre-construction level of service for buses and
high occupancy vehicles.
Toll
55. A tolling system shall be implemented which:
(a) is compatible with the existing standard for electronic tolling adopted throughout Sydney and
Australia; and
(b) makes adequate provision for casual users.
The Proponent shall install appropriate signs to indicate the toll to be charged for the Tunnel and
Falcon Street ramps. These signs shall be placed to allow a motorist to choose an alternative to
using the Tunnel and/or Falcon Street ramps after having been advised through the sign(s)
referred to above.
56. All buses (including school buses) providing scheduled public passenger transport services,
emergency service vehicles responding to emergencies and bicycles shall be exempt from all
Project tolls.
Note: The intent of this condition is to ensure that local and regional passenger services, including State Transit
Authority services and those provided by private bus operators, providing public transport services are not
required to pay the toll. This condition is not intended to include long haul intra and interstate coach services.
Refer to the Passenger Transport Act 1990 for definitions.
(k) construction timetabling, in particular works outside standard hours, to minimise noise
impacts;
(l) procedures for notifying residents of construction activities likely to affect their noise and
vibration amenity;
(m) contingency plans to be implemented in the event of non-compliances and/or noise
complaints; and
(n) the urban design issues relating to noise and vibration control measures.
With respect to (d) above, the Proponent shall consider the use of a range of structural and non-
structural measures during construction including barriers, acoustic treatment of residences,
scheduling of construction activities to minimise impacts and temporary relocation of affected
residents.
Construction Noise Impact Statements
58. Specific Construction Noise Impact Statements shall be prepared in consultation with relevant
government agencies, relevant Councils, CLGs for specific stages of construction consistent with
the Construction Noise and Vibration Management Sub Plan and the relevant CMS and shall
specifically address each of the major construction sites. The statements shall include:
(a) a description of the proposed processes and activities;
(b) assessment of potential noise from the proposed construction methods including noise from
construction vehicles and noise impacts from required traffic diversions;
(c) examination of alternative methods that would potentially reduce noise if the potential noise
exceeds the relevant criteria;
(d) description and commitment to work practices which limit noise;
(e) description of specific noise mitigation treatments and time restrictions including respite
periods, duration, and frequency (where possible programming of night works over
consecutive nights in the same locality shall be avoided);
(f) justification for any activities outside the normal hours specified in Condition of Approval 61;
(g) extent of noise monitoring;
(h) internal noise audit systems including recording of daily hours of construction, progressive
impact assessments as work proceeds, conducting informal checks by the EMR, providing
active and continuous communication links to relevant Councils, residents etc.;
(i) community consultation and notification;
(j) all feasible measures including adopting the least noisy available construction methods,
systems and equipment;
(k) assessment and examination of potential feasible offsite mitigation measures for traffic noise;
and,
(l) additional noise mitigation measures as negotiated with affected residents and other
sensitive receptors.
(c) predicted noise levels at all affected residential, recreational, commercial and industrial land
uses;
(d) location, type and timing of erection of permanent noise barriers and/or other noise mitigation
measures demonstrating all reasonable and feasible noise mitigation including silencers and
building treatments for associated plant rooms and enclosures for exposed plant;
(e) specific physical and managerial measures for controlling noise;
(f) noise monitoring, reporting and response procedures including the monitoring on
surrounding roads which experience significantly increased traffic volumes as a result of the
Project; and
(g) the urban design issues relating to noise control measures.
60. Monitoring of operational noise shall be undertaken in accordance with the Operational Noise
Management Sub Plan prepared in accordance with Condition 59. The Proponent shall, to the
satisfaction of the Director-General and in consultation with the EPA, assess the adequacy of the
traffic noise and ventilation noise mitigation measures six (6) months after the completion of the
Stage 2 Works and having regard to the criteria specified in the Operational Noise Management
Sub Plan. Should assessment indicate a clear trend in traffic noise levels on surrounding roads
which exceed the Operational Noise Management Sub Plan defined noise design goals prepared
in accordance with the RTA’s Environmental Noise Control Manual, the Proponent shall
implement further reasonable and feasible mitigation measures in consultation with affected
landowners and/or occupiers.
Construction Hours
61. All construction activities, including transportation of spoil, shall be restricted to the hours of 7:00
am to 6:00 pm (Monday to Friday); 8:00 am to 1:00 pm (Saturday) and at no time on Sundays
and public holidays.
Works outside these hours that may be permitted except as explicitly specified in other
conditions include:
(a) any works which do not cause noise emissions to be audible at any sensitive receptor;
(b) the delivery of materials which is required outside these hours as requested by Police or
other authorities for safety reasons;
(c) emergency work to avoid the loss of lives, property and/or to prevent environmental harm;
(d) tunnel excavation and other sub-surface activities providing the criteria in Conditions 58 and
62, and regenerated noise criteria in Condition 186 can be met; and
(e) any other work as agreed by the EPA through licence conditions, the Construction Noise and
Vibration Management Sub Plan or Construction Noise Impact Statement process provided
local residents are informed of the timing and duration at least 48 hours prior to
commencement of the work.
Construction Noise Criteria – General
62. Without limiting any specific site requirements as specified elsewhere in these Conditions of
Approval, the Proponent shall ensure that noise from construction activities is limited such that
the LA10(15 min) level does not exceed the background level by more than 5dB(A) at any residence
or other sensitive receiver unless specified in the Construction Noise Impact Statement prepared
in accordance with Condition 58.
For the purposes of the noise criteria for this condition, 5dB(A) must be added to the measured
level if the noise from the activity is substantially tonal or impulsive in nature in accordance with
Chapter 4 of the NSW Industrial Noise Policy.
64. Construction noise levels shall be monitored to verify compliance with the Construction Noise
and Vibration Management Sub Plan and Construction Noise Impact Statements. Should
monitoring indicate exceedances of the criteria stated in the Construction Noise Impact
Statements, the Proponent shall implement all reasonable and feasible mitigation measures in
accordance with the Construction Noise and Vibration Management Sub Plan.
65. The Proponent shall ensure that rock breaking, rock hammering, sheet piling, pile driving and
any other activities which result in impulsive or tonal noise generation are only scheduled
between the following hours unless otherwise permitted under the EPA environment protection
licence:
(a) 8 am to 12 pm, Monday to Friday;
(b) 2 pm to 5 pm Monday to Friday; and
(c) 8 am to 12 pm Saturday.
Where these activities are undertaken for a continuous three (3) hour period and are audible to
noise sensitive receptors, a minimum respite period of at least one (1) hour shall be scheduled
before activities recommence.
66. The Proponent shall ensure that no public address systems are used at any construction sites
outside the standard working hours detailed in Condition 61. Any public address system shall be
designed to minimise noise spillage off the site. Speakers shall be installed with their pointing
axis directed away from residential buildings and sensitive receptors unless otherwise specified
in the Construction Noise Impact Statement referred to in Condition 58.
67. The Proponent shall consult with relevant Council(s) and where practicable, erect operational
noise mitigation measures prior to the commencement of substantial construction in order to
minimise noise impacts during construction.
68. The Proponent shall use only dampened rock hammers and/or “city” rock hammers to minimise
the impacts associated with rock-breaking works.
69. The Proponent shall investigate and apply all feasible noise source controls to reduce noise from
all plant and equipment including bulldozers, cranes, graders, excavators and trucks. Examples
of appropriate noise source controls could include efficient silencers, low noise mufflers and
alternatives to reversing alarms.
70. The Proponent shall ensure that the noisiest activities associated with night time works are
scheduled wherever possible to be completed before midnight.
(a) all buildings/ structures on solid rock within 50 metres of the construction works or within a
plan distance equal to twice the invert depth from the edge of the tunnel and/or excavation
works unless otherwise determined following geotechnical and vibration analysis as certified
by a qualified geotechnical engineer as not likely to be adversely affected; and
(b) any heritage buildings as identified in the Heritage and Archaeology Management Sub Plan
required by Condition 100 or other sensitive structures within 100 metres from the edge of
the tunnel and/or excavation works unless otherwise determined following geotechnical and
vibration analysis as certified by a qualified geotechnical engineer as not likely to be
adversely affected.
79. The Proponent shall advise all property owners of buildings to be surveyed, as defined in
Condition 78, what the survey will entail and of the process for making a claim regarding property
damage prior the commencement of building condition surveys. A copy of the survey shall be
given to each affected owner. A register of all properties surveyed shall be maintained by the
Proponent and provided to the Director-General upon request.
Construction
80. Prior to substantial construction commencement, the Proponent shall establish an Independent
Property Impact Assessment Panel to be approved by the Director-General. Either the affected
property owner or the Proponent may refer any unresolved disputes arising from potential and/or
actual property impacts to the Panel for resolution. All costs incurred in establishing and
implementing the Panel shall be borne by the Proponent.
81. Prior to the placement of appropriate temporary soil anchors and/or permanent rock anchors, the
Proponent shall notify all affected property owners of the need for placement of temporary soil
anchors and shall provide sufficient detail to determine the precise location of such anchors
relative to existing buildings. The Proponent shall instigate, if necessary, adjustments to
construction methods at no cost to the property owner, to ensure that the placement of any
temporary soil anchors or any other such construction stage measure does not impose any
restrictions on development (existing or proposed) unless otherwise agreed to by the landowner
or where acquisition of easement(s) is undertaken in accordance with the Land Acquisition (Just
Terms) Compensation Act 1991.
82. All temporary soil anchors shall be disconnected and made obsolete as soon as practicable after
tunnel construction is completed.
83. Any damage to buildings, structures, lawns, trees, sheds, gardens, bus stops etc. caused by
construction activities shall be fully rectified by the Proponent at no cost to the owner(s).
84. Construction activities undertaken within private property shall be sympathetic to the specific
needs of individual property owners particularly in terms of requirements for temporary facilities
such as fencing, access to footpaths/ driveways/garages etc.
85. Each construction compound shall be reinstated to at least its pre-construction state following
completion of construction works for which an individual compound associated with that site are
completed. Rehabilitation shall be in accordance with the Framework Urban Design and
Landscape Management Plan and any relevant Sub Plans required in accordance with
Conditions 86 and 87. Site decommissioning shall include removal of any temporary fencing or
temporary noise barriers, construction access and wheel washes etc. not required for safety or
any other operational aspect of the Project.
87. Detailed Urban Design and Landscape Sub Plans shall be prepared by a qualified urban
designer, at least one (1) month prior to commencement of substantial construction, or as
otherwise agreed by the Director-General, to the satisfaction of the Director-General, for the
following sections of the Project:
(a) Epping Road between the western side of the Lane Cove River to Wicks Road;
(b) Western portal and Epping Road between the western side of the Lane Cove River and west
of Mowbray Road West, including the western tunnel portal;
(c) Epping Road/Longueville Road between Mowbray Road West and the Pacific Highway,
including the bus interchange;
(d) Gore Hill Freeway between the Pacific Highway and Reserve Road, including the eastern
tunnel portal;
(e) Pacific Highway between Norton Lane and Hotham Road, including the entry and exit ramps
and portals;
(f) Gore Hill Freeway between Reserve Road and Meremburn Road, including Willoughby Road
underpass with particular reference to the pedestrian/cycleway;
(g) Falcon Street ramps and cantilever pedestrian pathway; and
(h) ventilation stacks, tunnel control facilities and associated infrastructure.
Each Sub Plan shall include consideration of the following (as relevant) in accordance with the
Framework Urban Design and Landscape Plan:
(i) built elements including tunnel portals, bridges and other structures, retaining walls,
noise walls, toll infrastructure, control buildings, substations;
(ii) motorway and road furniture including safety barriers, kerbs, paving, signage, lighting,
medians, emergency phones and breakdown facilities;
(iii) pedestrian and cycle elements including footpaths and paving, pedestrian crossings,
street furniture and fixtures (i.e. tree guards, seating, lighting, fencing and signage);
(iv) landscape elements including proposed treatments, finishes and materials of exposed
surfaces (including colour specifications and samples);
(v) proposals for community art to be integrated into the Project;
(vi) timing and staging of works, methodology, monitoring and maintenance; and
(vii) impacts on bus stop operations and passenger access.
The Sub Plan(s) shall consist of a report with accompanying annotated plans, sections and
perspective sketches, photo montages and other illustrative material at a scale and level of detail
which is adequate to convey the specific aspects of the Project as required.
Specific Urban Design Aspects
88. Where practicable, directional signs for the Project shall be accommodated on existing signage.
89. No advertising shall be permitted within the lease area for the Project during construction or
operation except at bus stops.
90. A report shall be prepared during detailed design which investigates the location for electronic
tolling facilities for both the tunnel and Falcon Street ramps and the use of variable messaging
signage for the complete Project. The report shall consider the location, integration, visual
impact, urban design features and installation of such facilities and be submitted to the Director-
General for approval.
Flora and Fauna
Pre-Construction
91. A detailed Tree Protection Plan shall be prepared to manage construction impacts on any
existing trees, including those to be retained with particular regard to Turrumbarra Park and
Tantallon Oval and the proposed Moore Street Compound. This plan shall identify any
significant trees, based on species or age/size which may be affected during construction and
detail appropriate management and impact mitigation measures. Measures to be considered
shall include, but not be limited to, fencing, ongoing maintenance, pruning, tree relocation etc.
92. Construction footprints at each construction site and compound shall be surveyed and marked
using poly-web fencing or other such measures, prior to the commencement of vegetation
clearing. Vegetation clearing shall be limited to within the surveyed construction footprint. No
access to construction equipment or personnel shall be permitted outside the surveyed area(s).
Fencing (or other alternative measures) shall remain in place until the risk of accidental clearing
from construction activity is removed.
93. Cleared vegetation must be reused or recycled on site to the greatest extent practicable.
Alternative reuse opportunities shall be sought where material is not required for reuse within the
Project and included in the Flora and Fauna Management Sub-Plan as required in Condition 95.
No burning of cleared vegetation shall be permitted.
94. Wherever possible, seed of locally native species shall be collected prior to the commencement
and/or during construction to provide seed stock for revegetation purposes to the satisfaction of a
qualified bushland regenerator. The bushland regenerator shall be used to advise the Proponent
on the degree of weed infestation and the suitability of topsoil for regeneration. Where weed
infestation deems topsoil unsuitable for regeneration, the material shall be disposed of in an
appropriate manner in accordance with the Spoil Management Sub Plan in Condition 120 and be
outlined in the Flora and Fauna Management Sub Plan referred to in Condition 95.
95. As part of the Framework Construction EMP, the Proponent shall prepare a detailed Flora and
Fauna Management Sub Plan in consultation with the DLWC and NPWS, with particular
reference to areas proximal to Lane Cove National Park. The Sub Plan shall be prepared prior to
substantial construction and shall include but not be limited to:
(a) requirements for seed collection;
(b) strategies for minimising vegetation clearance and protection of vegetated areas outside the
direct impact zone;
(c) maps identifying all native vegetation clearing associated with all construction works
(d) handling of any fauna;
(e) controlling impacts due to spills, spread of debris and refuse;
(f) movement and storage of materials and equipment,
(g) maps and strategies outlining rehabilitation and revegetation plans for disturbed/cleared
areas;
(h) weed control within the construction site(s) and managing spread of weeds to other areas;
and
(i) ongoing maintenance.
Construction
96. A suitably qualified tree surgeon or arborist shall be present for the duration of excavation works
within the vicinity of any significant trees as identified in the Tree Protection Plan required under
Condition 91 that are not to be removed or relocated and to undertake any root pruning required.
The Proponent shall ensure that the condition of any affected trees is monitored throughout the
construction period and for 18 months after opening of the Project to traffic. Any measures
necessary to ensure the survival of the trees (e.g. fencing, watering, fertilising) shall be
undertaken by a suitably qualified person in accordance with the recommendations of the Tree
Protection Plan.
97. Maintenance of all landscaping works provided under the Urban Design and Landscape Plan
referred to in Condition 86 and 87 (including the health of all trees) shall be provided for at least
two (2) years from the date of opening of the Project to traffic unless alternative arrangements
are negotiated with the relevant Council(s).
98. The Proponent shall consult with the relevant council(s)/landowners regarding replacement of
any trees identified in the Tree Protection Plan (Condition 91) that are lost due to either direct or
indirect impacts during construction or within 18 months of opening of the Project to traffic.
Where practicable, replacements shall be specimens of similar species and similar maturity
unless otherwise agreed with the relevant Council(s)/landholder.
99. If, during the course of construction (including vegetation clearing) the Proponent becomes
aware of the presence of any threatened flora and fauna species which are likely to be
significantly affected, the Proponent shall immediately cease those construction activities that are
likely to affect the threatened species and consult with the DoP, NPWS and/or NSW Fisheries as
appropriate. Following this consultation, the Proponent shall meet all requirements as directed
by the Director-General prior to recommencement of any works likely to affect any threatened
species.
Indigenous and Non-Indigenous Heritage
100. As part of the Construction Framework and Operational EMPs, the Proponent shall prepare and
implement a Heritage and Archaeology Management Sub Plan in consultation with the, NSW
Heritage Office and relevant Councils to manage heritage items and archaeological resources
located within the area affected by the Project. The Sub Plan shall include:
(a) an assessment of the significance of effects on heritage and archaeological items including
demolition, relocation, removal, damage and physical intrusion into conservation areas;
101. A suitably qualified archaeologist and a representative of the Metropolitan Local Aboriginal Land
Council shall be on-site during initial ground clearing and preliminary works in the vicinity of
known or potential archaeological sites.
102. During construction, temporary protective fencing shall be place around sites considered to be
archaeologically sensitive and for which Consent to Destroy Permits have not been obtained.
103. Plans of Management shall be prepared prior to construction commencement for any historically
significant items potentially affected by the Project. Any Plans of Management shall be prepared
in consultation with the relevant local Council and NSW Heritage Office.
104. If during the course of construction the Proponent becomes aware of any heritage items or
archaeological material, all work likely to affect the site(s) shall cease immediately and the
relevant authorities, including NPWS, NSW Heritage Council and/or the relevant Local Aboriginal
Land Council(s) shall be consulted to determine an appropriate course of action prior to the re-
commencement of work at that site in accordance with the requirements of the Contingency
Protocol to be prepared as part of Condition 100.
Water Management
Construction Water Management Sub Plan
105. As part of the Construction Framework EMP, a detailed Construction Water Management Sub
Plan shall be prepared following consultation with the EPA, DLWC, SWC and relevant councils.
The Sub Plan shall be prepared in accordance with the Department of Housing’s guideline
Managing Urban Stormwater – Soils and Construction (3rd edition) to manage the cumulative
impacts of the development on the quality and quantity of surface and groundwater, including
stormwater in storage, sedimentation dams and flooding impacts. The Sub Plan shall contain,
but not be limited to:
(a) preparation of a catchment analysis in consultation with the relevant Councils and Sydney
Water to determine the capacity of existing drainage systems and capacity, changes
resulting from the construction of the Project and implications of pumping load and detention
requirements;
(b) measures to handle, treat, re-use and dispose of stormwater, contaminated water and soil;
(c) measures for the use of water reclaimed or recycled on-site;
(d) detailed description of water quality monitoring to be undertaken including base line
monitoring, identification of locations where monitoring would be carried out and procedures
for analysing the degree of contamination of potentially contaminated water;
(e) contingency plans to be implemented in the event of fuel or chemical spills or turbid water
discharge from the site; and
(f) program for reporting on the effectiveness of the sediment and erosion control system
against performance goals.
106. The Proponent shall prepare a detailed Flooding and Drainage Management Sub Plan(s) as part
of the Construction Framework EMP in consultation with local councils. The Sub Plan(s) shall
address all drainage catchments affected by the construction and operation of the Project. The
objective of the Sub Plan(s) shall be to identify the measures to be implemented such that there
is no increase in inundation levels or durations in any areas sensitive to flooding at or above the
critical flood event.
Pre-Construction
107. The Proponent shall ensure that construction and operational water management systems for the
Project are designed and implemented to include the management measures identified in the
EIS and Representations Report and meet the performance objectives unless otherwise agreed
through the preparation of the Construction Water Management Sub-Plan.
108. Prior to finalisation of detailed drainage design, the Proponent shall undertake and incorporate all
required management measures into the final drainage design. As a minimum the tunnel
drainage design must provide capacity to deal with at least a 100 year ARI storm for tunnel
carriageway and ramp approaches. The Proponent shall also consider the implications of a PMF
event in accordance with the Floodplain Management Manual: the management of flood liable
land and in consultation with DLWC.
109. The Proponent shall undertake monitoring of water quality both upstream and downstream of
construction sites and compounds to determine any change attributable to construction activities.
Where there is deterioration in water quality attributable to construction activities for the Project,
the Proponent shall implement all reasonable and practicable measures to minimise impacts on
water quality.
Construction
110. The Proponent shall ensure that all appropriate soil, erosion and sediment control works are
completed and in place prior to the commencement of any works that may have the potential to
generate soil erosion or sediment.
111. All water collected during construction, including water drained from tunnel excavations (portal
entry, groundwater influx) and from dewatering of major cuts, which is likely to be contaminated
shall be tested, treated and handled consistent with any licence obtained from the EPA.
112. No disposal of water shall be allowed to the sewer or the stormwater system without prior
agreement from Sydney Water as applicable.
Soil and Water Quality Management Plan(s)
113. As part of the Construction Method Statements and Operational EMPs, detailed Soil and Water
Quality Management Plan(s) shall be prepared in consultation with the EPA, DLWC, SWC NSW
Fisheries, NPWS (where relevant), relevant catchment management trusts and Councils. The
Plan(s) shall be prepared in accordance with the Department of Housing’s guideline Managing
Urban Stormwater – Soils and Construction, 1998 (3rd Edition) and the RTA’s Guidelines for the
Control of Erosion and Sedimentation in Roadworks. The Plan(s) shall be prepared prior to
substantial construction or operation as appropriate. The Soil and Water Quality Management
Plan(s) shall contain, but not be limited to:
(a) management of the cumulative impacts of the development on the quality and quantity of
surface and groundwater, including stormwater in storage, sedimentation dams and flooding
impacts;
(b) details of short and long term measures to be employed to minimise soil erosion and the
discharge of sediment to land and/or waters including the exact locations and capacities of
sedimentation basins;
(c) identification of all potential sources of water pollution and a detailed description of the
remedial action to be taken or management systems to be implemented to minimise
emissions of these pollutants from all sources within the subject site;
(d) detailed description of water quality monitoring to be undertaken during the pre-construction,
construction and operation stages of the Project, including baseline monitoring, identification
of locations where monitoring would be carried out and procedures for analysing the degree
of contamination of potentially contaminated water;
(e) measures to handle and dispose of stormwater, effluent and contaminated water and soil
including incident management structures;
(f) a process for the disposal of water from sedimentation basins;
(g) measures for the use of water reclaimed or recycled on site; and
(h) contingency plans to be implemented in the event of fuel spills or turbid water discharge from
the site(s).
Operational Water Management
114. All operational stormwater and wastewater systems of the Project, including stormwater
drainage, erosion, sedimentation and water pollution control systems and facilities of the Project
shall be located, designed, constructed, operated and maintained to meet the requirements of
the relevant authorities including the EPA, NSW Fisheries, DLWC and relevant Councils. All
facilities including gross pollutant traps and sedimentation basins shall be inspected regularly
and maintained in a functional condition for the life of the project.
115. As part of the Operations EMP a detailed Operational Stormwater Management Sub Plan shall
be prepared in consultation with EPA, DLWC, SWC, and the relevant Councils to the satisfaction
of the Director-General. The Sub Plan shall provide details on catchment analysis (including
localised flooding as recognised by the relevant local Councils), existing drainage systems and
capacity, drainage changes resulting from the Project, potential reuse and implications for the
system including total pumping load to drainage systems, detention requirements, possible reuse
of wastewater (such as water recycling for park irrigation) and the associated environmental
impacts.
116. Provision shall be made for retention and treatment of fire water in accordance with the
Government’s Best Practice Guidelines for Contaminated Water Retention and Treatment
Systems.
Spoil and Waste Management
Spoil Disposal
117. The Proponent shall ensure that transportation of spoil (and where possible, all other
construction vehicles) is only by the routes shown in Figure 5.6 of the Director General’s Report.
118. Spoil transportation from all construction sites, except for the Marden Street compound, shall be
in accordance with the standard construction hours stated in Condition 61.
119. A detailed geotechnical/soil analysis assessment shall be undertaken during detailed design to
ascertain the quality of material to be excavated and the potential for it to be used for
construction or other such higher value purpose. The beneficial use of all excavated material
shall be in accordance with the waste hierarchy outlined in Condition 125. Disposal of spoil to
landfill shall not be permitted where other such higher value purposes are economically viable.
120. As part of the Construction Framework EMP, the Proponent shall prepare a Spoil Management
Sub Plan in consultation with Resources NSW, EPA, DoP and relevant Council(s). The Sub Plan
shall be approved by the Director-General prior to the commencement of substantial construction
at relevant sites. This Sub Plan shall address:
(a) measures to handle, stockpile, reuse and dispose of spoil;
(b) the reuse or recycling of all clean and/or treated spoil where possible, including EMR
certification that:
(i) use of spoil generated from construction activities is maximised in preference to any
import of fill; and
(ii) where practicable all clean excavated natural material is either reused on the Project or
otherwise made available for reuse elsewhere in preference to disposal to landfill
(c) spoil transport options and routes, including potential use of barge and rail;
(d) noise and local amenity;
(e) dust mitigation;
(f) drainage;
(g) contaminated material (including procedures for dealing with the unanticipated discovery of
contaminated material during the course of construction) including:
(i) disposal only to a EPA approved landfills;
(ii) integration with the Contamination Investigation Report required in Condition 122 and
waste management procedures in Condition 125;
(h) full integration with the Transport Management Plans.
The Sub Plan shall also assess the cumulative impacts and opportunities for non-road based
transport of spoil and/or reuse associated with other Projects such as the Parramatta Rail Link,
Western Sydney Orbital, South Windsor Flood Relief Route and Cross City Tunnel.
121. Prior to commencement of substantial construction at various relevant sites where spoil is to be
generated the Proponent shall ensure that Resources NSW, the EPA and any other relevant
authority are provided with spoil disposal/reuse details. The Proponent shall also assess the
environmental impacts of the disposal in accordance with the EP&A Act and obtain any
necessary approvals.
Contamination
122. The Proponent shall prepare a Contamination Investigation Report to the satisfaction of an EPA
accredited contaminated site auditor as part of the Spoil Management Sub Plan to determine the
nature, extent and degree of contamination. The Report shall detail the results of site
investigations and the assessment of potential risks posed by contaminants to health and the
environment and indicate whether remediation is required.
Should the Contamination Investigation Report indicate that remediation is necessary to reduce
or remove risks posed by contaminants in particular locations, the land shall be remediated in
accordance with a Remedial Action Plan to be incorporated into the relevant CMS(s) required by
Condition 21. The Plan(s) shall be prepared in accordance with relevant guidelines and in
consultation with relevant Council(s) and should be subject to independent review by an EPA
accredited site auditor.
123. In the event of discovering previously unidentified area(s) of potentially contaminated material,
the Proponent shall cease work in the vicinity of the discovery. Work shall not recommence until
the extent of contamination has been assessed and a Remedial Action Plan has been prepared
and implemented in accordance with Condition 122 if required.
124. Where remediation is required, the treatment options should consider and be consistent with the
ANZECC and NH&MRC site remediation hierarchy as published in the EPA’s guidelines for the
NSW Site Auditor’s Scheme.
Waste Management and Recycling
125. A detailed Waste Management and Reuse Sub Plan shall be prepared in consultation with the
EPA as part of the construction framework and operational EMPs. The Sub Plan shall address
the management of wastes during the construction and operation stages respectively. It shall be
prepared prior to substantial construction, and shall identify requirements for the waste hierarchy
as follows:
(a) waste avoidance;
(b) reduction;
(c) reuse; and
(d) recycling,
and provide details of requirements for:
(e) handling;
(f) stockpiling;
(g) waste disposal: specifically contaminated soil or water, concrete, demolition material, cleared
vegetation, oils, grease, lubricants, sanitary wastes, timber, glass, metal, etc.; and
(h) identifying final disposal site(s) for any waste material and remedial works required at the
identified disposal site(s) before accepting the material.
This Sub Plan shall include but not be limited to:
(i) management of all waste generated as part of the Project;
(ii) an outline of comprehensive plans of action for key waste streams;
(iii) implementation of the waste hierarchy by seeking to avoid waste generation as a
priority, the reuse, recycling or reprocessing of waste and, as a last resort, disposal
of waste;
(iv) the need for environmental safeguards and the adoption of environmentally
sensitive work practices to minimise waste and advance the values of ecologically
sustainable development;
(v) arrangements for waste which cannot be re-used, recycled or reprocessed to be
disposed of at a licensed waste disposal facility;
(vi) procedures for separating excavation and demolition waste and for identifying
destinations for the material;
(vii) procedures for classifying waste in accordance with the EPA’s Environmental
Guidelines: Assessment, Classification and Management of Liquid and Non-Liquid
Wastes;
(viii) installation of segregated bins for recyclable materials and provision for material to
be reused or recycled wherever possible;
(ix) except where a sewer is available, sewage discharge of from site amenities to
holding tanks for removal by tankers;
(x) the provision of rubbish skips at all construction sites and site compounds and their
regular removal or emptying;
(xi) erecting signs within construction sites and site compounds encouraging employees
to reduce, re-use, or recycle wherever possible;
(xii) the disposal of solid (including fuel and lubricant containers) and liquid wastes in
accordance with relevant guidelines;
(xiii) the disposal of chemical wastes in accordance with manufacturers’ instructions;
(xiv) appropriate induction and training of all employees and sub-contractors in the waste
hierarchy and the requirements of the Waste Management and Reuse Sub Plan;
(xv) a schedule for undertaking regular audits of waste management procedures; and
(xvi) keeping of a waste management register of all significant waste collected from
construction sites and site compounds for disposal, including amounts, date and
time and details and locations of disposal.
As part of the Sub Plan, an Action Plan shall be prepared to promote the use of recycled
materials, including construction and landscape materials. The Plan shall detail how the Project
gives consideration and support to the Government’s Waste Reduction and Purchasing Policy.
The Plan shall also include details on measures to implement energy conservation best practice.
126. Water demand for construction activities shall be kept to a minimum. The Project shall
incorporate water reduction initiatives including water reuse and recycling to the maximum extent
practicably possible.
Hazards and Risks
127. At least 6 months prior to Project opening, the proponent shall conduct a road safety audit on
Centennial Avenue between Penrose Street and Mowbray Road West. A revised preliminary
hazard analysis shall be prepared based on the results of these investigations and all
recommended measures adopted as appropriate to the satisfaction of the Director-General.
Dangerous Goods
128. The Proponent shall not store or handle a quantity of goods defined as dangerous under the
Australian Dangerous Goods Code, at any location associated with the Project, whether during
the construction or the operation of the Project. This Condition does not include diesel fuel, to
which Condition 132 applies, or the storage and use of quantities of dangerous goods within
construction or operational sites which do not exceed the threshold limits listed in the Department
of Planning’s publication ‘Applying SEPP 33’. Above ground storage should be located as far
from any site boundary as practicable. Where storage is in the vicinity of residential areas or
sensitive land uses such as retirement homes or schools, the quantities and location of goods
storage must be such that the impact of any incident will be within the site boundary.
The Proponent must ensure that dangerous goods quantities used/handled/stored within the
tunnel during construction are limited to weekly requirements.
Security and Crime
129. The final design of bus stations/stops, pedestrian and cyclist access routes and ancillary
structures of the Project shall be in accordance with the DoP/NSW Police Service’s Safer By
Design safety guidelines.
130. The Proponent shall prepare and implement a Security and Crime Management Strategy for
each of the construction and operation phases of the Project. The aim of the strategy shall be to
prevent unauthorised access to the Project and to minimise the potential for crime in the vicinity
of infrastructure (e.g. vandalism, loitering, illegal dumping etc). The Strategy shall be generally in
accordance with the principles outlined in the joint Department and Police Service publication
Crime Prevention and the Assessment of Development Applications, and be developed in
consultation with the NSW Police Service and relevant councils. The Strategy shall include, but
not necessarily be limited to:
(a) details of security arrangements to prevent unauthorised access to the Project, including
physical exclusion measures, detection devices and management mechanisms;
(b) policies and procedures for addressing security issues, should they arise;
(c) specific design features to discourage the incidence of crime at and in the immediate vicinity
of the bus interchange, access points and cycleways;
(d) lighting considerations, including light intensity, direction and hours of operation at and in the
immediate vicinity of the bus interchange, access points and cycleways, with the aim of
minimising areas that may encourage crime;
(e) policies and procedures for the management and removal of graffiti, amelioration of
vandalism, should it occur at or on any component of the; and
(f) policies and procedures for the management and removal of illegal or inappropriate bill-
posting and illegally dumped materials, should it occur at or on any component of the.
The Security and Crime Management Strategy shall be submitted for the approval of the
Director-General no later than one (1) month prior to the commencement of substantial
construction or opening of the Project to traffic as applicable, or within such period as otherwise
agreed by the Director-General.
Pre-Construction
131. An Emergency Response Sub Plan shall be prepared as part of the Construction Framework
EMP. The Sub Plan shall include, but not be limited to:
(a) the provision of adequate emergency procedures and equipment for the response to and
management of any environmental pollution events;
(b) a program for training all staff;
(c) a protocol for notifying the appropriate authorities in the case of an emergency;
(d) procedures to ensure compliance with all legislative and industry standard requirements for
safe handling and storage of hazardous substances; and,
(e) undertaking hazardous activities such as washing out of concrete delivery vehicles, washing
down of construction plant etc. only at appropriate locations that have appropriate
environmental protection controls.
Construction Hazards
132. The Proponent may seek the approval of the Director-General for the temporary storage of diesel
fuel to permit continuous operation of equipment during the construction of the Project. In
seeking the Director-General’s approval, the Proponent shall provide:
(a) details of the location(s), stored volume(s) and storage method(s) for the diesel fuel;
(b) the maximum length of time diesel storage will be required;
(c) assessment of the potential environmental and risk impacts associated with the storage of
diesel at the locations required; and
(d) details of the mitigation measures proposed to address potential environmental and risk
impacts from diesel storage including bunding of storage area(s).
133. The Proponent shall not locate any quantity of diesel fuel at any location associated with the
Project without the prior written approval of the Director-General. The Proponent shall implement
all measures required by the Director-General to mitigate environmental and risk impacts
identified through the information listed from (a) to (d) above, within such period as the Director-
General may agree.
Note: Diesel fuel is a combustible liquid and not defined as a dangerous good under the Australia Dangerous
Goods Code.
134. The Proponent shall prepare and implement a Construction Safety Study for the approval of the
Director-General prior to the commencement of substantial construction of the Project. The
Study shall address all safety-related matters relevant to the construction of the Project and shall
have regard to the principles outlined in the Department’s publication Hazardous Industry
Planning Advisory Paper No. 7 – Construction Safety Study Guidelines.
Operational Hazards
135. At least six months prior to the opening of the Project, the Proponent shall prepare an
Emergency Response Plan , in consultation with the NSW Fire Brigades, the Police Service and
State Emergency Services and be submitted to the Director-General for approval. The Plan shall
include, but not necessarily be limited to:
(a) protocols and procedures to be followed during emergency situations associated with the
operation of the Project including vehicle collisions, fires and explosions;
(b) details of traffic management measures to be implemented during emergencies, where
appropriate, to minimise the potential for escalation of the emergency;
(c) management and infrastructure measures to address the potential environmental impacts of
an emergency situation, including measures for containment of contaminated firefighting
water, fuel spills and gaseous combustion products; and
(d) a training and testing program to ensure that all operational staff are familiar with the Plan
and coordination with the Fire Brigades, Police and Emergency Services is regularly
rehearsed.
A rehearsed emergency response in accordance with the approved Emergency Response Plan,
including the Proponent, NSW Fire Brigades, the NSW Police Service and State Emergency
Services, shall be undertaken on at least one (1) occasion prior to the opening of the Project to
traffic.
136. The Proponent shall undertake an annual Hazard Review of the Project and hazardous incidents
that have occurred during the preceding twelve-month period for the first five years of operation.
The first Review shall be undertaken no later than twelve months after the opening of the Project
to traffic. A report outlining the results of the Hazard Review, and any proposed additional safety
measures to be implemented in response to the findings of the Review, shall be submitted to the
Director-General within one month of completion of the Review. The Proponent shall meet the
Director-General’s requirements in relation to the findings of the Review, within such time as may
be agreed by the Director-General. The Director-General may direct the Proponent to undertake
further hazard review following any major incident in the tunnel.
Project Utilities and Services
Pre-Construction
137. Prior to the commencement of construction the Proponent shall identify the services potentially
affected by construction activities to determine requirements for diversion, protection and/or
support. This shall be undertaken in consultation with the relevant service provider(s).
138. During the detailed design process the Proponent shall consult with relevant utility and service
authorities to determine potential co-location opportunities for services with the construction of
the Project.
Construction
139. Any alterations to utilities and services shall be carried out to the satisfaction of the relevant
service provider(s), and unless otherwise agreed to, at no cost to the service/utility provider(s).
Note: Nothing in Condition No. 139 shall be taken as requiring the Proponent to meet the cost of any
alterations should any prior agreements or protocols be in place between the Proponent and service
provider(s) for such alterations.
140. The Proponent shall ensure that disruption to services resulting from the Project are minimised
and shall be responsible (with the approval of the relevant service provider) for advising local
residents and businesses affected at least 48 hours prior to any disruption of service.
141. The Proponent shall prepare dilapidation surveys and reports in consultation with relevant
infrastructure/service providers. The Proponent shall carry out rectification work at the
Proponent’s expense and to the satisfaction of the owners, except where Condition of Approval
No. 139 applies.
Energy and Greenhouse Gases
142. The Proponent shall promote the reduction of greenhouse gases by adopting energy efficient
work practices including, but not limited to:
(a) developing and implementing procedures to minimise energy waste in accordance with
Conditions 125;
(b) conducting awareness programs as part of induction for all site personnel regarding energy
conservation methods; and,
(c) conducting an energy audit prior to construction and regular energy audits during the Project
to identify and address energy wastage.
143. No rainforest timbers shall be used in any construction activities.
144. SEDA accredited ‘Green Power’ shall be purchased for the supply of 50% of the electrical energy
requirements for the construction phase of the Project. During operations, SEDA accredited
‘Green Power’ shall be purchased for all operational electrical energy requirements to a minimum
level of twice the amount specified by the Government Energy Management Policy (currently
6%), to a maximum of 100%.
SITE SPECIFIC ISSUES
Tunnel
Fire Safety
145. The Proponent shall develop a Fire and Smoke Management Plan to address fire safety in the
tunnel. The Plan shall outline fire protection systems and other tunnel equipment and systems
and operation protocols required for fire and smoke management.
In developing the Plan, the Proponent shall undertake a detailed fire engineering study in
accordance with the Australian Building Codes Board, Fire Safety Engineering Guidelines to the
satisfaction of NSW Fire Brigades. The study must also take into consideration the following
current relevant international studies including:
(a) French Inter-ministry Circular No. 200 – 63 of August 2000 Relating to Safety in Tunnels in
the National Highway Network;
(b) PIARC – Fire and Smoke Control in Road Tunnels; and
(c) US NFPA 502 Standard for Road Tunnels and other Limited Access Highways, 2001 Edition.
Detailed design of the tunnel shall incorporate the design and operational measures developed in
the Fire Engineering Study so as to minimise the potential for and impact of fire in the tunnel.
The Plan shall be developed in consultation with the Director-General and to the satisfaction of
the NSW Fire Brigades. The final design of the tunnel in relation to the fire safety shall be
verified against the Fire Engineering Study to the satisfaction of the NSW Fire Brigades by an
independent person/organisation.
146. Prior to the opening of the Project to traffic, a full audit of the fire safety system as defined by the
Fire Engineering Study developed in Condition 145 shall be undertaken by an independent
person(s)/organisation to be paid for by the Proponent. The objective of the audit shall be to
ensure that all design and operational measures outlined in the Fire Engineering Study have
been installed and are operational and achieves the required design criteria. The results of the
safety audit shall be made available to the NSW Fire Brigade and the Director-General for review
prior to opening of the Project to traffic. The Proponent shall comply with any requirements
resulting from the NSW Fire Brigade.
147. Fire simulation and smoke testing shall be undertaken as part of the rehearsed emergency
response to be staged prior to opening of the Project to traffic as required in Condition 135.
148. A maintenance testing program outlining the methods of testing fire safety facilities and schedule
for implementation shall be developed to the satisfaction of the NSW Fire Brigade prior to
opening of the Project to traffic. Maintenance testing of fire safety facilities shall be undertaken
at least annually or any other interval as required by the NSW Fire Brigade. Results of
maintenance testing shall be made available to the NSW Fire Brigade for review and the
Proponent shall comply with any requirements to ensure the fire safety systems operate
adequately.
149. The Proponent shall develop a community education program for the general public and bus
operators regarding the potential implications of incidents and emergencies in the Lane Cove
Tunnel prior to opening of the Project to traffic. The program shall outline the actions that should
be taken by drivers and passengers in the tunnel during such incidents/emergencies to minimise
the potential for serious injury or loss of life.
The Proponent shall consider implementation of the education program by methods such as
pamphlets to be disseminated with licence/registration renewals, inclusion in the Learner Driver
Handbook and test and/or any other appropriate method.
The program shall be prepared in consultation with the relevant NSW emergency services, NSW
Health and DoP.
Air Quality
Physical Requirements
150. One (1) ventilation stack shall be constructed at each of the following locations: 5 Sirius Road,
Lane Cove West Industrial Estate and 6 Marden Street, Artarmon Industrial Area as shown
Attachment 2), with the top of the ventilation stacks at a minimum height of 62 m and 134 m AHD
respectively, or as otherwise agreed by the Director-General.
151. Prior to finalising the western ventilation stack design, the Proponent shall in consultation with
relevant Councils, demonstrate to the satisfaction of the Director-General, that potential
opportunities to incorporate the ventilation stack within an existing, proposed or newly
constructed building have been appropriately considered through the selected proposal invitation
and final design process.
152. The tunnel ventilation system shall be designed, constructed and operated to avoid emissions of
tunnel air from the portals. Portal emissions are not permitted except in the following
circumstances:
157. The Proponent shall install appropriate traffic management devices upstream and downstream of
the tunnel entrances and exits to regulate traffic flow in the tunnel in addition to the ventilation
system, as required to ensure compliance with air quality goals. Traffic management devices
shall include ramp metering and/or tunnel closure devices as appropriate. Monitoring devices to
measure traffic speeds inside the tunnel shall be installed and operated.
Unless otherwise agreed by the Director-General, stop signals (including advance signals) must
be installed at least 50 metres (or at another distance as agreed by the Director-General) from
the front of each entrance and incorporated into the overall traffic management system for the
route on which the tunnel is located. Where practical this shall also enable tunnel users to be
diverted to other routes well before the entrance. The stop signals must be supplemented by a
remote-controlled physical closure device and by a variable message panel, which will inform
users of the reason for the closure.
For the purposes of interpreting compliance with the rolling average periods specified in Table 2,
the Proponent shall install appropriate systems to the satisfaction of the Director-General in
consultation with NSW Health and the EPA, to enable as accurate as possible estimate of time
spent inside the tunnel by any motorist or any emergency services, Proponent or Company
personnel and corresponding CO levels. The Proponent must justify that the measuring points
present an accurate representation of the CO profile and shall provide data/evidence including
appropriate modelling to support that justification. The pollution concentrations outside the
vehicle cabin shall be assumed to be equivalent to the pollution concentration within the cabin for
the purposes of interpreting compliance.
161. The tunnel ventilation system must be operated so that the concentration of carbon-monoxide
(CO) as measured at any single point in the tunnel must not exceed the concentration limit
specified for that pollutant in Table 3 under all conditions (including fully congested conditions).
Table 3 – In-Tunnel CO Single Point Limits
Note: The requirement to report on any single point recording above the limits for Condition 162 is for
information and reporting purposes only.
All monitoring stations shall be established subject to the land owner’s agreement. The
Proponent must use the sampling method, units of measure, and sampling frequency specified in
Table 4. The Proponent shall commence monitoring within 18 months of this approval or ensure
monitoring occurs for at least 12 continuous months prior to opening of the tunnel. The
establishment and operation of the stations is to be undertaken in accordance with recognised
Australian standards and undertaken by an organisation accredited by NATA for this purpose
and approved by the Director-General. The quality of the monitoring results shall be assured
through a NATA accredited process prior to the data being considered as a basis for
compliance/auditing purposes.
Table 4 – Ambient Air Quality Monitoring Methodologies
Units of Averaging
Pollutant Frequency Method1
measurement Period
NO pphm 1-hour Continuous AM-12
NO2 pphm 1-hour Continuous AM-12
NOx pphm 1-hour Continuous AM-12
1
3 AM-18 or AS3580.9.8-
PM10 µg/m 24-hour Continuous 2
2001
1
AM-18 or AS3580.9.8-
2
4 3 2001 or method
PM 2.5 ug/m 24-hour Continuous
approved by EPA’s
chief scientist
1-hour, 8-
CO ppm Continuous AM-6
hour
Units of Averaging
Parameter3, Frequency Method1
measurement Period
Wind Speed @ 10 m m/s 1-hour Continuous AM-2 & AM-4
Wind Direction @ 10 m ° 1-hour Continuous AM-2 & AM-4
Sigma Theta @ 10 m ° 1-hour Continuous AM-2 & AM-4
Temperature @ 2 m K 1-hour Continuous AM-4
Temperature @ 10 m K 1-hour Continuous AM-4
Total Solar Radiation @ 10 m W/m2 1-hour Continuous AM-4
Other Units of Averaging Frequency Method1
measurement Period
Siting NA NA NA AM-1 & AM-4
Note: 1NSW EPA, 2001, Approved Methods for the Sampling and Analysis of Air Pollutants in New South Wales
2 Standards Australia, 2001, AS3580.9.8-2001, Methods for the Sampling and Analysis of Ambient Air – Determination of Suspended Particulate
Matter – PM10 Continuous Direct Mass Method using Tapered Element Oscillating Microbalance Analyser.
3 Location for meteorological monitoring at Compaq/Corinthian station to be at the top of the building.
4. Appropriately modified to include size selective inlet for PM2.5 or as otherwise approved by the Director-General
Monitoring results shall be made publicly available and shall be subject to audit at 6 monthly
intervals or at a longer interval if approved by the Director-General by an independent auditor
agreed by the AQCCC, whose report shall be directly provided to the Proponent and the
AQCCC.
The Proponent, following consultation with the AQCCC, shall review the need for the
continuation of the CBMS after a period of three (3) years after the Project is opened to traffic.
Any recommendation to close the CBMS shall require the approval of the Director-General in
consultation with the EPA. The Director-General shall approve the independent operator.
♦ Operation Stage Monitoring Stations – 18-20 Orion Road (Compaq Building) and 401 Pacific
Highway (Corinthian Building)
166. The Proponent shall install monitoring stations at the top of the building at 18-20 Orion Road and
401 Pacific Highway, in accordance with Condition of Approval No. 164 to monitor for pollutants
identified in Table 4. Monitoring shall be undertaken over a period of at least 12 months from
opening of the Project to traffic to correlate and verify impacts with the air quality modelling
predictions. The Director-General may request that the Proponent extend the monitoring
duration by 5 months, in the event that the Director-General, following consultation with the EPA,
considers that further modelling is necessary to verify modelling predictions. The Director-
General, the EPA and NSW Health shall be notified 6 weeks in advance of the closure of these
monitoring stations. The results of the monitoring program shall be made available to the
owners of 18-20 Orion Road and 401 Pacific Highway and the AQCCC.
♦ Operation Stage Monitoring Stations – Residents Living at Ground Level
167. The Proponent shall install two (2) ground level monitoring stations, in accordance with Condition
164 to assess ambient ground level impacts. The location of the stations and pollutants to be
monitored shall be developed in consultation with the AQCCC and be approved by the Director-
General and shall include the pollutants specified in Table 4 unless otherwise agreed by the
Director-General in consultation with the EPA. The location of the ground level monitoring
stations shall meet the siting requirements for a background ambient monitoring station in
accordance with AS2922-1987.
The monitoring reports must be made available at six (6) monthly intervals from the date the
Project commences operation. The reports must be made available to the Director-General, the
EPA, relevant Council(s) and the AQCCC, and must be made publicly available. The total
duration of the monitoring shall be for at least three (3) years unless otherwise requested by the
Director-General. Any closure of the monitoring station shall be approved by the Director-
General in consultation with the EPA at least three (3) months prior to closure.
♦ Verification of Air Quality Assessment
168. The Proponent shall validate the ambient air quality assessment undertaken for tunnel ventilation
system as assessed in the Environmental Assessment for the Revised Ventilation Design for
Lane Cove Tunnel (RTA, undated as submitted to DoP 25/10/02) for the Project utilising actual
monitoring data recorded by the Proponent twelve (12) months after the completion of the Stage
2 Works. Validation shall be to the satisfaction of the Director-General in consultation with the
EPA.
♦ Air Quality Goals – Ambient Air
169. Should ambient monitoring of air pollutants exceed the following goals, the provisions of
Condition 170 shall apply:
Note: 1 NSW EPA, 2001, Approved Methods for the Sampling and Analysis of Air Pollutants in New South Wales
2 Standards Australia, 2001, AS3580.9.8-2001, Methods for the Sampling and Analysis of Ambient Air – Determination of Suspended
Particulate Matter – PM10 Continuous Direct Mass Method using Tapered Element Oscillating Microbalance Analyser
3 Must include, but not limited to; Benzene, Toluene, Xylenes, 1,3-Butadiene, Formaldehyde and Acetaldehyde
4 Must include, but not limited to; 16 USEPA priority PAHs, namely; Naphthalene, Phenanthrene, Benz(a)anthracene, Benzo(a)pyrene,
Acenapthylene, Anthracene, Chrysene, Indeno(1,2,3-cd)pyrene, Acenaphthene, Fluoranthene, Benzo(b)fluoranthene,
Dibenz(a,h)anthracene, Fluorene, Pyrene, Benzo(k)fluoranhtene, Benzo(g,h,i)perylene.
5 Appropriately modified to include size selective inlet for PM2.5 or as otherwise approved by the Director-General.
Noise
Regenerated Noise
185. The Proponent shall not undertake any excavation using rock hammers below ground during the
night time (10pm to 7am).
186. Regenerated noise from construction works shall not exceed the following criteria as measured
at the nearest sensitive receptor:
(a) LAeq(15 min) 40 dB(A) between the hours of 6:00 pm and 10:00 pm; and
(b) LAeq (15 min) 35 dB(A) between the hours of 10:00 pm and 7:00 am
If any exceedances are proposed they must be fully justified, prior to undertaking the work,
through a detailed noise impact assessment report prepared by a qualified acoustic specialist.
The noise impact assessment report shall be prepared in consultation with the EPA and the
proposed works must not be commenced without the prior approval of the EPA.
Operational Noise Management
187. The Proponent shall ensure that noise emanating from the tunnel ventilation system does not
exceed the noise limits at the nearest sensitive receptor as specified in Table 7 in accordance
with the EPA’s Industrial Noise Policy.
Table 7 – Tunnel Ventilation System Operating Noise Limits
Noise Receivers Day (Leq (15 minutes)) Evening (Leq (15 Night (Leq (15 minutes))
minutes))
1. In accordance with Condition 182 if the air intake location changes limits will have to be revised and reset by the Director-General.
2. Limits can only be modified with the approval of the Director-General following a detailed noise assessment during the detailed design
phase.
Daytime shall be defined as the period from 7am to 6pm Monday to Saturday and 8am to 6pm
Sundays and Public Holidays. Evening is defined as the period from 6pm to 10 pm. Nighttime is
defined as the period 10pm to 7am Monday to Saturday and 10pm to 8 am Sundays and Public
Holidays.
Drainage
188. The Proponent shall undertake further assessment of tunnel drainage including fire water
management prior to substantial construction and operation of the Tunnel to the satisfaction of
the Director-General. The assessment shall include but not be limited to identification of
anticipated runoff volumes, runoff treatment options and the potential impacts of runoff discharge
into Stringybark Creek from a hydraulic/hydrological and environmental perspective.
Settlement
Dewatering Analysis
189. A detailed settlement study specific to all proposed construction stage dewatering shall be
prepared to determine the potential extent of settlement and whether structures need to be
protected through appropriate treatment. The study shall identify the implications and mitigation
measures for buried services, roadways, buildings and other structures. The study shall
investigate the proposed areas of dewatering operations and shall have particular reference to
the following:
(a) entry and exit tunnels to/from the Pacific Highway;
(b) the area of the western vent stack exhaust tunnel, shall be conducted prior to
commencement of tunnelling; and
(c) buildings on George Place, Artarmon.
Settlement Analysis
190. A detailed geotechnical model of representative geological conditions shall be prepared prior to
commencement of tunnelling to identify and include significant geological structures. This model
shall also include full details of existing and currently proposed excavations, basements and
other sub-surface structures which may be impacted by the Project. The Proponent shall use
this model to assess the predicted settlement and horizontal strain profiles caused by tunnelling.
191. Should the geotechnical model in Condition 190 indicate that exceedances of the criteria in Table
8 are likely, the Proponent shall implement mitigation measures such as appropriate support and
stabilisation structures in consultation with the relevant land and/or infrastructure owners prior to
the commencement of tunnelling to ensure where possible that underground services,
infrastructure and adjacent buildings will not experience settlements exceeding the criteria Table
8.
Table 8 Settlement Criteria for Specific Structures
Buildings
Low or non sensitive buildings (i.e. < 30 mm 1:350
2 levels and carparks).
High or sensitive buildings (i.e. > 3 20 mm 1:500
levels and heritage buildings).
Roads and Parking areas 40 mm 1:250
Parks 50 mm 1:250
Identified Utilities to be determined in consultation with the to be determined in consultation with
relevant authorities the relevant authorities
The above criteria shall not remove any responsibility from the Proponent for the protection of
existing structures or for rectifying any damages resulting from the Project.
192. Settlement criteria for individual sensitive utility structures including SWC services (i.e. brick
sewers), gas, electricity and telecommunication services, shall be determined in consultation with
the relevant authorities prior to the commencement of tunnelling.
Management
193. The Proponent shall install and monitor inclinometers and settlement monuments along the
tunnel route throughout the construction period and for a period of not less than six (6) months
after settlement has stabilised, with particular reference to risk areas identified in the building
Pre-Construction
197. Prior to substantial construction, the Proponent shall develop a program for implementation
during construction, to monitor impacts of dewatering on groundwater before and during
construction. The program shall include:
(a) identification of areas to be monitored;
(b) monitoring methods and equipment, data loggers for continuous groundwater level
monitoring;
(c) the suitability for disposal of groundwater inflow/seepage into the tunnel; and
(d) frequency and duration of monitoring.
216A. The Proponent must ensure that the crossing of Epping Road at Mowbray Road is staged with
separate walk signals provided for the eastbound and westbound carriageways of Epping Road.
The pedestrian push buttons on the northern and southern kerbs of Epping Road must place a
call for both stages of the pedestrian crossing (eastbound and westbound carriageways).
217. The Proponent shall design the footpath next to the “Azalea Bed” display on Epping Road in
consultation with Lane Cove Council and the relevant CLG.
Property Impacts
218. Prior to any construction works commencing on the Epping Road surface route, the Proponent
shall prepare a Business Management Strategy in consultation with all businesses affected
during the construction stage. The objective of the Strategy shall be to minimise impacts on local
businesses through appropriate signage, maintaining vehicular and pedestrian access during
business hours, minimising noise and dust impacts and retaining visibility of the business
appropriate to its reliance on such. A draft Strategy shall be made available to all businesses
and to relevant local Council(s) for comment for a period of no less than 21 days. The final
Strategy shall indicate how any issues raised on the draft have been addressed in the final
Strategy. The Strategy shall be made publicly available.
219. The design of the Project and the resultant acquisition (freehold, easement or other
arrangement) of land from the BP service station on Epping Road must be undertaken in a way
which ensures that the ability to operate the service station is protected. In particular, the
Proponent must ensure that all necessary boundary and other setbacks to the storage tanks,
associated dispensers and other critical components of the service station to satisfy the relevant
Australian Standards and other safety related requirements. The Proponent shall bear the costs
of any changes required to the Property.
220. The Proponent shall ensure that all businesses affected by altered traffic arrangements are
consulted at least 10 days prior to any affectation and shall endeavour where practicable to
maintain access at all times.
Urban Design and Landscaping
221. The Urban Design and Landscape Sub Plan for the Epping Road corridor between Mowbray
Road West and the Pacific Highway prepared in accordance with Condition 87 shall be prepared
in consultation with the local community, the CLG, Lane Cove, Willoughby and Ryde councils,
PTC and the Director-General. The Sub Plan shall be based on the landscape plans prepared
by Hassell Pty Ltd dated February 2002 titled “Epping Road Additional Planting Opportunities
(Moore Street to Centennial Avenue)” and “Epping Road Planting Opportunities (Centennial
Avenue to Parklands Avenue)” and shall include, but not be limited to:
(a) sections and perspective sketches;
objectives of the investigations shall be to ensure the best level of service for cyclists whilst
maximising the privacy of residents to the greatest extent practicable. The final proposed design
for the cycleway in this location shall require the approval of the Director-General.
Hydrology
234. The Proponent shall undertake further hydrological assessment of the Flat Rock Creek
catchment prior to commencement of substantial construction to the satisfaction of the Director-
General. The assessment shall include, but not be limited to:
(a) confirmation of predicted increases in peak surface water levels and peak discharge;
(b) identification of affected properties and the critical flood event at which affected properties
become inundated and how these would be affected by the Project;
(c) extent of inundation for affected properties at and above the critical flood event with the
Project in place; and
(d) comparison of the options available to ensure that flooding impacts are no greater than those
currently experienced within the catchment, including a cost effectiveness comparison.
Falcon Street Ramps
Traffic and Access
235. The Proponent shall ensure that at grade pedestrian access is maintained across Falcon Street
and Military Road from Merlin Street south to Merlin Street north unless otherwise agreed to by
the Director-General.
236. The Proponent shall consult with North Sydney City Council during the detailed design stage of
the Falcon Street ramps and revised traffic movements around the residential island on Falcon
Street with regard to the masterplanning process for that area. Where practicable the Proponent
shall incorporate any relevant recommendations of the masterplanning process area into the final
design.
237. A continuous bus lane shall be provided on Falcon Street/Military Road (eastbound) from the
Warringah Expressway northbound exit ramp to Big Bear Shopping Centre unless otherwise
agreed to by the Director-General.
238. The Proponent shall investigate the provision of a bus indent bay on Military Road to the east or
in the vicinity of Merlin Street north. The location and design of any bay shall be to the
satisfaction of the Public Transport Committee.
239. The Proponent shall investigate installation of a 24 hour bus lane in the westbound direction on
Falcon Street between the Warringah Expressway and Miller Street in consultation with the PTC.
Any installation of bus lanes resulting from these investigations shall be completed within one (1)
month of opening of the Project
240. Additional to Condition 239 the Proponent shall investigate measures to “capture” additional road
capacity created by reduced traffic levels on Falcon Street between the Pacific Highway and
Warringah Expressway for approval by the Director-General. Such measures may include
installation of T2 lanes or other public transport enhancement measures. These investigations
shall be carried out in consultation with the PTC and the recommendations shall be forwarded to
the Director-General. The Proponent shall implement recommendations of the investigation to
the satisfaction of the Director-General within 6 months of opening of the Project to traffic unless
otherwise agreed by the Director-General.
Noise and Vibration
241. The Proponent shall install noise mitigation measures for traffic noise on the southbound Falcon
Street ramp in accordance with the Environmental Criteria for Road Traffic Noise (ECRTN) and
the RTA’s Environmental Noise Management Manual only after consultation with affected
residents and the EPA, and detailed consideration of visual impacts. Installation of noise
mitigation measures shall be to the satisfaction of the Director-General.
Urban Design and Visual
242. The Proponent shall prepare an Urban Design and Landscaping Sub Plan for the Falcon Street
ramps and pedestrian overbridge in accordance with Condition of Approval No. 87 which shall
consider:
(a) noise barriers on the eastern side of the Warringah Expressway;
(b) road furniture including safety barriers, kerbs, paving, signage, lighting and medians
(c) pedestrian and cycle elements including footpaths and paving, pedestrian
crossings/overpasses and fixtures (i.e. tree guards, seating, lighting, fencing and signage);
(d) public transport facilities in consultation with the PTC;
(e) proposed treatments, finishes and materials of exposed surfaces (including colour
specifications and samples);
(f) integration of the finished form with the existing structures and surrounding environment; and
(g) pedestrian safety and visibility, with reference to the DoP/NSW Police Service publication
Safer by Design.
Moore Street Compound
General
243. Prior to any works at the proposed Moore Street compound site, the Proponent shall investigate
alternative sites and alternative construction compound designs to address the potential
environmental impacts. The assessment shall include as a minimum:
(a) detailed comparative assessment of all viable alternative sites and justification for use of this
site and implications for the Project of not using it;
(b) results of consultation with affected residents, EPA, DLWC and Lane Cove Council;
(c) alternative construction compound designs, including locations of spoil stockpile, truck wheel
wash, site access etc.;
(d) traffic management, with particular attention to management of access to Moore Street
during peak periods;
(e) alternative means of spoil disposal to eliminate heavy vehicle traffic from Moore Street;
(f) all feasible options for noise and dust/air quality mitigation measures including cost
effectiveness of the options considered;
(g) consideration of alternative means of operating the site including works scheduling,
maintenance requirements etc.;
(h) impacts on vegetation and measures to minimise impacts for the alternative designs
considered; and
(i) visual impacts for surrounding residents and options for screening to minimise those impacts.
The primary objective of the consideration of alternative designs and methods of operation shall
be to minimise environmental impacts on local residents.
The assessment shall nominate a final site and construction compound design which shall
require the approval of the Director-General at least one (1) month prior to the commencement of
any works at Moore Street compound site.
244. Should the Proponent obtain approval for the Moore Street Compound under Condition 243,
Conditions 245 to 259 apply, otherwise Condition 245 to 259 are deleted.
245. Any non compliance with the requirements of Conditions 245 to 256 inclusive may be identified
by the Department as a breach of this condition. The Director-General may direct the Proponent
to provide a report within two (2) working days outlining the cause of the non-compliance and
measures implemented or to be implemented to prevent recurrence. If the Proponent fails to
implement the required actions within a period specified by the Director-General, or the nature of
the non-compliance is of high impact significance, the Director-General may direct the Proponent
to expend an amount, which is to be calculated as the aggregate of $10,000 (CPI adjusted) for
each day on which any one or more of the non-compliances occurs or remains outstanding.
In the event that the Proponent is directed to expend any amount as required under this
Condition, it shall, within 3 months, prepare a strategy in consultation with local residents and
Lane Cove Council and approved by the Director-General on how any money shall be spent
246. All external surface construction activities at Moore Street, including transportation of spoil, shall
be restricted to the hours of 7:00 am to 6:00 pm (Monday to Friday); 8:00 am to 1:00 pm
(Saturday) and at no time on Sundays and public holidays.
Works outside these hours that may be permitted include:
(a) the delivery of materials which is required outside these hours as requested by Police or
other authorities for safety reasons;
(b) emergency work to avoid the loss of lives, property and/or to prevent environmental harm;
and
(c) any other work as agreed by the EPA through licence conditions, provided local residents
are informed of the timing and duration at least 48 hours prior to commencement of the work.
247. The Proponent shall prepare a Construction Method Statement (CMS) specifically for the Moore
Street compound. The CMS shall contain a detailed assessment of the following as a minimum:
(a) Noise and vibration;
(b) construction and residential traffic management;
(c) air quality and dust management;
(d) flora and fauna;
(e) water quality;
(f) heritage; and
(g) site rehabilitation and revegetation.
Traffic
248. Construction vehicle access and egress to Moore Street shall be directly to/from Epping Road
only. Construction vehicle access to/from Epping Road shall be left in left out only during peak
periods (6:00 am to 10:00am and 3:00 pm to 7:00 pm). Right hand turns into Moore Street from
Epping Road shall only be permitted outside peak periods. Right hand turns from Moore Street
to Epping Road shall not be permitted at any time.
249. A truck wheel wash shall be installed in accordance with the outcomes of Condition 243 to be
utilised by all trucks and machinery leaving the site such that no material is tracked onto public
roads.
Air Quality and Dust Management
250. The proposed construction works at the Moore Street compound must satisfy the following dust
management objectives at the most sensitive receptor:
(a) 4g/m2/month annual average for dust deposition (insoluble solids); and
(b) 90µg/m3 annual average for TSP.
The monitoring shall be in accordance with the requirements of Table 9 as specified in Condition
251.
Note: The intent of Condition 250 is to provide objectives to be achieved in managing dust generated at the
site. The stated TSP concentration provides a trigger for action rather than being a compliance goal.
If the 1 hour average of 180 µg/m3 stated in Condition 0 is not exceeded, it is unlikely that the annual
average goals would be exceeded.
251. The Proponent shall develop a reactive dust management plan to ensure compliance with
Condition 250. The reactive dust management plan shall be triggered at a TSP concentration
level of 180 µg/m3 as a 1-hour average or as otherwise agreed to by the Director-General. The
monitoring shall be conducted at the most sensitive receptor and in accordance with the
requirements of Table 9. The dust management plan shall be developed following consultation
with the EPA for the approval of the Director General.
Table 9 – Moore Street Compound Ambient Dust Monitoring
Note: 1NSW EPA, 2001, Approved Methods for the Sampling and Analysis of Air Pollutants in New South Wales
2 Without size selective PM10 inlet or as otherwise agreed to by the Director-General.
Noise
252. Noise emanating from the operation of the Moore Street construction compound must not exceed
the following sound pressure levels at the nearest sensitive receptor unless otherwise approved
by the EPA under an Environment Protection Licence for the Project:
(a) 68 dB(A) LA10 (15 minute) between 7:00am and 6:00pm Monday to Friday and 8:00am to 1:00pm
Saturday;
(b) 58 dB(A) LA10(15 minute) between 6:00pm and 10:00pm on any day;
(c) 44 dB(A) LA10(15 minute) between 10:00pm and 7:00am on any day and between 1:00pm and
6:00pm on Saturday;
(d) 54 dB(A) LA(1 minute) between 10:00pm and 7:00am on any day.
The modification factors presented in Section 4 of the NSW Industrial Noise Policy shall also be
applied to the measured or computed noise levels where applicable.
Note: Noise from the premises is to be measured at the most affected point on or within the residential property
boundary of the most sensitive receptor to determine compliance with the LA10(15 min) levels. Noise from
the premises is to be measured at one (1) metre from the dwelling façade of the most sensitive receptor
to determine compliance with the LA1(1 minute) levels.
Water Quality
253. The Proponent shall ensure that all appropriate soil and erosion and sediment control works are
completed and in place prior to commencement of any works that may have the potential to
generate soil erosion or sediment. Erosion and sediment protection measures shall also be in
place before the commencement of any stockpiling activity. These controls shall be maintained
until all ground surfaces are stabilised and revegetated.
Heritage
254. An archaeological investigation shall be undertaken at the Moore Street compound prior to
substantial construction at the compound. The investigation shall be conducted by an
archaeologist and accompanied by a representative of the Metropolitan Local Aboriginal Land
Council. Results and recommendations of the investigation shall be included and considered in
the preparation of the Heritage and Archaeology Management Sub Plan required in Condition
100.
Site Rehabilitation
255. Prior to commencement of substantial construction at Moore Street compound, the Proponent
shall consult with the Lane Cove Council, affected Moore Street community and the relevant
CLG regarding rehabilitation of the site following construction. The Proponent shall rehabilitate
the Moore Street compound site footprint to native bushland using locally native species in
consultation with NPWS and in accordance with the Site Rehabilitation and Revegetation
Management Sub Plan required in Condition 256. Additional areas to be rehabilitated at a
minimum ratio of 2:1 (for the area affected at Moore Street), shall include but not limited to
reinstatement of bushland corridors along the Stringybark Creek and Lane Cove River corridor.
Additional areas, including any bushland corridors along the Stringybark Creek and Lane Cove
River corridor to be rehabilitated shall be identified in consultation with Lane Cove Council and
subject to agreement with the landholder(s). The bushland rehabilitation proposal shall be
approved by the Director-General prior to completion of construction at the Moore Street
compound site.
256. A detailed Site Rehabilitation and Revegetation Management Sub Plan shall be prepared at least
six (6) months prior to completion of construction activities at Moore Street and site
decommissioning as part of the Construction Framework EMP. The long term objective of the
plan shall be to rehabilitate the Moore Street compound site and any other areas identified under
Condition 255 for revegetation, particularly where opportunities to reinstate fauna movement
corridors are available. The Plan shall include but not be limited to the following:
(a) consideration of completion of construction and site withdrawal activities;
(b) outcomes of consultation with Lane Cove Council, DLWC, NPWS, affected residents and the
CLG;
(c) consideration of existing native species on site and likely vegetation prior to the construction
of Epping Road;
(d) consideration of the final landform of the site and the locally native species most likely to
succeed following revegetation;
(e) water quality and hydrology prior to site filling;
(f) condition of upstream and adjacent bushland areas and any measures required to be
implemented to maximise success of site rehabilitation and revegetation;
(g) defined targets for all actions proposed, including but not limited to anticipated success rates
and/or other suitable performance measures;
(h) initial establishment and maintenance programs for a minimum of five (5) years from site
decommissioning; and
(i) ongoing management of the site.
The Plan shall be submitted to the Director-General for approval.
257. Any failure to achieve the actions and or/targets identified in the Site Rehabilitation and
Revegetation Management Sub Plan required in Condition 256 or non-compliance with
Conditions 258 or 259 within the specified timeframe may be identified by the Department as a
breach of this condition. The Director-General may direct the Proponent to implement such
actions as to achieve the desired outcomes and/or targets within 30 days. If the Proponent fails
to implement the required actions within the specified period, the Director-General may direct the
Proponent to expend an amount, which is to be calculated as the aggregate of $10,000 (CPI
adjusted) for each day on which any one or more of the actions and/or targets specified in the
Site Rehabilitation and Management Sub Plan remain outstanding. Any money required to be
expended shall be used for additional bushland revegetation works determined in consultation
with Lane Cove Council and approved by the Director-General.
Note: Nothing in this Condition shall prevent, limit or restrict any statutory requirements under any
legislation nor shall it limit any action being undertaken under the EP&A Act.
258. Rehabilitation of the Moore Street Construction compound and any other areas identified in
Condition 256 shall be in accordance with the approved Site Rehabilitation and Revegetation
Management Sub Plan.
259. Fill material imported to the Moore Street Compound site shall be removed following completion
of works and decommissioning of the site unless otherwise agreed to by the Director-General
and relevant Council in accordance with the Site Rehabilitation Management Sub-Plan.
ATTACHMENT 1
♦ provide to the Group regular information on the progress of work and monitoring results;
♦ promptly provide to the Group such other information as the Chair of the Group may
reasonably request concerning the environmental performance of the development;
♦ provide meeting facilities for the Group, and take minutes of Group meetings. These minutes,
once endorsed by the Chair, shall be available for public inspection at Council within 14 days
of the meeting.
♦ The Proponent shall ensure that minutes from Community Liaison Group meetings, annual
reports and other public reports required by this approval, and results and interpretation of
monitoring required by this Consent are placed on the Internet for public information within 14
days after they are available. The Internet address is to be made publicly available.
♦ Where reasonably required the Proponent shall meet all reasonable costs to engage
independent consultants to interpret relevant technical information and tasks of a similar
nature as agreed by the relevant CLG. In the circumstance of any disagreement, the
Director-General’s decision shall be final.
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