Digital Train Radio System Kingsgrove BTS Site Review of ...

2 Statutory Position and Requirements
The description of the proposed works and the associated environmental impacts has been
undertaken in the context of Clause 228 of the Environmental Planning and Assessment
Regulation 2000, the Threatened Species Conservation Act 1995 (TSC Act), and the
(Commonwealth) Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).
In doing so, this REF helps fulfil the requirements of Section 111 of the Environmental Planning
and Assessment Act 1979 (EP&A Act), that RailCorp must examine and take into account, to
the fullest extent possible, all matters affecting or likely to affect the environment by reason of
the activity. The legislative framework relevant to the proposed works and associated approvals
is set out in the following sections.
2.1 Environmental Planning and Assessment Act 1979
The proposal comprises an ‗activity‘ for the purposes of Part 5 of the Environmental Planning
and Assessment Act 1979 (the EP&A Act). As the determining authority for the purposes of Part
5 of the EP&A Act, RailCorp must examine and take into account to the fullest extent possible
all matters affecting or likely to affect the environment by reason of that activity, in accordance
with section 111 of the EP&A Act.
To document RailCorp‘s considerations under Part 5 of the EP&A Act, RailCorp is required to
prepare a Review of Environmental Factors Report (REF), which includes mitigation measures
to manage and minimise impacts on the environment. The REF document will be exhibited and
made publicly available. During the exhibition period, the community are encouraged to make
submissions to RailCorp on the proposal and any potential environmental impacts.
Prior to determining whether or not to proceed with the project, RailCorp will consider issues
raised in submissions and respond to community feedback. RailCorp may propose changes to
the proposal and detail these in the determination report. These reports would be made
available to the public on the RailCorp website (www.railcorp.info).
Should RailCorp determine to proceed, the proposal would be constructed and operated in
accordance with the mitigation measures proposed in the REF, determination report and any
conditions of approval.
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