Stanwell Park Tunnel REF - Transport for NSW - NSW Government

(b) excavation that is, or is carried out in connection with, an activity within the meaning
of Part 5 of the Environmental Planning and Assessment Act 1979.
Consultation with the relevant service provider will occur in accordance with these provisions.
Heritage Act 1977
Section 57(1) of the Heritage Act 1977 lists the types of activities/works that require approval
from the Heritage Council when working on/in an item/place listed on the State Heritage
Register. An application for an exemption can also be made under some circumstances.
Approval from the Heritage Council is also required under Section 139 of the Heritage Act 1977
prior to the disturbance or excavation of land if a project will, or is likely to result in, a relic being
discovered, exposed, moved, damaged or destroyed.
The proposed work is to be undertaken about 70 metres from Stanwell Park Rail Viaduct, which
is listed as a state heritage item; however the proposed work is not within its heritage curtilage.
Therefore approval under the Heritage Act is not required. More information about heritage is
included in Section 4.6.
National Parks and Wildlife Act 1974
The excavating, moving or exhibiting of Aboriginal objects requires a permit under Section 87 of
the National Parks and Wildlife Act 1974 (NPW Act). The harming or desecrating of Aboriginal
objects or places is an offence under Section 86 of the NPW Act. Under Section 90, an
Aboriginal heritage impact permit may be issued in relation to a specified Aboriginal object,
Aboriginal place, land, activity or person or specified types or classes of Aboriginal objects,
Aboriginal places, land, activities or people.
There are no Aboriginal objects or places known to occur in the immediate vicinity of the site
and no known items or places will be affected by the proposed work. However, due to the dense
and undisturbed nature of the bushland surrounding the site, the likelihood of uncovering
Aboriginal heritage items is considered moderate (refer Section 4.6). Safeguards have been
proposed to address circumstances if an unexpected find occurs.
All native birds, reptiles, amphibians and mammals, except the dingo, are protected in NSW
under the NPW Act. The harming of protected fauna is prohibited under the NPW Act, but an
exemption applies in relation to things that are essential to the carrying out of an activity to
which Part 5 of the EP&A Act applies and where the determining authority has complied with
the provisions of that part. Potential impacts to fauna are considered in Section 4.4.
Protection of the Environment Operations Act 1997
The Protection of the Environment Operations Act 1997 (POEO Act) provides a licensing
framework for certain activities as defined in Schedule 1 of the POEO Act. The proposal is not
considered to fall within the definition of Section 33 ‘Railway systems activities’ of Schedule 1.
As such, the proposal does not require an environment protection licence (EPL) under the
POEO Act.
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