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

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The land contamination is addressed in Sec 4.8 <strong>of</strong> the REF.Roads Act 1993Under Section 138 <strong>of</strong> the Roads Act 1993, a person must not “erect a structure or carry out a work in, on or overa public road, or dig up or disturb the surface <strong>of</strong> a public road...” other than with the consent <strong>of</strong> the appropriateroads authority.Montague Street will be used to access the proposed site and is not a classified road under the meaning <strong>of</strong> theRoads Act. Further, no structures or works will be erected or undertaken on Montague Street. Approval from theRoads and Traffic Authority will not be required.Threatened Species Conservation Act 1995The Threatened Species Conservation Act 1995 (TSC Act) is directed at conserving threatened species,populations and ecological communities <strong>of</strong> animals and plants. Threatened species, populations, endangeredecological communities are not likely to occur at the site and further consideration under the act is not required.2.6 Commonwealth LegislationEnvironment Protection and Biodiversity Conservation Act 1999The primary legislation at the Commonwealth level is the Environment Protection and Biodiversity ConservationAct 1999 (EPBC Act). Part 3 <strong>of</strong> the EPBC Act requires approval from the Commonwealth Minister <strong>for</strong>Sustainability, Environment, Water, Population and Communities if a development is likely to have, or will have,a significant effect on a matter <strong>of</strong> National <strong>Environmental</strong> Significance (NES).For the purposes <strong>of</strong> the EPBC Act, matters <strong>of</strong> NES are defined as:• world heritage properties;• national heritage places;• Ramsar wetlands;• nationally threatened species and ecological communities;• migratory species;• commonwealth marine areas; and• nuclear actions.The proposed work will not affect any matters <strong>of</strong> national environmental significance. Commonwealth land willnot be affected, either directly or indirectly, as a result <strong>of</strong> this proposal. A summary <strong>of</strong> EPBC factors is includedin Table 4.2.7 Ecological Sustainable DevelopmentEcologically sustainable development (ESD) entails using, conserving and enhancing the community’senvironmental resources in a manner that sustains and improves ecological processes and, hence, the qualityPage 18 <strong>of</strong> 67

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