Monorail Removal Project - Review of Environmental Factors (REF)

3.4.2 Roads Act 1993Under section 138, Part 9, Division 3 of the Roads Act 1993 (Roads Act), a person must notimpact or carry out work on or over a public road otherwise than with the consent of theappropriate roads authority. Clause 5 of schedule 2 of the Roads Act relates to the applicationof section 138 and states that:‘Section 138 does not require a public authority, or a network operator within the meaning of theGas Supply Act 1996, to obtain a roads authority’s consent to the exercise of the public authority’sor gas distributor’s functions in, on or over an unclassified road other than a Crown road.’The proposal involves works along a number of roads within the Sydney CBD. Apart from theWestern Distributor, the roads that would be impacted by the proposal are controlled by the Cityof Sydney. The Western Distributor is a classified road, controlled by RMS. Works along theWestern Distributor would require consent from RMS under section 138 of the Act.As the proposal is being carried out by a public authority, consent would not be required forworks on unclassified roads. Transport for NSW would undertake the works in closeconsultation with all relevant road authorities.3.4.3 National Parks and Wildlife Act 1974The National Parks and Wildlife Act 1974 provides the basis for legal protection andmanagement of Aboriginal sites and objects in NSW. Under Section 87 of the Act a heritageimpact permit is required to harm or desecrate an Aboriginal heritage object.A search of the Aboriginal Heritage Information Management System database was undertakenand the results indicate that there are no recorded items located in the proposal site.Furthermore, the proposal is unlikely to have an impact on unknown items of Aboriginal heritagesignificance and a heritage impact permit is not required.3.4.4 Protection of the Environment Operations Act 1997The Protection of the Environment Operations Act 1997 establishes, amongst other things, theprocedures for issuing of licences for environmental protection on aspects such as waste, air,water and noise pollution control. Environment protection licences are generally issued forscheduled activities or scheduled development work. The proposal is not defined as either ascheduled activity or as scheduled work by the Act, and would not require an environmentprotection licence.3.4.5 Commonwealth Environment Protection and Biodiversity andConservation Act 1999The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) prescribes theCommonwealth’s role in environmental assessment, biodiversity conservation and themanagement of protected areas and species, populations and communities and heritage items.The approval of the Commonwealth Minister of Sustainability, Environment, Water, Populationand Communities is required for:• An action which has, would have or is likely to have, a significant impact on ‘matters ofnational environmental significance’.• An action likely to have a significant impact on the environment in general (for actions byCommonwealth agencies or actions on Commonwealth land) or the environment onCommonwealth land (for actions outside Commonwealth land).An action is considered to include a project, development, undertaking, activity or series ofactivities. An EPBC Act protected matters search was undertaken on 4 October 2012 for a one14 | GHD | Transport for NSW - Monorail Removal Project REF