Givic Project - Transport for NSW - NSW Government

Transportfor NSWDigital Train Radio SystemGivic ProjectDetermination ReportTransport Projects DivisionDate June 2013Status FinalAuthor TfNSWRef. no. 24'17097

ffilmru*.DrcTTAL TRAIN RADIO SìSTEMCIVIC PROJECTDETERMINATION REPORT1 lntroduction1.1 BackgroundTransport for NSW (TfNSW) is responsible for improving the customer experience oftransport services, transport policy and regulation, planning and program administration,procuring transport services, and infrastructure and freight.The Civic Base Transceiver Station is one of approximately 260 radio facilities which willbe constructed as part of the Digital Train Radio System (DTRS) to provide enhanced,efficient and reliable train communication.1.2 Civic Project Review of Environmental FactonsTfNSW, as the proponent for the Proposed Activity, undertook the preparation of anREF, which details the scope of works and environmental impacts associated with theproposal (Appendix l).The REF was prepared in accordance with Ihe Environmental Planning andAssessment Act 1979 (the EP&A Act) and clause 228 of Ìhe Environmental Planningand Assessment Regulation 2000.1.3 Purpose of this Determination ReportPrior to proceeding with the Proposed Activity, the Director-General of TfNSW (or hisdelegate) must make a determination in accordance with the EP&A Act.The objectives of this Determination Report are ts:. assess the environmental impacts with respect to the Proposed Activity, which aredetailed in the environmental impact assessmento identify mitigation measures to minimise potential environmental impacts¡ determine whether potential environmental impacts are likely to be sígnificanto address whether the provisions of the Commonwealth Environment Protection &Biodiversity Conseruation Act 1999 (EPBC Act) applies to the Proposed Activity.2 ConsultationConsultation about the REF was carried out between 18 March and 12 April 2013(inclusive). Letters were sent to approximately 650 premises, including retail andresidential premises, located within a 500 metre radius of the proposed location. Nearbyresidents, the school, and daycare centre were doorknocked.The REF was published on the Transport for NSW website where an online feedbackform was also available. Newcastle City Council was notified about the DTRS proposalfor Civic as was the member for the state electorate of Newcastle.No submissions were received about the proposed DTRS site at Civic.

ffil*run^DIGITAL TRAIN RADIO SISTEMCIVIC PROJECTDETERMINANON REPORTBoth the final REF and determination report for the Civic DTRS site are publiclyavailable on the Transport for NSW website.3 Consideration of Environmental lmpactsThe REF and Determination Report have been examined and considered, as follows:Environmental Planning and Assessment Act 1979The REF addresses the requirements of section 111 of the EP&A Act. ln consideringthe Proposed Activity, all matters affecting or likely to affect the environment areaddressed in the REF and the Determination Report and associated documentation.ln accordance with the checklist of matters contained in clause 228 of theEnvircnmental Planning and Assessment Regulations 2000.The likely significance of the environmental impacts of the Proposed Activity have beenassessed in accordance with the Department of Planning's best practice guideline 'ls anEIS Required?' and is not likely to significantly affect the environment (including criticalhabitat) or threatened species, populations of ecological communities, or their habitats.Environment Protætìon and Bìodivercity Conserualion Act 1999As part of the consideration of the Proposed Activþ, all matters ofnationalenvironmental significance and any impacts on Commonwealth land for thepurposes of the EPBC Act have been assessed. A summary of this is provided in theREF.It is considered that the Proposed Activity described in the REF is not likely to have asignificant impact on any Commonwealth land and is not likely to have a significantimpact on any NES matters.Protection oî the Envîronment Operations Act 1997The REF notes that the work will be undertaken in accordance with EnvironmentalProtection Licence (EPL) 12208. Following the transfer of management and control ofthe DTRS program from RailCorp to TfNSW it has since been c,onfirmed that the worksdo not require an EPL.Heritage Act 1977A component of the Proposed ActiviÇ will be undertaken within the curtilage of the Stateheritage listed Civic Railway Workshops. The REF identified that heritage exemption inaccorðance with section 57(2) of the Heritage Act is required from the Heritage Branch.Since the preparation of the REF, Agency-Specific Exemptions from Approvalfor NSWTransport- Rail?orp have been gazetted. ln accordance with ltem 2 and 6 of the NSWGovernment Gazette No. 57 Railâorp Exemptions from Approval or notífication undersection 57(1) of fhe NSW Heritage Act 1977 - Fíxed Assefs, the Proposed Activity is

ffil#ffs,trOIGITAL TRAIN RADIO SìtsTEMclvrc PRoJEgrDETERMINANON REFORTexempt from approval and notification under the Heritage Act. Therefore, an endorsedexemption from the Heritage Branch is no longer required.TfNSW has consulted with RailCorp and received confirmation that the ProposedActivity satisfies the requirements for RailCorp specific exemptions (refer Appendix 3).No further approval under the Heritage Act is required.4 Conditions of Approvallf approved, the Proposed Activity will be allowed to proceed subject to compliance withthe Conditions of Approval included in Appendix 2 of the Determination Report.5 ConclusionHaving regard to the assessments in the REF it is concluded that the Proposed Activityis not likely to significantly affect the environment (including critical habitat) orthreatened species, populations of ecological communities, or their habitats.Additionally, the proposed conditions of approval within this Determination Report wouldfurther strengthen the mitigation and management of key impacts of the ProposedActivity.It is also considered that the Proposed Activity does not trigger the approval regimeunder Part 3 of the EPBC Act.ln considering the environmental impacts, proposed mitigation and broader projectbenefits it is recommended that the Proposed Activity be approved. The approvalshould be subject to the mitigation measures within the Environmental lmpactAssessment (REF) and the Conditions of Approval contained in this DeterminationReport.

ENVIRONMENTAL IMPACT ASSESSMENTDigital Train Radio System - Givic ProjectREVIEW OF ENVIRONMENTAL FACTORS AND DETERMINAT]ON REPORTAPPROVALl, FIL CERONE, as delegate for the Deputy Director General, Transport for NSW:1. Have examined and considered the Proposed ActiviÇ in the Civic Project Review ofEnvironmental Factors and Civic Project Determination Report in accordance withsection 111 of the Erwironmental Planning andAssessment Act 1979.2. Determine on behalf of Transport for NSW (the Proponent) that theProposed Activity may be canied out in accordance with the Conditions of Approvalin the Determination Report, consistent with the proposal described in the CivicReview of Environmental Factors,FilCeroneA/Technical Director, Planning and Environment ServicesTransport for NSWOate: ,f/ ,/?/K