Review of Environmental Factors - Transport for NSW - NSW ...

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2 Statutory Position and RequirementsThe description of the proposed works and the associated environmental impacts has beenundertaken in the context of Clause 228 of the Environmental Planning and AssessmentRegulation 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 Planningand Assessment Act 1979 (EP&A Act), that RailCorp must examine and take into account, tothe fullest extent possible, all matters affecting or likely to affect the environment by reason ofthe activity. The legislative framework relevant to the proposed works and associated approvalsis set out in the following sections.2.1 Environmental Planning and Assessment Act 1979The Environmental Planning and Assessment Act 1979 (EP&A Act) establishes the statutoryframework for planning and environmental assessment in NSW. Implementation of the EP&AAct is the responsibility of the Minister for Planning and Infrastructure, statutory authorities andlocal councils.The EP&A Act contains three parts which impose requirements for planning approval.• Part 3A provides for control of ‘major infrastructure and other projects’ that require approvalfrom the Minister for Planning and Infrastructure.• Part 4 generally provides for the control of local ‘development that requires developmentconsent from the local Council’.• Part 5 provides for the control of ‘activities’ that do not require development consent and areundertaken or approved by a determining authority.The applicable approval process is generally determined by reference to the relevantenvironmental planning instruments and other controls. These include Local EnvironmentalPlans (LEPs) and State Environmental Planning Policies (SEPPs). Pursuant to Section 36 ofthe EP&A Act there is a general presumption that a SEPP prevails over a LEP in the event of aninconsistency.This information regarding the Environmental Planning and Assessment Act 1979 was currentat the time of publication. Changes to the legislation have recently been passed by parliament,but are not yet in force. Regardless of the impending planning changes to the Part 3A processand state significant infrastructure, approval for the proposal will still be sought under Part 5 ofthe EP&A Act.Page 14 of 64
2.2 State Environmental Planning Policy (Infrastructure) 2007The State Environmental Planning Policy (Infrastructure) 2007 (ISEPP) provides a consistentplanning regime for infrastructure and the provision of services across NSW, along withproviding for consultation with relevant public authorities during the assessment process.The ISEPP provides for the development of certain activities for a range of infrastructure types.The ISEPP indicates whether an activity is permissible with or without consent, and on whatland the activity is permissible.Section 76 of the EP&A Act states that “if an environmental planning instrument provides thatspecified development may be carried out without the need for development consent, a personmay carry the development out, in accordance with the instrument, on land to which theprovision applies.” However environmental assessment of the development may neverthelessbe required under Part 5.2.3 Confirmation of Statutory PositionClause 79(1) of the State Environmental Planning Policy (Infrastructure) 2007 (ISEPP) provides:“Development for the purpose of a railway or rail infrastructure facilities may becarried out by or on behalf of a public authority without consent on any land.”The proposal is for the installation of a new base transceiver station (antennas and power andBTS cabinets), which is consistent with the definition of a rail infrastructure facility under Clause78, which includes “signalling, train control, communication and security systems”.In addition Clause 114(1) provides:“Development for the purposes of telecommunications facilities (including radiofacilities) may be carried out by a public authority without consent on any land.”The proposal also meets the definition of a telecommunication facility under Clause 113 of theISEPP. RailCorp is a state-owned operating entity in the transport portfolio. It is classified as apublic authority under Section 4 of the EP&A Act.Accordingly, this proposal (construction of a new BTS at Wollongong Yard) is being assessedunder Part 5 of the EP&A Act. RailCorp is the proponent and determining authority as per theprovisions of Section 110 of the EP&A Act.2.4 Other Relevant Environmental Planning InstrumentsState Environmental Planning Policy No. 14 Coastal WetlandsThe proposed site is not located within an area which is covered by this SEPP.Page 15 of 64
Page 1 and 2: Digital Train Radio SystemWollongon
Page 3 and 4: 4.13 Electromagnetic Energy (EME) .
Page 5 and 6: Approval ProcessThe proposal is bei
Page 7 and 8: 1 Introduction1.1 Background to the
Page 9 and 10: Land around the site is used for th
Page 11 and 12: Figure 2Site location mapMap sectio
Page 13: • Letter: a letter will be sent t
Page 17 and 18: The State Environmental Planning Po
Page 19 and 20: Roads Act 1993Under Section 138 of
Page 21 and 22: 2.8 Other GuidelinesConsideration o
Page 23 and 24: Power CabinetThe power cabinet will
Page 25 and 26: 3.3 Timing and CostingConstruction
Page 27 and 28: • It operates on a spectrum of 18
Page 29 and 30: 4 Environmental Impact and Risks4.1
Page 31 and 32: diesel). Fuel use will emit greenho
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Page 35 and 36: Possible Construction NoiseControl
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Page 39 and 40: 4.10 Visual Aesthetics and Urban De
Page 41 and 42: 4.12 Socio-Economic EffectsExisting
Page 43 and 44: As few vehicle movements will be re
Page 45 and 46: Table 3Consideration of Clause 228
Page 47 and 48: EPBC Act 1999 FactorsMatters of nat
Page 49 and 50: and in accordance with RailCorp pro
Page 51 and 52: No specific control measures are re
Page 53 and 54: Appendix 1: Principles from the Tel
Page 55 and 56: Principal(g) A telecommunications f
Page 57 and 58: Principal(c) Towers may be extended
Page 59 and 60: Principal(d) The telecommunications
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ReleasedBy: EGUGL InfrastructureDat
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Environment & Heritage | NSW BioNet
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ITEM NAME LOCATION SUBURB LGA SHR S
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Australian Heritage Databasehttp://
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Heritage Branch Website - Online Da
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Other Matters Protected by the EPBC
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Name Status Type of Presencehabitat
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Name Status Type of PresenceGreenho
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Name Threatened Type of Presencewit
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NameCommonwealth Land -Commonwealth
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Name Threatened Type of Presencewit
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Name Threatened Type of PresenceArc
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NameBelmore Basin LighthouseBulli F
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For species where the distributions
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Summary of Estimated RF EME Levels
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Table of Other Areas of InterestAdd
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