Environmental Impact Assessment · RTA Environmental Impact Assessment Guidelines, Version 4 Amendment Number Amendments Comments Date Chapter number Page number Heritage Register;

Environmental Impact Assessment

Policy

Guidelines

Procedures

RTA Environmental Impact Assessment Guidelines, Version 4

Title: Environmental Impact Assessment Policy, Guidelines and Procedures

Version Number: 4

Date of issue: April 2001

© 2001 Roads and Traffic Authority NSW ISBN 0 7313 0129 3 RTA/Pub. 01.047

Printed on recycled paper

Copies of this document can be obtained from: Environment Branch Regional Offices

The document is also available at: www.rta.nsw.gov.au

For further information, please contact: The Manager, Environmental Planning and Assessment Phone (02) 9218 6364.

Note: This document supersedes the RTA’s Environmental Impact Assessment Guidelines Version 3, September 1998.


READ THIS FIRST This is Version No 4 of the Environmental Impact Assessment Policy Guidelines and Procedures. All amendments to this document are made electronically and are placed on the RTA Internet and Intranet. Advice of the release of amendments is provided by e mail. If you wish to be placed on a mailing list for advice of amendments, please send a request to: [email protected]

mailto:[email protected]



General Amendment Register This is Version 4 of the RTA’s Environmental Impact Assessment Policy, Guidelines and Procedures.

This General Amendment Register will itself be re-issued every time amendments are made to this Manual.

(In addition, Appendix L of this Manual is subject to regular review. As a result, it has been decided to include a separate Appendix L Amendment Register at the beginning of Appendix L. The General Amendment Register contains all changes to Appendix L until April 2004. All changes to Appendix L after April 2004 are included in the Appendix L Amendment Register).

Amendment Number

Amendments Comments Date

Chapter number

Page number

0 ALL Release Issue of Version 4 4/01

1 App E E-2 Formatting correction 9/02

1 App L L-27 to L-32

Changed model brief, Cultural Heritage-Indigenous; and associated formatting changes

9/02

1 App L L 33-L 44 Changed model brief, Economic Assessment and associated page changes

9/02

2 Amendment register

3/03

2 Contents page

3/03

2 Abbreviations and glossary

of terms

Two additions 3/03

2 2 2-3 to 2-6 Additional policy directions and associated formatting

3/03

2 3 3-1 to 3-2 Expanded discussion on activities

3/03

2 5 5-1 to 5-13

Additional material on project objectives; heritage bridges; definition of activity; use of Model provisions and SEPP 4; other REPs and SEPPs; items on State

3/03


Amendment Number


Chapter number

Page number

Heritage Register; asset management issues; use of contractors; correspondence with NPWS; plus associated formatting.

2

6

6-1 to 6-26

Reflect changes to Threatened Species Conservation Act – SIS no longer automatically requires an EIS. Amendments to figures 2B, 2C and 3. Changes re exhibition of REFs; consideration of EISs. Additional material on SISs. Greater emphasis on use of iterative approaches. New sections on Preferred Activity Reports.

3/03

2 7 7-1 to 7-7 Amendments to Figures 4 and 5. Changes to process for seeking approval to modifications.

3/03

2 8 8-1 to 8-2 Cross reference change 3/03

2 9 9-1 to 9-2 Requirements for tracking compliance with conditions of approval.

3/03

2 12 12-3 to 12-4

New section on establishing objectives.

3/03

2 13 13-1 to 13-6


3/03

2 14 14-1 to 14-3


3/03

2 Appendix B B1 to B2 Addition of justification of the proposal.

3/03

2 Appendix G G1 to G2 Updated contents 3/03

2 Appendix I I-1 to I-2 Cross reference change 3/03

2 Appendix J J-7 to J-10 Reflect changes to Threatened Species Conservation Act – SIS no longer automatically requires an EIS.

3/03

2 Appendix K K-3 to K-4 New section on Preferred 3/03


Amendment Number


Chapter number

Page number

and K-7 to K-12

Activity Report; changes to example EIS advertisement; addition of example advertisements for Preferred Activity Reports and Approval of Projects

2

Appendix N

N-13

New section on permits under the EPBC Act

3/03

2 Index 3/03

3 Contents Addition of reference to Appendix O

4/04

3 7.2.2 7-3 to 7-9 Improved discussion of consistency with Conditions of Approval

4/04

3 Part E Title page Addition of reference to Appendix O

4/04

3 Appendix A A-45 to A-48

Addition of National Heritage Places to list of matters of national environmental significance

4/04

3 Appendix N N-1 to N-2 Addition of National Heritage Places to list of matters of national environmental significance

4/04

3 Appendix O O-1 to O-2 New appendix – model consistency report

4/04

3 Index 4/04

4 Throughout Various Updating of various terms / agency names / Ministerial titles (eg DUAP or PNSW to DIPNR); other minor corrections.

9/04

4 “Read This First” page

Amended instructions 9/04

4 General Amendment

Register

Changed title, expanded introduction.

9/04

4 7 7-5 Emphasis that new eia should be restricted to

9/04


Amendment Number


Chapter number

Page number

additional impacts; clarification of relationship with following sections.

4 Appendix K K10 to K-12

Change of address details, NSW Environment Centre

9/04

5 Various Changed “Director of Fisheries” to “Director-General of DPI”

5 Abbreviations and glossary

of terms

Two additions 6/05

5 1 1-4 Change “overview” to “preliminary environmental assessment”

6/05

5 3 3-2 New section 3.3 on types of environmental assessments

6/05

5 4 4-11 New section 4.5 on preliminary environmental assessments

6/05

5 5 5-1 Change “overview studies” to “preliminary environmental assessment”

6/05

5 5 5-13 New section on early consultation and consideration of environmental matters

6/05

5 6 6-1 Change of chapter heading 6/05

5 6 6-1 New section 6.1.2 on preliminary environmental assessments

6/05

5 6 6-3 Change of heading section 6.1.4 to include Representations Reports

6/05

5 6 6-5 to 6-7 Updating and changes to Figures 2A – 2C

6/05

5 6 6-9 Additional cross references to Appendices A and L

6/05

5 6 6-10 Additional information on Program REFs and Supplementary REFs

6/05

5 6 6-13 Additional information on role of REF assessing

6/05


Amendment Number


Chapter number

Page number

officer

5 6 6-14 Changes to staff with responsibility for deciding if a proposal should proceed

6/05

5 6 6-15 References to Preliminary Environmental Assessments

6/05

5 6 6-17 Expansion of note pertaining to seeking DG’s requirements

6/05

5 6 6-21 Address of DPI 6/05

5 6 6-22 New section 6.5.2.1 6/05

5 6 6-24 Expanded note to third dot point

6/05

5 6 6-28, 6-29 Change of name of section 6.5.3.6 and additional information on DIPNR Conditions of Approval Database. Additional note in section 6.5.3.7.

6/05

5 6 6-31 Changes to staff with responsibility for compliance reporting.

6/05

5 7 7-5 Consistent modifications to be advised to Environment Branch

6/05

5 7 7-5 Additional discussion on community involvement and notification

6/05

5 7 7-6, 7-8 Removal of detail on public exhibition and cross reference to this material in Appendix K

6/05

5 7 7-7 Figure 5 updating 6/05

5 8 8-3 Update Figure 6 6/05

5 8 8-6 Additional information on duration of consent

6/05

5 9 9-2 Additional information on interpretation of Conditions of Approval

6/05

5 12 12-1, 12-2 Changes to definitions and responsibilities

6/05

5 12 12-3 Cross reference to 6/05


Amendment Number


Chapter number

Page number

Appendix L (12.5.6)

5 12 12-4 Changes to 12.5.8, 12.5.9 6/05

5 13 13-5 New sections 13.5.15, 13.5.16, 13.5.18

6/05

5 15 15-2 Additional requirements for signature on SIS (15.5.2)

6/05

5 16 16-1, 16-2 Changes to definitions and responsibilities

6/05

5 16 16-4, 16-5 Changes to sections 16.6.2 to 16.6.6

6/05

5 17 17-2 Additional requirements for preparing tender documents (17.4.2)

6/05

5 Appendix A A-17 Change “Overview Studies” to “Preliminary Environmental Assessments”

6/05

5 Appendix A A-23 Additional cross reference to Appendix L

6/05

5 Appendix A A-46 Additional information on National Heritage Places

6/05

5 Appendix A A-47 Additional detail on Commonwealth land

6/05

5 Appendix B B-1 to B-9 Various changes to examples of Decision Reports

6/05

5 Appendix G G-1 and G-3, G-4

Change in format: Typical contents; Notes to assist

6/05

5 Appendix J J-2 Update Figure 8 6/05

5 Appendix J J-5 Addition of certification for SIS

6/05

5 Appendix J J-8 Clarification of relationship between SIS, REF and EIS

6/05

5 Appendix K K-9 New section K.8 6/05

5 Appendix K K-14 New example advertisement – proposed modifications to an approved project

6/05

5 Appendix L See Appendix L amendment register

6/05

5 Appendix N N-4 Update Figure 9 6/05


Amendment Number


Chapter number

Page number

5 Appendix N N-6, N-8 Referral of proposals affecting National Heritage Places

6/05

5 Appendix N N-9 Additional information on referrals

6/05

5 Appendix N N-11 Consideration of cumulative and indirect impacts

6/05


Foreword The RTA is committed to the principles of ecologically sustainable development in all of its activities. In relation to proposed road and bridge works, comprehensive environmental impact assessment, accompanied by extensive community involvement, is a crucial element in addressing the principles of ecologically sustainable development. Environmental impact assessment provides detailed information on environmental, economic and social issues and enables public discussion about a proposed activity before a decision is made on whether it should proceed. This manual sets out the RTA’s policy, guidelines and procedures for effective environmental impact assessment. Through its use, environmental impact assessment of proposed RTA activities should meet all legal requirements and contribute to continuous improvement in the RTA’s environmental management. I commend this manual to RTA staff. Paul Forward Chief Executive, Roads and Traffic Authority


Contents

Part A — Introduction

1. Introduction ..............................................................................................................................1-1 1.1 The purpose of environmental impact assessment ...................................................................1-1 1.2 RTA responsibilities for impact assessment ..............................................................................1-1 1.3 Objectives of this manual ...........................................................................................................1-2 1.4 Who should use this manual?....................................................................................................1-2 1.5 RTA environmental impact assessment in the broader perspective .........................................1-3

Part B — Policy

2. RTA policy on environmental impact assessment...............................................................2-1 2.1 Policy statement.........................................................................................................................2-1 2.2 Derivation and application of policy ...........................................................................................2-1 2.3 Policy directions .........................................................................................................................2-2

Part C — Guidelines

3. When must you assess environmental impact?...................................................................3-1 3.1 Statutory responsibility ...............................................................................................................3-1 3.2 Projects which require environmental impact assessment ........................................................3-1 3.3 Types of environmental impact assessment documents ...........................................................3-2 3.4 Environmental impact assessment and other RTA operations..................................................3-2 3.5 Projects which involve the private sector ...................................................................................3-2

4. Description of the four stages of environmental impact assessment and their interrelationships .....................................................................................................................4-1

4.1 Strategic stage ...........................................................................................................................4-2 4.2 Concept stage ............................................................................................................................4-5 4.3 Detailed assessment stage........................................................................................................4-8 4.4 Implementation stage...............................................................................................................4-10 4.5 Preliminary Environmental Assessments and the four stages of environmental impact

assessment ..............................................................................................................................4-11

5. Detailed assessment stage - REFs and EISs - What you should know before preparing an environmental impact assessment ........................................................................................5-1

5.1 Essential steps ...........................................................................................................................5-1 5.2 Other important information .......................................................................................................5-8

6. Detailed assessment stage - -Part 5 of the EP&A Act - Preliminary environmental assessments, REFs, EISs, Representations Reports and Species Impact Statements ...6-1

6.1 Most common assessments - Part 5 of the EP&A Act...............................................................6-1 6.2 Decision making process – Part 5 of EP&A Act.........................................................................6-4 6.3 Preliminary Environmental Assessment (PEA)..........................................................................6-8


6.4 Review of Environmental Factors (REF)................................................................................... 6-9 6.5 Environmental Impact Statements (EISs) and Species Impact Statements (SISs) ................ 6-15

7. Detailed assessment stage - REFs and EISs - Changing a project after determination.. 7-1 7.1 Nature of changes ..................................................................................................................... 7-1 7.2 Procedure to be followed........................................................................................................... 7-1

8. Detailed assessment stage - an EIS under Part 4 of the EP&A Act ................................... 8-1 8.1 Projects involved ....................................................................................................................... 8-1 8.2 How to prepare an EIS under Part 4 of the EP&A Act .............................................................. 8-2 8.3 Coastal wetlands – additional consultation requirements ......................................................... 8-4 8.4 Development consent................................................................................................................ 8-5 8.5 SISs under Part 4 of the EP&A Act ........................................................................................... 8-5 8.6 Commonwealth involvement in a Part 4 EIS............................................................................. 8-6 8.7 Alignment and design amendments after Council consent....................................................... 8-6 8.8 Duration of consent ................................................................................................................... 8-6

9. Implementation stage - what you should do after determination of the REF or EIS........ 9-1 9.1 Introduction................................................................................................................................ 9-1 9.2 Implementation Process............................................................................................................ 9-2 9.3 EMPs – General Requirements................................................................................................. 9-4 9.4 The Project Environmental Management Plan.......................................................................... 9-7 9.5 Tender Documents.................................................................................................................... 9-8 9.6 Tender Assessment / Selection of Contractor........................................................................... 9-9 9.7 Contractor’s Environmental Management Plan......................................................................... 9-9 9.8 Construction Monitoring and Auditing ....................................................................................... 9-9 9.9 Handover phase ...................................................................................................................... 9-10 9.10 Asset Management - Maintenance Activities .......................................................................... 9-11 9.11 Direct Control Works ............................................................................................................... 9-12

10. Additional statutory considerations.................................................................................... 10-1 10.1 Legal challenges under the EP&A Act .................................................................................... 10-1 10.2 Commissions of Inquiry ........................................................................................................... 10-2 10.3 Approvals, Licences and Permits ............................................................................................ 10-2

11. Conclusion............................................................................................................................. 11-1

Part D — Procedures

12. Procedure EIA 01 - Preparing and assessing a Review of Environmental Factors under Part 5 of the Environmental Planning and Assessment Act............................................. 12-1

12.1 Purpose ................................................................................................................................... 12-1 12.2 Scope ...................................................................................................................................... 12-1 12.3 Definitions................................................................................................................................ 12-1 12.4 Responsibilities........................................................................................................................ 12-2 12.5 Procedure ................................................................................................................................ 12-3


13. Procedure EIA 02 - Preparing and assessing an Environmental Impact Statement under Part 5 of the Environmental Planning and Assessment Act .............................................13-1

13.1 Purpose....................................................................................................................................13-1 13.2 Scope .......................................................................................................................................13-1 13.3 Definitions ................................................................................................................................13-1 13.4 Responsibilities ........................................................................................................................13-1 13.5 Procedure.................................................................................................................................13-2

14. Procedure EIA 03 - Preparing and assessing an Environmental Impact Statement for a designated development under Part 4 of the Environmental Planning and Assessment Act............................................................................................................................................14-1


15. Procedure EIA 04 - Preparing a Species Impact Statement under Parts 4 or 5 of the Environmental Planning and Assessment Act ...................................................................15-1


16. Procedure EIA 05 - assessing the environmental impact of a modified proposal under Part 5 of the Environmental Planning and Assessment Act .............................................16-1

16.1 Purpose....................................................................................................................................16-1 16.2 Scope .......................................................................................................................................16-1 16.3 Definitions ................................................................................................................................16-1 16.4 Responsibilities ........................................................................................................................16-2 16.5 Procedure A - REF...................................................................................................................16-2 16.6 Procedure B - EIS ....................................................................................................................16-3

17. Procedure EIA 06 - Implementing the environmental conditions after the determination .................................................................................................................................................17-1

17.1 Purpose....................................................................................................................................17-1 17.2 Scope .......................................................................................................................................17-1 17.3 Responsibilities ........................................................................................................................17-1 17.4 Procedure.................................................................................................................................17-2


Part E — Appendices

A. RTA’s proformas for REFs

B. Decision Reports - Examples

C. Clause 228(2) of EP&A Regulation, 2000

D. Schedule 2 of EP&A Regulation, 2000

E. EIS Summary Report – Example

F. Standard Forms

G. Representations Reports-

H. Amendments after determination - assessment and decision

I. Designated development

J. Threatened Species Conservation Act 1995, Fisheries Management Act 1994

K. Guidelines for advertising, exhibiting and distributing Part 5 assessments

L. Model Briefs for EIA preparation

M. Certification of Environmental Management Plan

N. Commonwealth Environmental Protection and Biodiversity Conservation Act 1999

O. Model Consistency Report


Abbreviations and glossary of terms

Activity This is broadly defined in the EP&A Act and includes virtually all physical undertakings of the RTA in construction and maintenance of roads and bridges.

CE Chief Executive

DEC Department of Environment and Conservation

DEH Department of Environment and Heritage (Commonwealth Government)

DIPNR Department of Infrastructure, Planning and Natural Resources

DPI Department of Primary Industries

DTRS Department of Transport and Regional Services (Commonwealth Government)

EIA Environmental impact assessment

EIS Environmental impact statement

EP&A Act Environmental Planning & Assessment Act, 1979

EP&A Regulation Environmental Planning & Assessment Regulation, 2000

EPBC Act Environment Protection and Biodiversity Conservation Act, 1999 (Commonwealth Government)

FM Act Fisheries Management Act, 1994

NES Matters Matters of national environmental significance

NPWS National Parks and Wildlife Service

NP&W Act National Parks and Wildlife Act, 1974

PAR Preferred Activity Report

PEA Preliminary environmental assessment

POEO Act Protection of the Environment Operations Act, 1997

REF Review of environmental factors

SEPP State Environmental Planning Policy

SIS Species Impact Statement

TSC Act Threatened Species Conservation Act, 1995

EIA Policy, Guidelines and Procedures

Part A

Introduction

Introduction

RTA Environmental Impact Assessment Guidelines, Version 4 1-1

1. Introduction

1.1 The purpose of environmental impact assessment The purpose of environmental impact assessment is to:

assess the impacts of a proposed activity on the environment before making the decision on whether to carry it out

develop and assess measures to avoid or minimise those impacts if it is decided to carry out the activity.

You should seek further advice from Regional environmental staff or Environment Branch if you need help with any aspect of environmental impact assessment as described in this manual.

1.2 RTA responsibilities for impact assessment The RTA’s responsibilities relating to environmental impact assessment stem from:

its commitment to minimise impacts on the natural and built environment, reflected in the RTA’s ‘The Journey Ahead’.

its statutory duty to examine and take into account all matters likely to affect the environment through its activities, as specified by several Acts at State and Federal levels.

1.2.1 Commitment to the environment The RTA’s commitment to the environment is expressed in ‘The Journey Ahead’ as:

“minimise impacts on the natural and built environment from road use and RTA activities.”

1.2.2 Statutory Responsibility The RTA’s statutory responsibility to consider and assess the impacts of its activities and to minimise their damage to the environment is imposed by several Acts. The Act which has the most significance is the Environmental Planning and Assessment Act, 1979 (EP&A Act) and includes the regulations made under that Act known as the Environmental Planning and Assessment Regulation, 2000 (EP&A Regulation).

Introduction

1-2 RTA Environmental Impact Assessment Guidelines, Version 4

The responsibilities imposed by the EP&A Act are very wide and are not limited in time. Thus the RTA has a continual duty to consider both the long and short term impacts of its activities on the environment. In addition, the Land and Environment Court has tended to place a stricter interpretation on a public authority’s responsibility to consider environmental impacts than it has placed on other bodies.

1.3 Objectives of this manual This Manual is intended to:

enable the RTA to achieve its corporate commitment and meet its statutory responsibility to the environment

develop consistency and maintain high quality in the preparation of environmental impact assessments within the RTA

assist RTA staff to undertake environmental impact assessments that assess impacts objectively and comprehensively

relate to project implementation and operation

help meet the need for training in environmental impact assessment.

This Manual should be read in conjunction with the Department of Infrastructure, Planning and Natural Resources’ EIS Guidelines, Section D: Roads and Related Facilities.

1.4 Who should use this manual? This Manual should be used by all staff who have responsibility for environmental assessment of projects. In most cases, that means staff who are responsible for project management, maintenance and/or environmental assessment.

Introduction


1.5 RTA environmental impact assessment in the broader perspective

This Manual is concerned with the environmental impact assessment of RTA project activities, including road and bridge maintenance and construction. Effective environmental impact assessment will only be achieved, however, in the context of comprehensive project development, from strategic planning to project operation and maintenance.

For RTA activities, environmental impact assessment can be considered in four stages, so this Manual is structured according to these four stages. All environmental impact assessment documents prepared by the RTA should also be structured to reflect these four stages.

Figure 1 on the next page shows these four stages and the project development documents which relate to them.

1.5.1 Strategic This is the broad framework which will affect and be affected by the proposal. It encompasses international, national, state, regional and/or local planning and environmental matters. This stage is a crucial component in establishing the need for the proposal in conjunction with the more operational traffic or safety concerns. It defines the framework for later stages and for assessing cumulative impacts.

1.5.2 Concept During this stage, you examine the options for satisfying the identified need and identify and select the preferred option.

1.5.3 Detailed assessment In this stage, you examine in detail the preferred option, its likely environmental impacts and proposed safeguards.

1.5.4 Implementation In the implementation stage, you establish how you will put into practice the proposed work including the environmental safeguards.

Community involvement is an important element of all stages of assessment. You should consult the RTA’s Community Involvement Practice Notes and Resource Manual.

Introduction


Figure 1: The four stages of environmental impact assessment

Stage

Related project development documents

Strategic

Concept

Detailed assessment

Implementation

Strategic planning documents such as :

Action for Transport 2010 Regional or Route Planning Strategies

Concept Report or Route Selection Study

Economic evaluation

Value Management Study or other option selection techniques

Preliminary Environmental Assessment

Review of Environmental Factors (REF)

Decision Report

Environmental Impact Statement (EIS)

Representations Report.

Environmental Management Plan

Environmental Specifications in tender documents

Project Completion Report

Audit documents.

Note: Other documents not directly related to project development may be

applicable, particularly in the Strategic Stage. These could include international, national, state, regional and local land use and planning documents, international treaties and strategic environmental studies.


Part B

Policy

Policy statement


2. RTA policy on environmental impact assessment

2.1 Policy statement The RTA’s policy on environmental impact assessment is:

To undertake the highest standard environmental impact assessments for all appropriate RTA activities in accordance with the requirements of relevant NSW and Federal legislation.

2.2 Derivation and application of policy The policy derives from the RTA’s responsibility for environmental impact assessment as discussed in Chapter 1.2.

It reflects the need for RTA staff not only to meet statutory requirements but also to strive for continuous improvement and the highest quality in their environmental impact assessment work.

It is difficult for documents such as this Manual to remain constantly up to date and to reflect highest current standards. While it is the intention to amend this Manual from time to time, this will not in itself ensure that it is always current. All staff involved in environmental impact assessment have a broader responsibility, in line with the policy statement, to ascertain and apply the highest current standards in environmental impact assessment.

In this regard, assistance is available from Regional environmental staff or from Environment Branch.

Policy statement


2.3 Policy directions In implementing the RTA’s environmental impact assessment policy, the following directions are to apply. These directions are not an inclusive list of environmental impact assessment requirements and do not address, for example, statutory requirements under various Acts. They provide a summary of RTA operational requirements only.

2.3.1 Procedures All procedures in Chapters 12-17 are to be followed.

2.3.2 Activities requiring environmental impact assessment Environmental impact assessment is to be undertaken for all RTA proposed activities as listed in Chapter 3.2.

2.3.3 Maintenance activities Standard maintenance activities are to be assessed on a regular basis. See

Chapter 5.2.2.1.

Other maintenance activities are to be assessed in a similar way to construction activities. See Chapter 5.2.2.2.

For maintenance by contract, requirements for environmental impact assessment are to be incorporated in contract requirements. The RTA is to assess the environmental impact assessment. See Chapters 5.2.2.4 and 9.10.3.

2.3.4 State, Regional and Local Roads For State Roads, the RTA is to determine whether Part 4 or Part 5 of the

EP&A Act applies and is to undertake the environmental impact assessment. For Regional and Local Roads, the Council is to undertake these matters. There are exceptions to this rule of thumb. See Chapter 5.2.3.

Funding is not to be released to Councils until appropriate environmental impact assessment procedures have been completed. See Chapter 5.2.3.

2.3.5 Referral to the Commonwealth A referral is to be made to the Commonwealth Department of Environment

and Heritage, seeking a determination from the Commonwealth Environment Minister on whether there is a significant impact under the Environment Protection and Biodiversity Conservation Act 1999, in the following circumstances:

If the proposed activity affects Commonwealth land

If you consider that the proposed activity has, will have or is likely to have a significant impact on NES matters

If you are unsure whether the proposed activity has, will have or is likely to have a significant impact on NES matters.

Policy statement


A copy of any referral is to be provided to the Director-General of the DIPNR.

Advice on any referral is to be provided to the Manager Environmental Planning and Assessment in Environment Branch.

See Chapter 5.2.1 and Appendix N.

2.3.6 Property issues All property implications arising from REFs and EISs are to be discussed with the Regional Property Manager. See Chapter 5.2.5.

2.3.7 Asset management issues All maintenance implications arising from REFs and EISs are to be discussed with the Regional Asset Manager. See Chapter 5.2.6.

2.3.8 Correspondence with National Parks and Wildlife Service Correspondence with the NPWS (DEC) on proposed activities involving an EIS is to be signed by the Chief Executive or a Director. See Chapter 5.2.8.

2.3.9 Seeking requirements for an EIS or SIS RTA staff are to sign letters to the Director-General of the DIPNR seeking the requirements for an EIS. Similarly, RTA staff are to sign letters to the Director-General of the DEC or to the Director-General of the DPI seeking requirements for an SIS. These letters are not to be signed by a contractor. See Chapters 5.2.7, 6.5.1.5 and 15.5.2.

2.3.10 EIA Contractors If a contractor is engaged to prepare an environmental impact assessment ,

RTA Professional Services Agreement (Non Construction) is to be used. See Chapter 5.2.7.

A disclaimer or limitations statement in a contractor’s environmental impact assessment is not to be accepted. See Chapter 5.2.7.

A contractor who prepares a REF or EIS/SIS is not to assess the REF or EIS/SIS. See Chapter 5.2.7.

A contractor is to provide written certification that at the time of accepting the contract for preparation of the environmental impact assessment document, it had no contractual interest in the construction and/or operation of the proposed activity. See Chapter 5.2.7.

Certification of a REF by a contractor is to be countersigned by the RTA officer who commissioned the REF, indicating that the REF is accepted by the RTA. ‘Electronic signatures’ are not acceptable. See Chapter 6.4.1.5.

It is not acceptable for contractors with a contractual interest in the project to prepare the Project Environmental Management Plan. See Chapter 9.4.2.

Policy statement


2.3.11 EIA and other RTA activities The responsible RTA officer is to ensure that the REF is completed in a timely

manner and referred to the assessing officer prior to commencement of work. No work is to commence until the REF has been assessed and a written Decision Report has been issued. See Chapter 6.4.1.3.

No actions are to be undertaken that could be perceived as pre-empting the decision on whether a proposed activity can proceed. See Chapter 3.4.

2.3.12 Comment from Environment Branch Any draft REF which is to be exhibited publicly and all draft EISs are to be

referred to Environment Branch for comment. Only final drafts are to be referred. Two copies should be provided. Sufficient time is to be allowed to enable comments from Environment Branch to be recorded and any necessary changes to be made. See Chapters 6.4.1.6, 65.1.4 and 65.2.3.

If comments are being sought from the office of the Minister for Roads, all liaison is to be directed through the General Manager, Network Development or the General Manager, Infrastructure Maintenance as appropriate. See Chapter 6.5.1.4.

2.3.13 Preferred Activity Report When the consideration of representations to an EIS results in modifications being proposed to the proposed activity, a Preferred Activity Report is to be prepared as part of the Representations Report. The PAR is to be publicly exhibited as soon as possible after the approval of the Minister for Infrastructure and Planning has been sought. See Chapters 65.2.6 and 6.5.3.5.

Policy statement


2.3.14 Conditions of approval Conditions to project approval are to be integrated into detailed design, tender

documents, tender assessment, construction management, maintenance and auditing. See Chapter 9.1.1

A database and reporting mechanism are to be established for each major project to monitor and report on compliance with conditions of approval. See Chapter 9.2.

2.3.15 EMPs An Environmental Management Plan is to be prepared for all projects. See

Chapter 9.2.

An Environmental Management Plan is to refer back to the REF or EIS and their assessment. It is to use / reflect conditions to project approval. See Chapter 9.3.3.

When a single EMP is prepared, it is to be certified by the Project Manager and the Regional Environmental Adviser. See Chapter 9.3.5.

When a Project Environmental Management Plan is prepared, it is to be certified by the Project Manager and the Regional Environmental Adviser. See Chapter 9.3.5.

When a Contractor’s Environmental Management Plan is prepared, it is to be reviewed by the Project Manager and the Regional Environmental Adviser. See Chapter 9.3.5.

No construction works are to commence until the Contractor’s Environmental Management Plan is submitted and the Superintendent releases the Hold Point. See Chapter 9.7.1.

The Contractor’s Environmental Management Plan is to be subject to the same quality assurance and audit procedures as other aspects of the project. See Chapter 9.8.

Policy statement


2.3.16 Tenders / Contracts RTA Model Specification G35 or G36 (or, in the case of single invitee

contracts, G 34) is to be prepared for each contract. See Chapter 9.5.2.

Environment is to be a specific tender assessment, criterion. See Chapter 9.6.

Tender assessment panels are to include or have access to appropriate environmental expertise. See Chapter 9.6.

2.3.17 Project completion Environmental undertakings are to be listed in the checklist of items in the

post completion inspection. See Chapter 9.9.2.

In issuing the Certificate of Practical Completion, the environmental undertakings requiring rectification are to be included. The issuing of the final certificate is to be preceded by an environmental compliance check certified by the Project Manger to confirm that the environmental undertakings in relation to construction have been completed satisfactorily. See Chapter 9.9.2.

The Project Completion Report is to include an Environmental Management section covering both the status of construction undertakings and operations and maintenance undertakings from the Project Environmental Management Plan. This Report is to specify ongoing works required. See Chapter 9.9.3.

2.3.18 Maintenance Service delivery quality systems are to include standard procedures to address

environmental undertakings. See Chapter 9.10.1.

Any project specific maintenance requirements are to be linked with standard maintenance management plans and systems. See Chapter 9.10.2.

The monitoring and auditing procedures of the service delivery quality systems are to include the environmental aspects of both project specific and standard maintenance activities. See Chapter 9.10.2.

Performance specified maintenance contracts and single invitee maintenance contracts are to include appropriate environmental requirements. Documentation accompanying the tender documents is to advise tenderers that the selected contractor will be required to prepare a Contractor’s Environmental Management Plan for the work as part of their Quality Plan and that possession of the site will not be granted until this has been completed. See Chapter 9.10.3.

2.3.19 Direct control works Direct control construction and maintenance are to be subject to similar project environmental management procedures as contract works. See Chapter 9.11.


Part C

Guidelines


3. When must you assess environmental impact?

4. Description of the four stages of environmental impact assessment and their interrelationships

5. Detailed assessment stage - REFs and EISs - What you should know before preparing an environmental impact assessment

6. Detailed assessment stage - REFs and EISs - Preparing REFs, EISs and Representations Reports under Part 5 of the EP&A Act

7. Detailed assessment stage - REFs and EISs - Changing a project after determination

8. Detailed assessment stage - an EIS under Part 4 of the EP&A Act

9. Implementation stage - what you should do after determination of the REF or EIS

10. Additional statutory considerations

11. Conclusion

When must you assess environmental impact?


3. When must you assess environmental impact?

3.1 Statutory responsibility The RTA has a statutory responsibility under the NSW Environmental Planning and Assessment Act (EP&A Act) to consider the impacts of its activities on the environment. The environmental impact assessment process helps the RTA fulfil this responsibility. It provides a means whereby:

the RTA, affected communities and other interested persons can identify, understand and assess the likely effects of proposed activities on the environment

the RTA can make decisions about proposed activities in an environmentally sensitive manner, assuming an assessment of environmental impact is undertaken competently and meets community expectations.

3.2 Projects which require environmental impact assessment

Most RTA activities require environmental impact assessment. Unless otherwise specified, you should assume that environmental impact assessment is required for:

construction of new roads, bridges and related infrastructure by, or on behalf of, the RTA

associated major geotechnical and surveying investigations

provision of road safety and traffic management facilities

rehabilitation and maintenance activities that involve the use of land or the carrying out of a work.

reconstruction and improvement of existing infrastructure

quarries and gravel pits

concrete batching plants

crushing, grinding or separating works

bitumen pre mix or hot mix industries.

If there is any doubt whether an activity requires environmental assessment, you should seek advice from Regional environmental staff or Environment Branch.

When must you assess environmental impact?


RTA activities may include works on classified roads carried out by other parties, such as private developers. Fort example, road construction or installation of traffic management facilities by private developers as works associated with adjoining development may require environmental impact assessment by the RTA. For further advice consult the RTA Land Use Development Assessment Guidelines or Regional environmental staff.

3.3 Types of environmental impact assessment documents

The RTA uses three main types of environmental impact assessment documents:

Preliminary Environmental Assessments. These might be called Environmental Overviews, Preliminary Environmental Investigations, or Environmental Risk Assessments.

Reviews of Environmental Factors.

Environmental Impact Statements.

The main related documents include Species Impact Statements, REF Decision Reports and EIS Representations Reports.

3.4 Environmental impact assessment and other RTA operations

Before a decision is made on whether to proceed with a proposed activity, you should not start any activities such as clearing earthworks or construction, that could be perceived as pre-empting the outcome of the REF, EIS or SIS.

General planning and design activities can proceed, including land acquisition, as these do not directly affect the environment and can be considered to be at the RTA’s risk, pending the final decision on the proposed activity.

Operations such as surveying and geotechnical investigation may be undertaken to the extent that they are necessary to assist in the final decision on whether to proceed with the proposed activity. However, their effect on the environment should be carefully assessed to ensure that they do not in themselves result in significant impacts, e.g. clearing bushland for test boreholes. A separate environmental impact assessment may be necessary for such activities.

3.5 Projects which involve the private sector An increasing number of activities involve the private sector in design, construction and/or operation.

In terms of environmental impact assessment, these proposed activities should be treated no differently from those which remain wholly within the control of the RTA. The RTA is the proponent in terms of the EP&A Act. A much clearer, publicly and commercially acceptable position is achieved when the preparation of the EIS is the responsibility of the RTA and not the private sector.

The four stages of environmental impact assessment


4. Description of the four stages of environmental impact assessment and their interrelationships

This Chapter aims to place consideration of project environmental impact assessment within a broader project development process. Environmental considerations are an important part of decision making from initial strategic planning through to project operation and even into decommissioning / demolition. This Chapter demonstrates the linkages between these different aspects of project development and provides guidance on how they can be reflected in formal environmental impact assessment documents.

This approach to environmental impact assessment ensures that full and accurate information is provided to the community and to decision makers on all relevant environmental decisions affecting the proposed activity, whether they relate to the activity’s strategic setting, its concept development and options assessment, the detailed environmental impacts of the preferred option and environmental management proposals to ensure that all environmental requirements arising from this process are met.

This approach is reflected in a formal sense in the proformas for Reviews of Environmental Factors (See Appendix A). People preparing Preliminary Environmental Assessments and EISs are also encouraged to adopt this logic in providing comprehensive information on all environmental aspects relevant to the proposed activity.



4.1 Strategic stage

4.1.1 Defining strategic environmental impact assessment Strategic environmental impact assessment involves identifying and evaluating the likely environmental impacts of policies, programs and strategies. It is an area which is receiving increasing attention, as questions about the environmental impacts of particular proposed activities often relate to much broader land use and transport planning issues and their environmental implications.

4.1.2 Relationship between strategic and project environmental impact assessment

Strategic and project environmental impact assessments are related, but each concentrates on a different level of activity.

For example, strategic environmental impact assessment examines the likely environmental impacts of a regional transport study. A project environmental impact assessment reports on the findings of the regional transport study, including its environmental impacts, but concentrates on a detailed assessment of the particular project.

4.1.3 Why the strategic stage must be incorporated in REFs and EISs

4.1.3.1 Public concern Many public comments on proposed activities are concerned with broader land use and transport planning issues, and their environmental impact. Because of this, it is essential that REFs and EISs acknowledge and address these strategic issues.

In some instances, for example, this might involve a discussion of different possible transport modes.

By addressing these issues at the Strategic Stage and at the Detailed Assessment Stage, relating cumulative impacts of the proposed activity back to these issues, you will produce a much stronger REF or EIS. The proposed activity will be in less danger of being questioned on the basis that it has not given adequate consideration to its role in broader environmental impacts at the local, regional, state or even national and international levels.

4.1.3.2 Ecologically sustainable development The relationship of the proposed activity to the principles of ecologically sustainable development (ESD) is likely to be easier to identify and describe in terms of strategic environmental issues.

4.1.3.3 Cumulative impacts The cumulative impacts of the proposed activity cannot be adequately addressed in the REF or EIS unless the activity can be related to the broader strategic issues.



4.1.3.4 Need and justification The need for a proposed activity usually cannot be established comprehensively unless you identify its relationship to the broader strategic framework, in addition to more immediate traffic, road safety or environmental / economic / social issues. This also applies to the justification for the proposed activity, having regard to biophysical, economic and social considerations and the principles of ESD.

4.1.4 How to incorporate the strategic stage in REFs and EISs

4.1.4.1 Context While Chapter 4.1.1 discussed strategic environmental impact assessment, it is important that the strategic issues that REFs and EISs address are not restricted to environmental issues. Rather, they should discuss the land use and transport planning policies, programs and strategies within which the proposed activity has been developed, as well as their environmental impacts, to the extent that this information is available.

Typical matters you should consider are:

National Strategy for Ecologically Sustainable Development

ESD Working Groups - Final Report - Transport

National Greenhouse Response Strategy

International treaties and agreements, eg World Heritage Agreement, international treaties on migrating species

Strategic land use and transport planning documents and any strategic environmental impact assessments that constitute part of those documents, or that have been prepared in response to them. See, for example:

environmental issues raised in regional environmental studies

Action for Transport 2010

Action for Air

Department of Infrastructure, Planning and Natural Resources Metropolitan Strategy.

Generally, it is not the role of the REF or EIS to undertake strategic land use or transport planning and strategic environmental impact assessment. It is their role to report upon the policies, programs and strategies and any related studies and apply them to the proposed activity.

4.1.4.2 Aims The aims of the Strategic Stage are to provide in the first major section of the REF or EIS:



a summary of the strategic background to the proposed activity—land use planning, transport, economic, safety and environmental issues

a discussion on the broad, non-project specific, environmental issues that impinge on the proposed activity, eg ecologically sustainable development, climate change, non-localised air quality

a basis for later discussion of cumulative impacts of the proposed activity

the broad strategic component of project need and the background to its justification in social, economic and biophysical terms and in relation to the principles of ESD.

4.1.5 Community involvement in the strategic stage Community involvement is as important in the strategic stage as in all other stages of environmental impact assessment. However, in relation to most of the matters considered at this stage, the community involvement will usually have occurred before preparation of the more project specific REF or EIS. It should be reported in to the REF or EIS as part of the overall discussion of strategic issues.

However, it is possible in the early stages of a community involvement program tailored to the particular REF or EIS that additional strategic issues will be raised. In this case, you should include any relevant issues that arise and apply them to the proposed activity as appropriate.

4.1.6 The need for the proposed activity In relation to project need, you should include the broad strategic component with more particular traffic, road safety or environmental issues. In this way, you can conclude the first major section of the REF or EIS with the need for the proposed activity well articulated in relation to any broader planning and environmental issues. The REF or EIS can then proceed to examine how to best meet that need.

If you cannot establish a need for the proposed activity, you should re-examine its relationship to strategic and more particular issues and consider whether it should be abandoned or substantially amended.

4.1.7 Relationship to later stages of the REF or EIS Initially, in the Concept Stage, you examine the options to meet the identified need. Then in the Detailed Assessment Stage you assess the preferred option in detail. The Implementation Stage discusses the proposals for ongoing environmental management of project implementation and operation. Chapters 4.2, 4.3, 4.4 and 4.5 discuss these stages.



4.2 Concept stage

4.2.1 Defining the concept stage The Concept Stage of environmental impact assessment is when, having established the need for a proposed activity, you address ways to satisfy that need.

It consists of selecting and examining all feasible options and concludes when you identify the preferred option. Normally, this occurs as part of route selection and concept design.

Note: The concept stage is concerned with assessment of options. It is at this stage that the major environmental decisions are often made and it is crucial that adequate information is available. It is essential that appropriate environmental specialists contribute to the option selection and concept design.

4.2.2 Why the concept stage must be incorporated in REFs and EISs

4.2.2.1 Public concern Many of the public comments on proposed activities are concerned with the reasons for selecting the preferred option. Because of this, it is essential that REFs and EISs demonstrate:

that all feasible options have been examined

that all relevant factors, including environmental factors, have been part of the decision making process

how the decision on the preferred option was made.

4.2.2.2 Selecting the best option Before you can perform the detailed assessment of the preferred option, it is essential that the preferred option can be confidently considered as the best option. This is possible only if the options have been examined adequately and all relevant information, including environmental information, has been considered. The discipline which is imposed by the need to report on this process—the REF and EIS—helps to ensure that this occurs.

4.2.3 How to incorporate the concept stage in REFs and EISs

4.2.3.1 Context Generally, it is not the role of the REF or EIS to select and examine the options for a proposed activity. Their role is to report on this process and to demonstrate that the best option was chosen as the preferred option.



4.2.3.2 Aims The aims of the Concept Stage are to provide in the second major section of the REF or EIS:

a summary of how all relevant environmental, economic and social factors have been considered when selecting and examining options.

Note: It is not sufficient to demonstrate that options have been selected on the basis of financial or engineering constraints and their likely environmental impacts subsequently examined. It is essential that environmental, economic and social constraints are all part of the initial selection process.

details of the selection process used—for example, multi criteria analysis, planning balance sheet—and how environmental, economic and social factors were considered in that process.

Note: It is essential to demonstrate that tools such as road user cost benefit analysis or Value Management have not been used in a way that has relegated environmental factors to a subsidiary role to, for example, financial factors. Such tools are to be used to assist in the decision making process. They are not to be used to make the decision. In relation to economic analysis, you should consult the RTA’s Economic Analysis Manual.

reasons for selecting the preferred option

identification of the preferred option.

4.2.4 Community involvement in the concept stage A substantial element of project focused community involvement programs should be directed to the concept stage, in accordance with procedures and techniques in the RTA’s Community Involvement Practice Notes and Resource Manual.

This part of the community involvement program might include, for example:

Planning Focus meetings

Community Focus meetings

contact with government agencies and interest groups

brochures / newsletters

focus groups / consultative committee

Value Management studies

community representation on project teams



The aims of community involvement at the concept stage are:

provision of information on the strategic background to and the identified need for the proposed activity

(if this has not occurred previously) feedback from the community in relation to the strategic background and identified need

identification of all issues and constraints to project development / option selection

provision / receipt of information concerning route / alignment options

development of options and selection of preferred option on the basis of all relevant information

development of the proposed activity in an open partnership with the community.

4.2.5 Relationship to later stages of the REF or EIS If you achieve the aims outlined in Chapter 4.2.3, you can conclude the second major section of the REF or EIS with the identification of the preferred option. The REF or EIS can then proceed to the detailed assessment of that preferred option—the Detailed Assessment Stage. Chapter 4.3 discusses this stage.

If you cannot demonstrate that the aims outlined in Chapter 4.2.3 have been achieved, you should re-examine the proposed activity and consider whether it should be abandoned or substantially amended; or whether a more rigorous option selection and assessment process should be applied.

Following the detailed assessment, the REF or EIS should discuss how the environmental safeguards and mitigating measures will be introduced, monitored and maintained in the Implementation Stage. Chapter 4.4 discusses this stage.

In relation to more complex and/or controversial proposed activities, additional community involvement may be advisable prior to preparation of the REF or EIS itself. This might include, for example, the preparation and public exhibition of Preliminary Environmental Assessments studies and the consideration of public representations, to assist in identifying issues and developing project options. You should consult the RTA’s Community Involvement Practice Notes and Resource Manual.



4.3 Detailed assessment stage

4.3.1 Defining the detailed assessment stage The Detailed Assessment Stage of environmental impact assessment is the formal documentation of the RTA’s examination and consideration of the likely environmental impacts of its proposed activities—that is, REFs and EISs.

4.3.2 Why the detailed assessment stage must be incorporated in REFs and EISs

This stage is the heart of the REF or EIS. It is made up of:

the detailed description of the project

the examination and consideration of its likely impact on the environment

a discussion of environmental safeguards and mitigating measures that are proposed to address those environmental impacts.

4.3.3 How to incorporate the detailed assessment stage in REFs and EISs

These matters are covered in detail in Chapters 5 and 6.

4.3.4 Community involvement in the detailed assessment stage This stage should include a major part of the community involvement program in accordance with procedures and techniques included in the RTA’s Community Involvement Practice Notes and Resource Manual. In relation to EISs, it also includes statutory requirements for community involvement.

Typical community involvement activities might include, for example:

community workshops / displays / meetings

newsletters

discussions with individuals / focus groups / consultative committee

public exhibition of REF / EIS.

Statutory requirements for advertising and exhibiting an EIS and considering public representations are discussed in Chapters 6.5.1 and 6.5.2.

4.3.5 Relationship to other stages of the environmental impact assessment

The assessment of REFs and EISs results in a decision on whether a proposed activity should proceed. Accordingly, the Implementation Stage will not be initiated unless the decision is in favour of proceeding (although proposals for environmental management through the implementation stage need to be addressed in the REF or EIS).



This Manual concentrates mainly on preparing and assessing REFs and EISs. As emphasised throughout this Manual , the REFs or EISs must also demonstrate that they adequately consider the other stages of environmental impact assessment.

REFs and EISs should be structured to reflect the four stages of environmental impact assessment. They must report the information gained in the Strategic and Concept Stages and indicate how the environmental safeguards and mitigating measures will be introduced, maintained, monitored, rectified and evaluated through the Implementation Stage.



4.4 Implementation stage

4.4.1 Defining the implementation stage Environmental impact assessment does not end with the preparation and assessment of a REF or EIS. As detailed design, letting of contracts, construction, handover and operation of the project all proceed, the environmental safeguards and mitigating measures arising out of the REF or EIS must be introduced, maintained, monitored, rectified and evaluated.

The Implementation Stage of environmental impact assessment covers all of these processes.

4.4.2 Why the implementation stage must be incorporated in REFs and EISs

If environmental safeguards and mitigating measures are to be implemented successfully, they need to be related back to a source document where these very safeguards and mitigating measures are developed and described. That source document is the REF or EIS.

Conversely, the REF or EIS must acknowledge and describe the implementation process intended so that its assessment can be made in the knowledge that implementation will in fact occur if the proposed activity proceeds.

4.4.3 How to incorporate the implementation stage in REFs and EISs

4.4.3.1 Context The REF or EIS should describe in the greatest possible detail the environmental safeguards and mitigating measures proposed. To the greatest extent possible, the environmental safeguards and mitigating measures described in the REF or EIS should reflect standard provisions in the RTA Model Specifications, including Specifications G35 or G36 (or, for single invitee contracts, G34). This will provide the basis for the later development of a more detailed Project Environmental Management Plan and an environmental specification in tender documents.

The REF or EIS should report the process that will be undertaken to ensure the implementation of environmental safeguards and mitigating measures as the proposed activity proceeds.

4.4.3.2 Aims The aim of the Implementation Stage is to describe in the fourth major section of the REF or EIS the process that will be used to ensure implementation of the proposed environmental safeguards and mitigating measures if the proposed activity proceeds.



Typically, this can be achieved by:

preparing an Environmental Management Plan

including the requirements from the environmental impact assessment and the Environmental Management Plan in tender documents

monitoring and auditing projects in relation to the Environmental Management Plan.

4.4.4 Community involvement in the implementation stage In many projects, community involvement may need to be continued through construction and, less commonly, even into operation. Typical activities may include:

appointment of a community liaison officer / group and / or a project liaison group

provision of information to residents / businesses etc on commencement of various construction stages

informal contacts between construction staff and residents / businesses etc

continuing contact with relevant agencies (eg licensing agencies) and other interested organisations.

4.4.5 Relationship to earlier stages of the REF or EIS If you achieve the aims outlined in Chapter 4.4.3, you can conclude the fourth major section of the REF or EIS by demonstrating how the environmental impact assessment of the proposed activity will have a real effect on the environmental management of the project if it proceeds to construction and operation.

4.5 Preliminary Environmental Assessments and the four stages of environmental impact assessment

Preliminary Environmental Assessments assist in identifying major environmental issues and risks. As such, they will not usually consider a proposed activity in the same structured manner as discussed above for REFs or EISs. However, they should consider such matters where it is appropriate to the scope of the particular document.

The detailed assessment stage of REFs and EISs – what you should know


5. Detailed assessment stage - REFs and EISs - What you should know before preparing an environmental impact assessment

5.1 Essential steps In preparing any environmental impact assessment, these essential steps must be undertaken:

Establish the objectives of the proposed activity.

Establish the need

Assess the options and select the preferred option (the proposed activity)

Define the activity

Check the zoning

Undertake the assessment

Establish the link to environmental management measures.

As noted in Chapter 4, community involvement is an important element of all of these steps. You should consult the RTA’s Community Involvement Practice Notes and Resource Manual. In the case of more complex and/or controversial proposals, additional community involvement may be advisable – for example, the preparation and public exhibition of Preliminary Environmental Assessments.

5.1.1 Establish the objectives The objectives of the proposed activity lay the foundation on which the environmental impact assessment is based.

When later considering the justification for carrying out the proposed activity, either RTA environmental staff orf DIPNR staff will examine how well the environmental impact assessment has demonstrated that the project objectives will be met in relation to the environmental impacts expected.

For this reason, substantive thought and effort needs to be applied to establishing relevant and meaningful objectives, particularly for larger or more sensitive projects.



Project objectives should:

Be determined in conjunction with relevant staff, agencies, organisations and the community as appropriate

Be as comprehensive and measurable as possible

Relate to outcomes expected of the proposed activity

Include environmental and urban design objectives.

5.1.2 Establish the need See Chapter 4.1.

You must establish the “fit” of the proposed activity with strategic issues.

You must establish the need for the proposed activity– why this proposal is needed now – in relation to both strategic and more immediate traffic, road safety or environmental / economic / social issues.

Need may not be as simple a concept as first imagined. Draw back from project imperatives and look objectively at the situation. For example, a narrow initial analysis might determine that a new bridge and approaches are required but broader consideration might result in a somewhat different definition of need, such as an improved river crossing. This difference can have quite an influence on subsequent consideration of options. The former approach might pre-determine a preferred option for demolition of the existing bridge, while the latter might result in a broader assessment of options including retention and upgrading of the existing bridge. This can be a critical difference when consultation is undertaken and perhaps approval is required from other agencies.

5.1.3 Assess the options See Chapter 4.2.

You must look at all possible options to address the identified need. You must be able to demonstrate that the selection of the preferred option has been made on the basis of an objective comparative analysis which has considered all relevant economic, environmental and social constraints. Also see the note in Chapter 5.1.4.



5.1.4 Define the activity It is essential that all relevant details of the proposed activity are included in the project description. This should include:

The correct ‘packaging’ of the activity– for example, is the activity a bridge demolition, or is the more accurate and inclusive ‘package’ a new bridge and approaches with a consequent impact on the existing bridge (which may or may not mean demolition, depending on the consideration of options)? See the note below.

All relevant associated activities, such as batch plants, work compounds, stockpiles, geotechnical and surveying investigations, loop cutting. This should include as much information as possible. If the sites are not likely to be determined until closer to construction, the activities can still be included and assessed by indicating the most likely sites for these activities, as well as areas where they would not be established. The typical environmental impacts of such activities can be discussed, together with typical or industry standard mitigating measures and environmental management measures that would be adopted. If it is possible at this stage, any site specific impacts can be identified as well. This will ensure that an approval covers the associated activities and that they will not have to be assessed separately at a later date, with possible consequences for project delay.

Note: If replacement of a heritage bridge is proposed, particular requirements apply in relation to definition of the proposed activity and assessment of options. You should define the activity as an improved crossing rather than a bridge replacement and demonstrate a structured assessment of options which starts from the position of retaining the existing bridge. For more detail, see the RTA Heritage Guidelines.



Associated activities that might otherwise come within the definition of designated development under Part 4 of the EP&A Act (and hence requiring a separate development application and EIS under Part 4 – see Appendix I) can be assessed under Part 5 provided it is established that they are an integral part of the proposed activity. For example, a new quarry or pit that would be defined as a designated extractive industry if a “stand alone” development can be incorporated as part of the proposed activity under Part 5 provided it is being established for the sole purpose of providing material to these works only. If you have any doubt about whether you can include such matters in your project definition, you should seek advice in the first instance from Regional environmental staff.

Known safeguards and mitigating measures. This can allow the consideration of the significance of impacts to be undertaken in cognisance of those measures and might in some circumstances avoid the need for an EIS. An iterative process might be necessary before the activity to be assessed is finally defined – for example, examination of an initial proposal might reveal environmental impacts of potential significance which can be avoided, minimised, mitigated or compensated by changes to the proposal and/or its environmental safeguards and mitigating measures. With the subsequent inclusion of those measures as an integral part of the project description, a case may be able to be made that the proposal inclusive of those measures is unlikely to have a significant impact. Provided that this position can be properly established, therefore, there may be the opportunity to avoid preparation of an SIS and/or EIS and treat all relevant issues in an REF. While this opportunity exists, however, caution is required, for the following reasons:

it would necessitate early examination of environmental impacts and comprehensive project description to include all relevant mitigation measures. This might require more detailed environmental investigations at an earlier stage than currently occurs.

it places great importance on the logic of the discussion in the REF in relation to the iterative process undertaken to identify and ameliorate potential impacts.

there may be other reasons for undertaking an EIS, even if a case could be made not to in accordance with the discussion above (for example, political requirements, public perception, the wish to ensure greater community involvement).

See also Chapter 6.5.1.9.



5.1.5 Check the zoning Having defined the activity, your next action should always be to check the zoning for the area in which the activity will be carried out. This will largely determine whether or not you are able to undertake an REF or EIS under Part 5 of the EP&A Act.

The activity will be:

prohibited; or

permitted with consent; or

permitted without consent

If the activity is prohibited under the zoning, it cannot be carried out unless other action is taken to remove the prohibition. You should obtain advice from Regional environmental staff or Environment Branch.

If the activity is permitted with consent, Part 4 of the EP&A Act will apply. This requires submission of a development application, usually to the local Council.

If the activity is permitted without consent, Part 5 of the EP&A Act will apply. This will be the case with most RTA activities.

Part 4 of the EP&A Act will normally apply only to those activities that are designated development. In these cases, a development application must be made to Council, and it must be accompanied by an EIS prepared under Part 4 of the EP&A Act.

Designated development involves activities listed in Schedule 3 of the EP&A Regulation. Those that usually concern the RTA are quarries and gravel pits which:

produce over 30,000 cubic metres of material per year; or

disturb more than two hectares of land; or

are located within certain areas specified in Schedule 3 of the EP&A Regulation. More information on Schedule 3 is provided in Appendix I.

In addition, proposed activities affecting coastal wetlands under SEPP 14 or littoral rainforests under SEPP 26 fall within the provisions of designated development. They require a development application and EIS to be submitted to Council under Part 4 of the EP&A Act.

EISs under Part 4 of the EP&A Act are discussed in Chapter 8.

Part 5 of the EP&A Act will normally apply to all other proposed activities. In addition to roadworks, this will usually include concrete batching plants, aggregate crushing plants and bitumen pre mix and hot mix industries. These works, when established temporarily for a particular activity, should be included in the Part 5 assessment of that activity and not as a separate activity.



There are some instances where the RTA undertakes a Part 5 assessment but still requires development consent under Part 4 for particular elements. This can apply, for example, if it is proposed to demolish a heritage item identified in Council’s LEP.

You can obtain advice on this question from Regional environmental staff or Environment Branch.

5.1.6 How you check the zoning Environmental impact assessment in NSW operates under the requirements of the EP&A Act. It is part of the planning process for the proposed activity and is subject to basic land use planning requirements of the EP&A Act.

The primary planning control for land use in NSW is the zoning of land. It is the zoning that will determine whether the proposed activity is:

prohibited

permitted with consent

permitted without consent.

In most cases, the Council’s Local Environmental Plan (LEP) will establish the zoning of the land proposed to be affected.

You should check the LEP map to see which zones the proposed activity affects. You should then check the LEP clause which lists the zones and the uses that are prohibited or permitted with or without consent.

This is the process that you should follow:

If the LEP zoning clause indicates that roads are permitted without consent, consideration of the proposed activity can proceed in accordance with the requirements of Part 5 of the EP&A Act. No further consideration need be given to whether or not a development application under Part 4 is required. See Chapter 6.1.

If the LEP zoning clause indicates that roads are permitted with consent:

You should first check whether the LEP has a “savings” provision (either by adoption of Clause 35 [Schedule 1, paragraph 8] of the Environmental Planning and Assessment Model Provisions or inclusion of a similar clause). If it does, and subject to the limitations of that clause, the consent requirement will be effectively overridden. In these cases the consideration of the proposed activity can proceed in accordance with the requirements of Part 5 of the EP&A Act. No further consideration need be given to whether or not a development application under Part 4 is required. See Chapter 6. However, you should always be aware that:

The savings provision of Clause 35 (Schedule 1, paragraph 8) of the Model Provisions is generally applicable only to works within an existing road reserve or a LEP reservation.

If a similar clause is adopted in the LEP it might vary from the Model Provisions clause.

If Clause 35 (Schedule 1, paragraph 8) of the Model Provisions does not apply, you can check whether paragraph 6 applies. This can similarly result in overriding the consent requirement.



If in any doubt, you should consult Regional environmental staff.

If the LEP does not adopt a “savings” provision, it is still possible that you will not need a development application and development consent under Part 4 of the EP&A Act.. Usually the provisions of Clause 11C of State Environmental Planning Policy No 4 (Development Without Consent) will apply, effectively overriding the requirement for consent. In these cases the consideration of the proposed activity can proceed in accordance with the requirements of Part 5 of the EP&A Act. See Chapter 6.

the provisions of Clause 11C of State Environmental Planning Policy No 4 (Development Without Consent) do not apply in all circumstances:

They do not override the requirements of SEPP 14 (Coastal Wetlands) or SEPP 26 (Littoral Rainforest). If the proposed activity affects areas covered by these SEPPs, Part 4 designated development requirements apply and a development application and EIS will be required. See Chapter 8.

They do not apply to the alteration or addition to or the extension or demolition of a building or work which is listed on an environmental planning instrument (LEP, REP, SEPP) as a heritage item, or is located within a heritage conservation area or is located within a foreshore, harbour or beach scenic protection area.

They do not apply to land which is reserved for an exclusive use under an environmental planning instrument, or to land which a public authority may be required to acquire under an environmental planning instrument.

If the provisions of Clause 11C of SEPP 4 do not apply, Part 4 of the EP&A Act will apply and you will need to submit a development application to Council for those affected parts of the proposed activity, even if the activity is generally considered under Part 5. If in any doubt, you should seek advice from Regional environmental staff or Environment Branch.

If the LEP zoning clause indicates that roads are prohibited, you should:

check the remainder of the LEP for any general clause that permits roads, regardless of the zoning provision

check if the LEP has a “savings” provision (either by adoption of Clause 35 of the Environmental Planning and Assessment Model Provisions or inclusion of a similar clause).

If you are satisfied that roads are prohibited, seek advice from Regional environmental staff or Environment Branch regarding options available. Generally, the proposed activity will be able to proceed only if:

the affected land is rezoned; or

special provision is made, such as inclusion in SEPP 63 (Major Transport Projects) or preparation of a separate enabling SEPP; or

a development application is submitted and is called in for consideration by the Minister for Infrastructure and Planning.



Additionally, you should check if any other State Environmental Planning Policy or Regional Environmental Plan applying to the land has any provisions in relation to development consent. If they do, you need to consider those provisions; as necessary in relation to the Environmental Planning and Assessment Model Provisions and SEPP 4; to decide whether the proposed activity is permissible without consent, permissible with consent, or is prohibited.

In most cases, the consideration of zoning will result in the proposed activity requiring environmental impact assessment under Part 5 of the EP&A Act. More detailed information on Part 5 REFs and EISs is provided in Chapters 6 and 7. Information on EISs required under Part 4 is provided in Chapter 8.

Questions as to whether a proposed activity is subject to Part 4 development application and development consent or Part 5 environmental impact assessment and approval can be quite complicated. If in any doubt, consult Regional environmental staff.

5.1.7 Undertake the assessment Undertake the environmental impact assessment in accordance with statutory requirements and RTA policy and procedures as set out in this Manual.

5.1.8 Establish the link to environmental management – address the implementation stage

See Chapter 4.4.

Regardless of whether you undertake a Part 4 or a Part 5 environmental impact assessment, you must outline the environmental management measures that would be put in place to ensure that the environmental safeguards and mitigating measures arising from the environmental impact assessment would be introduced, maintained, monitored, rectified and evaluated. This will usually take the form of an Environmental Management Plan(s). See Chapter 9.

5.2 Other important information

5.2.1 Environment Protection and Biodiversity Conservation Act 1999

RTA environmental impact assessments are prepared in accordance with NSW requirements under the EP&A Act. However, the introduction of the EPBC Act has resulted in the need to consider matters of Commonwealth interest in all RTA environmental impact assessments.

In most cases, that consideration is likely to result in the conclusion that no further action is required in relation to the EPBC Act and that environmental impact assessment can proceed in accordance with NSW requirements alone. However, in those cases where further action is required in relation to Commonwealth interests, the REF or EIS will usually be the vehicle which addresses those matters, in addition to NSW requirements. Appendix N summarises Commonwealth requirements and their relationship with NSW REFs and EISs. There is also information to assist REF preparation in Appendix A.



5.2.2 Maintenance Activities As noted in Chapter 3.2, rehabilitation and maintenance activities that involve the use of land or the carrying out of a work also require environmental impact assessment. This applies equally to maintenance by the RTA and by contractors (including single invitee maintenance contracts).

REFs for maintenance activities are subject to the same requirements for preparation, assessment and decision as REFs for construction activities. This applies regardless of whether maintenance is being undertaken by direct control or by contract.

The environmental impact assessment of maintenance activities focuses on four areas:

standard maintenance activities

larger or non standard maintenance activities that occur on an irregular basis (eg rehabilitation works)

ongoing maintenance commitments arising from the environmental impact assessment of a construction activity

maintenance by contract.

5.2.2.1 Standard maintenance activities Standard maintenance activities need to be assessed on a regular basis. (For example, “generic” or “activity specific” REFs might be prepared and assessed annually for each major road or bridge maintenance activity or a single generic REF might be prepared annually covering a number of standard and repetitive activities.)

This approach has two advantages:

it ensures environmental assessment of major maintenance activities

it ensures that maintenance staff remain aware of the environmental implications of their activities and consider how environmental performance might be improved.

5.2.2.2 Larger or non-standard maintenance activities Larger or non-standard activities, or those that occur on an irregular basis, are better treated more like standard construction projects, with their own individual REF and assessment.

5.2.2.3 Ongoing maintenance commitments in construction activity EIA In some cases, specific ongoing maintenance requirements for a construction activity may be identified and assessed as part of the environmental impact assessment for that construction activity. These need to be reflected in maintenance management plans and systems.

5.2.2.4 Maintenance by contract Environmental requirements may need to be specified in the contract, together with other provisions to ensure the inclusion of environmental issues in areas such as quality management, auditing, reporting and verification.



REFs for maintenance activities prepared by a contractor must be:

countersigned by the RTA’s Superintendent of the contract

assessed and approved by the RTA using standard procedures. See Chapters 6 and 12.

Maintenance issues are also discussed in Chapter 9.1.2 and 9.10.

5.2.3 State, Regional and Local roads Arrangements with Councils for the approval and/or funding of construction and maintenance on State, Regional and Local roads have implications for the RTA’s environmental assessment responsibilities. These matters are being examined in relation to possible changes to the Roads Act. In the meantime, the general position to be adopted is:

For State roads, the RTA must determine whether the proposed activity is subject to the provisions of Part 4 or Part 5 of the EP&A Act. The RTA should also manage the preparation, assessment and decision on the environmental impact assessment.

For Regional and Local roads, the Council should determine whether the proposed activity is subject to Part 4 or Part 5 of the EP&A Act. The Council should also manage the preparation, assessment and decision on the environmental impact assessment.

Where Councils are carrying out works which require the approval of the RTA; or for which funding from the RTA is required to enable the works to be carried out; Councils must certify compliance with the requirements of the EP&A Act, as specified in section C.09 of “Arrangements with Councils for Road Management”.

Traffic control facilities should be treated in the same way as roadworks, with one exception. Any proposal for construction, erection, installation, maintenance, repair, removal or replacement of a traffic control light on any State, Regional or Local road should be treated as follows:

if the works are to be undertaken by the RTA, the RTA should determine whether Part 4 or Part 5 of the EP&A Act applies. The RTA should also manage the preparation, assessment and decision on the environmental impact assessment.

if the works are to be undertaken by Council, the Council should determine whether Part 4 or Part 5 of the EP&A Act applies. The Council should also manage the preparation, assessment and decision on the environmental impact assessment. A copy should be provided to the RTA for its separate assessment and decision.

5.2.4 Items on the State Heritage Register If the proposed activity will result in matters listed in Section 57(1) of the Heritage Act 1977 (these include demolish, damage, move, or alter) in relation to an item listed on the State Heritage Register, you must obtain the approval of the NSW Heritage Council before you can finalise the REF or EIS.



Section 63 of the Heritage Act obliges the Heritage Council to refuse approval for demolition of an item listed on the State Heritage Register unless it considers that the building or work constitutes a danger to the users or occupiers of that building or work, or the public; or it can apply a condition of approval that the building or work be relocated. For more details, consult the RTA Heritage Guidelines or seek advice from Regional environmental staff.

5.2.5 Property Issues All property implications arising from REFs and EISs must be discussed with the Regional Property Manager. In addition, the report on property impacts should always be prepared by the Regional Property Manager. The report should:

Identify the total number and types of properties affected.

(Rural properties) Estimate the total area affected generally and by agricultural classification.

Include a plan identifying property impacts.

Note: - Generally, information such as owner’s name, property name, major existing and proposed uses need not be included unless this information is important to the discussion of impacts.

Discuss proposed actions regarding acquisitions, compensation, demolitions or alterations.

Note: - a short statement only should be provided, to the effect that acquisition would be undertaken in accordance with the RTA’s Acquisition Policy and compensation would be in accordance with the Land Acquisition (Just Terms Compensation) Act 1991. A copy of the RTA’s Policy should be included as an Appendix.

Discuss other property issues (for example, acquisition and management of compensatory habitat); advertising of Levels; undetermined land claims under the NSW Aboriginal Land Rights Act 1983; Native Title claims under the Commonwealth Native Title Act 1993).

Identify possibilities / opportunities / potential difficulties for the use, transfer or disposal of residues.

Identify any mitigating measures.

Note: – Consider the cost effectiveness of possible mitigating measures before including specific commitments. For example, do not include specific commitments such as stock underpasses if the value of the severed land is likely to be less than the cost of the underpass. If necessary, include a commitment to provide particular mitigating measures subject to examination of cost effectiveness and negotiation with the affected owner, with an additional undertaking to purchase the entire severed portion if no cost effective solution can be found.



5.2.6 Asset management issues All maintenance implications arising from REFs and EISs must be discussed with the Regional Asset Manager.

5.2.7 Use of contractors to prepare environmental impact assessment documents

Because of the requirements of the EP&A Act, the responsibility for preparing REFs, EISs, SISs and Representations Reports rests with the RTA (subject to the discussion in Chapter 5.2.3 regarding State, Regional and Local Roads).

The actual preparation of these documents, however, is often undertaken by private contractors. The quality of the EIS can depend on contractual and/or management relationships established with the private contractor. Some matters to consider are:

Early appointment of the contractor, to enable greatest knowledge of and involvement in the development of the proposed activity.

Collaborative approaches including the involvement of the contractor in all aspects of project development, including team formation and development of project scope.

Different contractual and partnering arrangements to ensure an integrated team approach with greatest use of RTA, contractor and sub contractor skills and RTA direction as appropriate into subcontractors to be used.

Appropriateness of EIA only contracts against other arrangements such as concept design/EIA/community involvement contracts.

In this regard:

A contractor is not to request the requirements of the Director-General of the DIPNR for an EIS, or the requirements of the Director-General of the DEC or the Director-General of the DPI for an SIS. These requests must come from the RTA.

A contractor who prepares a REF or EIS/SIS must not also assess the REF or EIS/SIS. In the case of an EIS, the contractor who prepares the EIS must not also prepare the Representations Report.

The RTA does not accept disclaimers or limitations statements which compromise the contractor’s responsibilities for the provision of accurate information or advice.

All contractors are to provide a written certification that at the time of accepting the contract for preparation of the environmental impact assessment document, they had no contractual interest in the construction and/or operation of the proposed activity.

When the matters considered in REFs or EISs are complex and/or controversial, peer review of contractors’ reports should be considered.



5.2.8 Correspondence with the National Parks and Wildlife Service

Correspondence to the NPWS (DEC) on proposed activities involving an EIS is to be signed by the Chief Executive or a Director. Similarly, correspondence from the NPWS on such proposed activities is to be signed by the Director-General of the DEC or by a DEC Director. If you receive correspondence from other NPWS staff in relation to an EIS you can request that it be reissued by the Director-General or a Director.

5.2.9 Early consultation and consideration of environmental matters

Project development and environmental impact assessment will be more effective if an understanding of environmental constraints, issues and potential impacts is gained as early as possible; and similarly if agency and community involvement are undertaken as early as possible. This can help to focus the discussion and might lead to shorter and more relevant environmental impact assessment documents.

For example, this might include early involvement of the community and other agencies in planning focus meetings, value management workshops or other planning mechanisms. If possible, the aim is to achieve community and agency “buy in” to the proposed activity in its earliest stage. See Chapters 4.1 and 4.2. Similarly, it might include Preliminary Environmental Assessments and constraints mapping. See Chapters 4 and 6.1.2.

This early work will pay dividends, for example, when seeking Director-General’s requirements for an EIS. See Chapter 6.5.1.5.

The detailed assessment stage of REFs and EISs – Preparing REFs, EISs and Representations Reports


6. Detailed assessment stage - -Part 5 of the EP&A Act - Preliminary environmental assessments, REFs, EISs, Representations Reports and Species Impact Statements

6.1 Most common assessments - Part 5 of the EP&A Act

6.1.1 General duties Where Part 5 of the EP&A Act applies to a proposed construction or maintenance activity, the RTA must:

examine and take into account to the fullest extent possible all matters affecting or likely to affect the environment by reason of that activity (Section 111 EP&A Act).

establish whether or not an EIS, or an SIS, or both are required for the activity (Section 112 EP&A Act).

To fulfil these duties, the RTA usually prepares one or more of the following environmental impact assessment documents:

Review of Environmental Factors

Environmental Impact Statement

To assist in its project development and environmental impact assessment more generally, the RTA also might prepare a Preliminary Environmental Assessment.

6.1.2 Preliminary environmental assessments (PEAs) There are no statutory requirements for the preparation of preliminary environmental assessments (PEAs). However, they can provide valuable information on environmental issues, constraints and/or risks that apply to a proposed activity and can facilitate later project development, environmental impact assessment and relationships with other agencies and the community.

PEAs are discussed in detail in Chapter 6.3.



6.1.3 Reviews of environmental factors (REFs) To fulfil its general duties under Part 5, the RTA usually:

Prepares a review of environmental factors (REF)

Assesses the REF

Decides, on the basis of the assessment, whether or not an EIS or an SIS, or both, are required. If an EIS or SIS is not required, the RTA decides whether the proposed activity should proceed and subject to what conditions of approval.

REFs are discussed in detail in Chapter 6.4 and Appendix A.



6.1.4 Environmental Impact Statements (EISs) and Representations Reports

A Part 5 EIS is required for a proposed activity which is “likely to significantly affect the environment”.

To fulfil this duty, the RTA:

Prepares and exhibits the EIS.

Considers the EIS, public representations and any other relevant matters and prepares a Representations Report.

Decides whether it wishes to seek approval from the Minister for Infrastructure and Planning for the proposed activity.

If the Chief Executive decides not to seek approval from the Minister for Infrastructure and Planning, a determination is made to this effect. If the Chief Executive decides to seek approval from the Minister for Infrastructure and Planning and the Minister for Infrastructure and Planning does not approve the carrying out of the proposed activity, it does not proceed. If the Minister for Infrastructure and Planning approves the carrying out of the proposed activity, the Chief Executive of the RTA:

Determines whether to proceed.

EISs are discussed in detail in Chapter 6.5. The assessment and decision making process after exhibition of an EIS (including Representations Reports) is discussed in Chapter 6.5.2 and 6.5.3.

6.1.5 Species Impact Statements (SISs) A SIS is required for a proposed activity that:

affects critical habitat of flora or fauna; or

has a significant effect on threatened species, populations or ecological communities or their habitats.

A SIS may be required in relation to threatened terrestrial flora and/or fauna under the Threatened Species Conservation Act, 1995; or in relation to threatened aquatic flora or fauna under the Fisheries Management Act, 1994. A separate SIS would be required under each Act; that is, if both threatened terrestrial species and threatened aquatic species were significantly affected, two separate SISs would be required.

An EIS is not required if the only significant impact of a proposed activity is its impact on critical habitat; or on threatened species, populations or ecological communities or their habitats. That is, it is possible to have a SIS accompany a REF. However, in this circumstance, it will still be necessary to seek the approval of the Minister for Infrastructure and Planning for the carrying out of the proposed activity. For further advice, consult Regional environmental staff.



Preparation, exhibition and assessment of a SIS follows the same course as an EIS, as discussed above. However, if an SIS has been prepared:

the Chief Executive seeks the concurrence of the Director-General of the DEC (terrestrial species) or the Director-General of the DPI (aquatic species) after making the decision to seek the approval of the Minister for Infrastructure and Planning but before seeking their approval. The Director-General of the DEC (terrestrial species) or the Director-General of the DPI (aquatic species) considers the SIS and the RTA’s assessment in deciding whether to grant concurrence to the proposal.

If the Director-General of the DEC and/or the Director-General of the DPI does not grant concurrence, the proposed activity cannot proceed.

If the Director-General of the DEC and/or the Director-General of the DPI grants concurrence, the proposed activity can proceed, subject to the approval of the Minister for Infrastructure and Planning.

SISs are discussed in detail in Chapter 6.5 and Appendix J.

6.2 Decision making process – Part 5 of EP&A Act Figures 2A, 2B and 2C set out the environmental impact assessment process under Part 5 of the EP&A Act.



Figure 2ARTA's Environmental Impact Assessment under Part 5 of the EP&A Act

from concept development to REF/EIS

Zoning Prohibits Proposal?

Council Consent Required?

Seek advice from Regional Environmental Staff or Environment Branch.

Part 4

Assess REF: Significant Impact?

Assess REF:Critical Habitat?

Threatened Species Affected?

Determine REF

Significant Impact on Threatened Species?

SISEIS

Activity may proceed

Activity may proceed subject to

modifications and conditions

Activity may not proceed

YES

YES

NO

NO YES

YES

NO

See Figure 8

NO

NO

YES

Prepare REF

Proposal Concept Development

See Figure 2B

Preliminary Environmental

Assessment



Figure 2BRTA's Environment Impact Assessment Procedures under

Part 5 of the EP&A Act from EIS preparation to submission to DIPNR

EIS (from Figure 2A)

Requirements for EIS D-G DIPNR (Requirements for SIS D-G DEC and/or

D-G DPI

Prepare EIS (& SIS)

Exhibit EIS (and SIS) and send copies to DIPNR (&DEC/DPI)

Public Review and Representations

(SIS) Representations to DEC Representations to DIPNRRepresentations to DEC(EPA)

(only if scheduled activity under POEO Act)

Consideration of EIS (and SIS), representations and other relevant

matters and preparation of Representations Report

Section 119 Public Inquiry Recommendations

See Figure 2CCE Decision whether to seek

approval

CE decides not to seek approval

CE decides to seek approval

Seek concurrence of D-G of DEC and/or D-G DPI

See Figure 2C


Activity may proceed

Submission to DG of DIPNR, seeking approval of Minister

for Infrastructure and Planning

Does DG(s) concur?

See Figure 2C

See Figure 2C

NO YES

SIS No SIS

Exhibition of Preferred Activity Report



Figure 2CRTA's Environmental Impact Assessment Procedures under Part 5 of the

EP&A Act from submission to DIPNR to Public Notification

Submission to DIPNR

(from Figure 2B)

Report from DG DIPNR to Minister for Infrastructure and

Planning

Minister approves the proposal?

Section 119 Public Inquiry

Recommendations (from figure 2B)

CE's decision not to proceed on the basis of Representations Report

(from Figure 2B)

(SIS) DG of DEC does not concur (from Figure

2B)

CE determines not to proceed


Activity may proceed in

accordance with approval

Public Notification

CE's determination

NO YES

See Figure 7 and Appendix K



6.3 Preliminary Environmental Assessment (PEA)

6.3.1 PEA Preparation and Use

6.3.1.1 What is a PEA? “Preliminary environmental assessment” is a general term that is applied to various documents. Typically, it might be called “Preliminary Environmental Investigation”, “Environmental Overview” or “Environmental Risk Assessment”.

6.3.1.2 Why is a PEA prepared? A PEA is prepared to provide early information on likely environmental issues, constraints and/or risks applying to a proposed activity. Its purpose is to assist in later project development, agency and community involvement and more formal environmental impact assessment documentation. It may assist in helping to achieve a REF or EIS (and associated Director-General’s requirements) that is more focused on the issues of greatest importance; and hence shorter.

6.3.1.3 When is a PEA prepared? A PEA is prepared early in the project development process, usually at the strategic or concept stage and before option selection.

6.3.1.4 Who prepares a PEA? Responsibility for preparation of a PEA rests with the person with direct project responsibility. This would be, for example, the Project Manager, Asset Manager, Maintenance Engineer or Bridge Maintenance Engineer.

Assistance can be provided by Regional environmental staff. The work of PEA preparation may be carried out in whole or part by the RTA or private contractors.

6.3.1.5 PEA Format Format will vary, depending on the nature of the document and the scope of the assessment. Appendix A and Appendix L provide some guidance on the type of information that might be included for various matters covered in a PEA, but the focus of the PEA will remain on constraints, issues and risks.



6.4 Review of Environmental Factors (REF)

6.4.1 REF Preparation

6.4.1.1 Why is a REF prepared? A REF is an internal RTA document prepared to:

satisfy the RTA’s obligations under Section 111 of the EP&A Act

provide a basis for making the decision on whether an EIS is required in accordance with Section 112 of the EP&A Act

provide a basis for making the decision on whether an SIS is required in accordance with Section 112 and, if necessary, Section 5A of the EP&A Act

provide a basis for consideration of matters of national environmental significance and Commonwealth land in accordance with the EPBC Act.

6.4.1.2 When is a REF prepared? A project REF is normally prepared in conjunction with or after the concept report, or at the initiation of the proposed activity. It might be influenced by, and build on, a Preliminary Environmental Assessment (see Chapter 6.3). Program REFs, (for example, for standard maintenance activities) are prepared annually.

6.4.1.3 Who prepares a REF? Responsibility for preparation of a REF rests with the person with direct project responsibility. This would be, for example, the Project Manager, Maintenance Engineer or Bridge Maintenance Engineer (see Procedure EIA 01 in Chapter 12).

Assistance can be provided by Regional environmental staff. The work of REF preparation may be carried out in whole or part by the RTA, private contractors or by a local Council acting as a contractor to the RTA. See Appendix A for general information concerning matters to be included in REFs. See Appendix L for a set of model briefs. These have been prepared to be applicable to the project development process leading to and including an EIS. However, they may also be applicable to larger REFs or even to specific subject areas in smaller REFs.

The responsible RTA officer is to ensure that the REF is completed in a timely manner and referred to the assessing officer prior to commencement of work. No work is to commence until the REF has been assessed and a written Decision Report has been issued and approved.

6.4.1.4 REF format REFs can vary considerably in format, depending on the complexity of the issues being considered. At present, there are two proformas to assist in preparing them. See Appendix A for the proformas and accompanying information concerning matters to be included.

The REF proformas are designed to provide the information required by the assessing officer when deciding whether the proposed activity is likely to significantly affect the environment.



While the proformas are a good basis for assessing most activities, Project Managers may wish to choose another format, while still working within the requirements of the EP&A Act and Regulation. Whatever format is used, the REF must contain an assessment of environmental impacts that is appropriate to the proposed activity and is in accordance with the matters for consideration under Clause 228 of the EP&A Regulation. See Appendices A and C. It must also identify and consider any relevant Protection of the Environment Policy introduced under the Protection of the Environment Operations Act, 1997.

It should not be assumed that all large proposals require complex assessments and small proposals simple assessments. The extensiveness of the REF will depend on the complexity of the environmental impacts of a proposed activity, irrespective of its size.

In addition to the REF proformas, Program REFs have been developed to address certain regular or standard activities. You should seek advice from Regional environmental staff.

Supplementary REFs may need to be considered when changes are proposed to activities for which an earlier REF has been prepared. These may be tailored to the particular changes and associated impacts but you should seek advice in the first instance from Regional environmental staff.

6.4.1.5 What happens after a REF is completed? The person who prepared the REF must certify that it meets the requirements of Section 111 of the EP&A Act.

This certification can be signed by a private contractor (or Council officer) if this is applicable. “Electronic signatures” are not acceptable. The REF should be countersigned by the regional officer who commissioned the REF, to indicate that he or she accepts the REF on behalf of the RTA. Appendix A has an example of the certification required.

The certified REF should then be passed to the assessing officer.

6.4.1.6 Public exhibition A REF is not a public document and need not be exhibited. However, sometimes it is good practice for a REF to be exhibited, especially if there is considerable community interest in the project. If a REF is also made available for public purchase, the cost is not to exceed $25. Privacy conditions apply to public representations. For further information see Appendix K.



In relation to REFs that are to be publicly exhibited:

All drafts are to be thoroughly edited by the REF contractor.

Regional environmental staff are to consider the edited draft in partnership with Development or Asset staff and as appropriate:

Other RTA staff (for example, Property staff).

The REF contractor and subcontractors.

Other agencies and organisations

Once an agreed final draft has been completed, it is to be sent to Environment Branch and other corporate Branches as appropriate for comment. Two copies of the main volume are to be provided to Environment Branch.

It is acknowledged that practicalities such as tight time constraints or the need for specialist advice occasionally may require that early drafts are provided to corporate offices. This should occur only when absolutely necessary.

Sufficient time needs to be allocated for consideration by Regional environmental staff and inclusion of any necessary changes. Similarly, sufficient time needs to be allocated for receipt of comments from Environment Branch (usually two weeks) and subsequent inclusion of changes to the REF prior to exhibition.



6.4.2 REF Assessment

6.4.2.1 Why are REFs assessed? REFs are assessed:

to assist the RTA to decide whether the proposed activity is “likely to significantly affect the environment” within the meaning of Section 112(1) of the EP&A Act:

If the proposed activity is “likely to significantly affect the environment”, then an EIS must be prepared for the activity in accordance with Part 5 of the EP&A Act.

If the proposed activity is not “likely to significantly affect the environment”, the RTA may make the final decision on the project.

to assist the RTA identify and assess the impacts of a proposed activity on: critical habitat; threatened species, populations or ecological communities or their habitats (both terrestrial and aquatic):

If the proposed activity affects critical habitat or significantly affects threatened species, populations or ecological communities or their habitats, then an SIS must be prepared for the activity in accordance with Sections 109-113 of the TSC Act (terrestrial species); and/or Sections 221J and 221K of the FM Act (aquatic species). If an SIS is required, an EIS will also be required.

If the proposed activity does not affect critical habitat; and does not significantly affect threatened species, populations or ecological communities or their habitats, then the RTA may proceed to make the final decision on the activity, pending the results of its REF or EIS.

See Appendix J for more details on SISs and the TSC Act.

to assist the RTA in deciding whether the proposed activity might have a significant impact on matters of national environmental significance, or on Commonwealth land.

If the RTA considers that the proposed activity would not have a significant impact on NES matters or on Commonwealth land, the RTA may proceed under NSW requirements, without further reference to the Commonwealth.

If the RTA considers that the proposed activity will have a significant impact on NES matters or on Commonwealth land; or is uncertain; it must refer the matter to the Commonwealth Department of Environment and Heritage, seeking a determination from the Commonwealth Environment Minister as to whether there is a significant impact.

6.4.2.2 Who assesses a REF? Responsibility for assessment of a REF rests with Regional environmental staff.

No REF should ever be assessed by the person under whose responsibility the REF was prepared.



6.4.2.3 What does the assessing officer do? The assessing officer prepares a Decision Report which:

assesses the likely significance of the impacts of the proposed activity in accordance with Section 111 of the EP&A Act and DIPNR’s best practice guidelines Is an EIS Required? ; and, if necessary, Section 5A of the EP&A Act

considers other matters in Section 111 of the EP&A Act concerning agreements and plans of management under the National Parks and Wildlife Act 1974 and the Threatened Species Conservation Act 1995; and impacts on wilderness areas

addresses the matters in clause 228 of the Environmental Planning and Assessment Regulation 2000

considers the likely significance of impacts on matters of national environmental significance and Commonwealth land

assesses how adequately the REF addresses appropriate matters to ensure that all potential impacts and safeguard measures have been included

confirms whether the results of any community involvement have been properly included and considered in the REF

recommends whether an EIS and/or SIS is required

details conditions to approval, including measures to be incorporated in a Project Environmental Management Plan and tender documents.

Appendix B includes examples of Decision Reports.

To the greatest extent possible, conditions to approval should be couched in the same language as RTA Model Specifications, including Specification G34, G35 or G36. At all times, the Decision Report should state conditions as specifically as possible, to assist in their translation into tender documents. To assist in this, all Decision Reports are to include a commitment that the Project Environmental Management Plan will develop the conditions to approval in the detail necessary to ensure that they are adequately reflected in contract documents.

Typically, the following environmental impacts are more likely to be significant:

impacts which are extensive relative to the receiving environment

impacts in an area where the environment has low resilience

impacts which cannot be predicted with any confidence

impacts which are inconsistent with RTA or other government policies; or for which there are no other adequate government controls

impacts with irreversible health or safety implications

impacts which are inconsistent with community values.

The assessing officer should request additional information as necessary from the officer responsible for preparing the REF to ensure that sufficient and correct information is provided for the recommendation to be made on whether an EIS and/or SIS is required. If the assessing officer is uncertain about any matter concerning the decision on likely significance of impacts, support can be sought from Environment Branch and/or other RTA staff as appropriate. While the recommendation remains the responsibility of the assessing officer, it can refer to the concurrence of other RTA staff consulted.



If the assessing officer concludes that the REF has adequately addressed all likely environmental impacts and that the likely effect on the environment:

will not be significant, the activity can proceed

will be significant, an EIS is required.

If the assessing officer concludes that the REF has adequately addressed all likely impacts on critical habitat and threatened species, populations or ecological communities and that the proposal: will not affect critical habitat; or will not have a significant impact on threatened species, populations or ecological communities or their habitats (in terms of Section 5A of the EP&A Act); the activity can proceed.

will affect critical habitat; or will have a significant impact on threatened species, populations or ecological communities or their habitats (in terms of Section 5A of the EP&A Act); an SIS is required.

These conclusions will be subject to any additional action required in accordance with the EPBC Act. See Appendix N.

6.4.3 REF Decision Responsibility for deciding:

whether an EIS and/or SIS will be undertaken

whether the proposed activity can proceed without an EIS and/or SIS, subject to any conditions;

rests with the person with direct or delegated authority to decide if the proposed activity should proceed: for example, a Director; a Regional Manager; the Manager Infrastructure Development; the General Manager Pacific Highway; or appropriate functional managers such as Regional Development, Asset or Road Safety and Traffic Managers (see Procedure EIA-01 in Chapter 12).

The decision is made in response to the recommendation by the assessing officer in the Decision Report. See Appendix B.

If the REF was publicly exhibited, the person with direct project responsibility (for example, the Project Manager) should advertise the decision that has been made.



6.5 Environmental Impact Statements (EISs) and Species Impact Statements (SISs)

6.5.1 EIS preparation and exhibition

6.5.1.1 When is an EIS required? An EIS is required for:

proposed activities coming within the designated development provisions of Part 4 of the EP&A Act. See Chapter 8.

Part 5 activities when a decision is made by the RTA that the activity is likely to significantly affect the environment. That decision is based on either the assessment of a REF or because the Director or sub-delegate consider that the scale and/or nature of the project is such that it will clearly have a significant impact.

An EIS might be influenced by, and build on, a Preliminary Environmental Assessment or a Review of Environmental Factors (see Chapters 6.3and 6.4).

6.5.1.2 Why is a Part 5 EIS prepared? A Part 5 EIS is prepared to provide a thorough public examination of a proposed activity that is likely to have a significant impact on the environment, and to form a basis for a decision on whether that activity should proceed.

6.5.1.3 Who prepares a Part 5 EIS? Responsibility for preparation and exhibition of an EIS (and if required an SIS) rests with the Project Manager (see Procedures EIA-02 in Chapter 13 and EIA-04 in Chapter 15). Assistance can be provided by Regional environmental staff.

The work of EIS and SIS preparation may be carried out in whole or part by the RTA or private contractors. See Appendix L for a set of model briefs applicable to the project development process leading to and including an EIS.

6.5.1.4 Who comments on draft Part 5 EISs? All drafts are to be thoroughly edited by the EIS contractor.

Regional environmental staff are to consider the edited draft in partnership with Development or Asset staff and as appropriate:

Other RTA staff (for example, Property staff)

The EIS contractor and subcontractors

Other agencies and organisations.

Once an agreed final draft has been completed, it is to be sent to Environment Branch and Network Development or Infrastructure Maintenance Branch as appropriate for comment. Two copies of the main volume are to be provided to Environment Branch.

It is acknowledged that practicalities such as tight time constraints or the need for specialist advice occasionally may require that early drafts are provided to corporate offices. This should occur only when absolutely necessary.



Comments may also be sought as appropriate from Legal Services Branch, the office of the Minister for Roads or the Commonwealth Department of Environment and Heritage. For further advice, contact Regional environmental staff.

Sufficient time needs to be allocated for consideration by Regional environmental staff and inclusion of any necessary changes. Similarly, sufficient time needs to be allocated for receipt of comments from Environment Branch and Network Development Branch or Infrastructure Maintenance Branch (usually two weeks) and subsequent inclusion of changes to the EIS prior to exhibition.

In situations where comments are being sought from the office of the Minister for Roads, all liaison is to be directed through the General Manager, Network Development or General Manager Infrastructure Maintenance as appropriate. The RTA’s position in relation to comments from the Minister’s office will in turn be advised by the General Manager, Network Development or General Manager Infrastructure Maintenance as appropriate.

In most cases, the Project Manager can incorporate any changes requested as a result of comments received and proceed to completion of the EIS without further reference to commentators. However, if further reference has been requested, or if the Project Manager considers that further advice is required, copies of the final draft are to be provided in edit mode.

6.5.1.5 Essential requirements for a Part 5 EIS Unlike REFs, the form, content and process for preparing and exhibiting a Part 5 EIS are stated specifically in the EP&A Act and must be followed.

As with REFs, the complexity of the EIS should be appropriate to the complexity of the proposed activity being considered. EISs should be structured in accordance with the four stages of assessment identified in this Manual.

While these guidelines provide assistance for preparing an environmental impact statement, you should obtain advice from Regional environmental staff or Environment Branch before commencing an Environmental Impact Statement.

The proposed activity may vary during the EIS process. It is essential that all environmental information relates to the final proposed activity as described in the EIS. This may require reassessment of some matters during the course of EIS preparation.



An EIS under Part 5 of the EP&A Act, must meet legislative requirements in the following areas:

the form and content of the EIS (EP&A Regulation, Schedule 2 - see Appendix D). Care should be taken to ensure that each of the factors in Schedule 2 has been considered and is documented in the EIS. A checklist in the EIS is a good idea, cross referencing which parts of the EIS have dealt with the Schedule 2 factors.

the requirements of the Director-General DIPNR (EP&A Regulation, Clause 231). A checklist in the EIS is a good idea, cross referencing which parts of the EIS have dealt with the Director-General’s requirements.

Note 1: In seeking the Director-General’s requirements, you should provide as much substantive information about the Proposal as possible, inclusive of any previous studies such as a Preliminary Environmental Assessment, options selection study or REF. In doing so, you are able to request that the Director-General’s requirements are directed to the issues of greatest importance. This could help to sharpen the focus of the EIS and result in a shorter and more relevant document.Note 2: If you do not exhibit the EIS within two years after written notice of the Director-General of DIPNR’s requirements, you must consult further with the Director-General of the DIPNR.

declaration that the EIS has been prepared in terms of Clauses 230 and 231 of the EP&A Regulation (EP&A Regulation, Clause 229). See Appendix F.

provision of a copy of the EIS to the Director-General of the DIPNR. This copy must be provided before the EIS is advertised for public exhibition (EP&A Act, Section 112(2) ).

how and where to publicise the EIS (EP&A Act, Section 113 and the EP&A Regulation, Clauses 234 and 235). See Appendix K.

making copies of the EIS available for sale to the public (EP&A Regulation, Clause 236). Once it has been prepared, an EIS must be exhibited for public inspection and comment for a period of not less than 30 days. Privacy conditions apply to public representations. See Appendix K.

assessing the need for an SIS (EP&A Act, Sections 112 and 5A). See Appendix J.

A continuing community involvement program, commenced early in the consideration of the proposal, is an essential part of preparing an EIS.

As defined in Section 110 of the EP&A Act, the RTA is a determining authority and proponent for those activities which:

are, or will be carried out by or on behalf of the RTA, or

require the RTA’s approval.

In accordance with an order under Section 110A of the EP&A Act, the RTA is the nominated determining authority in relation to any activity for the purposes of a classified road or proposed classified road.

As nominated determining authority, the RTA has responsibility for exhibition, publicity and examination of EISs related to classified roads or proposed classified roads.



It is important to allow adequate time for preparing, exhibiting and assessing an EIS. EISs are public documents and must follow formal statutory processes. An entire project could be prejudiced if the EIS is not undertaken adequately.

6.5.1.6 Scope of the EIS Without limiting the scope of an EIS, it should include as a minimum the following:

A brief overview or summary table, ideally of no more than one page. See Appendix E.

A summary of the EIS.

A summary of the community involvement program undertaken

The objectives of the proposed activity.

The relationship of the proposal to strategic issues.

The need for the proposal:

strategic issues

operational issues - engineering / design; traffic/transport; safety

environmental planning issues - urban / regional planning; environment; social; amenity.

Consequences of not proceeding with the proposed activity.

If applicable, alternative means of satisfying the identified transport need.

Options considered and reasons for choosing the preferred option.

Detailed description of the preferred option, including ancillary and temporary development such as concrete batch plants, compounds, stockpile sites, borrow sites etc.

Assessment of environmental impacts.

Identification and consideration of any relevant NES matters; or of Commonwealth land; including any referral action to the Commonwealth Environment Minister.

Identification and consideration of any relevant Protection of the Environment Policies introduced under the Protection of the Environment Operations Act, 1997.

Description of environmental safeguards and mitigating measures. This should be as detailed and specific as possible, to help later translation into Environmental Management Plans and an environmental specification in tender documents. As much as possible, environmental commitments should be couched in the same language as RTA Model Specifications, including Specification G35.

A summary compilation in one section, of the proposed safeguards and mitigating measures (including proposals for monitoring).

A summary compilation in one section, of other approvals that will be required before the activity can be carried out.



Major outcomes and justification for the proposal:

economic

biophysical

social

principles of ecologically sustainable development.

Justification should refer back to project objectives and demonstrate how these would be achieved.

You should consider the desirability of:

a multi disciplinary professional services package:

route selection

concept design

environmental studies

engineering and economic analysis

community involvement.

peer review of working papers on critical issues.



6.5.1.7 Relationship of working / technical papers and other references to the EIS

Clause 237 of the EP&A Regulation notes that any document adopted or referred to by an EIS is taken to form part of the EIS. Copies of all Working or Technical papers prepared specifically for the EIS must be exhibited publicly with the main volume of the EIS. Other references do not need to be exhibited but a copy needs to be available for perusal by the public if requested.

Working papers may contain recommendations that the RTA does not agree with and does not include in the main volume of the EIS. To avoid any misinterpretation of the situation, the introduction to the EIS should include a statement such as:

“Any recommendations in the Working Papers are those of the authors of those papers. They may or may not have been adopted by the RTA, either wholly or in part, in the main volume of the EIS. At all times, the environmental safeguards, mitigating measures and management actions identified in the main volume of the EIS are those which are proposed to be adopted in relation to the proposed activity. If there is any inconsistency between proposed measures in the EIS main volume and recommendations in the Working Papers, the position in the EIS main volume will prevail.”

6.5.1.8 Relationship between EIS and SIS Where the proposed activity affects critical habitat or significantly affects threatened species, populations or ecological communities or their habitats, an SIS must be prepared in accordance with Sections 109-113 of the TSC Act (terrestrial species); and/or Sections 221J and 221K of the FM Act (aquatic species). If SIS requirements are triggered on both terrestrial and aquatic species, two separate SISs are required. The SIS (or SISs) accompanies (or is part of) the EIS through the exhibition process.

The proposed activity may vary during the EIS process. It is essential that the SIS relates to the final proposed activity as described in the EIS. This may require reassessment of some matters during the course of SIS preparation.

The principal aims of an SIS are:

to assist the RTA identify and assess the environmental impacts of a proposed activity which affects critical habitat or threatened species, populations or ecological communities, or their habitats.

to assist the Director-General of the DEC and/or the Director-General of the DPI decide whether to grant concurrence to the proposed activity.

At all times, the decision on whether to undertake an SIS should be made only after the question of significance is reasonably well established. The SIS should not be used as a test to explore likely significance. If initial eight part tests indicate likely significant impacts, the proposed activity can be reviewed and further mitigating measures / compensatory measures investigated. The eight part tests can then be redone inclusive of the additional mitigation / compensatory measures to establish whether or not significant impacts are likely. (Alternatively, if initial flora and fauna studies indicate the possibility of significant impacts, the eight part tests can be delayed until further mitigating / compensatory measures are developed. In this scenario, only one round of eight part tests would be undertaken, inclusive of the additional mitigating / compensatory measures).



In terms of Section 111 of the TSC Act, or Section 221L of the FM Act respectively, the Director-General of the DEC or the Director-General of the DPI must be consulted once it has been decided that a SIS is required regarding any requirements he/she might have regarding the form and content of the SIS.(See Appendix J for further details on SISs and TSC Act).

You can obtain further advice from Regional environmental staff or Environment Branch.

Useful addresses are:

The Director-General Department of Environment and Conservation PO Box A290 Sydney South NSW 1232

The Director-General Department of Primary Industries Locked Bag 21 Orange NSW 2800

The Director-General DIPNR GPO Box 3927 Sydney NSW 2001

6.5.1.9 Think Again! Before finalising the EIS (and SIS) you should turn your mind to the following questions:

Has the consideration of the proposed activity included proposed mitigation and compensatory/offset measures?

Having considered proposed mitigation and compensatory/offset measures, do you still consider that the environmental impacts and/or the impacts on threatened species are likely to be significant?

It is possible to undertake an iterative process and assessment inclusive of proposed mitigation and compensatory or offset measures in relation to both environmental impacts generally and impacts on threatened species. See Chapter 5.1.4.

You should also be aware that:

Once the RTA seeks the requirements of the Director-General of the DIPNR for an EIS, it must proceed to seek the approval of the Minister for Infrastructure and Planning. Thus, even if the RTA modifies the proposed activity after seeking the Director-General’s requirements and those modifications would reduce the environmental impacts to the extent that they would no longer be considered significant, it must proceed to seek approval. It cannot “draw back” and revert a REF assessment.

The situation is different for a SIS. Even if the RTA has not only sought the requirements of the Director-General of the DEC for the SIS, but even after it has obtained the SIS, it is not necessarily obliged to proceed to seek the concurrence of the Director-General of the DEC. If the RTA modifies the proposed activity after obtaining the SIS and those modifications would reduce the impacts on threatened species to the extent that they would no longer be considered significant, it is able to decide not to seek concurrence. This needs to be made clear in the EIS and SIS. The reader should not be given the impression that the preparation of a SIS will lead inevitably to the concurrence of the Director-General of the DEC being sought.



6.5.2 EIS / SIS assessment

6.5.2.1 What is the assessment document used by the RTA? The RTA uses a Representations Report to undertake its assessment of the EIS (and SIS). The Representations Report is provided to the DIPNR (and as necessary to the DEC or DPI) to assist in its consideration of the proposed activity. If modifications are proposed to the proposed activity described in the EIS, the Representations Report will incorporate a Preferred Activity Report, which is extracted from the Representations Report and publicly exhibited.

Typical contents of a Representations Report, together with notes to assist in its preparation, are provided in Appendix G.

6.5.2.2 Why is a Representations Report prepared? The RTA must examine and consider the Part 5 EIS and public representations made during the exhibition period before deciding whether or not to proceed with the proposed activity. A Representations Report documents and provides a public record of the RTA’s examination and consideration of this material.

6.5.2.3 When is a Representations report prepared? A Representations Report is prepared after considering the written representations following the public exhibition of an EIS; and, if applicable, an SIS. Occasionally the recommendations of a public inquiry must also be considered.

A copy of every representation received on the EIS must be sent to DIPNR. The determination on the activity cannot be made for 21 days after submitting the copies of representations to DIPNR.

If an SIS is prepared in conjunction with an EIS, copies of written representations dealing with matters in the SIS must be provided to the NPWS (DEC) and/or NSW Fisheries (DPI).

If the proposal is a scheduled activity under the POEO Act, copies of representations must be provided also to the Department of Environment and Conservation.

6.5.2.4 Who prepares the Representations Report? The Project Manager is responsible for the preparation of the Representations Report. (see Procedure EIA-02 in Chapter 13). Consultation is to be held as appropriate with Regional environmental staff, the Environmental Services Manager, Road Network Infrastructure Directorate, Environment Branch or other corporate Branches.

The Representations Report should state on a fly sheet that the report was prepared under the supervision of: (name, title, office). This statement should be signed by the Project Manager.

The draft Representations Report is to be submitted to Environment Branch for examination. That Branch will liaise with Regional staff as necessary with any suggested amendments. Consultation with other Directorates (eg Road Network Infrastructure) and/or the Minister’s office may also be necessary.



Sufficient time is to be allowed to enable comments from Environment Branch to be considered and any necessary changes made.



6.5.2.5 Modifications to the proposed activity during preparation of the Representations Report

A proposed activity is able to be modified in accordance with Section 112(4)(b)(i) of the EP&A Act. A modification would usually be introduced during the preparation of the Representations Report – that is, after the exhibition of the EIS and before seeking approval of the Minister for Infrastructure and Planning. Key elements of Section 112(4)(b)(i) are:

To modify means to alter, add to or subtract from the exhibited activity, without radical transformation of the activity.

The power to modify is designed specifically to address responses made by members of the public to the EIS. The RTA must be satisfied that its proposal will detrimentally affect the environment in order to exercise the power of modification.

The modifications must be made so as to eliminate or reduce the detrimental effect of the activity on the environment. (Note, however, that the Minister for Infrastructure and Planning is able to modify the activity when granting approval and is not constrained by the need to eliminate or reduce impacts – see Chapter 6.5.3.7.)

The proper approach in determining whether there is a valid modification is to examine the overall changes made to the project as a whole.

A valid modification does not trigger a requirement for a determining authority to obtain, examine and assess a further EIS.

In addition to these key elements, the following matters may apply:

Modifications may also arise from responding to subsequent correspondence from other agencies, or from development of the design.

The power to modify does not preclude the introduction of new adverse impacts so long as the key elements of Section 112(4)(b)(i) are satisfied.

If a proposed activity is modified before completion of the assessment process and the proposed modifications result in a substantially different proposal (eg a different route is adopted or the modifications result in changes to the objectives of or need for the original proposal) you should prepare a new EIS.

If the modifications do not result in a substantially different proposal but have been developed to eliminate or reduce detrimental effects of the proposed activity, you should adopt the process outlined in Figure 3.



Figure 3

Modifications to proposal before completion of EIS assessment process

Proposal Exhibited in EIS

Examination of Public Representations/New Information

Proposed modifications to eliminate or reduce detrimental effects

Comparative assessment of proposed modifications

Adoption of amended preferred option

Determine likely significance of environmental impact of modified

proposal

Supplementary EIS

Finalise the RTA assessment process and seek approval of Minister

for Planning

Exhibit Preferred

Activity Report

Significant Not Significant



6.5.2.6 Preferred Activity Report In the majority of cases (that is, where a supplementary EIS is not required), the modification process discussed above will be reflected in the Representations Report by its inclusion in a chapter titled Preferred Activity Report. A Preferred Activity report is not prepared if no modifications are proposed. Standard contents of a Preferred Activity report are shown in Appendix G. Exhibition requirements are included in Chapter 6.5.3.5. A draft advertisement for exhibition is included in Appendix K.

6.5.3 EIS decision, approval and determination

6.5.3.1 What happens after a Representations Report is complete? The agreed final version of the Representations Report is to be sent to Road Network Infrastructure Directorate, accompanied by:

a copy of the EIS and SIS if applicable. (The working papers are generally not required.)

a summary of when and where the EIS was advertised and exhibited, together with a copy of the newspaper advertisement.

any findings or recommendations of an inquiry.

any other material that is relevant and necessary to the decision.

The Director, Road Network Infrastructure will prepare a memorandum to the Chief Executive recommending a decision:

to proceed with the activity as described in the EIS (and SIS), or

to proceed with the activity as described in the EIS (and SIS) and modified as described in the Representations Report, or

to not proceed with the activity

The memorandum will be sent to the Chief Executive via Environment Branch, together with all relevant supporting information.

Environment Branch will send the Representations Report, the memorandum from the Director, Road Network Infrastructure and accompanying documentation to the Chief Executive, together with a memorandum which includes:

an assessment of how the Report has addressed the issues

whether RTA policies and procedures have been applied

whether the requirements of the EP&A Act and Regulation have been met.

If an SIS has not been prepared and if the recommendation from the Director Road Network Infrastructure is that the proposed activity should proceed, Environment Branch will also send to the Chief Executive:

a draft letter of submission to the Director-General of the DIPNR. This will seek the approval of the Minister for Infrastructure and Planning for the proposed activity to be carried out. It will include a copy of the RTA’s Representations Report.

draft advice to the Minister for Roads that she/he will be consulted in due course by the Minister for Infrastructure and Planning.



If an SIS (or SISs) has been prepared and if the recommendation from the Director Road Network Infrastructure is that the proposed activity should proceed, Environment Branch will also send the Chief Executive:

a draft letter of submission to the Director-General of the DEC and/or the Director-General of the DPI. This will seek the concurrence of the Director-General and/or the Director to the proposed activity being carried out and will include a copy of the RTA’s Representations Report.

a draft letter to the Director-General of the DIPNR. This will advise that the concurrence of the Director-General of the DEC and/or the Director-General of the DPI has been sought and will provide an advance copy of the RTA’s Representations Report.

If the recommendation from the Director Road Network Infrastructure is that the proposed activity should not proceed, Environment Branch will also send to the Chief Executive:

a draft letter of submission to the Director-General of the DIPNR setting out this position and advising that the RTA will not be seeking the approval of the Minister for Infrastructure and Planning (and, if an SIS has been prepared, a similar draft letter to the Director-General of the DEC and/or the Director-General of the DPI advising that concurrence to the proposed activity will not be sought).

a draft determination for the Chief Executive’s signature.

6.5.3.2 Who decides whether to seek approval of the Minister for Infrastructure and Planning to the proposed activity?

The Chief Executive considers the EIS (and SIS), the Representations Report and any other relevant matters. The Chief Executive may amend the Representations Report as necessary or appropriate.

The Chief Executive decides whether to seek approval of the Minister for Infrastructure and Planning to the proposed activity by giving approval or otherwise to the memorandum from the Director Road Network Infrastructure. The draft correspondence discussed above will then be signed by the Chief Executive as appropriate.

6.5.3.3 What happens after the Chief Executive’s decision? If the Chief Executive decides not to seek the approval of the Minister for Infrastructure and Planning to the proposed activity, a determination to that effect will be made.

If the Chief Executive decides to seek approval from the Minister for Infrastructure and Planning to the proposed activity and if an SIS (or SISs) has been prepared, the concurrence of the Director-General of the DEC and/or the Director-General of the DPI to the carrying out of the proposed activity is required prior to seeking the approval of the Minister for Infrastructure and Planning.



The Director-General may attach conditions to the concurrence. If the Director-General does not concur, the proposed activity may not proceed. Negotiations may occur between the RTA and the NPWS (DEC) and/or NSW Fisheries (DPI) about the request for concurrence and conditions which the NPWS and/or NSW Fisheries may seek to include in addition to those incorporated in the Representations Report. The NPWS and/or NSW Fisheries may request additional information. A consolidated RTA position should be developed before the commencement of negotiations. Further details on negotiation procedures are provided in Chapter 13.

6.5.3.4 How to seek the Minister for Infrastructure and Planning’s approval The Chief Executive will make a submission seeking the Minister for Infrastructure and Planning’s approval for the proposed activity. The submission will consist of:

the letter of submission drafted by Environment Branch

a copy of the Representations Report

a copy of the concurrence of the Director-General of the NPWS and/or the Director-General of the DPI, if applicable.

any other relevant material.

The submission will be directed through DIPNR to help DIPNR in preparing the report from the Director-General of the DIPNR to the Minister for Infrastructure and Planning.

Note: A fee will be payable to DIPNR for assessing the proposed activity.

6.5.3.5 How is the Preferred Activity Report Exhibited? A Preferred Activity Report is to be publicly exhibited as soon as possible after the approval of the Minister for Infrastructure and Planning has been sought and before the decision of the Minister for Infrastructure and Planning has been made. The exhibition is for public information only. Further representations are not to be requested. Any unsolicited representations received are to be passed to DIPNR for consideration. They may be acknowledged but not answered by the RTA.

Normally, the exhibited Preferred Activity Report will simply be the chapter extracted from the Representations Report, provided with a separate cover.

Further details on Preferred Activity report exhibition, including a model advertisement, are provided in Appendix K.

6.5.3.6 How are Conditions of Approval determined? Conditions of Approval will be proposed by the DIPNR in accordance with its Conditions of Approval database. The most recent version of the database can be obtained from the RTA’s Manager, Environmental Planning and Assessment. While there are a number of “standard” conditions, others may be proposed specific to the proposed activity.

Negotiations usually occur between DIPNR and the RTA about conditions which DIPNR seeks to apply in addition to those incorporated in the Representations Report. DIPNR may request additional information and may consult other agencies. Negotiations will normally be led by the Project Manager. A consolidated RTA position should be developed before the commencement of negotiations. Further details on negotiation procedures are provided in Chapter 13.



Negotiations could continue up to Ministerial level. The Minister for Infrastructure and Planning must seek the advice of the Minister for Roads before making a decision on the proposed activity.

Note: The DIPNR has established an Inter-Departmental Conditions Reform and Review Committee to provide an ongoing but “as required” forum to discuss the need for and format of amendments to the Conditions of Approval database. Any concerns that arise in relation to the general (as opposed to project specific) relevance and applicability of any condition in the database should be brought to the attention of the RTA’s Manager Environmental Planning and Assessment, who represents the RTA on that Committee.

6.5.3.7 How long does it take to obtain the approval of the Minister for Infrastructure and Planning?

The Director General of DIPNR must provide a report to the Minister for Infrastructure and Planning within three months of receiving a request from the RTA for the Minister’s approval.

After receiving the report of the Director-General of the DIPNR, the Minister for Infrastructure and Planning has three weeks to make the decision. The Minister for Infrastructure and Planning may approve the proposed activity (with or without conditions or modifications) or disapprove the proposed activity. If approval is not obtained, the proposed activity cannot proceed. (Note that the Minister for Infrastructure and Planning can introduce modifications that do not eliminate or reduce impacts. It is possible to seek the agreement of the Minister for such modifications but this would be envisaged in extreme circumstances only.)

If these time limits are not met, the requirement for the approval of the Minister for Infrastructure and Planning lapses, and the Chief Executive can determine whether the proposed activity will proceed. In this case, a draft Determination will be prepared by Environment Branch for signature by the Chief Executive.

The time limits can be extended at the request of the RTA.

6.5.3.8 What happens after approval by the Minister for Infrastructure and Planning?

If the proposal has triggered the EPBC Act, approval will also be required from the Commonwealth Environment Minister. This will be initiated by DIPNR. The Commonwealth Environment Minister has 30 working days to issue the approval. This additional time needs to be incorporated into project planning. See Appendix N.

After receiving the decision of the Minister for Infrastructure and Planning, Environment Branch will prepare a draft Determination statement for the Chief Executive’s signature. If the EPBC Act has been triggered, the Determination usually will not be made until after receipt of approval from the Commonwealth Environment Minister.



6.5.3.9 Who determines the activity? The proposed activity is determined by the Chief Executive signing the Determination. The Determination states whether the proposed activity:

should proceed as described in the EIS; or

should proceed, but with modifications and conditions; or

should not proceed.

6.5.3.10 Public notification The following documents are made public:

the decision of the Minister for Infrastructure and Planning

the report to the Minister for Infrastructure and Planning from the Director-General of the DIPNR

the Representations Report

the Determination by the Chief Executive

if relevant, the decision of the Commonwealth Environment Minister.

By agreement between the RTA and DIPNR, the RTA does this. At the same time, it makes public the determination of the Chief Executive. See Appendix K.



6.5.3.11 Clause 243 report In cases where the approval of the Minister for Infrastructure and Planning is not required, for example when the concurrence of the Director-General of the DEC and / or the Director-General of the DPI (in relation to an SIS) is not granted; or the Chief Executive decides that the proposed activity should not proceed, the RTA must prepare and make public a report in accordance with Clause 243 of the EP&A Regulation. This is known as a “Clause 243 Report”.

A Clause 243 Report is a short separate document which refers to the Representations Report, the approval of the Minister for Infrastructure and Planning, the determination, and any other documents or occurrences which show that the RTA has fully considered the proposed activity. It is released under the signature of the Regional Manager, Pacific Highway Manager or appropriate Branch Manager.). An example is provided in Appendix K.

Depending on the number of representations to the proposed activity, either the short Clause 243 Report referred to above or the Clause 243 Report accompanied by the Representations Report can be sent to all respondents. In projects involving an EPBC Act approval, copies should also be sent to EA and DTRS. The Clause 243 Report and the Representations Report should be exhibited. See Appendix K for details.

6.5.3.12 Compliance report A Compliance Report may be required as a condition of approval. This reports on the implementation of environmental conditions of approval during construction and/or operation of the project.

In situations where a Compliance Report is required, responsibility rests with the Regional Manager, the Manager Infrastructure Development, the General Manager Pacific Highway; or appropriate functional managers such as Regional Development, Asset or Road Safety and Traffic Managers, as delegated to the Project Manager.

The Compliance Report should identify the responsible Regional Manager etcby stating on a fly sheet that the report was prepared under the supervision of (name, title, office). This statement should be signed by the responsible officer.

The detailed assessment stage of REFs and EISs - Changing a project after determination


7. Detailed assessment stage - REFs and EISs - Changing a project after determination

7.1 Nature of changes Normally a proposed activity will be implemented relatively soon after the completion of a REF or EIS, but sometimes implementation is delayed. In addition, further detailed development of a proposal can result in changes after the REF or EIS has been completed and assessed or determined.

These changes may include:

Changes to proposed activity. These changes may range from minor variations in alignment or design features (eg surface type, kerb treatment, landscaping detail and the like) to major alterations in the scope of the proposed activity.

Changes in legislative or policy area. Even if a proposed activity has not changed since the completion of a REF or EIS, the legislative framework may have altered, or a new policy may be in place. The effect of these changes on the original proposed activity needs to be assessed.

Changes in the receiving environment. There is also the possibility that in the time since the completion of the REF or EIS, the local environment may have altered, eg a new residential development adjacent to the proposed activity.

7.2 Procedure to be followed

7.2.1 Where a REF has been prepared

7.2.1.1 Re-examination The process to be followed in this case is shown in Figure 4. The officer with primary responsibility for the proposed activity (eg the Project Manager or the maintenance manager) is to re-examine the activity in light of any changes since the determination of the earlier REF in:

the proposed activity itself

the legislative / policy framework

the receiving environment.



The re-examination is to be reported in a memorandum signed by the officer with primary responsibility for the proposed activity. The memorandum is to describe:

the date of the determination of the REF

the proposed changes to the activity (if any), and the reasons for the changes

any changes in the legislative or policy areas since the prior REF determination

any changes in the environment affected by the proposed activity

any additional environmental impacts resulting from the proposed changes

any additional impacts on critical habitat, threatened species, populations or ecological communities, or their habitats, resulting from the proposed changes in relation to the original activity

any additional safeguards or mitigative measures proposed and their likely effectiveness.

7.2.1.2 Re-assessment The memorandum is to be sent to the environmental assessor (see Procedure 01 in Chapter 12) who is to consider the proposed changes and advise:

whether there are no additional impacts (indicating that the proposed activity can proceed)

whether there are additional impacts (indicating that a new REF is required)

whether there are clearly significant impacts (indicating that an EIS [and possibly an SIS] is required).

The environmental assessor can request additional information as necessary from the officer who prepared the memorandum.

Whether or not a reassessment of environmental impact is required, the environmental assessor is to prepare a Decision Report. The approving authority is to decide whether the proposed amended activity can proceed by responding to the recommendation by the environmental assessor (see Appendix H).

Formal re-assessment of the environmental impact, ie a new REF or EIS, is recommended if there has been a change in:

legislation / policy

the receiving environment

the proposed activity, including methods for reducing impacts.

Normal assessment procedures will apply to the new REF or EIS.



Figure 4Changes to Proposals after determination of REF

Proposed Changes

Re-examination:Have there been any changes in:

* legislation?* policy?* the receiving environment?* the project?

Memo to Environmental Assessor

Assessment

No impact Additional impact

Clearly significant

impact

Recommendation by Environmental Assessor

Decision by Approving Authority

Proceed REF EIS



7.2.2 Where an EIS has been prepared and approved

7.2.2.1 Minor errors, misdescriptions or miscalculations In accordance with Section 115BAA of the EP&A Act, the Minister for Infrastructure and Planning may modify the project approval to correct a minor error, misdescription or miscalculation. In this situation, a letter should be sent to the Director-General of the DIPNR, describing the minor error, misdescription or miscalculation and seeking the Minister’s modified approval. This can be sent directly from the Project Manager or more senior staff. It must be sent by the RTA. Advice should be sought from Regional environmental staff.

7.2.2.2 Re-examination In circumstances other than a minor error, misdescription or miscalculation, the process to be followed is shown in Figure 5. This accords with the requirements of Section 115BA of the EP&A Act. The officer with primary responsibility for the proposed activity is to re-examine the proposed activity in light of any changes since the earlier EIS and approval by the Minister for Infrastructure and Planning in:

the proposed activity itself

the legislative / policy framework

the receiving environment.

A critical item for judgement is whether or not the proposed modification is consistent with the Minister’s approval.

7.2.2.3 Determination of consistency with conditions of approval The responsibility for determining if a proposed modification is consistent with the Minister’s approval rests with the RTA Project Manager.

There is no standard method for determining if a proposed modification is consistent with the Minister’s approval. The proposed modification needs to be assessed against conditions of approval and a substantiated position established. If there is any uncertainty about the intent of any condition of approval, the assessment report of the Director-General of the DIPNR can provide further interpretation.

The following approach should be taken. See Figure 5.

If it can be established that the proposed modification would cause no change to any condition of approval, this should be substantiated by a file note. The proposed modification can proceed, subject to any necessary environmental impact assessment.

If the proposed modification would result in a clear breach of any condition of approval, this should be documented by a file note and action initiated towards a modification of the Minister’s approval in accordance with the process described in Chapter 7.2.2.6.

If there is some uncertainty, a consistency report can be prepared. A model is provided at Appendix O. A consistency report may be prepared by the RTA or a private contractor for the RTA. It must be accepted by the Project Manager on behalf of the RTA. Assistance can be provided by Regional environmental staff.



If the consistency report establishes that the proposed modification is consistent with the Minister’s approval, the proposed modification can proceed, subject to any necessary environmental impact assessment.

If the consistency report establishes that the proposed modification is not consistent with the Minister’s approval, action should be initiated towards a modification of the Minister’s approval in accordance with the process described in Chapters 7.2.2.4 to 7.2.2.6.

All modifications that are consistent with the conditions of approval are to be advised to the RTA’s Manager, Environmental Planning and Assessment. The advice should consist of a brief description of the modification and how it differs from the approved project, together with any relevant plans or diagrams (2 copies). One copy will be forwarded to the DIPNR for advice.

7.2.2.4 Re-assessment Quite separately to the consideration of consistency, the RTA needs to consider the likely environmental impacts of the proposed modification. See Figure 5.

If the modified activity is found to be consistent with the Minister’s approval, it can proceed as planned, subject to any further necessary environmental assessment. If it is considered that the proposed modification is unlikely to have any additional environmental impacts, a documented decision to this effect, signed by Regional environmental staff, should be placed on the project file. If it is considered that the proposed modification is likely to have environmental impacts additional to those identified in the EIS, an environmental impact assessment (such as a REF) should be undertaken. This should be restricted to those areas of identified additional impacts. The assessment and determination of the environmental impact assessment should proceed in accordance with the standard REF process but again should be restricted to those areas of identified additional impacts.

There are no requirements for community involvement in circumstances where the modified activity is found to be consistent with the Minister’s approval. However, you should consider whether agency / community involvement is appropriate. It may help in obtaining input about the proposed modifications and reinforcing agency relationships. It can be directed at the people / agencies affected by the proposed modification and does not necessarily imply a major exercise. Similarly, public notification would usually be expected after determination of the modification. The extent and nature of the notification can be tailored to the people / agencies affected.

If the decision is that the modification, while not consistent with the Minister’s approval, is unlikely to have any environmental impacts additional to those identified in the EIS, a public exhibition of the “particulars” of the proposed modification must be carried out, involving:

a description of the proposed modification; and

the locality of the proposed modified activity.

The exhibition is to include the documented reasons for not requiring any additional environmental impact assessment. Requirements for public exhibition are provided in Appendix K.8.



If the decision is that the modified activity is not consistent with the Minister’s approval and is likely to have environmental impacts additional to those identified in the EIS, a new environmental impact assessment (such as a REF) should be undertaken. This should be restricted to those areas of identified additional impacts. In addition, a public exhibition of the “particulars” of the proposed modification must be carried out, involving:

a description of the proposed modification; and

the locality of the proposed modified activity.

These requirements would be fulfilled by exhibition of the environmental impact assessment. Requirements for public exhibition are provided in Appendix K.8. The assessment and determination of the environmental impact assessment should proceed in accordance with the standard REF process but again should be restricted to those areas of identified additional impacts.

If the impacts are found to be significant, a new EIS will be required. (An SIS may also be required). The usual EIS process should be followed. See Chapter 7.2.2.8. The following Chapters 7.2.2.5 to 7.2.2.7 relate to the more usual situation where a new EIS is not required.



Figure 5

Modifications to proposals after approval by the Minister for Infrastructure and Planning

Note: The following process applies to RTA proposals that have been: - considered in and EIS - approved by the Minister for Infrastructure and Planning - subsequently proposed to be modified

Approval of the Minister for Infrastructure and Planning

Proposed modification consistent with the Minister's

approval? (refer to 7.2.2.3)(Document decision)

Prepare REF

Exhibit REF and consider public representations

Prepare documentation substantiating no formal

environmental impact assessment required

Exhibit "Particulars" and consider public representations

Decision report & recommendation by Environmental Adviser

Decision by decision maker.

Significant impacts?

Prepare EIS

Exhibit EIS and consider public representations

Representations ReportREF, Decision Report and Decision sent to RNI (or

Motorways) & Environment Branch

Decision Report and decision sent to RNI (or Motorways) and

Environment Branch

Chief Executive's decision

whether to seek modified approval

Submission to DIPNR

Decision by Minister for Infrastructure

and PlanningDetermination by Chief

Executive

Proposed Modification Proceeds

Proposed modification does not proceed

Disapprove

Yes

Yes

No

Approve

No

Any additional environmental

impacts?

Yes

REF- Prepare, assess, decide

Significant impacts?

Yes

Proceed

No

Yes

No

Any additional environmental

impacts?

No

No

Yes



7.2.2.5 Seeking Modified Approval The RTA is required to consider the proposed modification and the public representations, and decide whether it wishes to proceed.

If an environmental impact assessment has not been prepared, Regional environmental staff are to prepare a Decision Report based on the “particulars” of the proposed modification and any representations, paying regard to the documented decision noted in Chapter 7.2.2.4 that the proposed modification is unlikely to have any additional environmental impacts.

If an environmental impact assessment has been prepared, a similar Decision Report is required, but giving consideration to the environmental impact assessment and paying regard to the DIPNR best practice guidelines Is an EIS Required?.

The recommendation of the Decision Report will need to vary somewhat from standard Decision Report wording:

“It is recommended that the proposed modifications to [project] proceed, subject to:

implementation of (any further modifications resulting from consideration of the environmental impact assessment and representations and) all environmental safeguard measures, controls and commitments identified above; and

the approval of the Minister for Infrastructure and Planning .”

A copy of the environmental impact assessment, Decision Report and Regional decision should be provide to Road Network Infrastructure Directorate and Environment Branch. A copy of all representations received needs to be provided to Environment Branch for inclusion in the letter to the DIPNR. The proposed modifications will then be processed in the same manner as a Representations Report from Road Network Infrastructure Directorate and Environment Branch to the Chief Executive for decision on whether to seek the modified approval of the Minister for Infrastructure and Planning.

7.2.2.6 Approval The DIPNR report to the Minister for Infrastructure and Planning is to be made within 30 days of the RTA submission seeking Ministerial approval. The Minister’s decision is to be made within 21 days of receipt of the DIPNR report, and after consulting with the Minister for Roads.

Note A fee will be payable to the DIPNR for the modified approval.

7.2.2.7 If a new EIS is required In situations where the proposed modifications are considered likely to result in significant environmental impacts, a new EIS will be required which addresses the impacts of the modifications. This will proceed through the usual EIS and Representations Report process and could result in a request from the Chief Executive to the Minister for Infrastructure and Planning for a modification to the original approval.



Note In cases where a new EIS is required, because of the relationship between Sections 112(4) and 115BA of the EP&A Act, the RTA has no legal power to make further changes to the modified activity as a result of public representations or design development. However, the Minister for Infrastructure and Planning is able to make any modifications. What this means in practice is that the RTA can seek modified approval only in relation to the proposed modifications as determined in the new EIS. If the RTA identifies further modifications that it wishes to introduce as a result of consideration of public representations or design development, it needs to identify these and request the Minister for Infrastructure and Planning to adopt them. Thus in practice it makes little difference but the wording of the Representations Report, Preferred Activity Report and correspondence to the DIPNR needs to vary if this situation occurs. If this situation occurs, you should seek advice in the first instance from Regional environmental staff.

Detailed assessment stage – an EIS under Part 4 of the EP&A Act


8. Detailed assessment stage - an EIS under Part 4 of the EP&A Act

8.1 Projects involved A Part 4 EIS is required for a proposed activity that is designated development. Designated developments are:

projects affecting coastal wetlands under SEPP 14 or littoral rainforests under SEPP 26

some quarries and gravel pits

less commonly, concrete batching plants crushing, grinding or separating works and bitumen pre mix and hot mix industries.

For further information, see Appendix I. You can get advice on these matters from Regional environmental staff or Environment Branch.

8.1.1 Projects affecting coastal wetlands or littoral rainforests These activities are designated development in accordance with Part 4 of the EP&A Act. They require a development application and EIS to Council.

A proposed activity which affects a coastal wetland or littoral rainforest may require assessment under both Part 4 (that section within the coastal wetland or littoral rainforest), and Part 5 (that section outside the coastal wetland or littoral rainforest) of the EP&A Act. In these circumstances, you will need to maintain close co-ordination with Council. The final decision on the Part 5 component cannot be made until Council consent is obtained for that section under Part 4.

8.1.2 Quarries and gravel pits These activities come within the definition of extractive industries and may be designated development in accordance with Part 4 of the EP&A Act. See Appendix I. In the Western Division of the State, special provisions apply under Western Division Regional Environmental Plan No. 1.

8.1.3 Other proposed activities Activities such as concrete batching plants; crushing, grinding or separating works; bitumen pre mix and hot mix industries in most cases are able to be included in the Part 5 environmental impact assessment for the proposed activity. However, this should not be presumed. An examination of the situation in relation to the particular proposed activity should be undertaken. See Chapter 5.1.4 and Appendix I.



8.2 How to prepare an EIS under Part 4 of the EP&A Act An EIS under Part 4 is prepared similarly to one under Part 5. It needs to satisfy Clauses 71 and 72 (Schedule 2) of the EP&A Regulation and has to meet the same additional provisions for threatened species or Commonwealth involvement. You must also obtain the requirements of the Director-General of the DIPNR.

Requirements for seeking comments on Part 4 EISs are the same as those for Part 5 EISs. See Chapter 6.5.1.4.

Part 4 assessments have different administrative requirements. They must accompany a development application to the consent authority, which is usually Council. However, Council cannot refuse consent or attach conditions to consent which are unacceptable to the RTA, unless the Minister for Infrastructure and Planning concurs.

If the proposal affects land which is not owned by the RTA, you must serve a copy of the development application to the landowner BEFORE submitting it to Council. Failure to do so could invalidate the development application. In accordance with Section 153 of the EP&A Act, the copy should be served by prepaid post. It is considered to have been served at the time at which it would be delivered in the ordinary course of the post. To ensure compliance, you should send the copy by Express Post two days in advance of its submission to Council. You should also keep a record of the date and time when the copy was served on affected landowners and the original was submitted to Council.

Figure 6 shows the environmental assessment procedures under Part 4 of the EP&A Act.

Note: The DIPNR has released a model form for a Part 4 development application. However, as Councils may vary that model form, if you propose to submit a development application you should contact the Council to obtain a copy of its form.



Figure 6RTA's Environmental Impact Assessment Procedures

- Designated Development under Part 4 of the EP&A Act

Proposal Concept Development

Zoning prohibits proposal?

Council consent required?

Seek advice from Regional Environmental Staff or Environment Branch

Critical Habitat affected?

Part 5 process - see Figure 2Threatened Species

Affected?

Significant impact on threatened species?

EIS/Development Application SIS

Requirements for EIS DG DIPNR Requirements for SIS DG DEC

Prepare EIS (and SIS) and complete development application

Provide copy of development application to affected landowners

Public exhibition and call for submissions by Council

Public review

Submissions to Council

Consideration by Council and referral as necessary to DIPNR and DEC for

concurrence

Determination by Council

Consent granted without conditions

Consent granted with conditions Consent refused

Notice from Council to RTA

Appeal PeriodActivity may proceed


NO

YES

NO

YESNO

NOYES

NO

YES

YES



An EIS under Part 4 of the EP&A Act must meet legislative requirements in the following areas:

the form and content of the EIS (EP&A Regulation, Clauses 71 and 72, Schedule 2). See Appendix D.

the Director-General of the DIPNR’s requirements (EP&A Regulation, Clause 73).

declaration that the EIS has been prepared in terms of Clauses 72 and 73 of the EP&A Regulation (EP&A Regulation, Clause 71). (There is currently no standard form for this declaration. A model form is provided in Appendix F.)

assessing the need for an SIS or SISs—terrestrial and aquatic species (EP&A Act, Sections 112 and 5A). See Appendix J.

making a development application (EP&A Act, Section 77). See Appendix F.

supplying copies of the EIS to Council for exhibition (EP&A Regulation, Clause 74).

In a Part 4 / Part 5 EIS, it is important that all Part 4 issues are clearly defined and discussed (for example, in a separate section of the EIS); to facilitate the Council’s consideration of the development application.

8.3 Coastal wetlands – additional consultation requirements

When considering project options, if there is any possibility of an option affecting a coastal wetland, you should notify the DIPNR Natural Resources Branch as early as possible (and before any structured assessment such as multi criteria assessment/ value management study) and request advice as to:

the importance that wetlands issues should be accorded in the option selection process

likely mitigative, compensatory and/or restoration measures likely to be needed.

In responding to the RTA, the DIPNR will assist the RTA’s role in the option selection process by providing advice on these issues.

You should ensure that any process such as multi criteria assessment / value management study that is used to assist in selection of the preferred option gives an appropriate weighting to wetlands issues in accordance with DIPNR advice. In comparing a wetlands route option with other options, the RTA’s approach should be in accordance with the key principles of ‘avoid, minimise, mitigate’ and should include in the consideration all related issues such as feasibility and cost of compensatory habitat and/or restoration.



8.4 Development consent It is the consent authority’s (usually Council) responsibility to exhibit the development application and EIS (and SIS). Submissions on the development application are made to Council and copies of submissions are forwarded by the Council to the DIPNR. Council is responsible for undertaking all actions required in considering whether to grant development consent (eg, if an SIS has been prepared, seeking the concurrence of the Director-General of the DEC and/or the Director-General of the DPI).

In relation to development which has been notified as State significant development in accordance with the EP&A Act, the Minister for Infrastructure and Planning may “call in” the development application for determination if, having regard to matters that in the Minister’s opinion are of significance for State or regional environmental planning, the Minister considers it expedient in the public interest to do so.

In circumstances where the proposed development is not a prohibited use according to the applicable zoning, the Minister may direct a Commission of Inquiry to be held.

In circumstances where the proposed development is a prohibited use according to the applicable zoning, the Minister must direct a Commission of Inquiry to be held if it is requested by the Council.

The recommendations of any Commission of Inquiry must be considered by the Minister in determining whether to grant consent. See Chapter 10.2.

8.5 SISs under Part 4 of the EP&A Act When preparing a Part 4 EIS, the RTA has the same obligations described in Chapter 6.1.4 for a proposed activity’s impacts on both terrestrial and aquatic critical habitat; threatened species, populations or ecological communities, or their habitats. The RTA must examine and document in accordance with Sections 78A and 5A of the EP&A Act and, if necessary, prepare an SIS to accompany the development application.

As described in Chapter 6.5.1, the SIS and EIS processes can run in parallel. To assist Council to consider the development application and EIS, you should maintain close liaison with Council and the NPWS (DEC) and/or NSW Fisheries (DPI).



8.6 Commonwealth involvement in a Part 4 EIS The requirements of the EPBC Act apply to Part 4 matters in much the same way that they apply to Part 5 matters. See Appendix N. The EIS must address impacts on NES matters and on Commonwealth land. It is the RTA’s responsibility as proponent to consider whether referral is required to the Commonwealth Department of Environment and Heritage and to undertake any consequent action. This responsibility cannot be transferred to Council in connection with the submission of the development application. Thus, the EIS itself needs to incorporate all relevant matters arising from consideration of the EPBC Act.

The main difference between Part 4 and Part 5 EISs relates to seeking approval from the Commonwealth Environment Minister, including submission of a certificate under Section 130 of the EPBC Act. At the time of writing, the position remains somewhat uncertain, although it seems that Council may not be able to undertake this role. It is a matter that will be determined in consultation between the DIPNR and the Commonwealth Department of Environment and Heritage. The impact on the RTA will be advised as it becomes clearer but in the interim you simply need to submit the development application and leave these other matters to Council. For further advice, contact Regional environmental staff.

8.7 Alignment and design amendments after Council consent

A variation after Council consent requires a formal process of amendment to that consent under Section 96 of the EP&A Act. If this occurs, you should obtain advice from Regional environmental staff or from Environment Branch.

8.8 Duration of consent Usually, consent granted under Part 4 of the EP&A Act is valid for five years from the date on which it becomes effective, and will lapse if the development is not commenced within that time. However, Councils can set a shorter time such as two years. You should check carefully to ensure that the validity is sufficient to enable work to commence. Otherwise, a new development application (and EIS) will be required.

You can obtain advice on this from Regional environmental staff or Environment Branch.

Implementation stage


9. Implementation stage - what you should do after determination of the REF or EIS

9.1 Introduction

9.1.1 Construction activities The environmental performance of an RTA construction project hinges on how well the environmental safeguards are implemented, maintained, monitored and rectified. It does not stop with the construction of the project but carries right through to its operation and maintenance.

The assessment and determination of the REF or EIS will establish the environmental measures that are required as conditions of project approval.

This part of the EIA Guidelines discusses how you can best incorporate those environmental measures into the construction, operation and maintenance of the project, as part of the RTA’s environmental management system.

In the main, you can do this by making sure that the conditions of project approval in the assessment and determination of the REF or EIS are an integral part of procedures for detailed design, tender documents, tender assessment, , construction management, maintenance and auditing.

The following parts of this Chapter describe how you can make this happen.

9.1.2 Maintenance activities A similar but simpler process applies to maintenance activities.

9.1.2.1 Regular maintenance activities The assessment and determination of a “generic” or “activity specific” REF will establish the environmental measures that are required to be translated into day-to-day maintenance.

9.1.2.2 Larger or non standard maintenance activities The assessment and determination of the individual REFs for these activities will similarly establish the environmental measures that are required to be translated into day-to-day maintenance.



9.1.2.3 Ongoing commitments arising from the environmental impact assessment of a construction activity

The assessment and determination of the REF or EIS for the construction activity might identify specific maintenance requirements that need to be translated into day-to-day maintenance.

Maintenance activities are separately discussed in Chapters 5.2.2 and 9.10.

9.2 Implementation Process Determination following environmental impact assessment is a critical step in project approval. Once this and other approval processes are completed, you should examine the REF or EIS (and SIS) and subsequent conditions to approval to identify the project’s environmental requirements.

Conditions of approval arising from the consideration of the REF will be listed in the RTA’s Decision Report. Conditions of approval arising from the consideration of the EIS (and SIS) will be listed in the approval of the Minister for Infrastructure and Planning. It is essential that the satisfaction of conditions of approval is a contract requirement for project delivery.

Difficulties of interpretation can be created during the transfer of conditions from the development Project Manager to the delivery Project Manager to the contractor and to environmental management plans. The assessment report of the Director-General of the DIPNR should be consulted if some uncertainty arises in relation to EIS projects, as this provides the background to and intent of various conditions. If there remain uncertainties in relation to REF or EIS conditions, you should consult Regional environmental staff in the first instance.

RTA staff are to assign responsibility as appropriate for ensuring that compliance with all conditions of approval has been achieved. Each major project (at least those which have been subject to an EIS) is to have a database to monitor and report on conditions of approval. Reports are to be provided monthly to Road Network Infrastructure Directorate, with a copy to Environment Branch. Exception reports are to be provided to the Chief Executive.

The major formal document for implementation of environmental requirements is the Environmental Management Plan (EMP). An EMP should be prepared for every project. Depending on the nature, scale and delivery method of the project, this might range from a short single EMP through to a series of documents encompassing a Project EMP and a number of Contractor EMPs, perhaps separately covering construction and operational stages. The exact documents used may vary but the principle remains the same – the EMP links the requirements arising out of the environmental impact assessment process with the ongoing environmental management of the project.

The process outlined in Figure 7 provides a structure to the implementation of environmental requirements from determination right through to asset management. It is based on a major project with different levels of EMP but the concepts remain the same for direct control works and smaller projects.



Figure 7 Implementation Stage

Assessment and Determination of REF/EIS (and SIS)Conditions to Project Approval

Project Environmental Management Planand draft Specification G35 or G63

Detailed Design

Service Delivery Quality Systems

Tender DocumentsDrawings and Specifications

(including RTA Modeland Specification G35 or G6)

Tender Assessment& Contract Award

Contractor’s Project Quality Plan andContractor’s Environmental Management Plan

Construction

Audit & Surveillance(Internal Audit, Superintendent’s

Surveillance, QA Audit)

Project Completion Report(including Environmental Section)

Handover toMaintenance Manager

Audit

Note: This figure describes a single contract only. In cases of multiple contracts, the same process would apply to each tender.



9.3 EMPs – General Requirements

9.3.1 Scope of EMPs An EMP is the mechanism for managing environmental issues on a project. It should be restricted to environmental management issues. Other issues relating to the project should be included in other project documentation. Otherwise, there is a risk of duplication and even contradiction with other project requirements.

The EMP should avoid introducing modifications to the project that are not consistent with the conditions of approval. If such modifications are introduced, they could result in the need to reassess environmental impacts, exhibit publicly and seek a variation to the approval of the Minister for Infrastructure and Planning. (See Chapter 7).

9.3.2 Types of EMPs Usually, these will be either:

A single EMP for the entire project; or

A separate Project EMP and Contractor’s EMP(s) for the project.

9.3.2.1 Single EMP When a single EMP is prepared, it functions as the document covering management of all environmental issues on a project. This includes pre-construction, construction and operation activities. It usually applies to smaller projects.

9.3.2.2 Project EMP In other, usually larger and/or multi contract works, a Project EMP is developed by the RTA as the source document for all environmental management issues related to the project. It:

Enables the development of the conditions of project approval into more detailed outcomes

Provides the basis for assignment of environmental management responsibilities between the RTA and contractors

Facilitates environmental auditing and evaluation of the environmental performance of the project.

9.3.2.3 Contractor’s EMP A Contractor’s EMP is the contractor’s Environmental Management Plan for the work covered by its contract. A Contractor’s EMP usually operates in partnership with a Project EMP to provide overall management of environmental issues. There may be more than one Contractor’s EMP (for example, where there is more than one contractor).



A Contractor’s EMP may be further divided into a Construction EMP and an Operational EMP, depending on the nature of the project and the method of delivery.

9.3.3 Format and Content of EMPs The size and nature of the EMP should be related to the project. As a general rule, it should be kept as short as possible, with maximum emphasis on simple checklists. This applies particularly to smaller projects. The EMP should be easy to use in the field and provide quick and practical help.

Subject to this general rule noted above, the EMP should cover preconstruction, construction, operation and maintenance of the project as appropriate.

All requirements from source documents (REF or EIS (and SIS); conditions to approval; design plans; legislative requirements) are to be included. The EMP does not need to be restricted to those requirements, provided that it does not include matters which contradict them or result in a substantive change in the approved project itself. The conditions and safeguards in the EMP cannot be of a lesser standard than those in the REF / EIS (and SIS) and conditions to approval, but improved standards can be included.

Typical EMP contents are included in RTA Model Specifications G34, G35 and G36.

You need to ensure that there is adequate time and budget to enable sufficient and relevant detail to be included. In addition, you need to obtain appropriate expertise. For example, it is essential that all relevant details for effective monitoring programs are included (eg type of monitoring required, number and location of sites, reporting intervals). This can only be ascertained with expert assistance.

9.3.4 Consultation During preparation of the EMP you should consult all interested parties. This might include, for example, the DEC, Department of Infrastructure, Planning and Natural Resources, the DPI and the Heritage Office. Broader community involvement might be appropriate, depending on the circumstances of the project.

In all cases the specific requirements of other authorities arising from the REF/EIS assessment or licensing/approval conditions should be established as early and as clearly as possible. Their requirements should remain consistent with the conditions to approval.



9.3.5 Certification / review of EMPs Where a single EMP is prepared, the completed EMP should have a certificate attached signed by the Project Manager and the Regional Environmental Adviser to the effect that the EMP is suitable for implementation. An example of a certificate is provided in Appendix M.

Where a Project EMP and a Contractor’s EMP are prepared, the completed Project EMP should have a certificate attached as described above. The Contractor’s EMP (whether a single Contractor’s EMP or separate Construction and Operational Contractor’s EMPs) do not require such a certificate. They are reviewed by the Project Manager and the Regional Environmental Adviser.

9.3.6 Can an EMP be amended? A number of activities can occur while EMPs are being prepared. These include, for example, additional environmental information, design changes and agreements made during property acquisition negotiations. Similarly, changes might be required as a result of circumstances arising during construction and/or operation.

This is a normal part of the project development process. The EMP is able to be changed to reflect changing circumstances. However, caution needs to be exercised if changes to the EMP result in changes to project delivery which are not consistent with conditions of approval. See Chapters 7 and 9.3.1.



9.4 The Project Environmental Management Plan

9.4.1 Why prepare a Project Environmental Management Plan? A Project Environmental Management Plan (EMP) may be beneficial as an RTA management document, particularly in relation to major and/or multi contract works. In other circumstances, you might consider that a separate Project EMP is unnecessary. For example, a smaller project might require a simple EMP covering all aspects of construction environmental management.

A Project EMP enables the development of the conditions of project approval into more detailed outcomes and the inclusion of other relevant material.

It provides the basis for:

meeting all environmental requirements

assignment of environmental management responsibilities between the RTA and contractors

inclusion of environmental requirements into tender documents

continuing management and evaluation of the environmental performance of the project.

The Project EMP is an RTA management document. It is not to be used to assess the environmental performance of the contractor. The Contractor’s environmental performance should be assessed only in accordance with the contract and the contractor’s Quality Plan and Contractor’s EMP.

9.4.2 Who prepares the Project EMP? While a Project EMP might be prepared in whole or part by a professional services contractor, it remains a document for which the RTA is responsible. The Project EMP should be prepared by or on behalf of the Project Manager. Regional environmental staff should be involved in an assessment / checking role. If the Project EMP includes requirements for ongoing operation and maintenance of the project, advice may also be obtained from Asset Management staff.

It is not acceptable for design, construction and/or maintenance contractors with a contractual interest in the project to prepare the Project EMP.



9.5 Tender Documents

9.5.1 Incorporation of environmental requirements in tender conditions

Environmental requirements need to be incorporated into tender conditions (or work instructions for day labour jobs) if they are to have a real impact on project environmental performance.

If a Project EMP has been prepared, it can assist in this process, particularly if the project involves more than one contract.

The person preparing tender documents for a project is to ensure that all environmental requirements are included in:

design drawings;

RTA Model Specifications; or

RTA Specification G34, G35 or G36.

Wherever possible, a draft Specification G34, G35 or G36 is to be prepared at the same time and by the same person as the Project EMP.

It is not sufficient to attach extracts from the REF / EIS / conditions to approval / Project EMP to the contract and require these to be met. All environmental requirements must be included as a contract specification.

There may be some benefit in including a copy of the Project EMP as a supplementary document, to provide tenderers with a general summary of project environmental issues. This is a matter for judgement in relation to individual projects.

9.5.2 RTA Model Specification G34, G35 or G36 RTA Model Specification G34 – Environmental Protection – Maintenance Works, G35 - Environmental Protection Requirements, or G36 - Environmental Protection Management System is to be prepared for each contract in accordance with Clause 2.4.6 of the Engineering Contracts Manual. RTA Model Specification G34, G35 or G36 may need to be varied to suit the specifics of the project.

The wording in Specification G34, G35 or G36 needs to be as detailed and specific as possible because it provides the basis for tenderers to prepare the Contractor’s Environmental Management Plan (see Chapter 9.7) and their price for the work. However, a contractor can be given some flexibility in achieving environmental requirements, particularly if this might achieve improved practice. For more detail, see Clause 2.4.6 of the Engineering Contracts Manual.



If a Project EMP has assigned environmental management responsibilities between the RTA and contractors, it may be of benefit to append that information to Specification G35 or G36 with references to specifications for each action identified. This may help contractors in preparing their Contractor’s EMP. Where possible, a draft Specification G35 or G36 should be prepared at the same time as a Project EMP is prepared. The Project EMP should be prepared by the same person as Specification G35 or G36.

9.6 Tender Assessment / Selection of Contractor Environment is to be a specific assessment criterion. If the project has particular environmental sensitivity, a person with appropriate environmental expertise is to be included on the tender assessment, panel. This might be, for example, the Regional environmental staff or an appropriate person from RTA Environmental Technology, Environment Branch or another agency.

In all cases, tender assessment panels are to consult Regional environmental staff in the first instance if environmental expertise is required to assist in their assessment. If weightings are used in the assessment process, a specific weighting is to be accorded to environmental protection.

9.7 Contractor’s Environmental Management Plan

9.7.1 RTA requirement Specifications G34, G35 and G36 require the contractor to submit a Contractor’s EMP for the work as part of its Quality Plan, at least ten working days prior to the proposed commencement of any construction work. No construction works are to commence until the Contractor’s EMP is submitted and the Superintendent releases the Hold Point.

9.7.2 RTA Review of Contractor’s EMP The Superintendent should normally consider the Contractor’s EMP and release the Hold Point within ten working days of receipt of the EMP. The onus rests with the Superintendent to ensure that Regional environmental staff, the Project Manager and other specialist staff as required are available to participate in the consideration of the Contractor’s EMP.

9.8 Construction Monitoring and Auditing All monitoring requirements arising from source documents are to be included in the EMP.

The Contractor’s EMP and its implementation are to be subject to the same quality assurance and audit procedures as other aspects of the project.

Auditing can be undertaken against the conditions of approval and against individual elements of the EMP.



The contractor is able to undertake internal auditing against the Quality Plan and the Contractor’s EMP. The Superintendent of the contract is to audit contract performance in accordance with the Quality Plan / Contractor’s EMP. (Refer to Figure 7). A Verification Report can be prepared to establish how well the contractor’s performance matches the requirements of the EMP.

In accordance with the Engineering Contracts Manual, environmental performance is to be included in the Contractor’s Performance Report.

9.9 Handover phase

9.9.1 Introduction To ensure the continuing highest standards of environmental management after completion of construction, there are two key tasks:

confirming that the environmental undertakings in relation to construction have been completed satisfactorily.

passing on to the Maintenance Engineer / Bridge Maintenance Engineer the environmental undertakings in relation to operation and maintenance.

(Refer to Figure 7)

The satisfactory completion of these tasks requires a specific, formal handover.

Ongoing environmental undertakings will include specific provision of plant, labour and finance for continuing monitoring requirements and for maintenance of environmental “hardware” such as noise barriers, fauna crossings / fencing, permanent sedimentation basins, heritage items, landscaping etc.

9.9.2 Post completion inspection and reporting As noted in Section 4.15 of the RTA’s Engineering Contracts Manual, a post completion inspection is required before the work is accepted. In preparing the checklist of items of work, the environmental undertakings from the Contractor’s EMP are to be listed. During the inspection, any omissions or defects are to be noted against the checklist.

In issuing the Certificate of Practical Completion the environmental undertakings requiring rectification are to be included. The issuing of the final certificate is to be preceded by an environmental compliance check certified by the Project Manager to confirm that the environmental undertakings in relation to construction have been completed satisfactorily.

A similar process in relation to environmental requirements is to continue throughout the handover process - that is, from practical completion until the finalisation of all construction contracts.



9.9.3 Project completion report The Project Completion Report is to include an Environmental Management section covering both the status of construction undertakings and operations and maintenance undertakings from the EMP. This Report is to specify ongoing works required. It can form the handover of responsibility for environmental undertakings to the Maintenance Engineer / Bridge Maintenance Engineer.

9.9.4 Involvement of Regional environmental staff Regional environmental staff should be included in handover meetings and inspections to ensure that ongoing environmental requirements are included in maintenance management schedules.

9.10 Asset Management - Maintenance Activities See Chapter 5.2.2.

9.10.1 Service Delivery Quality Systems The same principles apply to environmental management of maintenance activities, regardless of whether they derive from:

standard maintenance activities

larger or non standard maintenance activities

ongoing maintenance commitments arising from the environmental impact assessment of a construction activity.

They also apply whether maintenance is undertaken by the RTA, a contractor or under a single invitee contract.

Just as the environmental requirements arising from the environmental impact assessment for a construction activity are reflected into actual construction by way of an EMP, you should consider preparing an EMP for maintenance activities to reflect the requirements arising from their environmental impact assessment. While such an EMP might be a brief document only, it can assist in the detailed implementation of environmental impact assessment requirements as part of service delivery quality systems.

Service delivery quality systems should include standard procedures to address environmental undertakings. For example, these could be in the form of standard Activity Guidelines such as those used in the Maintenance Management System (MMS).

9.10.2 Maintenance Monitoring and Auditing The monitoring and auditing procedures of the service delivery quality systems are to include the environmental aspects of both project specific and standard maintenance activities. If necessary, you can include a provision for audit of specific environmental matters by qualified specialists in the field.



Internal auditing can be undertaken against established procedures such as Activity Guidelines, Environmental Work Plans or similar. External audit can proceed in relation to the provisions of the maintenance EMP and ultimately, to the conditions of project approval in the assessment and determination of the REF/EIS.

9.10.3 Performance specified maintenance contracts In the case of Performance Specified Maintenance (PSM) contracts, preparation of a Contractor’s EMP is seen as a desirable method to ensure that environmental considerations are adequately incorporated in maintenance activities.

The person preparing tender documents is to consult Regional environmental staff and is to ensure that appropriate environmental requirements are included.

Documentation accompanying the tender documents is to advise tenderers that the selected contractor will be required to prepare a Contractor’s EMP for the work, as part of their Quality Plan, and that possession of the site will not be granted until this has been completed.

It is possible that REFs for regular or one-off maintenance activities will not have been prepared at the time of Contractor’s EMP preparation. In this case, the Contractor’s EMP will need to provide for inclusion of requirements arising from these as they are developed.

In other respects, the Contractor’s EMP prepared for a PSM contract is to be treated similarly to that for a Contractor’s EMP as discussed in Chapter 9.7.

9.11 Direct Control Works A process similar to that shown in Figure 7 is to apply. The RTA’s Project Manager is to prepare the EMP. Regional environmental staff are to approve the EMP. The provisions of the EMP are to be reflected in job specifications for particular tasks.

No work is to commence until approval is given to the Project EMP.

It is the RTA’s responsibility to ensure that the environmental requirements of the job specifications are met. Construction and maintenance monitoring and auditing are to be subject to the same quality assurance and audit procedures as other parts of the project, in a similar way to that discussed in Chapter 9.8.

Handover and asset management is to be in accordance with Chapters 9.9 and 9.10.

Additional statutory considerations


10. Additional statutory considerations

You should be aware of other processes, such as:

legal challenges

Commissions of Inquiry

applications for approvals, licences and permits.

10.1 Legal challenges under the EP&A Act You should seek legal advice immediately any RTA officer receives any information regarding possible legal action against the RTA in relation to an environmental impact assessment.

As there is always a potential for a Project Manager to be called as a witness, it is advisable to keep a record of all relevant information. This might extend to diaries and even logs of important phone calls.

10.1.1 Challenges to an activity You must establish that the environmental impacts of a proposed activity have been considered. Confirmation that a REF has been prepared is usually sufficient.

10.1.2 Challenges to a decision not to prepare an EIS Under Section 123 of the EP&A Act, the decision to allow an activity to proceed may be challenged on the basis that there are likely to be significant impacts and that an EIS should have been prepared.

10.1.3 Challenges to EISs Under Section 123 of the EP&A Act, “any person” may bring proceedings in the Land and Environment Court for an order to remedy or restrain a breach of the Act. For an EIS, proceedings may be instituted that:

challenge the adequacy of an EIS, or

allege that procedures relating to the preparation or publication of an EIS have not been followed, even if the assessment of impacts has been competently prepared.

If an EIS is invalidated in the Land and Environment Court, any determination based on the EIS may also be invalid.

Procedures


10.2 Commissions of Inquiry If a Commission of Inquiry is established to examine the environmental aspects of any of the RTA’s proposed activities, legal advice should be sought immediately.

In terms of Section 119 of the EP&A Act, the Minister for Infrastructure and Planning may at any time direct that a public inquiry be held to examine the environmental aspects of:

any proposed designated development which is the subject of a development application under Part 4, or

any proposed activity which is subject to an EIS in accordance with Part 5.

The Minister for Infrastructure and Planning is authorised to appoint persons to a Commission of Inquiry to conduct the inquiry. However, the appointees to the Commission of Inquiry are completely independent and are not subject to the directions of the Minister about the Commission of Inquiry’s report, findings or recommendations.

Under the designated development provisions of Part 4 of the EP&A Act, a person who has lodged a written objection to a development application may seek a public hearing and the Minister for Infrastructure and Planning is required to establish a Commission of Inquiry (See Chapter 8.4).

Inquiries must be held in public, and prior notice published in the Gazette. A Commission of Inquiry is entitled to call witnesses and to demand documents. The Commission must also report its findings and make these findings public.

A Commission of Inquiry would normally be held after an EIS is exhibited and before it is determined. Its findings are recommendations only, which the determining authority must take into account in making its decision on whether the proposed activity should proceed. The Minister for Infrastructure and Planning must consider it in deciding whether to give approval to the proposed activity.

10.3 Approvals, Licences and Permits After completing the environmental impact assessment process, various statutory authorities have requirements for carrying out the proposed activity. Usually you must obtain an approval, licence or permit.

When consulting other agencies in relation to a REF or EIS, it is advisable to seek specific advice on likely approvals, licences or permits that will be required. To the extent that they are known, these requirements should be incorporated into environmental impact assessment documents at the earliest possible stage. They should also be reflected where possible in the Environmental Management Plan and tender documents.

Conclusion


11. Conclusion

The assessment of environmental impacts within the RTA is in a process of change. This is in response to new corporate commitments and increased community expectations. These Guidelines have been prepared to help respond to these changes. However, they should be used in conjunction with advice which is available on an ongoing basis from Regional environmental staff or Environment Branch.

While these guidelines concentrate on the requirements for formal assessment under the EP&A Act, it is emphasised that environmental assessment should be incorporated throughout the project development and implementation process.


Part D

Procedures


12. Procedure EIA 01 - Preparing and assessing a Review of Environmental Factors under Part 5 of the Environmental Planning and Assessment Act

13. Procedure EIA 02 - Preparing and assessing an Environmental Impact Statement under Part 5 of the Environmental Planning and Assessment Act

14. Procedure EIA 03 - Preparing and assessing an Environmental Impact Statement for a designated development under Part 4 of the Environmental Planning and Assessment Act

15. Procedure EIA 04 - Preparing a Species Impact Statement under Parts 4 or 5 of the Environmental Planning and Assessment Act

16. Procedure EIA 05 - assessing the environmental impact of a modified proposal under Part 5 of the Environmental Planning and Assessment Act

17. Procedure EIA 06 - Implementing the environmental conditions after the determination

Procedure EIA 01 - Preparing and assessing a Review of Environmental Factors under Part 5 of the Environmental Planning and Assessment Act


12. Procedure EIA 01 - Preparing and assessing a Review of Environmental Factors under Part 5 of the Environmental Planning and Assessment Act

12.1 Purpose The purpose of this environmental impact assessment procedure is to prepare and assess a Review of Environmental Factors for an RTA activity which adequately conforms with Section 111 of the Environmental Planning and Assessment Act 1979 ie. examine and take into account to the fullest extent possible all matters affecting or likely to affect the environment by reason of that activity.

12.2 Scope The aim of this procedure is to identify and assess the significance of any possible environmental impacts and propose mitigating measures.

12.3 Definitions Decision Maker: The person with direct or delegated authority to

decide if the proposed activity should proceed: for example, a Director; a Regional Manager; the Manager Infrastructure Development; the General Manager Pacific Highway; or appropriate functional managers such as Regional Development, Asset or Road Safety and Traffic Managers.

Environmental Assessor: The Regional Environmental Adviser, Senior Environmental Adviser or Environmental Officer within the Region or functional office where the proposed activity is located or which has primary carriage of the proposed activity.

EP&A Act: Environmental Planning and Assessment Act 1979 EP&A Reg: Environmental Planning and Assessment Regulation

2000 EPBC Act: Commonwealth Environment Protection and

Biodiversity Conservation Act 1999 EIS: Environmental Impact Statement Proponent: The person with direct project responsibility: for

example, the Project Manager, Maintenance Engineer, Bridge Engineer.

REF: Review of Environmental Factors



SIS: Species Impact Statement

12.4 Responsibilities Proponent: is responsible for managing the environmental impact assessment process to the point of forwarding the REF to the environmental assessor. Environmental assessor: is responsible for assessing the REF and recommending to the approving authority whether an EIS is required and whether the proposal should proceed (with or without conditions).Decision maker: is responsible for determining whether an EIS is required and whether the proposal should proceed (with or without conditions).



-

12.5 Procedure

12.5.1 Establish the objectives Person responsible: Proponent References

Establish relevant and meaningful objectives for the proposed activity. Chapter 5.1.1

12.5.2 Establish the need Person responsible: Proponent References

Include all relevant strategic and more immediate traffic, road safety or environmental / economic / social issues.

Chapter 5.1.2

12.5.3 Assess the options Person responsible: Proponent References

Identify all possible options. Select the preferred option on the basis of a comparative analysis of all relevant economic, environmental and social constraints.

Chapter 5.1.3

12.5.4 Define the activity Person responsible: Proponent References

Include all relevant details in the description of the proposed activity Chapter 5.1.4

12.5.5 Check zoning of affected land Person responsible: Proponent References

Check current LEPs for zoning of land affected by the proposal, together with other environmental planning instruments such as SEPP 4 and SEPP 14 and decide whether the proposal is a Part 5 activity. If roads are a prohibited development or require Council consent, seek advice of Regional environmental staff.

Chapter 5.1.5, 5.1.6

12.5.6 Prepare the REF Person responsible: Proponent References

Consult the affected community and relevant organisations. Determine the scope and content of the REF in accordance with Appendices A, L and N of these Guidelines. Engage appropriate environmental specialists to identify environmental impacts and recommend mitigating measures.

If required, have an appropriate specialist undertake the eight point test of Section 5A of the EP&A Act to determine whether an SIS is required. If an SIS is required then use Procedure EIA-04.

Chapter 6.1.1

Appendix A, C, L, N

EP&A Act s5A, 111 EP&A Reg cl 228

Appendix J



12.5.7 Exhibit the REF Person responsible: Proponent References

If it is considered appropriate, exhibit the REF as part of the community involvement process and invite comments from the affected community. If the REF is to be exhibited, send a draft (including two copies of the main volume) to Environment Branch for review prior to exhibition. Include EPBC Act advertising requirements if relevant.

Chapter 6.4.1

Appendix K, N

12.5.8 Assess the REF Person responsible: Environmental assessor References

Examine the REF, together with any public representations. Undertake any necessary action arising from consideration of the EPBC Act. Prepare a Decision Report for the decision maker, recommending whether an EIS is required and whether the proposal should proceed (with or without conditions). If necessary, seek additional information from the proponent. If necessary, seek concurrence from other RTA staff before finalising the recommendation.

Chapter 6.4.2, Appendix B, N

12.5.9 Determine the REF Person responsible: Decision maker References

Consult Road Network Infrastructure Directorate or other Corporate Directorates as appropriate. Consider the likely environmental impacts of the proposed activity and respond to the recommendation in the Decision Report on whether the proposal should proceed, with or without conditions, or whether an EIS (and SIS) is required.

Chapter 6.4.3.

Appendix B

EP&A Act s5A, 111, 112

12.5.10 Advertise the determination Person responsible: Proponent References

If the REF has been publicly exhibited, advertise the determination which has been made.

Chapter 6.3.3

Procedure EIA 02 - Preparing and assessing an Environmental Impact Statement under Part 5 of the Environmental Planning and Assessment Act


13. Procedure EIA 02 - Preparing and assessing an Environmental Impact Statement under Part 5 of the Environmental Planning and Assessment Act

13.1 Purpose The purpose of this environmental impact assessment procedure is to prepare and assess a Part 5 Environmental Impact Statement for an RTA activity that adequately conforms with the requirements of the Environmental Planning and Assessment Act 1979 and its Regulation.

13.2 Scope This procedure applies to the environmental impact assessment of an activity in accordance with Part 5 of the Environmental Planning and Assessment Act 1979 which has been identified previously as having ‘significant’ environmental impacts.

13.3 Definitions EP&A Act: Environmental Planning and Assessment Act 1979 EP&A Reg: Environmental Planning and Assessment Regulation


Biodiversity Conservation Act 1999 SEPP: State Environmental Planning Policy EIS: Environmental Impact Statement Activity: the formulation of a proposal, or the making of a

recommendation or decision, for the carrying out of a development, work or project for which the approval of a determining authority is required.

13.4 Responsibilities Project Manager: is responsible for managing the Environmental Impact Assessment process to the point of finalising the Representations Report.



Manager Environmental Planning and Assessment, Environment Branch: is responsible for assessing the Representations Report and the environmental impact assessment process.

Director, Road Network Infrastructure: is responsible for recommending to the Chief Executive whether the proposed activity should proceed.

Chief Executive: is responsible for deciding whether to seek approval from the Minister for Infrastructure and Planning for the proposed activity and for making the determination of the proposed activity.

13.5 Procedure





Chapter 5.1.2



Chapter 5.1.3

13.5.4 Define the activity Person responsible: Project Manager Reference


13.5.5 Check zoning of affected land Person responsible: Project Manager References

Check current LEPs for zoning of land affected by the proposed activity. If roads are a prohibited development or require Council consent, seek advice from Regional environmental staff.

If the proposed activity is a Part 4 development, use Procedure EIA-03.

Chapter 5.1.5, 5.1.6



13.5.6 Prepare Environmental Impact Statement Person responsible: Project Manager References

Obtain the requirements of the Director-General of the DIPNR, for an Environmental Impact Statement. Undertake community involvement. Consult with relevant organisations. Undertake specialist studies. Address the matters in Schedule 2 of the EP&A Regulation. Provide a declaration hat the EIS has been properly prepared. Undertake any necessary action arising from consideration of the EPBC Act.

Send a completed draft of the EIS (including two copies of the main volume) to Environment Branch for comment prior to printing and exhibition.

Chapter 6.5.1.

Appendix D, E, F, L, N

EP&A Act s111, 112, EP&A Reg cl 228, 229, 230, 231, Schedule 2

13.5.7 Prepare Species Impact Statement Person responsible: Project Manager References

If the eight point test of Section 5A of the Environmental Planning and Assessment Act 1979 indicates that a Species Impact Statement is required for terrestrial or aquatic species, then use Procedure EIA-04.

Chapter 6.5.1 Appendix J

EP&A Act s5A, 111, 112, 112C

13.5.8 Exhibit EIS Person responsible: Project Manager References

Exhibit the Environmental Impact Statement and Species Impact Statement (if required) for a minimum of 30 days and receive representations from the community. Include EPBC Act advertising requirements if relevant. Send copies of representations to DIPNR (and Department of Environment and Conservation if scheduled premises).

Chapter 6.5.1

Appendix K, N

EP&A Act s113, EP&A Reg cl 234, 235, 236, 237

13.5.9 Assess EIS and representations received during exhibition Person responsible: Project Manager References

Examine and consider the EIS. Address all issues raised in representations and prepare a draft Representations Report. Send draft Representations Report to Manager Environmental Planning and Assessment in Environment Branch and liaise with Environment Branch to finalise Representations Report. Arrange for the Representations Report to be sent to the Director, Road Network Infrastructure.

Chapter 6.5.2

Appendix G, K

EP&A Act s112, 113

EP&A Reg cl 243

13.5.10 Assess the Representations Report and the EIA process Person responsible: Manager Environmental Planning and Assessment

References

Examine draft Representations Report and consult Project Manager to achieve final report.

Chapter 6.5.3



13.5.11 Recommend decision on proposed activity Person responsible: Director, Road Network Infrastructure References

Recommend to the Chief Executive whether the proposed activity should proceed. Send the recommendation to the Manager Environmental Planning and Assessment to be incorporated in the package of material presented to the Chief Executive for his / her decision.

Chapter 6.5.3

13.5.12 Assess the EIA process Person responsible: Manager Environmental Planning and Assessment

References

Prepare independent assessment for the Chief Executive on the EIA process for the proposed activity. Prepare a package of material for the Chief Executive, incorporating the EIS (and SIS if relevant), the Representations Report, the recommendation of the Director, Road Network Infrastructure, the independent assessment of the EIA process and any other relevant material. Include as necessary a draft submission to the Director-General of the DIPNR seeking the approval of the Minister for Infrastructure and PlanningError! Bookmark not defined. (or, if a SIS has been prepared, a draft submission to the Director-General of the DEC and / or the Director-General of the DPI seeking concurrence to the proposed activity.)

Chapter 6.5.3

13.5.13 Decide whether to seek approval Person responsible: Chief Executive References

Examine the EIS and Representations Report and any other relevant information. Decide whether to seek approval from the Minister for Infrastructure and Planning for the proposal. If yes, see procedures below. If no, the Chief Executive makes a determination to that effect.

Chapter 6.5.3

13.5.14 Seek concurrence of the Director-General of the DEC Person responsible: Chief Executive References

If an SIS (or SISs) has been prepared, the Chief Executive sends the Representations Report with an accompanying submission to the Director-General of the DEC and/or the Director-General of the DPI, seeking concurrence in the proposal proceeding. See Procedure EIA-04.

Chapter 6.5.3

Appendix J

EP&A Act s 112C



13.5.15 Negotiate concurrence conditions with the DEC Person responsible: Project Manager References

After receipt of draft conditions of concurrence from the DEC, consult other RTA staff as appropriate. These might include, for example, staff from RNI, Motorways, Regional environmental staff, Environment Branch, maintenance or property staff. The Project Manager for delivery of the project should be included. Prepare a consolidated RTA response to the draft conditions of concurrence as the basis for negotiations with DIPNR. Lead the negotiations and finalise agreement with the DEC, subject to consultation with other RTA staff as appropriate.

Chapter 6.5.3.3

Appendix J

13.5.16 Seek approval of Minister for Infrastructure and Planning Person responsible: Chief Executive References

The Chief Executive sends the Representations Report with an accompanying submission to the Director-General of DIPNR, referring to the concurrence of the Director-General of the DEC and/or Director-General of the DPI if appropriate, and seeking the approval of the Minister for Infrastructure and Planning to the proposed activity. (The Minister for Infrastructure and Planning will arrange for any necessary approval from the Commonwealth Environment Minister under the EPBC Act)

Chapter 6.5.3

Appendix K

Appendix N

EP&A Act, s115A

13.5.17 Exhibit the Preferred Activity Report Person responsible: Project Manager References

Exhibit the Preferred Activity Report as soon as possible after receiving advice that the Chief Executive has sought the approval of the Minister for Infrastructure and Planning.

Chapter 6.5.2.6, 6.5.3.5

Appendix K

13.5.18 Negotiate the conditions of approval Person responsible: Project Manager References

After receipt of draft Conditions of Approval from the DIPNR, consult other RTA staff as appropriate. These might include, for example, staff from RNI, Motorways, Regional environmental staff, Environment Branch, maintenance or property staff. The Project Manager for delivery of the project should be included. Prepare a consolidated RTA response to the draft Conditions of Approval as the basis for negotiations with DIPNR. Lead the negotiations and finalise agreement with DIPNR, subject to consultation with other RTA staff as appropriate.

Chapter 6.5.3.6



13.5.19 Determine the proposed activity Person responsible: Chief Executive References

If approval is not granted the proposed activity cannot proceed. If the Minister for Infrastructure and Planning approves the proposed activity, the Chief Executive may make a determination to proceed to construction, subject to any conditions placed upon the activity by the Minister for Infrastructure and Planning (and if appropriate the Commonwealth Environment Minister under the EPBC Act). The draft determination statement is provided to the Chief Executive by the Manager Environmental Planning and Assessment, Environment Branch.

Chapter 6.5.3

Appendix N

EP&A Act, s112

13.5.20 Notify public Person responsible: Project Manager References

Advertise and exhibit the approval of the Minister for Infrastructure and Planning, the determination of the Chief Executive, the DIPNR report and the RTA Representations Report (and, if appropriate, the approval of the Commonwealth Environment Minister). Exhibit at all the places where the EIS was exhibited. Send copies of the approval and determination and the other documentation as appropriate (eg conditions of approval) to people who submitted representations.

Chapter 6.5.3

Appendix N

EP&A Reg cl 243

Procedure EIA 03 - Preparing and assessing an Environmental Impact Statement for a designated development under Part 4 of the Environmental Planning and Assessment Act


14. Procedure EIA 03 - Preparing and assessing an Environmental Impact Statement for a designated development under Part 4 of the Environmental Planning and Assessment Act

14.1 Purpose The purpose of this environmental impact assessment procedure is to prepare and assess a Part 4 Environmental Impact Statement for proposed development by the RTA.

14.2 Scope This procedure applies to the environmental impact assessment of a designated development in accordance with Part 4 of the Environmental Planning and Assessment Act 1979. The aim of the EIS is to identify and assess the environmental impacts of the designated development and propose mitigating measures so that any development satisfies the requirements of the Consent Authority.



Biodiversity Conservation Act 1999 SEPP: State Environmental Planning Policy Designated development: Development which is described in Schedule 3 of

the EP&A Regulation. Developments which affect coastal wetlands gazetted under State Environmental Planning Policy No 14 or littoral rainforests gazetted under State Environmental Planning Policy No 26.

Consent Authority: the relevant Council or a Minister or public authority designated by an environmental planning instrument.



14.4 Responsibilities Project Manager: is responsible for managing the Environmental Impact Assessment process to the point of forwarding the Development Application to the relevant Council.

14.5 Procedure





Chapter 5.1.2



Chapter 5.1.3

14.5.4 Define the activity Person responsible: Project Manager References


14.5.5 Check zoning of affected land Person responsible: Project Manager References

Check current LEPs for zoning of land affected by the proposal. If roads are a prohibited development, seek advice from Regional environmental staff. If the proposal is permitted without consent, use Procedure EIA-01 or EIA-02. If the proposal is designated development permissible with consent, proceed.

Chapter 5.1.5, 5.1.6

EP&A Act s74



14.5.6 Prepare Environmental Impact Statement Person responsible: Project Manager References

Obtain the requirements of the Director-General of Department of Infrastructure, Planning and Natural Resources for an Environmental Impact Statement. Undertake community involvement. Consult with relevant organisations. Undertake specialist studies.

Address the issues specified in Schedule 2 of the EP&A Regulation. Provide a declaration that the EIS has been properly prepared.

Undertaken any necessary action arising from consideration of the EPBC Act.

Chapter 8.2

Appendix, D, E, F I, L, N

EP&A Reg cl 71, 72, 73, Schedule 2

14.5.7 Prepare Species Impact Statement Person responsible: Project Manager References

If the eight point test of Section 5A of the Environmental Planning and Assessment Act 1979 indicates that a Species Impact Statement is required for terrestrial or aquatic species, then use Procedure EIA 04.

Chapter 8.2, 8.4, Appendix J

EP&A Act s5A, 90

14.5.8 Prepare Development Application for Consent Authority Person responsible: Project Manager References

Prepare the development application. Provide a copy to affected landholders BEFORE submitting to the relevant consent authority. Submit the development application to the consent authority with the required number of copies of the EIS.

Chapter 8.2, 8.3, Appendix F

EP&A Act, s77,

EP&A Reg cl 49, 50 Subsequent action is the responsibility of the consent authority. See Figure 6 in Chapter 8.

Procedure EIA 04 - Preparing a Species Impact Statement under Parts 4 or 5 of the Environmental Planning and Assessment Act


15. Procedure EIA 04 - Preparing a Species Impact Statement under Parts 4 or 5 of the Environmental Planning and Assessment Act

15.1 Purpose The purpose of this procedure is to:

meet the requirements of Section 77A or section 112(1B) of the Environmental Planning and Assessment Act 1979 where a proposal would affect critical habitat, or would be likely to significantly affect threatened species, populations or ecological communities, or their habitats. This applies to all flora and fauna, aquatic and terrestrial.

develop measures which would reduce the environmental impact of the proposal and so produce a proposal which would be granted concurrence by the Director-General of the DEC and/or the Director-General of the DPI.

15.2 Scope This procedure applies to the preparation and assessment of a Species Impact Statement (SIS) in accordance with Part 4 or Part 5 of the Environmental Planning and Assessment Act 1979. The aim of the Species Impact Statement is to identify the significant impacts on critical habitat or threatened species, populations or ecological communities, or their habitats, and to propose mitigating measures such that the proposal meets the requirements of the Director-General of National Parks and Wildlife (DEC) and/or the Director-General of the DPI.


2000 TSC Act: Threatened Species Conservation Act 1995 FM Act: Fisheries Management Act, 1994 Consent Authority: the relevant Council or a Minister or public authority

designated by an environmental planning instrument.



15.4 Responsibilities Project Manager: is responsible for managing the Species Impact Statement process to the point of forwarding it to the Director-General of the DEC and/or the Director-General of the DPI.

Chief Executive: is responsible for seeking the concurrence of the Director-General of the DEC and/or the Director-General of the DPI to the proposed activity.

15.5 Procedure

15.5.1 Investigate need for SIS Person responsible: Project Manager References

If critical habitat is affected or the eight point test of Section 5A of the EP&A Act indicates that there is a significant impact on threatened species, populations or ecological communities and their habitats, engage appropriate specialists to prepare an SIS or SISs.

Chapter 6.5.1, 8.2, 8.4.

Appendix J

EP&A Act s5A, 77, 112

15.5.2 Prepare the SIS Person responsible: Project Manager References

Obtain the requirements of the Director-General of the DEC and/ or the Director-General of the DPI for an SIS. The Director-General should provide the requirements within 28 days of the request.

Prepare the SIS in accordance with Sections 109 and 110 of the TSC Act, and/or sections 221J and 221K of the FM Act. The SIS must specify the qualifications and experience in threatened species conservation of the person preparing it. It must be signed by the Project Manager on behalf of the RTA as proponent. It must also have regard to any Recovery Plan or Threat Abatement Plan prepared by the National Parks and Wildlife Service (DEC)and/or NSW Fisheries (DPI) which applies to the land being affected by the proposal.

Chapter 6.5.1, 8.4, Appendix J

EP&A Act s5A, 76A, 77A-77C, 90,

TSC Act s109-112

FM Act S221J, 221K

15.5.3 Exhibit the SIS Person responsible: Consent Authority / Project Manager References

SIS under Part 4 of the EP&A Act

The Project Manager sends the DA and SIS to the Consent Authority for it to be exhibited. Assessment then becomes the responsibility of the consent authority.


Exhibit the SIS, as part of or in conjunction with the EIS, for a minimum of 30 days and receive representations from the community.

Appendix K

EP&A Act s113, EP&A Reg cl 234-236



15.5.4 (Part 5 of the EP&A Act) Assess the SIS and submissions received during exhibition period

Person responsible: Project Manager References

Send copies of representations to the Department of Infrastructure, Planning and Natural Resources and to the Director-General of the DEC and/or the Director-General of the DPI. Address all issues raised in submissions and prepare an Assessment Report(s) for the SIS (or SISs) which can be incorporated into the Representations Report for an EIS - see Procedure EIA-02.

Appendix J

EP&A Act s76A, 77A-77C, 112C, 113

15.5.5 Seek concurrence of the Director-General of the DEC and/or the Director-General of the DPI to the proposal

Person responsible: Chief Executive References

If it is decided to proceed with the proposal (after consideration of the EIS and SIS): send the SIS(s) and Assessment Report(s) to the Director-General of the DEC and/or the Director-General of the DPI and seek concurrence to the proposal.

Appendix J

EP&A Act s76A, 77A-77C, 112C, 113

15.5.6 Determine the proposal Person responsible: Consent Authority / Chief Executive References

If concurrence is not granted the proposal cannot proceed.


If concurrence is granted and the consent authority decides to grant consent, the consent authority includes all conditions imposed in the notification of concurrence and any other conditions which are consistent with the concurrence.


If concurrence is granted, the Chief Executive may seek the approval of the Minister for Infrastructure and Planning to the associated EIS, subject to the conditions imposed by the Director-General of the DEC and/or the Director-General of the DPI.

Procedure EIA-02, EIA-03

Appendix J EP&A Act, s112

15.5.7 Notify public Person responsible: Consent Authority / Project Manager References

Notify the public in conjunction with the notification concerning the associated EIS.

Procedure EIA-02, EIA-03

Procedure EIA 05 - assessing the environmental impact of a modified proposal under Part 5 of the Environmental Planning and Assessment Act


16. Procedure EIA 05 - assessing the environmental impact of a modified proposal under Part 5 of the Environmental Planning and Assessment Act

16.1 Purpose The purpose of this environmental impact assessment procedure is to prepare and assess appropriate environmental impact assessment documentation for a proposed modification to an approved project.

16.2 Scope This procedure applies to the environmental impact assessment of an activity which was previously approved to proceed, but which now is to be modified.


2000 Activity: the formulation of a proposal, or the making of a

recommendation or decision, for the carrying out of a development, work or project for which the approval of a determining authority is required.

Decision maker The person with direct or delegated authority to decide if the proposed modification to the approved activity should proceed: for example, a Director; a Regional Manager; the Manager Infrastructure Development; the General Manager Pacific Highway; or appropriate functional managers such as Regional Development, Asset or Road Safety and Traffic Managers. (In the case of a proposed modification that is not consistent with Conditions of Approval, that decision is preliminary only, subject to the appropriate Director and the Chief Executive agreeing to seek the modified approval of the Minister for Infrastructure and Planning).

Environmental Assessor: The Regional Environmental Adviser, Senior Environmental Adviser or Environmental Officer



within the Region or functional office where the proposed modification to the approved activity is located or which has primary carriage of the proposed modification to the approved activity.

Proponent: The person with direct project responsibility: for example, the Project Manager, Maintenance Engineer, Bridge Engineer.

16.4 Responsibilities Proponent : is responsible for re-examination of the activity and, if required, public exhibition of the modification and environmental impact assessment documentation.

Environmental assessor: is responsible for assessing the EIA.

Decision maker: is responsible for determining whether the proposed modification to the approved activity should proceed (with or without conditions) and whether an EIS is required. (In the case of a proposed modification that is not consistent with Conditions of Approval, the determination is preliminary only, subject to the appropriate Director and the Chief Executive agreeing to seek the modified approval of the Minister for Infrastructure and Planning).

16.5 Procedure A - REF

16.5.1 Re-examine an activity subject to a previous REF Person responsible: Proponent Reference

Examine the modified activity in relation to:

• any changes in the environment since the previous REF

• any changes in legislation or environmental policies.

Chapter 7.2.1

EP&A Act s111

16.5.2 Assess the re-examination of the activity Person responsible: Environmental Assessor Reference

Assess the proposed changes for the likely significance of environmental impacts and determine:

• whether there are no additional impacts and the proposed activity can proceed

• whether there are additional impacts and a new REF is required

• whether there are significant impacts and an EIS is required.

Sign a declaration to this effect.

If a new REF or EIS is not required, proceed to the following step.

If a new REF or EIS is required, see Procedures EIA-01, EIA-02

Chapter 7.2.1

Appendix H



16.5.3 Determine the modifications Person responsible: Decision Maker Reference

Sign a determination / Decision Report on whether the proposed activity should proceed, with or without conditions.

Chapter 7.2.1

Appendix H

16.6 Procedure B - EIS

16.6.1 Re-examine an activity subject to a previous EIS Person responsible: Proponent Reference

Examine the modified activity in relation to:

• any changes in the environment since the previous EIS

• any changes in legislation or environmental policies.

Determine whether the modified activity is consistent with the Conditions of Approval of the Minister for Infrastructure and Planning.

Chapter 7.2.2

Appendix H

EP&A Act s111, s115BA

Appendix O

EP&A Reg cl 238-242

16.6.2 Modification consistent with Conditions of Approval - Assess the re-examination of the activity

Person responsible: Environmental Assessor Reference

Consider the environmental impacts of the proposed modification:

• unlikely to have any additional environmental impacts – file note.

• likely to have additional environmental impacts – REF (or EIS).

•

If further environmental impact assessment is not required, see 16.5.3 above.

If a REF or EIS is required, use Procedures EIA-01, EIA-02

Note that advice about the modification is to be provided to the RTA’s Manager Environmental Planning and Assessment, for referral to the DIPNR.

Chapter 7.2.2

Appendix H

16.6.3 Modification not consistent with Conditions of Approval - Assess the re-examination of the activity

Person responsible: Environmental Assessor Reference

Consider the environmental impacts of the proposed modification:

• unlikely to have any additional environmental impacts – file note.

• likely to have additional environmental impacts – REF (or EIS). If an EIS is required, use Procedure EIA-02.

Chapter 7.2.2

Appendix H



16.6.4 Modification not consistent with Conditions of Approval - Exhibit the particulars of the modification

Person responsible: Proponent Reference

Exhibit the particulars of the proposed modification, together with either:

• A document that substantiates that it is unlikely to have any additional environmental impacts; or

• The REF. Send a draft (including two copies of the main volume) of the REF to Environment Branch for review prior to exhibition. Include EPBC Act advertising requirements if relevant.

EP&A Act s 111, 112, 115BA, EP&A Reg cl 238, 242

Chapter 7.2.2

Appendix H

16.6.5 Modification not consistent with Conditions of Approval – Assess the proposed modification

Person responsible: Environmental assessor Reference

Examine the REF or other assessment document noted in 16.6.4; together with public representations. Undertake any necessary action arising from consideration of the EPBC Act. Prepare a Decision Report for the decision maker, recommending whether an EIS is required and whether the proposal should proceed (with or without conditions), subject to obtaining the modified approval of the Minister for Infrastructure and Planning. If necessary, seek additional information from the proponent. If necessary, seek concurrence from other RTA staff before finalising the recommendation.

Chapter 7.2.2

Appendix H

16.6.6 Modification not consistent with Conditions of Approval – Preliminary Determination

Person responsible: Decision maker Reference

Make a preliminary determination in response to the recommendation in the Decision Report. Seek agreement of appropriate Director to recommend that the Chief Executive seek modified approval of the Minister for Infrastructure and Planning.

Chapter 7.2.2

Appendix H

----

16.6.7 Seek modified approval of Minister for Infrastructure and Planning

See Procedure EIA-02 (13.5.15)

16.6.8 Determination See Procedure EIA-02 (13.5.17)

16.6.9 Notify the public See Procedure EIA-02 (13.5.18)

Procedure EIA 06 - Implementing the environmental conditions after the determination


17. Procedure EIA 06 - Implementing the environmental conditions after the determination

17.1 Purpose The purpose of this procedure is to:

specify the environmental outcomes which are required for the project

implement the environmental conditions specified by the approval

allocate responsibilities for implementing these conditions before, during and after construction.

17.2 Scope This procedure is based on a major project with different levels of EMP but the concepts remain the same for direct control works and smaller projects. It applies to the preparation of Environmental Management Plans, the development of contracts and tender documents and the handover of environmental responsibilities for the project to the Maintenance Manager.

17.3 Responsibilities Project Manager (Superintendent of Contract): is responsible for the implementation of environmental conditions of a construction project until handover to the Maintenance Manager.

Maintenance Engineer, Bridge Maintenance Engineer: is responsible for the ongoing implementation of environmental conditions of a construction project once the Project Completion Report has been accepted.

Maintenance Engineer, Bridge Maintenance Engineer: is responsible for implementing the environmental conditions specified in the Assessment Report for the REF of a maintenance project.



17.4 Procedure

17.4.1 Prepare Project Environmental Management Plan (PEMP), detailed design and Specification G35 or G36

Person responsible: Project Manager Reference

Prepare a Project Environmental Management Plan (PEMP) based on environmental requirements contained in conditions to approval and any further undertakings made since the determination. Incorporate environmental requirements in detailed design drawings. Prepare a draft Specification G35 or G36. Undertake all these activities together.

Chapter 9.3, 9.4

17.4.2 Prepare Tender Documents Person responsible: Project Manager Reference

Ensure that all conditions of approval are translated correctly into contract documents and that their satisfaction is part of contract requirements. Incorporate environmental conditions as specifications in the tender documents by using RTA Model Specifications including Specification G34, G35 or G36 (amended as necessary). For projects to be constructed by RTA personnel, the environmental conditions are incorporated in the Job Specifications.

Chapter 9.5

17.4.3 Assess Tenders Person responsible: Project Manager Reference

Include environmental requirements in the tender assessment, criteria. Include a person with appropriate environmental expertise in the tender assessment panel or consult RTA environmental staff.

Chapter 9.6

17.4.4 Review the Contractor Environmental Management Plan (CEMP)

Person responsible: Project Manager (Superintendent of the Contract)

Reference

The contractor or RTA construction unit prepares a Contractor’s Environmental Management Plan (CEMP) for inclusion in their Quality Plan using the environmental outcomes specified in the tender documents. Project Manager and environmental staff review the CEMP in accordance with hold point provisions.

Chapter 9.7

17.4.5 Audit the Contractor Environmental Management Plan Person responsible: Project Manager (Superintendent of the Contract)

Reference

The Superintendent audits the environmental performance of the contractor in comparison with the CEMP. The Superintendent also organises external audits of the contractor’s environmental performance in comparison with the CEMP.

Chapter 9.8



17.4.6 Post completion inspection Person responsible: Project Manager Reference

At the completion of the project, an inspection of the environmental aspects of the project is carried out to identify any environmental undertakings which have not been completed. The Project Manager certifies that all environmental undertakings have been completed satisfactorily prior to the issue of the final Certificate of Practical Completion.

Chapter 9.9.2

17.4.7 Handover to Maintenance Engineer / Bridge Maintenance Engineer

Person responsible: Project Manager / Maintenance Engineer / Bridge Maintenance Engineer

Reference

A Project Completion Report is issued to the Maintenance Engineer / Bridge Maintenance Engineer which contains information on the status of environmental undertakings at the completion of construction and the operational environmental controls contained in the EMP. At this point responsibility for environmental performance is handed over to the Maintenance Manager. The Maintenance Manager is not to accept handover until construction environmental undertakings have been fulfilled.

Chapter 9.9.3

17.4.8 Include maintenance requirements in service delivery quality systems

Person responsible: Maintenance Engineer / Bridge Maintenance Engineer

Reference

Examine service delivery quality systems (and redraft as necessary) to ensure that they include appropriate measures to meet environmental requirements.

Section 9.10.1, 9.10.2.

17.4.9 Audit operational environmental requirements Person responsible: Maintenance Engineer / Bridge Maintenance Engineer

Reference

Audit the implementation of the service delivery quality systems in relation to environmental requirements.

Chapter 9.10.2.


Part E—Appendices



B. Decision Reports - Examples

C. Clause 228 of EP&A Regulation, 2000


E. EIS Summary Report - Example

F. Standard Forms

G. Representations Reports

H Amendments after determination - assessment and decision




L. Model briefs for- EIA preparation


N. Commonwealth Environment Protection and Biodiversity Conservation Act 1999


RTA’s proformas for REFs

RTA Environmental Impact Assessment Guidelines, Version 4 A-1


This Appendix applies to Chapter 6.4 and contains three parts.

Foreword

Part 1 - REF Proformas 1 and 2

Part 2 - Guidelines for the preparation of a REF

Foreword This Appendix replaces all previous REF guidelines and proformas.

The REF proformas have been designed to improve the standard of environmental impact assessment, to simplify the decision of which proforma to use for a proposal, and to emphasise the options available for modifying the proformas so that they are more relevant to specific proposals.

Proforma 1 is designed to be used mainly for smaller proposals (including, but not restricted to, road safety and traffic management proposals, overtaking lanes, etc.).

Proforma 2 is designed to be used mainly for larger proposals.

Either proforma can be modified as necessary to reflect the nature, scale and potential impacts of the proposed activity.

The proformas are provided for assistance only. There is no requirement to use a proforma so long as adequate information is provided in accordance with Clause 228 of the Environmental Planning and Assessment Regulation, 2000 to enable the assessing officer to determine whether the environmental impacts of the proposed activity are likely to be significant. Clause 228 is discussed in Appendix C.

For more information on why the RTA prepares REFs, the assessment of REFs and the relationship of REFs to the broader environmental impact assessment and project management processes, refer to Chapters 5 and 6 Chapter 6.4. also includes information about Program and Supplementary REFs.

The Department of Infrastructure, Planning and Natural Resources’ best practice guidelines Is an EIS Required? are most applicable to the person assessing the REF, but they can also serve as a useful guide to the person preparing the REF.


A-2 RTA Environmental Impact Assessment Guidelines, Version 4

The responsible RTA officer is to ensure that the REF is completed in a timely manner and referred to the assessing officer prior to commencement of work. No work is to commence until the REF has been assessed, a Decision Report has been issued and approval has been granted.



Part 1 — REF proformas In general, you should use:

Proforma 1 for small activities such as road safety and traffic management proposals and for other works which seem likely to have little adverse effect on the local community or the environment

Proforma 2 for other activities.

However, both proformas are designed to be modified to suit the nature and scale of a wide variety of proposals. There may well be cases when Proforma 1 is suitable for larger proposals with little apparent environmental impact; and when Proforma 2 is suitable for smaller proposals where impacts are likely to be more substantial.

It is important to keep in mind that all REFs must provide adequate information to enable the assessing officer to determine the likely significance of environmental impacts in accordance with the Department of Infrastructure, Planning and Natural Resources’ best practice guidelines Is an EIS Required?. They can help to do this by considering all of the factors of Clause 228 of the EP&A Regulation, 2000. See Appendix C.

REFs also must provide adequate information to enable the assessing officer to establish a preliminary view about the likely significance of environmental impacts in relation to the EPBC Act. They can help to do this by considering all NES matters and Commonwealth land.

Proforma 1 is little more than a checklist of Clause 228, NES matters and Commonwealth land, so that by completing the proforma, all factors should be addressed. It enables a quick and inexpensive review for small proposals. However, you should be aware of the provision for comments in proforma 1. Where particular impacts require additional information to enable a reasoned assessment to be made, the guidelines in Part 2 of this appendix may be useful.

Proforma 2 includes a Clause 228 checklist and an EPBC Act checklist. They should be included in all Proforma 2 REFs, regardless of their size.

These proformas are provided to help you to prepare REFs. If you are assessing REFs, you should refer to Chapter 6.4.2 and Appendix B.



REF Proforma 1

1. Proposal identification and description 1.1 Name and location of proposed activity:

1.2 RTA Region:

1.3 Council area:

1.4 Source of funding:

1.5 Description of proposal:

2. Statutory Position 2.1 Description of the zoning applying to the proposal.

2.2 Any other relevant matters such as State Environmental Planning Policy No 4 or the Environmental Planning and Assessment Model Provisions.

2.3 Confirmation that the proposal is subject to environmental impact assessment under Part 5 of the EP&A Act.

3. Strategic Stage 3.1 Relationship to planning and environmental background: Describe the

proposed activity’s relationship to National, State, Regional and local land use, environmental and/or transport planning strategies.

3.2 Need for the proposed activity: Need in relation to strategic setting and operational requirements.

4. Concept Stage 4.1 Objectives of the proposed activity.

4.2 Options considered: Describe the options considered and the reasons for selecting the preferred option.

5. Assessment Stage 5.1 Description of the affected environment.

5.2 Detailed assessment of the likely environmental impacts of the proposed activity. Detail of comments should be appropriate to the potential impacts of the activity - in many cases for small activities, brief comments will suffice.

5.3 Main outcomes of the proposed activity: Summary of beneficial outcomes Summary of adverse outcomes.



5.4 Identification and consideration of any relevant Protection of the Environment Policies (under the Protection of the Environment Operations Act) applying to the proposed activity.

6. Implementation Stage 6.1 Describe the proposed management process to ensure that identified

safeguards and mitigating measures will be implemented (include as appropriate construction / maintenance / operation).

7. Work to commence 7.1 Proposed date of commencement of work.

8. Period of construction

9. Attachments 9.1 List of Government agencies or specialist organisations consulted. Major

issues raised, and an indication of where these are addressed in the REF.

9.2 Photographs, maps, etc.

9.3 Other additional material.



10. Consideration of environmental factors Assistance in completing this section can be found in Appendix C.

Notes for completing this section:

i) Circle appropriate ‘Impacts’ (NA) Not applicable, (-ve) Negative impact, (NIL) No impact, (+ve) Positive impact.

Provide comments for each factor in support of the opinion circled in the Impacts column, to the degree of detail appropriate to the proposal and its interaction with the environment.

FACTOR (NSW LEGISLATION) IMPACTS

a. Any environmental impact on a community? NA -ve NIL +ve

Comments:

b. Any transformation of a locality? NA -ve NIL +ve

Comments:

c. Any environmental impact on the ecosystems of the locality?

NA -ve NIL +ve

Comments:

d. Any reduction of the aesthetic, recreational, scientific or other environmental quality or value of a locality?

NA -ve NIL +ve

Comments:

e. Any effect on a locality, place or building having aesthetic, anthropological, archaeological, architectural, cultural, historical, scientific or social significance or other special value for present or future generations?

NA -ve NIL +ve

Comments:

f. Any impact on the habitat of any protected fauna (within the meaning of the National Parks and Wildlife Act, 1974)?

NA -ve NIL +ve

Comments:

g. Any endangering of any species of animal, plant or other form of life, whether living on land, in water or in the air?

NA -ve NIL +ve

Comments:

h. Any long-term effects on the environment? NA -ve NIL +ve

Comments:

i. Any degradation of the quality of the environment? NA -ve NIL +ve

Comments:

j. Any risk to the safety of the environment? NA -ve NIL +ve

Comments:



k. Any reduction in the range of beneficial uses of the environment?

NA -ve NIL +ve

Comments:

l. Any pollution of the environment? NA -ve NIL +ve

Comments:

m. Any environmental problems associated with the disposal of waste?

NA -ve NIL +ve

Comments:

n. Any increased demands on resources, natural or otherwise which are, or are likely to become in short supply?

NA -ve NIL +ve

Comments:

o. Any cumulative environmental effect with other existing or likely future activities?

NA -ve NIL +ve

Comments:

FACTOR (COMMONWEALTH LEGISLATION)

IMPACTS

a. Any environmental impact on a World Heritage property?

NA -ve NIL +ve

Comments:

b. Any environmental impact on wetlands of international importance?

NA -ve NIL +ve

Comments:

c. Any environmental impact on Commonwealth listed threatened species or ecological communities?

NA -ve NIL +ve

Comments:

d. Any environmental impact on Commonwealth listed migratory species?

NA -ve NIL +ve

Comments:

e. Does any part of the proposal involve a nuclear action?

Yes No

Comments:

f. Any environmental impact on a Commonwealth marine area?

NA -ve NIL +ve

Comments:

In addition:

Any direct or indirect effect on Commonwealth land? NA -ve NIL +ve

Comments:



11. Conclusion

12. Certification (Preparer) This Review of Environmental Factors provides a true and fair review of the proposed activity in relation to its likely effects on the environment. It addresses to the fullest extent possible all matters affecting or likely to affect the environment as a result of the proposed activity. Name (print)……………………. Signed:.......................................... Designation:.................................. Date:.............................................. (RTA Project Manager) I have examined this Review of Environmental Factors and the certification by (add name of preparing officer as per certification) and accept the Review of Environmental Factors on behalf of the RTA. Name (print)……………………. Signed:.......................................... Designation:.................................. Date:..............................................



REF Proforma 2 This proforma is presented as a contents page only. It provides section headings of issues which should be considered in the preparation of the REF. The amount of space necessary to consider fully each issue will vary with each proposed activity. Assistance in completing the REF can be found in Part 2 of this Appendix.

Section A - Preliminaries

1. Introduction

2. Proposal identification

3. Proposal description 3.1 Location

3.2 General features

3.3 Costs

3.4 Timing

4. Statutory position 4.1 Zoning of the proposed activity

4.2 Other statutory matters (SEPPs, Model Provisions etc)

4.3 Confirmation of Part 5 position

5. Specialist studies and community involvement 5.1 Specialist studies

5.2 Community involvement

Section B - Environmental impact assessment

6. Strategic Stage 6.1 General

6.2 Planning and environmental background

6.3 Definition of need for the proposed activity

7. Concept Stage 7.1 Objectives

7.2 Options



8. Detailed Assessment Stage 8.1 Design considerations

8.1.1 Existing road

8.1.2 Existing and forecast traffic

8.1.3 Urban and regional design

8.1.4 Road Design parameters

8.1.5 Construction activities

8.1.6 Additional fill material

8.2 Description of site and surroundings

8.3 Environmental impacts

8.3.1 Landforms

8.3.2 Geology and soils

8.3.3 Climate

8.3.4 Landform stability and erosion hazard

8.3.5 Water quality

8.3.6 Air quality

8.3.7 Noise and vibration effects

8.3.8 Biodiversity

8.3.9 Visual / Landscape

8.3.10 Indigenous heritage

8.3.11 Non Indigenous heritage

8.3.12 Socio-economic considerations

8.3.13 Waste minimisation and management

8.3.14 Demand on resources

8.3.15 Associated infrastructure and activities

8.3.16 Operation hazards and risks

8.3.17 Identification and consideration of Protection of the Environment Policies.



8.4 Cumulative environmental effects

8.5 Matters of national environmental significance; Commonwealth land

9. Implementation Stage 9.1 Summary of proposed safeguards

9.2 Environmental management

9.3 Licences and approvals

Section C - Finalisation

10. Outcomes and Justification

11. Assistance to Assessing Officer 11.1 Environmental and activity characteristics and interactions

11.2 The extent of the impacts

11.3 The nature of the impacts

12. Clause 228 Checklist

13. Certification

14. Appendices to the REF



Part 2 — Guidelines for preparing a REF

Foreword These guidelines are arranged according to the format of Proforma 2. They have been written to be comprehensive enough to assist in the preparation of the most detailed Proforma 2 REF. However, they are also useful in completing Proforma 1 REFs by covering the types of issues that may need to be considered in their preparation.

No two REFs will be the same. These guidelines can only assist by providing direction and presenting issues that may need to be considered. In some instances, issues that are encountered in preparing an REF may not be adequately covered by these guidelines and more detailed advice may be required. In these situations you should consult Regional Environment staff.

The level of detail provided for each section in these guidelines is unlikely to be necessary for any one REF. It is meant as a guide only, to provide examples of the level of detail that may be required to fully consider the issues under each heading. The format itself can and should be changed to suit the particular issues and requirements for a proposal. For example if there are one or two major issues or environmental effects of the proposal, they should be considered in greater detail than other issues. The sections of Proforma 2 not considered relevant to a proposal should be omitted rather than marked ‘not applicable’.

Environmental impact assessment can be considered in four stages:

Strategic This is the broad framework which will affect and be affected by the proposal. Together with more operational concerns, this stage develops the need for the proposed activity. It also defines the framework for later stages and for assessing cumulative impacts.

Concept During this stage, you examine the options for satisfying the identified need and identify and select the preferred option.

Detailed assessment In this stage, you examine in detail the preferred option, its likely environmental impacts and proposed safeguards.

Implementation The REF reports on the procedures that will be put into place to ensure that all environmental safeguards and conditions to approval are implemented throughout the proposed activity’s construction, operation and maintenance.



The guidelines and the proformas have been drafted according to these four stages of environmental impact assessment. The nature of the REF document naturally results in greatest attention being provided to the detailed assessment stage, but this does not affect the importance of giving adequate consideration to all stages of the process.

The “user friendly” REF Several points regarding language, grammar and layout should be considered when preparing a REF:

“Would” should be used instead of “will” when referring to any aspects of the proposed activity, since the decision to proceed with the proposed activity has not yet been made.

“Proposed activity” or “Proposal” should be used in preference to “project”, as these terms do not imply the same inevitability of the work proceeding as “project” does.

“If” should be used in preference to “when”.

Words such as “significant”, “detrimental” or “major adverse impacts” should be avoided. Such terms carry with them legal implications which could prejudice the assessment of whether the identified impacts are likely to be significant.

Obscure technical terms and jargon should be avoided. Where more easily and generally understood terms can be used in their place, overly technical terms should be left in the specialist reports. These should be included as appendices to the REF.

Maps and diagrams should be easy to interpret. It is better to provide two maps or diagrams than try to cram too much information on the one. Maps should have a scale, north point, a legend or key if appropriate, and must be referenced.

Colour photographs should be included. They provide the person assessing the REF with an excellent means of orienting themselves and understanding what is involved. Photographs should include the date on which they were taken, logical numbering a map showing the location of each photograph and its direction of view.



Section A - Preliminaries

1. Introduction An introduction may be particularly appropriate for larger or publicly displayed REFs. It can be used to outline the background of the proposal, describe the legislative framework within which the REF is prepared and provide a contact name and address for further information.

2. Proposal identification A page listing information such as the following should be included, showing:

Name and location of proposed activity: RTA Region: Council: Source of funding.

3. Proposal description

3.1 Location The location of the work should be described and a clear map with the location of the work indicated must be provided.

3.2 General features Provide a broad overview of the features of the proposed work, including a description of any special features of the proposal such as bridging, property acquisition, property adjustment or demolition. The details will then be provided in the rest of the REF. The limits of the work should be clearly defined with reference to a Design Plan provided as a figure. If construction is to be staged this should be mentioned and the reasons for doing so outlined.

It is important to describe the proposed activity in full, including all known temporary and ancillary activities and mitigative measures. In this way, the later assessment as to whether environmental impacts of the proposed activity are likely to be significant can be made on the basis of the proposed activity inclusive of those temporary and ancillary activities and mitigative measures.

The description of the proposed activity might change as the REF progresses. For example, an examination of fauna issues might result in a proposal to provide a fauna underpass. This feature can then be included in an amended description of the proposed activity, so that the assessment of significance can be undertaken in recognition of the proposed activity inclusive of the fauna underpass. Indeed, the REF might demonstrate more than one ‘round’ of such an iterative process as possible impacts are identified and the description of proposed activity is amended by the inclusion of design features to avoid, minimise or compensate for those impacts.



3.3 Costs Detail the expected total cost of the work. If the work is to be staged, the cost of each stage should also be given. If outturn costs are quoted and these are different to the current year costs used in the road user cost benefit analysis, this should be identified. If the REF is to be exhibited publicly, the difference between the two cost figures should be explained.

3.4 Timing Anticipated commencement and completion dates should be listed, with staging breakdown if relevant.

4. Statutory position

4.1 Zoning of the proposed activity Describe the zoning of the proposed activity. Establish whether it is permitted with or without consent or is prohibited. Note other relevant information from the LEP, such as whether the proposal is in a foreshore protection area or a conservation area and whether it affects identified heritage items.

For advice relating to zoning, see Chapter 5.1.4 and 5.1.5.

If you are unsure about the implications of zoning, seek advice from Regional Environment staff.

4.2 Other statutory matters As applicable, discuss the relevance of SEPP 4 and/or the EP&A Model Provisions and/or other LEP savings provisions that may affect the permissibility and assessment of the proposed activity.

4.3 Confirmation of Part 5 position Confirm that the proposed activity is subject to environmental impact assessment under part 5 of the EP&A Act.

5. Specialist studies and community involvement

5.1 Specialist studies Briefly describe the extent and depth of specialist investigations for the REF, such as flora and fauna, noise or archaeological reports.

5.2 Community involvement This part should:

describe the community involvement process that has been undertaken,

summarise its results,

identify the issues that have been raised, and

describe where the issues are addressed in the REF.



The person responsible for preparing the REF should decide which government agencies and public organisations should be advised of and invited to comment on the proposal. If you are unsure whether a particular organisation should be contacted, it is preferable to err on the side of consultation. If no response is obtained from an organisation, detail the efforts made to gain a reply.

Correspondence should be undertaken as early as possible in the preparation of the REF to allow enough time for comments to be received. Details on conducting a community involvement program can be found in the RTA’s Community Involvement Practice Notes and Resource Manual.



Section B - Environmental impact assessment

6. Strategic Stage

6.1 General To enable an adequate assessment of the likely environmental impact of a proposed activity, including its cumulative impact, it is necessary to examine its relationship to broader national, state, regional and local issues. This strategic stage of environmental assessment is normally achieved in an REF by reporting strategic planning and environmental information from existing sources, rather than undertaking additional studies.

6.2 Planning and environmental background Describe the strategic planning and environmental background of the proposed activity in terms of current or future land use, transport development and associated environmental impacts.

Detail any effects that SEPPs may have on the proposed activity. State Environmental Planning Policies which are most relevant to RTA construction activities are: SEPP No. 14 Coastal Wetlands, SEPP No. 19 Bushland in Urban Areas and SEPP No. 26 Littoral Rainforest; but others such as SEPP No. 44 Koala Habitat Protection might need to be addressed.

Detail any effects that REPs or LEPs (in their role of identifying forward strategic planning matters, such as areas proposed for urban release), may have on the proposed activity.

Include reference to previous strategic planning studies, including RTA, Department of Transport, Department of Infrastructure, Planning and Natural Resources, Council and other relevant documents.

For smaller activities, this might include a simple strategic background such as the aims of RTA road safety or traffic management programs and how the proposal fits with those aims.

6.3 Definition of need for the proposed activity Discuss strategic alternatives that may have been considered, such as other transport modes or land use proposals. Provide a brief history of the proposal if relevant. List how the proposal fits with the strategic setting and also summarise operational need, such as traffic congestion, safety, road condition or local environmental problems caused by existing conditions. Such information may be available already in corridor strategy reports, Preliminary Environmental Assessments etc.

Summarise why this proposed activity is needed now in terms of both its strategic and operational setting.



7. Concept Stage

7.1 Objectives These provide the linkage with the strategic stage of assessment.

Define the objectives in terms of outcomes expected from the proposed activity.

Describe the specific objectives of the proposal (eg. improve safety by upgrading pavement, lane widening etc.). Describe the relationship to the Authority’s objectives for the route or area (eg. travel speeds, accident levels, environmental objectives).

7.2 Options Substantiate why the end points for the proposed activity were selected.

Describe the options considered, together with investigations or analyses undertaken to choose, evaluate and compare them. These comparative analyses should include, for example, environmental, traffic, safety, design, social, financial and economic issues (including comparative road user cost benefit analysis – consult the RTA’s Economic Analysis Manual). Options should include the “Do Nothing” option. Identify the preferred option.

Describe why the preferred option was chosen in preference to the other options. Show the alternatives on a map or plan if appropriate.

If a Value Management Study or Route Selection Report has been prepared it could also be summarised here.

8. Detailed Assessment Stage

8.1 Design considerations

8.1.1 Existing Road Describe the existing road to the extent that this is relevant to the later description and consideration of the proposed activity. Items that might be included are:

number of lanes

lane widths

presence of median

footpaths

shoulder, table drains or other drainage

presence of bridges or major culverts

street lighting

any other relevant features.



Similarly, describe existing road safety and traffic management features and regulation where these are relevant in terms of:

the posted speed limit

parking restrictions

traffic signals

roundabouts and LATM features if any.

Describe the existing horizontal and vertical alignment both technically and from a motorist’s point of view. Describe the general condition of the road pavement, median, footpaths, landscaping and bridges if any. Where appropriate a typical cross section should be provided.

8.1.2 Existing and Forecast Traffic List where relevant:

existing and forecast traffic volumes, peaks and AADT (latest available figures)

approximate percentage of heavy vehicles

approximate numbers of cyclists and pedestrians

existing and forecast travel speed and level of service in the peak traffic periods

accident levels noting any concentration of accidents peculiar to the area - eg. high proportions of wet weather or pedestrian accidents

traffic projections for the life of the project and the anticipated effect of the variations in traffic volumes if the proposed activity is not implemented.

8.1.3 Urban and Regional Design

Consult the RTA’s Urban and Regional Design practice Notes, Beyond the Pavement.

Identify the key urban and regional design issues and opportunities. Demonstrate how the design proposal has been developed to give formal expression to the proposed activity’s role in relation to the identified issues and opportunities.

Analyse cultural themes, significant viewscapes and design opportunities of the site and surroundings.

Identify urban and regional design principles to be applied to the proposed activity in relation to these themes, viewscapes and opportunities.

Incorporate all relevant design elements, including but not limited to the road, structures, pathways and cycleways, drainage, signs, lighting, gateways, sculptural elements.

Address practicality and cost effectiveness of design proposals in relation to both construction and maintenance.



Develop the design proposal in relation to those principles.

Identify how and to what extent the proposed activity meets the design principles. Identify any constraints which limit the extent to which the proposed activity is likely to meet the design principles; and substantiated proposed variances.

8.1.4 Road Design Parameters

Identify relevant design criteria of the proposed activity, including:

design speed

typical cross section (refer to figure if provided)

pavement environmental performance criteria

road reserve width

provision for pedestrians, cyclists and buses

landscaping.

Identify design constraints to the proposed activity, which may include such things as:

constraints to widening the road reserve (topography, land use, etc)

utilities which cannot be moved

limited funds

need to retain access to properties

heritage items

NPWS requirements, etc.

Describe the proposed traffic management during both construction and operation including:

speed limits

parking restrictions

road closures

delays to traffic during construction

stop/go control

turn restrictions

traffic signals

roundabouts, and LATM

provisions for trucks, pedestrians, buses and cyclists.

Describe in detail major features of the design such as bridges (include design plans), and height of fills and cuts. Describe any necessary provision for import or disposal of materials, and any other known and relevant features of the work such as noise mitigation works, fauna crossings etc. Include all relevant associated infrastructure and facilities.



8.1.5 Construction Activities This section should detail matters such as:

the proposed normal working hours and any possible variations

plant and equipment to be used

number of personnel to be employed

construction timetable

who will undertake the work - RTA personnel or contractors

source of quarried materials such as road base etc.

the number of extra truck movements on local roads the proposal would cause and how these would affect residents and road users.

a brief description of the construction process including: the stripping, stockpiling and management of topsoil, clearing of vegetation (give total area), excavation, filling, drainage works etc.

site facilities, work compounds

public utility adjustments

control of traffic during construction

temporary changes to access and diversion of traffic to other routes

Other activities such as the use of temporary concrete batching plants and the expansion of existing gravel quarries. These may be designated development under Part 4 of the EP&A Act and a development application and EIS may be required. Otherwise their impacts should be addressed as part of the REF. Further details can be found in Chapters 5 and 8.

8.1.6 Additional Borrow Material It may be difficult to make an accurate prediction of earthworks volumes required at the time of preparation of the REF. This can cause difficulties, including the possibility of the need for additional environmental impact assessment, if it is found later that borrow material is needed additional to that identified in the REF.



To avoid this situation, the REF should:

Describe the factors that make it difficult to predict earthworks volumes accurately. These include, for example:

Detailed design changes subsequent to the EIS.

Difficulties of accurate prediction of amounts of rock and unsuitable material produced during construction

Requirements for additional surcharge material

Unexpected geotechnical conditions

Active environmental management of areas identified for supply of borrow material, necessitating use of alternative sources. For example, batter slope length might be reduced / batters steepened to reduce environmental impacts, resulting in less borrow material and this the need for additional resources elsewhere.

Establish the principles to be adopted when selecting sites if additional borrow material is required. For example:

To be located within the road reserve wherever practicable; or alternatively adjacent to the road reserve

Where additional borrow sites would be located adjacent to the proposed activity, access to be located wherever possible directly to the road corridor and not to the local road network

To have low conservation significance in terms of flora, fauna, indigenous and non indigenous heritage

Not to be located immediately adjacent to wetlands, National Parks, Nature reserves or other environmentally sensitive land, unless approval is obtained from the relevant agency

To be capable of adequate restoration.

Establish likely sites of additional borrow material if these are required, in relation to these principles (and defining “no go” areas).

Assess environmental impacts of the likely sites.

8.2 Description of site and surroundings This section could be dealt with as two sub-sections; 8.2.1 Site, and 8.2.2 Surroundings.

Give a general description of the site and its surrounding locality in terms of its physical geography, vegetation cover, land use and built development. The environmental sensitivity of the site and surroundings should be discussed.

The relationship between the site and surroundings should be noted. This should include proximity to native bushland, national park or other natural heritage reserve, watercourses, waterbodies, wetlands, estuaries or coastline, schools, hospitals, churches or other noise sensitive sites, heritage sites, residential areas, shopping centres, or other significant built or natural features.



Adequate photographic coverage is essential and should illustrate the location of the proposed activity within the context of the area. Captions, identifying key items within each photograph should accompany each photograph. A map indicating where the photographs were taken and the direction of their view should also be provided. If possible a recent air photo of the area could be included. References to relevant photos should be made throughout the REF.

8.3 Environmental impacts In obtaining information on the factors discussed below, you might obtain some benefit from consulting Appendix L. That Appendix is directed primarily at EISs but it provides the main elements expected in briefs for specific subjects.

In providing information on the factors discussed below, you should be aware of the Department of Infrastructure, Planning and Natural Resources’ best practice guidelines Is an EIS Required?. These guidelines refer to the assessment of REFs rather than their preparation. However, to help the assessing officer decide whether the environmental impacts of the proposed activity are likely to be significant, you could try to present information in the following manner:

Identification of issues

Characteristics of the:

activity

environment

impacts

Analysis of the nature of the impacts:

predicability

resilience of the environment

reversibility

manageability

compliance with performance criteria

need for further studies

public interest

Analysis of the extent of the impacts (generally and in environmentally sensitive areas):

type

size

intensity

scope

duration.



Many of the environmental components covered in this section require specialist knowledge and experience to give full consideration to the potential impacts of a proposed activity. Depending on factors such as the nature and scale of the proposed activity being considered, the sensitivity of the affected environment and the level of existing knowledge, they may require attention by suitably qualified and experienced consultants or qualified officers of the RTA. A site inspection by the person preparing the REF is essential, preferably in the company of the Project Manager who can explain the proposed activity in detail.

It is important to provide as much detail as possible when discussing the proposed measures to reduce the impacts of the proposed activity. In this respect the Project Manager should expect and allow for time to be devoted to consultation with the person preparing the REF and provide them with as much information as possible.

8.3.1 Landforms Give a general description of the landforms in the vicinity of the project. This can be undertaken by analysing the area in terms of its slope and terrain components through ground survey and the interpretation of air photos or topographic maps. Landforms include such features as ridges, hills, gorges, rivers, alluvial plains etc. Erosion hazard is related to both landform and geology and should be treated in detail in a separate section. In this Appendix erosion hazard is covered in Section 8.3.4 - Landform Stability and Erosion Hazard. Changes to landforms as a result of earthworks should be mentioned here but be discussed in Section 8.3.4 and Section 8.3.9 – Visual / Landscape.

8.3.2 Geology and Soils Give a brief description of the geological setting of the proposed activity. Reference should be made to any previous geological or geotechnical surveys that have been undertaken. If no geotechnical survey has been carried out general information can be obtained from geological and soil maps of the area. These are available from the Department of Infrastructure, Planning and Natural Resources.

Detail any known commercial rock or mineral deposits within or adjacent to the proposed activity that are likely to be mined or quarried in the future. This information can be obtained from the Department of Minerals and Energy. Describe whether the proposal would be affected by mining operations (eg. ground subsidence), or whether the proposed activity would prevent the economic mining of the deposit. The types of soils occurring in the area and their susceptibility to erosion should also be noted.

Acid Sulphate Soils In low lying areas of coastal NSW potential acid sulphate soils may be present. These soils require special consideration due to their chemical breakdown to form a strong organic acid when exposed to air. This has both environmental and engineering implications. Where appropriate, a survey should be undertaken in accordance with the ASSMAC Acid Sulfate Soil Manual (1998).



Measures to control adverse impacts on soils should be detailed here or in Section 8.3.4. If a management plan for potential acid sulphate soils is necessary for the proposed activity it should also be mentioned.

Contaminated land The proposal may affect contaminated land and this needs to be examined as part of the design considerations. The extent of investigation will need to vary according to the nature and location of the proposal - eg if it is to pass through an area that was previously used industrially, the investigation may need to be more extensive than if it is passing through a rural area where few chemicals have been used.

In consulting local Councils, you should ask whether any known areas of contamination are likely to be affected by the proposal.

Topsoil This section should also discuss the management of topsoil and particularly how it is proposed to: identify and mark out weed contaminated areas of topsoil prior to clearing; segregate weed contaminated topsoil from reusable topsoil during excavation; protect and store reusable topsoil; dispose of contaminated topsoil in an environmental acceptable manner; trace imported topsoil to ensure that it is weed free.

8.3.3 Climate The level of detail in this section should be appropriate to the impact the local climate may have on construction and operation of the road and its subsequent environmental impacts.

Give a general description of the climate of the region, and any adverse local climatic features (eg. fog pockets or high wind areas). Detail proposals to provide safety measures (eg. fog warning signs). Climatic features may influence erosion potential or the selection of a suitable revegetation program. In certain circumstances a combination of highly erodible soils and short intense rainfall events during summer for example, may suggest that work should be undertaken in winter. Climatic features may also determine the effect that the operation of the proposed activity will have on local air quality.

Features which may require consideration include:

rainfall (seasonal intensity and annual distribution),

winds (average velocity, duration and prevailing direction),

annual and daily temperature range, evaporation characteristics, and

the incidence of frosts and fogs.

Detailed climatic data can be obtained from the Bureau of Meteorology.



8.3.4 Landform Stability and Erosion Hazard Consultation with the Department of Infrastructure, Planning and Natural Resources is essential for all but the most minor earthworks. The Department of Infrastructure, Planning and Natural Resources can provide information regarding the erodibility of soils and measures to be implemented to reduce or eliminate the potential for soil erosion.

Where large areas of sloping land are to be exposed during construction there may be the potential for slope instability and extensive erosion. In areas of known geological instability, a geotechnical investigation may have already identified potential constraints. If areas of landform instability have been identified, describe what measures are proposed to safeguard against future slope failures.

The erosion hazard rating of an area indicates its erosion potential following land disturbance, including vegetation clearing and excavation. A description of erosion hazard rating and its assessment is given in Section 8 of the RTA Road Design Guide. The following facets should be considered in making an estimate of the potential erosion hazard.

Soil Erodibility What are the soil types of the area? What is the assessed erodibility of these soils along and beside the proposed activity? Advice from the DLWC will indicate the erosion potential of soils and whether the proposal affects ‘Protected Lands’. This is generally steep land with soils prone to erosion when disturbed. An initial indication of erodibility can be made by checking for evidence of existing erosion along and beside the proposed route and, in rural areas for gully erosion on adjoining land.

Climate Does climatic information indicate seasonally intensive rainfall events which would cause serious erosion potential? Local climate will also largely dictate the revegetation and landscape plans and maintenance (see previous section).

Landform and Geology Is a substantial proportion of the proposed route classified as mountainous or hilly? Have areas of slope and/or rock instability been identified? Does the Department of Infrastructure, Planning and Natural Resources classify the area as ‘Protected Lands’? Are cuttings to be excavated within deeply weathered rock strata or easily eroded rock types such as siltstones and shales?

Drainage Will substantially increased volumes of runoff occur as a result of construction of the proposed activity? Will the velocity of drainage water entering local watercourses cause erosion? Is the area poorly drained or subject to flooding?



Impacts on vegetation cover What is the state of vegetation cover beside the proposed activity? The removal of vegetation exposes soils to a markedly increased erosion potential and the area of vegetation cleared should be the minimum area required for earthworks, clear zones and drainage.

Land use factors How does the existing land use adjacent to the proposed activity influence the likely impact of erosion and sedimentation? Is the project close to sensitive sites such as waterbodies or wetlands, national parks or other nature reserves, agricultural land, or water supply catchments?

Proposed erosion and sedimentation control measures should be detailed both during construction and operation.

Section 8 of the RTA Road Design Guide provides engineering design methods used by the RTA to prevent erosion. These include:

Short term provision of silt fences and barriers to prevent sediment laden runoff from

leaving the construction area.

drainage structures to protect exposed batter slopes during construction.

progressive re-vegetation proposals for all exposed areas.

erosion prevention of topsoil stockpiles.

provision of catch drains to prevent clear surface runoff entering the construction area.

provision of sediment traps at existing drain inlets.

Long term provision of sedimentation basins, (include details of size, location and how

often they would be cleaned out if available).

provision of sediment traps; number, (include details of size, location and how often they would be cleaned out if available).

the provision of energy dissipaters and other scour protection measures at drain outlets or at bridge abutments.

details of measures proposed to reduce erosion and sedimentation impacts should be discussed in the detail appropriate to the nature and scale of the proposed activity.

The Department of Housing publication Managing Urban Stormwater: Soils and Construction is the guideline to be used for management of stormwater in road design, construction and maintenance. It sets minimum standards for sites where there are disturbed soils. Additional measures may be needed where site specific requirements dictate.



8.3.5 Water Quality Describe the existing natural and built drainage systems within and surrounding the boundaries of the proposed activity and illustrate with a photograph if appropriate. Potential impacts on both surface and groundwater should be considered for both construction and operational phases. The proposed measures to reduce or eliminate potential impacts on water quality should be discussed in the detail appropriate to the nature and scale of the proposal.

The natural drainage system could be described in terms of:

number of watercourses and catchments,

size and types of watercourses (eg. permanent or ephemeral, rocky or sandy channel).

The built drainage system could be described in engineering terms. Include a description of the proposed drainage design where appropriate, and include the preliminary design plan if available.

The impacts of road runoff are not usually from a single source (except during a road spill), but are the cumulative impact of many diffuse sources. The impacts from these sources are most effectively managed by the implementation of best practice during construction and the installation of the best possible pollution control measures. This may include the provision of porous drains, gross pollution traps, sediment basins, retardation basins, and compensation basins to capture potential road tanker spills.

Sediment can directly affect aquatic habitats through the siltation of pools, and by increasing water turbidity resulting in lower sunlight penetration, and increased water temperature. All of these effects degrade the aquatic ecosystem and can reduce the diversity of aquatic life forms present.

For most works, the potential impacts on water quality will be small and restricted to sediment-laden runoff during construction and pollutants contained in road runoff during operation of the road.

The potential for erosion and the delivery of sediment or other pollutants to waterways depends on:

slope

climate

proximity of the works to surface waters

vegetation cover and the extent to which this is to be disturbed. and

soil type.

The principles for erosion and sediment control are provided in Section 8 of the Road Design Guide. Useful documents are:

Managing Urban Stormwater: Soils and Construction. (The “Blue Book” – NSW Department of Housing) Managing Urban Stormwater : Treatment Techniques. (NSW DEC)



There are legislative requirements regarding works which potentially affect water quality. Broadly, permits are required for excavations between the banks, or within 40 metres of the banks of a river if they are carried out on private land. On Crown Land, a “permissive occupancy” is required. An authority is required from the Department of Infrastructure, Planning and Natural Resources before damaging or destroying trees between the banks or within 20 metres of the banks of a prescribed stream. The results of consultation with the Department of Infrastructure, Planning and Natural Resources (and Commerce if relevant) should also be mentioned. There are also requirements under the Fisheries Management Act, 1994 (see section 8.3.8 below).



Issues to consider when completing this section include: The location of existing natural and built drainage channels in relationship to

the proposed activity.

The slope of the ground (direction and grade) with regard to potential impacts on local watercourses.

How many natural catchments would the proposed activity affect? Could the number be reduced by design measures?

Are there any bridges or other type of stream crossings proposed? All crossings, large or small, have the potential to affect water quality.

Will bridge works modify the channel of any waterway? If so how will the adverse impacts be ameliorated?

Are bridges or other stream crossings suitable for use as fauna underpasses if needed? Do they incorporate “fish friendly” design principles?

What impact would the runoff from the road pavement have on the levels and quality of local surface and ground water?

Where are drain outlets proposed to be built? What effect would these have on the area they outlet into? Drains should outlet into watercourses where possible. Drains which outlet into dry forest will encourage weed growth and may kill some species of trees and should be avoided.

Will the proposed activity encroach upon or in any way affect floodplains? Are the waterway openings large enough to provide for expected flood levels?

Will the proposed activity directly or indirectly affect any wetlands or estuarine mangrove areas?

Will the proposed activity encroach upon or in any way affect a SEPP 14 wetland or any other wetland? (Proposals which affect SEPP 14 coastal wetlands are termed designated developments and require the preparation of a Part 4 EIS. See Chapters 5 and 8).

Will the proposed activity encroach upon, traverse or affect a water supply catchment area? If so what design features are proposed to protect water quality from normal road runoff and tanker spills?

How much vegetation is to be cleared and what is the erosion potential of the soils?

Where is the site compound proposed to be located and what implications does this have for potential impacts on surface and ground water quality?

Can the location of the site compound be changed to protect water quality?

Are there any environmental issues related to the source of / amount of water to be taken for construction purposes?



8.3.6 Air Quality Local and regional air quality can be affected at the construction stage by dust, construction vehicle emissions, and odours, and at the operational stage by vehicle emissions. However, while these factors require consideration, detailed investigation is only required where the proposed activity involves construction of a new length of road in or near built up areas. In most situations a qualitative rather than a quantitative description will be sufficient.

Consideration should be given to whether:

Climatic information, topography, built form and predicted traffic volumes indicates that local air quality may be adversely affected by the proposed activity. Climatic factors that could adversely affect local air quality include seasonal calm periods or prevailing light winds, and a high incidence of fogs (indicating the occurrence of temperature inversions).

The proposed activity would assist in improving local air quality by reducing traffic congestion on the existing road network. Improvements to traffic flow may lead to a reduction in some air pollutant emissions due to increased engine operating efficiency and improved emission dispersion due to greater air turbulence created by fast moving traffic.

The RTA’s Guidelines for Pre-Construction Air Quality Assessments should be referred to for details of air modelling and monitoring requirements on urban and rural roads if a quantitative study is required.

The measures proposed to be implemented to reduce air quality impacts during the construction phase should be detailed. Regional air quality information can be obtained from the Department of Environment and Conservation.

8.3.7 Noise and vibration effects This section should be read in conjunction with the RTA’s Noise Management Manual (NMM). The NMM addresses in detail the noise and vibration management framework and assessment processes from the development of the route strategy to project handover and operation.

All work is to be undertaken by an accredited acoustic consultant.

Traffic noise The depth and detail required of the contractor’s report will dependent upon the size and classification of the road development, the number and nature of the affected land uses and the applicable noise criteria for the project. The NMM takes account of the report’s required depth and detail in its road traffic noise management framework and model road traffic noise assessment report.

The report should identify the noise issues, noise sensitive sites, applicable target noise levels and reflect the need to:

conduct detailed pre-construction ambient noise monitoring, modelling and noise model validation;

predict future road traffic noise and any associated sleep disturbance impacts;



detail modelling inputs and assumptions;

evaluate impacts in terms of the noise criteria and sleep disturbance issues;

identify and list all available noise mitigation options and for each of these options, briefly discuss the benefits and disadvantages in terms of community preferences, visual impacts, practicality and intuitive assumptions relating to effectiveness and cost-effectiveness;

select a set of preferred noise mitigation options and where these include the installation of barriers conduct a comparative cost-effective analysis by following the procedures in the NMM. This analysis will identify the effectiveness of the options in reducing road traffic noise at the affected noise sensitive sites;

include a commitment that the RTA will finalise the noise mitigation option selection and design during the project’s detailed design taking into account any subsequent changes from the concept design and consequent refined assessment of the issues relating to feasibility and reasonableness. This will occur prior to finalising the EMP;

identify the opportunities for community input through consultation processes during finalisation of the concept design and development of the detailed design.

Road reconstructions Road reconstructions that follow the existing road alignment and do not involve any design changes in traffic volume or mix are not subject to noise criteria. In these situations the report should describe the existing noise environment. Noise mitigation is only considered where there is an acute existing noise impact (as defined by the Noise Abatement Program procedures in the NMM) and the provision of treatments is supportable by the project objectives.

Minor road upgrades Noise monitoring may not be necessary for minor road upgrades that are not subject to noise criteria and where existing and predicted impacts to noise sensitive sites are intuitively considered to be minimal (based on prevailing traffic conditions and distance setbacks from the road alignment). Where it is possible that existing or predicted noise impacts could be an issue, noise monitoring should be conducted at key representative sites. In many cases the depth of noise modelling may also be limited to identifying changes in noise levels on the basis of changes to the traffic volume/mix and any changes in distance setbacks from the road alignment. Noise mitigation is only considered where there are acute existing noise impacts or predicted noise levels are high and involve a noticeable increase.



Construction noise and vibration A detailed work construction plan will generally not be known until the development of the EMP. The REF will therefore involve an assessment of impacts based on indicative scenarios associated with typical and expected construction plant and activities and construction time frames. This ‘indicative’ assessment will follow the same reporting requirements for all projects regardless of their size where construction noise and vibration effects are expected to be detectable. The REF should identify the nature and extent of impacts, how well these impacts can be managed using best available management techniques and identify the management techniques that should be evaluated in detail during development of the EMP. In particular the report will identify the noise issues, noise sensitive sites, applicable noise criteria and reflect the need to:

conduct detailed pre-construction ambient noise monitoring;

predict construction noise and vibration impacts;

detail prediction inputs and assumptions;

evaluate impacts in terms of the noise and vibration criteria.

Where it is expected that there will be not be any detectable effects, this should be stated in the REF, and the basis for these assumptions described and justified.

In addition to describing the construction noise and vibration management framework, the NMM includes a model construction noise and vibration assessment report that is suitable as a guide for preparing a REF (or an EIS). The REF should include a concise summary of the noise and vibration assessment report and include this report as an appendix.

8.3.8 Biodiversity Identify the effects of the proposed activity on all flora and fauna species (including fish and marine vegetation species), populations, ecological communities and their habitats.

Identify the effects of the proposed activity on Commonwealth listed threatened species, ecological communities and/or migratory species.

If threatened species are affected, determine whether a Species Impact Statement or Statements are required under the Threatened Species Conservation Act and/or the Fisheries Management Act. Do this by undertaking an 8 part test under Section 5A of the EP&A Act.

The most important criterion for establishing the significance of the flora and fauna in an area is to identify the species that occur there. A thorough search of information and field surveys should be undertaken by a competent qualified person. Even on small road proposals, for example, there is the potential to destroy habitats which may contain the last individuals of a particular plant species. Unless you know what you are looking at it is better to engage a specialist contractor. The brief should be based on Appendix L.



Road reserves or reservations for future roads may contain the only remnant of native vegetation remaining in a locality or a region. This is particularly relevant in the agricultural areas of western NSW. Areas of remnant vegetation are important refuges for plants and animals, and may contain significant or rare species. They also provide an invaluable seed source for rehabilitation of the surrounding countryside. The vegetation within a road reserve also provides a movement corridor for wildlife, often linking larger areas of habitat and allowing the dispersal of animals from one area to another. Vegetation in road reservations for future roads in urban areas and remnant roadside vegetation in rural areas should therefore be given special consideration.

The occurrence and abundance of native fauna in an area is generally closely linked to the condition of the habitats provided by the vegetation and proximity to human settlement. Even degraded areas, however, can provide habitat for native fauna such as frogs and reptiles.

Flora The nature and scale of the proposed activity will determine the depth and detail required in a contractor’s report. However, all flora reports should include:

a list of the plant species occurring in the study area (ie: the construction site and the surrounding area). The comprehensiveness of the list will depend on the time available for the field survey, and to a lesser extent the time of year the survey is conducted. Marine vegetation is to be included.

a list of the terrestrial and aquatic vegetation communities occurring in the study area.

a list of Commonwealth and NSW threatened species, populations or ecological communities (terrestrial and aquatic) known to occur in the study area.

an assessment of the conservation significance of the vegetation communities.

an assessment of the potential impacts of the proposal on vegetation.

a map of the study area indicating the distribution of vegetation communities and highlighting any areas of high impact and the location of any rare plant species.

suggested measures to ameliorate the potential impacts of the proposal on vegetation.

an indication of whether further studies are required to fully access the significance of the potential impacts.

The assessment of the potential impacts on vegetation should include:

the area of vegetation to be removed (in total and by community)

the total number or percentage of trees, shrubs and/or marine vegetation to be removed

the number or percentage of threatened species, populations or ecological communities affected



The RTA’s Roadside Environment Strategic Plan and Roadscape Guidelines provide guidance for preserving and enhancing remnant vegetation within the road corridor and should be referenced as relevant when preparing a REF.

Fauna Important aspects to consider in determining the potential for serious effects on local fauna are:

Will the proposed activity remove habitat, where the residue is unable to sustain populations of fauna?

Will the proposed activity sever a corridor of bushland that joins larger areas of natural bushland? These corridors are likely to provide important opportunities for fauna movements for breeding and feeding purposes.

Will a new road construction prevent or seriously inhibit fauna movements (including fish movement), or result in significant increases in animal road deaths?

Has “fish friendly” design been adopted? You can consult the NSW Fisheries (DPI) “Policy and Guidelines for Fish Friendly Roads and Waterway Crossings”.

Are any dams or weirs proposed and are their fishway designs suitable? (Note: the Fisheries Management Act requires that the RTA notify the Minister for Fisheries in writing before proposing to construct, alter or modify a dam, weir or reservoir so as to include a suitable fishway design).

Is any dredging or reclamation work in any waters proposed? (Note: the RTA must notify the Minister for Fisheries before carrying out or authorising dredging or reclamation work in any waters).



The nature and scale of the proposed activity will determine the depth and detail of a contractor’s fauna study. However, all fauna reports should include:

A list of terrestrial and aquatic fauna identified during the survey and the fauna expected to occur in the study area, not just the work site. Fauna expected to occur in the study area are determined from sightings by local residents, previous studies conducted in the area or region, and the home range and preferred habitat of species as listed in authoritative texts.

A description of the terrestrial and aquatic habitats that occur within or adjacent to the proposal.

The results of any consultation with the NSW National Parks and Wildlife Service (DEC), NSW Fisheries (DPI), the Commonwealth Department of Environment and Heritage and any other conservation organisations.

Commonwealth and NSW threatened species, populations or ecological communities, or their habitats (terrestrial or aquatic), known or expected to occur in the study area.

Commonwealth listed migratory species.

The potential impacts of the proposal on the long-term viability of terrestrial and aquatic fauna populations in the area.

How the impacts affect the ability of fauna species to recolonise the area of impact.

Suggested measures to reduce impacts on fauna.

Threatened species All terrestrial and aquatic flora and fauna studies should assess the impacts of the proposed activity in terms of the NSW Threatened Species Conservation Act, 1995 and the Commonwealth Environment Protection and Biodiversity Conservation Act, 1999. If NSW listed threatened species, populations or ecological communities have been identified, an assessment under Part 5A of the Environmental Planning and Assessment Act (the “eight part test”) must be undertaken. See Appendix J.

If Commonwealth listed threatened species have been identified, an assessment in accordance with the Commonwealth Administrative Guidelines must be undertaken. See Appendix N.

If a report has been provided by a consultant, a concise summary should be included in the REF and the complete report provided in an appendix.

8.3.9 Visual / Landscape A visual / landscape study determines the short and long term impacts that would occur in relation to the effect of the proposed activity on its surrounding rural or urban surroundings. Adverse impacts can occur, for example, as a result of earthworks or vegetation clearance, the alignment of a road that is unsympathetic with the surrounding landscape, or the use of materials that detract from the adjoining urban fabric.



Aspects to consider include:

Destruction or obscuring of existing views for residents and motorists.

Creation of unattractive views such as stockpiles.

Alterations to the existing aesthetics of localities or precincts such as tree-lined avenues or historic precincts.

Alignment and design features, including details such as materials used, street furniture and signs, that reinforce or detract from the existing landscape or urban area.

Depending on the nature and scale of the proposed activity, a visual / landscape study should be undertaken by a qualified landscape architect or urban designer experienced in visual impact assessment for road and bridge projects. A concise summary of a specialist report should be included in the REF and the complete report provided as an appendix.

A Visual / Landscape study should include the following components:

An analysis of the existing landscape, urban design and visual resources which will assess:

the significance of existing landscape types (eg. Natural, Cultural, Urban)

sensitivity of the landscape / urban area to alteration by roadworks

viewer sensitivity to alteration by roadworks

significance of existing views and vistas.

An assessment of impacts. This section should state the potential impacts on the existing landscape / urban / visual resource if the proposed activity proceeds. The level of impact is based on the relative assessment of the significance of the existing resource, its sensitivity to alteration and the extent of alteration to the landscape / urban / visual quality.

Proposed strategies to mitigate adverse impacts and improve the existing landscape / urban / visual resource. If a specialist study has been prepared, concept plans and cross-sections should be included to indicate how the strategies are to be implemented.

The REF should note whether a landscape plan and/or urban design plan is to be included at the detailed design phase of the project.

A description of the visual impact of a proposed activity requires an assessment of the scenic quality and value of the area. Three levels of scenic quality and value may be identified:

High - areas with visually prominent features of landform, land cover, waterform or built elements. These may include escarpments, elevated ridgelines, visually significant stands of vegetation, geological formations, river, parks, buildings, city skyline or streetscape. Views from an elevated position are also usually of high scenic value.

Moderate - areas with landform, or built features which tend to be common throughout the region and are not outstanding in visual quality.

Low - areas with features of minimal diversity or variety.



It should be noted that scenic value alters with location and setting. What may be considered to be of low or moderate scenic value in one location could be of high scenic value in another. The setting of the proposed activity is therefore important in determining its impacts on the scenic quality and value of the area.

You should consult the RTA’s Roadscape Guidelines and its Urban and Regional Design Practice Notes (Beyond the Pavement).

8.3.10 Indigenous heritage A search of the NSW National Parks and Wildlife Service Aboriginal Sites Register should be undertaken early in the preparation of the REF. This will identify if any sites are known and give an indication of the likelihood of sites occurring in the area. The NPWS may require an archaeological survey of the proposed road corridor and adjacent areas. This must be undertaken by a qualified archaeologist and include representatives of the local Aboriginal community. The RTA’s Aboriginal Liaison Officers can assist.

Proposals to safeguard or destroy sites should be detailed. If sites are to be destroyed a permit must be obtained from the NPWS. If an archaeological report has been prepared it should be summarised here and the full report provided as an appendix to the REF.

Any matters of cultural heritage additional to archaeological relics also should be discussed if these are identified and permitted to be discussed by the local Aboriginal community.

Details of any current or potential Aboriginal land claims over the proposed road corridor and their implications for construction and operation of the completed road should also be investigated and documented.

8.3.11 Non-indigenous heritage Any buildings, sites or items of heritage significance listed by the RTA, Heritage Council of NSW, the Australian Heritage Commission, the National Trust of Australia (NSW) the local Council or any other association or group that occur within or adjacent to the proposed activity should be identified and indicated on a locality map if appropriate. A statement of their heritage significance should be provided.

A statement of heritage impact should be provided, outlining the potential impacts of the proposal on any listed heritage items, sites or buildings should be detailed. Correspondence and advice from relevant authorities should also be detailed and any concerns raised should be addressed.

Other buildings, sites or items of historic, cultural, architectural, social or aesthetic importance should also be mentioned. Their age and their importance should be described. Ornamental plantings, remnant bushland within road reserves, individual trees and other natural features may also have local heritage importance. The importance of unlisted buildings, sites or items to the local community may be determined by consulting with the local Council, Historical Society or through the community consultation process.



The proposed actions to protect heritage items or buildings should be described. As well as direct impacts, vibration from road construction machinery can seriously damage old buildings and structures. Visual and aesthetic intrusion of roads and road lighting and signage can also diminish the quality of heritage items or precincts and should be considered as a design component of the proposed activity.

If Commonwealth funding is involved and the proposed activity is likely to affect an item of the National Estate, you should consult the Australian Heritage Commission. You may need to demonstrate that there is no “prudent and feasible” alternative to the proposed activity.

Where listed heritage items are to be affected a report by a qualified specialist may be required. If any heritage items are identified which will remain in the RTA’s care and control, a heritage assessment is to be prepared and the item is to be registered into the RTA’s Heritage and Conservation Register.

Be aware that, particularly in the case of RTA bridges, broad studies may have been carried out on groups of heritage items. Statements of heritage significance and / or Conservation Management Plans may have been prepared for individual items. Consult Regional Environmental staff or Environment Branch.

You should consult the RTA’s Heritage Guidelines.

8.3.12 Socio-Economic Considerations Factors to consider in this section include:

Land use

The community

Effects on the community

Property effects

Economic Effects

Provisions for pedestrians and cyclists

Public transport.

A community involvement program may be an important tool for assessing the potential social impacts of a proposed activity. See the RTA Community Involvement Practice Notes and Resource Manual.

Land Use Existing land use within and adjacent to the boundaries of the proposed activity should be described. In addition, you should describe any proposed changes to current land use. The LEP may identify these but also Council staff should be consulted about future possibilities. Some typical land use categories are road, bushland, grazing land, agricultural, residential, community uses (churches, schools, etc), commercial and industrial.



Aspects to be considered include the nature and extent of the impact of the proposed activity on differing land uses; likely changes to any of the existing land uses as a result of the proposed work; and whether this would cause adverse or beneficial short term, medium term or long term impacts on individuals or the local community. For example, the construction of a new or upgraded road in a semi-rural area may precipitate the redevelopment of old farms for residential estates. Similarly, a proposed activity may require the use of publicly owned land, for example, a park, recreation area or reserve. The proposed activity may reduce the land use potential of affected land or other areas within the district. This could include mineral resources, wildlife refuge, agricultural use, residential uses or scenic value.

Proposed actions to minimise the potential impacts on land use should be discussed.

Land use considerations need to include the potential impacts of the activity on agreements and plans of management under the National Parks and Wildlife Act 1974 and the Threatened Species Conservation Act 1995. They also need to include the potential impacts of the activity (including aural and visual impacts) on any wilderness area in the locality.

The Community A description of the affected community should be provided. This could include population trends (stable, growing, declining, length of occupation), and general characteristics of the population, (eg. young families, predominantly elderly, low income families, high rise area with mixed age households etc.). General community information can be obtained from the Australian Bureau of Statistics. If a more comprehensive approach is necessary relevant to the proposed activity, a community survey could be undertaken of people potentially affected by the proposal to determine their age, ethnic background, whether they own or rent their home, where their children go to school, where they shop, what other community facilities they use, etc.

Effects on the community Changes in community patterns may occur as a result of construction activity (generally short-term changes), or as a result of the completed work (long-term changes). Aspects to be considered include changes in accessibility for residents, pedestrians, cyclists, motorists, buses or emergency vehicles, changes to amenity, changes to the character of an area or locality, the relocation of community facilities (for example facilities for the aged), or changes in the community cohesion or interaction (indications of community cohesion include the extent to which residents participate in the social and economic life of the community, age distribution and the length of time they have remained in the same residence). The proposal might result in an increased or reduced safety hazard on the community, for example by the redirection of heavy vehicles carrying hazardous loads.

In some cases a social impact assessment may be desirable to fully understand the affected community and to consider potential impacts on a community. Measures proposed to reduce potential adverse impacts should be discussed.

Property effects The Regional Property Manager should be asked to prepare a property report.



Any land acquisition involved should be identified on a plan presented as a figure in the REF. A description of the land to be acquired should include its area in hectares or square metres. An assessment of the quality of any affected farming land should also be provided. Advice may be obtained from the Department of Primary Industries or the Department of Infrastructure, Planning and Natural Resources.

If the acquisition, demolition or alteration of any property is required, a general description of the total number and type of buildings or properties and their locations should be given. Where rural properties are affected, this could include an estimate of the overall effect of the proposed activity in relation to excising x ha of class y agricultural land. Usually, more detailed information such as the owner’s name, the property name, major existing and proposed uses need not be included unless this information is important to the discussion of impacts. Estimates of likely dollar costs of impacts should not be included at any time, as these could prejudice subsequent acquisition negotiations.

Where residential buildings are affected, a description of the total number of people affected, their age and their length of occupation of the property could be included if possible. This information may provide some indication of the degree of impact. Results of discussions with affected residents could also be included.

Opportunities may be presented to the RTA in relation to the use or disposal of residues or properties acquired. These should be incorporated in the REF as practicable. You should consult Regional Property staff.

Effects on heritage items should be included separately. See sections 8.3.10 and 8.3.11 of this Appendix.

Proposed actions regarding acquisitions, demolition or alterations should be discussed. For publicly exhibited REFs, reference should be made to the acquisition being negotiated in accordance with the RTA’s Land Acquisition Policy and compensation being in accordance with the Land acquisition (Just Terms Compensation) Act 1991. A copy of the RTA’s Land Acquisition Policy should be included in an Appendix if the REF is to be publicly available.

Care should be exercised when discussing mitigation measures. The cost effectiveness of such measures should be considered. As an extreme example, why commit to a $100,000 stock underpass when the value of the severed portion of land is $25,000? A commitment can be given to provision of measures such as stock underpasses subject to examination of cost effectiveness and negotiation with the affected owner, with an additional undertaking to purchase the entire severed portion if no cost effective mitigation measure can be found.



Economic effects Details should be given of any adverse or beneficial effects the proposal is likely to have on local businesses, industries, agricultural activities, tourism and labour. Adverse effects may be associated with parking restrictions or town by-passes resulting in the loss of passing trade for retail businesses, increased road haulage requirements for industries, or the severing of agricultural properties which makes access difficult or a portion of the property not economically viable. Beneficial effects could result from increased accessibility, improvement in local amenity, safety, and the general stimulation of the local economy. Proposed measures to reduce identified adverse impacts should be detailed. Consult the RTA’s Economic Analysis Manual.

Provisions for pedestrians and cyclists Discuss any special design features for cyclists or pedestrians. This may include wide shoulders, pavement markings, pedestrian bridges, cycleways etc. Other opportunities which might be available as a result of co-ordination with the local Council should also be discussed (eg. Council provision of a cycleway within a road reservation provided by the RTA).

You should consider both the design features of the proposed activity and any impacts which the proposed activity might have on other existing or planned cycle or pedestrian facilities (RTA or Council). Consult the RTA’s Bicycle and Pedestrian Branch.

Public transport Discuss any potential effects the proposed activity may have on local public transport. Impacts may include, for example, changes to the viability of public transport (brought about by changes to bus routes and passenger numbers), provision of bus lanes or priority traffic signals, improvements to running costs as a result of reduced travel time or improved alignment.

8.3.13 Waste minimisation and management Identify major waste streams and propose methods for their management.

Adopt an approach based on the following hierarchy:

Identify the potential waste created during all phases of the proposed activity including construction, operation and maintenance

Propose measures to avoid creation of waste on site

Propose measures to minimise unavoidable waste, including alternative uses for waste

Describe what steps have been taken to ensure the maximum cost effective use of recycled material in the proposed activity.

Identify disposal methods, sites and treatments for remaining wastes



Measures to be considered in regard to waste minimisation and management include:

Sourcing of materials which do not in themselves result in the creation of excess waste.

The recycling or disposal of waste oils at licensed sites.

The proper disposal of other chemical wastes according to appropriate DEC guidelines.

The use of excess spoil material to create noise or landscaping mounds.

The use of old or dead tree trunks or branches containing hollows within the road reserve to provide habitat for fauna, or even to assist in sedimentation and erosion control.

The provision and regular emptying of rubbish bins with heavy, lockable lids at site compounds.

The covering of rubbish loads when being transported to landfill sites.

The connection of toilet systems to the local sewerage system or regular servicing by contracting companies.

If contaminated waste is generated, the REF should note that the appropriate DEC licences and approvals would be obtained for its disposal and the operators of the disposal site would be notified in advance.

If excess spoil is intended to be disposed of on private land, most local governments require the land holder to first have a development application approved. The REF should note that this would be sighted by the Project Manager before any spoil is dumped.

Cleared vegetation or other materials should not be burned in urban areas, although in some rural situations it may be necessary where the amount of cleared vegetation is too great. Where it is necessary to burn vegetation it should normally be trench burned.

Trees to be removed should be assessed for their value as millable timber and sold or given to timber mills if appropriate. Leaf material and small branches of native vegetation should be chipped and used as mulch in revegetation works. If large tree logs and branches are not millable, they could be cut into smaller sections and given away for firewood or other purposes. Weed species (including weed trees) should not be used for mulch since this will spread them throughout the revegetated area and make the weed problem worse than before.

8.3.14 Demand on resources Resources used in the construction of roads and associated works include construction materials such as fill material, base and sub-base gravels, pavement, fuels and oils, sand, cement, steel etc., and resources such as vacant land, and remnant bushland. Some of these resources may be locally of limited supply. Construction of a road proposal may therefore substantially diminish local supplies, or incur high transportation costs.



Demands on resources also occur during the operational life of the road. These resources include:

Personnel to maintain the road pavement, erosion control structures, landscaping etc.

Materials used in that maintenance (eg. asphalt, concrete, plant stock).

Fuel resources for vehicles (eg. will the proposal result in increased fuel usage?).

All of these considerations should be detailed in the REF to the extent that they are applicable to the proposed activity. The implications of limited supplies and proposed measures to ameliorate any impacts should also be addressed.

8.3.15 Associated infrastructure and activities Following from the comprehensive identification and description of the proposal (see Chapter 5.1), the REF should identify to the greatest extent possible all associated activities which are required as a direct result of the proposed activity. These might include, for example, batch plants, compounds, stockpiles, geotechnical and surveying investigations, loop cutting.

The REF should list the known activities, identify their known or likely sites as appropriate (perhaps including ‘no go’ locations) and discuss their likely impacts. The discussion of impacts and mitigating measures can be in terms of typical impacts or industry standards if no more detail is available at this stage.

The incorporation of these matters in the REF will enable the Decision Report and project approval to be prepared inclusive of all relevant activities and will avoid the need for subsequent approvals.

8.3.16 Operation Hazards and Risks Discuss the risks of accidents involving hazardous goods. This should involve a consideration of:

the existing road and its drainage in relation to proposed improvements;

traffic volumes, proportion of heavy vehicles potentially carrying hazardous goods

adjoining land uses and waterways.

8.3.17 Identification and Consideration of Protection of the Environment Policies

It is a requirement of the Protection of the Environment Operations Act that any relevant Protection of the Environment Policies (PEPs) are identified and addressed in considering the likely impact of an activity on the environment under Part 5 of the EP & A Act.



Thus, you need to seek advice from the Department of Environment and Conservation on what PEPs have been introduced, consider which of these are relevant to the proposed activity, and demonstrate how you have addressed the relevant PEPs and taken them into account in relation to the proposal.

(At the time of writing, no PEPs have been released.)

8.4 Cumulative Environmental Effects The cumulative environmental effects of a proposal are those impacts which are likely to combine with each other or with the impacts of other activities to produce a beneficial or adverse effect. Many small activities and their environmental impacts, when combined, have at least as great an effect on the environment as single major activities or events.

Consideration of the potential cumulative effects of a proposal should include:

The relationship of the proposed activity to other road and bridge proposals and the likely effect of that larger overall improvement; for example, on settlement, urban development, tourist access, road versus rail freight

Any existing or proposed non-road developments in the area and the likely effect on the environment of those proposals in conjunction with the proposed activity

Any synergistic effects of individual project impacts when considered in combination

Any known environmental stresses in the affected area and the likely contribution of the proposed activity to increasing or decreasing those stresses.

You should refer back to the issues addressed in the Strategic Stage, and discuss how the proposed activity will by itself, or in conjunction with other activities, affect those issues.

Some of the factors that may need to be considered are:

What contribution would the proposal make to the local and regional water quality? Is there evidence of an already ecologically stressed river system, both documented and undocumented?

What would be the flow-on effects of the proposal on land use planning on a local and regional scale? Would the proposal attract other development which would adversely affect the environment, and which would not otherwise have located or occurred in the area? Are these likely developments consistent with Local Environmental Plans, Regional Environmental Plans or other planning instruments?

Would the construction of the proposal prevent or inhibit the development of another form of transport in the future; or reduce the viability of other transport modes currently in use?

Is the current proposal one part of a longer-term route development? How is the current proposal likely to contribute to the larger regional or national effects of that route development?



8.5 Matters of national environmental significance; Commonwealth land Note: The NES matters discussed below are listed at

www.environment.gov.au on the Commonwealth Department of Environment and Heritage home page.

8.5.1 World Heritage Properties A declared World Heritage property is an area that has been included in the World Heritage list or declared by the Commonwealth Minister for the Environment to be a World Heritage property. You must consider any direct or indirect impacts of the proposal.

8.5.2 National Heritage Places These are items included in the National Heritage List or the Commonwealth Heritage List. The National Heritage List is the more important for the RTA, as the Commonwealth Heritage List refers only to places owned or leased by the Australian Government. Consideration of impacts relates to the heritage values of those places.

8.5.3 Wetlands of international importance These are wetlands that have been designated under the Ramsar Convention or declared by the Commonwealth Minister for the Environment to be a Ramsar wetland. You must consider any direct or indirect impacts of the proposal.

8.5.4 Commonwealth Listed Threatened Species and Ecological Communities

Commonwealth listed threatened species and ecological communities may differ from NSW listed threatened species and ecological communities. You must address impacts on the following categories of species:

Extinct

Extinct in the wild

Critically endangered

Endangered

Vulnerable

Conservation dependent

You also must address the following categories of ecological communities:

Critically endangered

Endangered

Vulnerable

In addressing these criteria, you may need to address the concepts of critical habitat and any recovery plans that exist. Information on critical habitat and recovery plans is available on a register maintained by the Commonwealth Minister for the Environment.

http://www.environment.gov.au/



8.5.5 Commonwealth Listed Migratory Species Some migratory species are also listed as threatened species. If so, they should be addressed in the section on threatened species. This section should address any migratory species that are not also threatened species. You must consider any direct or indirect impacts of the proposal.

8.5.6 Nuclear Actions It is a requirement of the EPBC Act to consider the impacts of nuclear actions. While these need to be specifically addressed, it is extremely unlikely that any RTA proposal would constitute a nuclear action.

8.5.7 Commonwealth Marine Areas You must consider any direct or indirect impacts of the proposal.

8.5.8 Commonwealth Land The EPBC Act also provides that:

an action must not be taken that has, will have or is likely to have a significant impact on Commonwealth land (even if the action is undertaken outside Commonwealth land)

an action must not be taken on Commonwealth land where that action has, will have or is likely to have a significant impact (even if that impact occurs outside Commonwealth land)

except with an approval from the Commonwealth Environment Minister or in accordance with an approval from another Commonwealth Minister in accordance with a management plan accredited by the Commonwealth Environment Minister.

To assist in meeting this requirement, you must identify in the REF any Commonwealth land likely to be affected by the proposed activity, either directly or indirectly.

9. Implementation Stage

9.1 Summary of Proposed Safeguards This section could be divided into 3 sub-sections dealing with the pre-construction, construction and post construction stages. (Pre-construction considerations may include, for example, baseline studies, seed collection from local vegetation, or early installation of noise reduction measures.)



List all of the safeguards, recommendations, amelioration measures, and monitoring proposed in the REF. The summary should:

Be concise.

Spell out as clearly as possible the safeguards, recommendations, amelioration measures and monitoring proposed.

Be as detailed as possible with regard to dimensions and quantities.

Include the licences, consents or approvals which are or may be required.

Include any codes of practice relevant to the proposal.

Include any administrative arrangements (eg, the employment of a site environmental officer).

9.2 Environmental management Describe the process by which it is proposed to ensure that the safeguards and measures detailed in the REF would be implemented. This could include:

preparation of an Environmental Management Plan(s),

environmental specifications G34, G35 or G36 in tender documentation (or similar for RTA works),

contract supervision

ongoing monitoring

auditing and provision for rectification

inclusion of environmental requirements in project completion reporting and transfer of ongoing commitments at project handover.

9.3 Licences and approvals List licences, permits or approvals required to carry out the work. A summary

schedule of environmental legislative requirements is available on the RTA Intranet at Directorates and Branches / Chief Executive’s Office / Environment and Community Policy.



Section C - Finalisation

10. Outcomes and justification List the major outcomes that would result from implementation of the proposed activity; and provide a summary of its justification; within the following contexts:

Biophysical Effects

Social / Community Effects

Economic Effects

The principles of ecologically sustainable development.

Justification will usually relate to whether the adverse environmental impacts are balanced or outweighed by the beneficial effects of the proposal.

Biophysical context: List the major outcomes, adverse and beneficial, on the natural environment.

Social/community context: List the major outcomes, adverse and beneficial, on the community.

Economic context: List the major outcomes on economic factors, including: the road user cost benefit analysis; any other economic outcomes assessed; any external economic effects such as changes to the local and regional economies.

Principles of Ecologically Sustainable Development: Discuss how the proposal relates to the following principles, as described in Schedule 2 of the EP&A Regulation (see Appendix D):

The precautionary principle

Intergenerational equity

Conservation of biological diversity and ecological integrity

Improved valuation and pricing of environmental resources.

11. Assistance to assessing officer You can assist the assessing officer by summarising the major issues identified in the REF in the following terms:

11.1 The characteristics of: the proposed activity

the affected environment

the interaction between the activity and the environment and the resulting environmental impacts.



11.2 The extent of the impacts The type of impacts

The size of impacts

The intensity of impacts

The scope of impacts (direct and indirect effects)

The duration of impacts in relation to construction and operation.

11.3 The nature of the impacts the level of confidence in their prediction

the resilience of the environment to cope with the impacts

how reversible the impacts are considered to be

how adequately the impacts can be mitigated or managed

whether the activity complies with standards, plans or policies

whether further studies are needed on impacts or mitigation measures

the extent of public interest in the activity and its impacts.



12. Clause 228 checklist The checklist can help the person preparing the REF to ensure that adequate information has been provided on likely environmental impacts of the proposed activity. This is particularly important if the proformas have been modified or have not been followed. An example of a checklist is provided below.

Factor* Reference in REF

a) Community impact

b) Transformation of locality

c) Impact on ecosystems

d) Reduction of environmental quality

e) Effect on locality, place or building

f) Impact on habitat of fauna

g) Endangering of species of life

h) Long-term effects on the environment

i) Degradation of the environment

j) Risk to safety of the environment

k) Reduction of beneficial uses

l) Pollution of environment

m) Waste disposal problems

n) Demands on resources

o) Cumulative effects

Section 8.4

Section 4

Section 8

Section 8

Section 4 and Sections 8.11 and 8.12

Section 8.7

Sections 8.7 and 8.8

Section 8

Section 8

Section 6.2.5

Section 8.9

Section 8

Section 5.4

Section 5

Section 10 • Note: The Clause 228 factors here have been abbreviated. Their full

wording and an explanation of their meaning is given in Appendix C.

13. Certification The certification should be signed by the person who has written the REF. If this is not an RTA officer, the certification should be countersigned by the RTA officer with primary responsibility for preparation of the REF. (See example in Proforma 1).



14. Appendices to the REF Appendices such as the following should be provided in the REF document as attachments or appendices:

Figures, such as a location map, design plan, zoning and land use map, drainage plan.

Photographs, numbered and captioned.

A map showing the location at which each photo was taken and the direction of view should be provided.

Results of community involvement program.

Copies of the responses obtained from the agencies and organisations consulted in the preparation of the REF.

Consultant reports.

Road user cost benefit analysis.

Any other detailed matters that could be relevant to the assessment of the likely environmental impact of the proposed activity.

Decision Reports - Examples

RTA Environmental Impact Assessment Guidelines, Version 4 B-1

B. Decision Reports - examples

This Appendix applies to Chapters 6.4 and 12 Note 1: The following examples provide different possible responses, particularly in relation to the EPBC Act. The preparer of the Decision Report may need to amend and/or combine certain of these in any given situation.

Note 2: These examples do not address a situation where no significant impact is identified in relation to the EP&A Act but a significant impact is identified in relation to the EPBC Act and the Commonwealth Environment Minister advises that a REF is the appropriate assessment document. If this situation arises, advice should be sought from Environment Branch.


B-2 RTA Environmental Impact Assessment Guidelines, Version 4

Example 1 - No significant impact on the environment (EP&A Act)

Project Name

Introduction

A Review of Environmental Factors (REF) has been prepared to assess the potential environmental impacts of the proposal as described below. The REF was prepared by [insert name] and forwarded for assessment from [insert name and Branch]. This Decision Report has been prepared to consider the REF in relation to requirements under the NSW Environmental Planning and Assessment Act 1979 and the Commonwealth Environment Protection and Biodiversity Conservation Act 1999.

The objectives of this Decision Report are to: assess the likely environmental impacts detailed in the REF

determine the significance of those impacts

[if it is determined that impacts are not likely to be significant] propose conditions of approval to apply should the proposal proceed

address the position under the EPBC Act

Description of Proposal in REF

The Proposal is: [Short description of the proposal as described in the REF. If modifications are proposed, include a cross reference to the later section].

The objectives of the proposal are: [insert]. Justification for the Proposal

[Short summary of the justification for the project as established in the REF]. Consideration of Review of Environmental Factors

The REF has been examined and considered. The REF addresses the requirements of Section 111 of the Environmental Planning and Assessment Act, 1979.

In considering the activity this assessment has examined and taken into account to the fullest extent possible, all matters affecting or likely to affect the environment by reason of that activity, as addressed in the REF and associated information. This assessment was considered in accordance with the Department of Infrastructure, Planning and Natural Resources’ best practice guideline Is an EIS Required?

This assessment has considered the potential impacts of the activity on critical habitat and on threatened species, populations or ecological communities or their habitats, for both terrestrial and aquatic species.



This assessment has addressed all matters of national environmental significance and any impacts on Commonwealth land. In relation to matters of national environmental significance, this evaluation has been undertaken in accordance with Commonwealth Administrative Guidelines on determining whether an action has, will have, or is likely to have a significant impact. Consideration of Representations

[This section to be included if the REF was exhibited publicly. It should list all representations received, identify issues raised and provide responses. If a submissions report has been prepared, this should be referred to and attached as part of this Decision Report].

Additional Studies and New Information

[As required]

Modifications to the Proposal

[As required. This should describe the modifications, establish why they are required and assess their likely impacts in relation to the REF proposal].

Assessment – EP&A Act

The activity described in the REF [as modified] will have some environmental impacts which can be ameliorated satisfactorily. Having regard to the safeguard measures proposed and to the Conditions of Approval set out below, I consider that these impacts are unlikely to be significant and therefore, an environmental impact statement is not required.



The activity described in the REF [as modified] will not affect declared critical habitat. The activity described in the REF will not affect any threatened species, populations or ecological communities or their habitats. [Or: The activity described in the REF [as modified] will not significantly affect threatened species, populations or ecological communities or their habitats.] Therefore, a Species Impact Statement is not required.

Assessment – EPBC Act

The activity described in the REF [as modified] will not affect / will not have any significant impact on any NES matters [and/or Commonwealth land]. Therefore, a referral to the Commonwealth Department of Environment and Heritage is not required and no further action is required in relation to the EPBC Act.

or

The activity described in the REF [as modified] will affect the following NES matters [specify] [and/or Commonwealth land]. Therefore, a referral was made to the Commonwealth Department of Environment and Heritage, seeking a determination from the Commonwealth Environment Minister on whether the activity will have a significant environmental impact on the NES matters and/or Commonwealth land.

On [date] the Commonwealth Environment Minister advised that the proposal would not have a significant effect on NES matters and/or Commonwealth land. Therefore, no further action is required in relation to the EPBC Act.

[As required in relation to any part of the assessment - In coming to this view, I have consulted (add RTA position name), whose concurrence is attached.]

Conditions of Approval

[Insert as appropriate]

Recommendation It is recommended that:

An Environmental Impact Statement not be prepared for the proposed activity

A Species Impact Statement not be prepared for the proposed activity

No further action be taken in accordance with the Commonwealth EPBC Act

the [project name] proceed, subject to implementation of [the modifications as specified above and] all environmental safeguard measures identified in the REF and the above conditions to approval.

Recommended by:

Environmental Assessor: (See Procedure EIA 01)

Date

Approval

I have considered to the fullest extent possible all matters affecting or likely to affect the environment by reason of the proposed [project name]. I agree with the recommendations of the Environmental Assessor and approve the carrying out of the proposed [project name] in accordance with those recommendations. The approval will remain current for five years from the date of approval, at which time it will lapse if construction works have not begun.



Approved by:

Decision Maker: (See Procedure EIA 01)



Example 2 - Significant impact on the environment (EP&A Act and EPBC Act)

Project Name

Introduction

A Review of Environmental Factors (REF) has been prepared to assess the potential environmental impacts of the proposal as described below. The REF was prepared by [insert name] and forwarded for assessment from [insert name and Branch]. This Decision Report has been prepared to consider the REF in relation to requirements under the NSW Environmental Planning and Assessment Act 1979 and the Commonwealth Environment Protection and Biodiversity Conservation Act 1999.The objectives of this Decision Report are to:

assess the likely environmental impacts detailed in the REF

determine the significance of those impacts

[if it is determined that impacts are not likely to be significant] propose conditions of approval to apply should the proposal proceed

address the position under the EPBC Act

Description of Proposal in REF

The Proposal is: [Short description of the proposal as described in the REF. If modifications are proposed, include a cross reference to the later section].

The objectives of the proposal are: [insert].



Consideration of Review of Environmental Factors

The REF has been examined and considered. The REF addresses the requirements of Section 111 of the Environmental Planning and Assessment Act, 1979.

This assessment has taken into account to the fullest extent possible, all matters affecting or likely to affect the environment by reason of that activity, as addressed in the REF and associated information. This assessment was considered in accordance with the Department of Infrastructure, Planning and Natural Resources’ best practice guideline Is an EIS Required?

This assessment has considered the potential impacts of the activity on critical habitat and on threatened species, populations or ecological communities or their habitats, for both terrestrial and aquatic species.This assessment has addressed all matters of national environmental significance and any impacts on Commonwealth land. In relation to matters of national environmental significance, this evaluation has been undertaken in accordance with Commonwealth Administrative Guidelines on determining whether an action has, will have, or is likely to have a significant impact.



Consideration of Representations

[This section to be included if the REF was exhibited publicly. It should list all representations received, identify issues raised and provide responses. . If a submissions report has been prepared, this should be referred to and attached as part of this Decision Report].

Additional Studies and New Information

[As required]

Modifications to the Proposal

[As required. This should describe the modifications, establish why they are required and assess their likely impacts in relation to the REF proposal.]

Assessment – EP&A Act

I consider that the environmental impacts of the activity described in the REF [as modified] are likely to be significant in relation to the following matters and for the reasons specified below:

[specify]

The activity described in the REF [as modified] will /will not affect declared critical habitat. The activity described in the REF will / will not affect any threatened species, populations or ecological communities or their habitats. [Or: The activity described in the REF [as modified] will / will not significantly affect threatened species, populations or ecological communities or their habitats.] Therefore, a Species Impact Statement is / is not required.

Assessment – EPBC Act

The activity described in the REF [as modified] will not affect Commonwealth land. The activity described in the REF [as modified] was considered likely to have a significant impact on the following NES matter[s]:

(specify)

Therefore, a referral was made to the Commonwealth Department of Environment and Heritage, seeking a determination from the Commonwealth Environment Minister on whether the activity will have a significant environmental impact on that matter.

On [date] the Commonwealth Environment Minister issued a Notice of Controlled Action which: advised that the proposal would have a significant effect on [the NES matter(s)].

required the approval of the Commonwealth Environment Minister in relation to specified controlling provisions

designated the RTA as the proponent

required assessment by EIS in relation to the specified controlling provisions and accredited the NSW environmental impact assessment process for this purpose.

Recommendation It is recommended that:

An Environmental Impact Statement be prepared for the proposed activity to cover requirements under both the NSW EP&A Act and the Commonwealth EPBC Act

A Species Impact Statement (be prepared / not be prepared) for the proposed activity

Recommended by:



Environmental Assessor: (See Procedure EIA 01)

Date

Approval

I have considered to the fullest extent possible all matters affecting or likely to affect the environment by reason of the proposed [project name]. I agree with the recommendations of the Environmental Assessor and approve the preparation of an Environmental Impact Statement (and a Species Impact Statement) for the proposed activity.

Approved by:

Decision Maker: (See Procedure EIA 01)

Clause 228(2) of EP&A Regulation, 2000

RTA Environmental Impact Assessment Guidelines, Version 4 C-1

C. Clause 228(2) of EP&A Regulation, 2000

This Appendix applies to Chapters 6, 12 and 13

The fifteen factors listed in Clause 228(2) have been worded to consider the likely impacts of many varied activities on the natural and built environment. They are framed so that all potential effects on the environment are considered.

The REF proformas have been drafted in a manner to ensure that all Clause 228 factors are addressed. Normally therefore, the completion of a proforma REF should result in the consideration of all relevant environmental factors. If a proforma is modified or is not used, attention needs to be given to ensuring that adequate information has been provided on likely environmental impacts of the proposed activity.

a) Any environmental impact on a community Roadworks usually do have an impact on the local community. These impacts should be identified and the proposed methods of reducing or eliminating the impacts detailed. Impacts could include changes to access or parking, changes to the streetscape, the proximity of residences to a road and the adverse effects this may cause, altered traffic noise levels, changes to business activity, etc.

b) Any transformation of a locality Transformation may occur as a result of the demolition of buildings, major earthworks or the construction of bridges, overpasses and roads generally. Transformation may also include changes to the local community structure as a result of the proposal eg: long established residents who find themselves separated from town by a major road may sell and move. This may result in alterations to the age distribution, population size and the ‘feel’ of the locality. Some cumulative impacts may also result in transformation, eg the encouragement of increased development in the region.

c) Any environmental impact on the ecosystems of the locality The ecosystem includes all living and non-living components of the natural environment such as flora, fauna and other living things, water, air, soil, dead trees, etc. The locality includes areas adjacent to the actual work site. Impacts may occur to ecosystems (including population centres) which are some distance from the actual construction site.


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d) Any reduction of the aesthetic, recreational, scientific or other environmental quality or value of a locality

Will any quality or value of the environment be reduced as a result of the proposed activity? Scientific quality or value refers to whether the locality offers any special scientific interest. This could be due for example, to the presence of rare plants, animals, or habitats, or geological, geomorphological or hydrological features. Scientific value is sometimes reflected in the dedication of an area as a nature or other reserve.

e) Any effect on a locality, place or building having aesthetic, anthropological, archaeological, architectural, cultural, historical, scientific or social significance or other special value for present or future generations

This factor considers impacts on both Aboriginal sites and relics, and non-Aboriginal sites, relics or structures which have any significance or value. These sites, items or buildings may or may not be recognised by their listing on a heritage or Aboriginal sites register. Their absence from any listing does not mean that they are not significant or remove the responsibility to identify and fully consider their importance.

Significance may be measured on an international, national, state, regional or local level. The future integrity or viability of the site, item or building after the completion of the proposal should also be considered.

f) Any impact on the habitat of any protected fauna (within the meaning of the National Parks and Wildlife Act 1974)

Protected fauna includes all native fauna. The habitat of fauna is the place in which individuals of a particular species can be found, the area they use for living and breeding. The requirements of the TSC Act also need to be considered. (Refer to Appendix J).

g) Any endangering of any species of animal, plant or other form of life, whether living on land, in water or in the air

This factor includes all living things, including non-native plants and animals, insects etc. It is not expected that all living things will be considered in minute detail. The important aspect is that the likely direct and indirect effects of the proposed activity on animals and plants, as appropriate to the nature and scale of the work, should be fully considered. The impacts are further discussed in Part 2 section 7.3.7 Biodiversity. The requirements of the TSC Act and the FM Act need to be considered. (Refer to Appendix J).

h) Any long-term effects on the environment In an urban setting long-term effects may include changed property or business access, traffic noise increases, altered views or general amenity, increased road safety and service etc. In a rural or natural environment long-term changes may include all of the above plus other factors such as barriers to wildlife movement, reduction in the viability of productive farming land, the reduction of fauna or flora species populations due to clearing activities or the sterilisation of mineral resources.

i) Any degradation of the quality of the environment This is a very broad factor. The quality of the environment can include any aspect or area of consideration. For some proposed activities the collection of baseline environmental data is useful for determining whether for example, water quality may be adversely affected by the proposed activity. The baseline data can form the basis for subsequent monitoring and establish the level to be achieved in any necessary remediation work.


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j) Any risk to the safety of the environment The safety of the environment includes road safety with regard to motorists, pedestrians or wildlife, the potential spill of toxic chemicals into waterways, water supply catchments, or in residential areas generally, or chemicals which may produce clouds of toxic fumes. The consideration of this factor should not be limited to the safe operation of a road. All aspects should be considered.

k) Any reduction of the range of beneficial uses of the environment Uses which may be curtailed by road construction include agricultural pursuits, forestry, recreational uses, wildlife or flora habitat or reserves, other reserves, mining, commercial or industrial uses.

l) Any pollution of the environment Pollution of the environment as a result of road construction activities can occur during the construction and operation of a road. Pollution includes sediment entering watercourses, oils, fuels and other chemicals, vehicle emissions, noise, rubbish and other wastes, visual pollution, lights from vehicles and road lighting and many other potential impacts.

m) Any environmental problems associated with the disposal of waste Aspects which may be considered under this factor include the impacts of large numbers of truck movements on local roads, the disposal site for surplus excavation material, the disposal of contaminated soils, and the disposal of any building to be demolished which may contain dangerous wastes such as asbestos.

n) Any increased demands on resources (natural or otherwise) that are, or are likely to become, in short supply

Resources include road base and gravels, sand, concrete and any other construction materials. A broader consideration of resources may also include recreation areas, pristine forest or bushland, or workforce.

o) Any cumulative environmental effect with other existing or likely future activities

Cumulative effect is the compound effect of the proposed activity on the environment in addition to existing activities and proposed future activities.

Cumulative effect considers the potential compound effects of the proposal as it interacts with environmental impacts from other existing sources, plus its potential interaction with, or precipitation of, likely future activities. These activities are not restricted to RTA proposals. See section 8.4 of Appendix A.

Schedule 2 of EP&A Regulation, 2000

RTA Environmental Impact Assessment Guidelines, Version 4 D-1


This Appendix applies to Chapters 6.5, 8, 13 and 14

Schedule 2 lists essential requirements for an EIS.

Schedule 2 - Environmental impact statements (Clauses 72 and 230)

1 Summary A summary of the environmental impact statement.

2 Statement of objectives A statement of the objectives of the development or activity.

3 Analysis of alternatives An analysis of any feasible alternatives to the carrying out of the development or activity, having regard to its objectives, including the consequences of not carrying out the development or activity.

4 Environmental assessment An analysis of the development or activity, including:

(a) a full description of the development or activity, and

(b) a general description of the environment likely to be affected by the development or activity, together with a detailed description of those aspects of the environment that are likely to be a significantly affected, and

(c) the likely impact on the environment of the development or activity, and

(d) a full description of the measures proposed to mitigate any adverse effects of the development or activity on the environment, and

(e) a list of any approvals that must be obtained under any other Act or law before the development or activity may lawfully be carried out.

Schedule 2 of EP&A Regulation, 2000

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5 Compilation of measures to mitigate adverse effects A compilation (in a single section of the environmental impact statement) of the measures referred to in item 4 (d).

6 Justification of development (1) The reasons justifying the carrying out of the development or activity in the

manner proposed, having regard to biophysical, economic and social considerations, including the following principles of ecologically sustainable development:

(a) the precautionary principle, namely, that if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.

In the application of the precautionary principle, public and private decisions should be guided by:

(i) careful evaluation to avoid, wherever practicable, serious or irreversible damage to the environment, and

(ii) an assessment of the risk-weighted consequences of various options,

(b) inter-generational equity, namely, that the present generation should ensure that the health, diversity and productivity of the environment are maintained or enhanced for the benefit of future generations,

(c) conservation of biological diversity and ecological integrity, namely, that conservation of biological diversity and ecological integrity should be a fundamental consideration,

(d) improved valuation, pricing and incentive mechanisms, namely, that environmental factors should be included in the valuation of assets and services, such as:

(i) polluter pays, that is, those who generate pollution and waste should bear the cost of containment, avoidance or abatement,

(ii) the users of goods and services should pay prices based on the full life cycle of costs of providing goods and services, including the use of natural resources and assets and the ultimate disposal of any waste,

(iii) environmental goals, having been established, should be pursued in the most cost effective way, by establishing incentive structures, including market mechanisms, that enable those best placed to maximise benefits or minimise costs to develop their own solutions and responses to environmental problems.

EIS Summary Table

RTA Environmental Impact Assessment Guidelines, Version 4 E-1

E. EIS Summary Table

This Appendix applies to Chapter 6.5.1.6

EIS Summary Table

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EIS Summary Table

What is the proposed activity?

A new four lane section of the Stephens Highway to bypass Snooktown. See sections 1 and 2.4 of the EIS.

Why is the proposed activity needed?

The proposed activity is part of the Stephens Highway upgrade program, designed to improve travelling conditions for interstate, regional and local traffic and to contribute to economic and social development in this part of NSW. It would extend the existing divided carriageway conditions north from Cometville. The existing highway through Snooktown is a single carriageway road with substandard engineering conditions and a poor accident record. It directs highway traffic through the centre of the town, with attendant environmental and social disadvantages. The proposed activity would alleviate these conditions. See sections 2.1 and 2.2 of the EIS.

What options were considered?

Five options were considered – one along the existing highway, one using Catherine Street beside the railway, two different deviations to the west of the town, and a do nothing option. See section 3 of the EIS.

What option was chosen? The westernmost deviation, from Junction Road to Boundary Road, via Henrys Hill. This option has the second highest construction cost but has a good economic performance. It provides the environmental and social benefits of a bypass while limiting economic impacts on Snooktown. It avoids the Ruse wetlands and balances impacts on natural habitat and agricultural lands. See section 3.5 of the EIS.

What are the main beneficial outcomes expected?

Removal of highway traffic from Snooktown, with subsequent improvements in noise, local air quality, severance and urban amenity. Improved economic performance of the highway. Reduction in accidents. Extension of consistent divided carriageway travel north from Marytown. See sections2.3 and 6 of the EIS.

What are the main adverse outcomes expected?

Introduction of a new, permanent built feature in currently natural landscape. Removal of 25 ha of high quality forest habitat, affecting three threatened fauna species. Creation of new edge effects on flora and fauna. Increase in noise at three rural properties. Reduction in agricultural viability of one rural property. Potential economic effects on two service stations and one motel. See sections 4 and 5 of the EIS.

What are the major environmental safeguards proposed?

Revegetation and landscaping. Provision of 30 ha of compensatory habitat by inclusion of residue private lands into Edwards Nature Reserve. Two fauna underpasses. Temporary and permanent erosion and sedimentation controls. New farm accesses for three properties. Low noise pavement and other noise mitigation works. Contract requirements and an Environmental Management Plan to ensure implementation of all safeguards. See sections 6.5 and 7 of the EIS.

Standard Forms

RTA Environmental Impact Assessment Guidelines, Version 4 F-1

F. Standard Forms

This Appendix applies to Chapters 6 and 8

Typical form to accompany a Part 5 EIS.

Typical form to accompany a Part 4 EIS.

Certification to be attached to a Species Impact Statement prepared under the Threatened Species Conservation Act.

Standard Forms

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Typical form to accompany a Part 5 EIS This Environmental Impact Statement has been prepared by:

John Expert (B. Eng, MTCP) Chief Environmental Planner, Ubeaut Environments Pty Ltd (Company Address)

This Environmental Impact Statement has been prepared for:

Sara Project Manager (RTA Office Address)

The Environmental Impact Statement has been prepared in relation to the following land: (details of land affected)

The development application is in respect of the following proposed activity: Deviation of Stephens Highway at Snooktown.

Declaration

I declare that I have prepared this Environmental Impact Statement and to the best of my knowledge:

It has been prepared in accordance with clauses 230 and 231 of the Environmental Planning and Assessment Regulation 2000; and

It contains all available information that is relevant to the environmental assessment of the activity to which it relates; and

The information which it contains is neither false or misleading.

Signed (by preparer of EIS):

Name:

Date:

Standard Forms

RTA Environmental Impact Assessment Guidelines, Version 4 F-3

Typical form to accompany a Part 4 EIS This Environmental Impact Statement has been prepared by: John Expert (B. Eng, MTCP) Chief Environmental Planner, Ubeaut Environments Pty Ltd (Company Address) This Environmental Impact Statement accompanies a development application submitted by: Sara Project Manager (RTA Office Address) The development application is for the following land: (details of land affected) The development application is in respect of the following proposal: Deviation of Stephens Highway at Snooktown. Declaration I declare that I have prepared the contents of this Environmental Impact Statement and to the best of my knowledge:

It has been prepared in accordance with clauses 72 and 73 of the Environmental Planning and Assessment Regulation 2000; and

It contains all available information that is relevant to the environmental assessment of the development to which it relates; and

The information which it contains is neither false or misleading.

Signed (by preparer of EIS): Name: Date:

Standard Forms

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Certification of Species Impact Statement

This is to certify that this Species Impact Statement has been prepared in accordance with the requirements of Sections 109, 110 and 111 of the Threatened Species Conservation Act 1995, the requirements notified by the Director-General of NSW National Parks and Wildlife Service (DEC) , and with regard to those matters identified by Section 5A of the Environmental Planning and Assessment Act 1979.

The mitigation measures included in this report have been developed in consultation with the RTA and the National Parks and Wildlife Service.

The curriculum vitae of the following team members are included in Appendix x of this Species Impact Statement:[add as appropriate]

Signed by the principal author :

Signature:

Jane Specialist (B.App.Sc Hons) Ecologist, Specialist Consulting Pty Ltd

Date:

Signed on behalf of the RTA as proponent for the activity

Signature

John Pothole

RTA Project Development Manager

Representations report – typical contents

RTA Environmental Impact Assessment Guidelines, Version 4 G-1

G. Representations report

This Appendix applies to Chapters 6.5 and 13

Typical Contents 1. Introduction

1.1 Introduction

1.2 The EIS proposal and the preferred activity - modifications to the proposal

1.3 Purpose of a Representations Report

1.4 The environmental impact assessment process

1.5 The consultation program

2. Consideration of the EIS

2.1 Compliance checklist

2.2 Statutory compliance

2.3 Development of the proposal in the EIS

2.4 General description of the proposed works in the EIS

2.5 Consideration of the assessment

3. Consideration of the SIS

3.1 Compliance checklist

3.2 Statutory compliance

3.3 Consideration of the assessment

4. Consideration of Representations

5. Correspondence


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5.1 Correspondence from government agencies

5.2 Correspondence to government agencies from the RTA

6. Additional Investigations since the EIS Exhibition

7. Summary of Modifications

7.1 Summary of modifications to the proposed activity

8. Preferred Activity Report (where relevant)

8.1 Introduction to the Preferred Activity

8.2 Description of the Preferred Activity

8.3 Environmental assessment of modifications – description and assessment

8.4 Environmental assessment of modifications – summary

8.5 Assessment in accordance with State and Commonwealth environmental factors

8.6 Justification of the Preferred Activity

8.7 Measures, controls and commitments for the Preferred Activity

9. Conclusion

9.1 Conclusion

References

Figures and Tables

Appendices (to include as a minimum: summary of representations; copies of additional correspondence from government agencies; additional studies)


RTA Environmental Impact Assessment Guidelines, Version 4 G-3

Notes to assist in preparation Regional environmental staff or Environment Branch can provide assistance in

preparing, vetting and submitting the Representations Report. If necessary, the draft report can be reviewed by legal practitioners. You can obtain advice from Regional environmental staff in the first instance.

The Consideration of the EIS should avoid unnecessary summaries of issues examined in the EIS. It should refer to the main areas of impact that the EIS covered and then document any changes, clarifications or corrections that need to be made. For example, it might refer to revised impacts ascertained from a consideration of more up to date vegetation mapping; or it might note areas where the EIS flagged the need for additional investigation and then refer to the consideration of that investigation in other parts of the Representations Report. At all times, care should be taken to avoid any unnecessary implication of inadequacy in the EIS.

The Development of the Proposal in the EIS is intended as a summary of how the EIS documented matters such as the initial concept, option selection (and avoidance of potential impacts), iterative consideration of environmental safeguards in the concept design development, and development of other safeguards and mitigating measures.

It is preferable to group representations under common issues to avoid repetition and shorten the document.

At all times, the Representations Report should state measures, controls and commitments as specifically as possible, to assist in their translation into tender documents. As much as possible, they should be expressed in the same language as RTA Model Specifications, including Specification G35 or G36. Reference should be made to the development of the measures, controls and commitments in subsequent EMPs and contract requirements.

The measures, controls and commitments should include any Conditions of Approval from the DIPNR database which the RTA agrees can be applied to the proposed activity. These should be identified as a separate set of commitments, placed immediately before the standard table of environmental measures, controls and commitments. The new list or table should include a note that, if the proposal proceeds, and in addition to any other measures, controls and commitments applying to the proposal, the RTA would adopt without any alteration the following commitments as expressed in the DIPNR Conditions of Approval database. This will help to reduce the number of later Conditions of Approval and will also help to ensure smooth transition to later contract documentation.

You should provide a positive answer when addressing issues raised in representations. For example, if the issue is the maintenance of access to a severed portion of a property, it is insufficient to note that this will be resolved during property negotiations. The situation should be examined sufficiently to enable a response along the lines that: “Access will be maintained, if desired by the owner and if practicable. If it is not desired by the owner or if it is not practicable to provide, the RTA will negotiate with the owner for the acquisition of the land.”

If you need additional information to provide an adequate response to representations, you should undertake further studies. In some cases, this can best be achieved by peer review studies of the specialist reports prepared for the EIS.


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Generally, input from other government agencies would be considered as a representation. The main exception is the DIPNR. It would usually not wish to make a representation, as it has a subsequent assessment role. As a result, the section on correspondence would usually be restricted to correspondence between the RTA and the DIPNR. There may be exceptions, for example if the natural resources arm of the DIPNR sends a separate representation; or conversely, if there is correspondence from the DEC in relation to an SIS, where the DEC will have a subsequent concurrence role. If in any doubt, you should contact the Manager, Environmental Planning and Assessment in Environment Branch.

The Preferred Activity Report is to be prepared in a format that allows its easy extraction form the Representations Report for separate public exhibition.

Amendments after determination – assessment and decision

RTA Environmental Impact Assessment Guidelines, Version 4 H-1

H. Amendments after determination - assessment and decision

This Appendix applies to Chapters 7.2 and 16

Example 1 - No additional environmental impacts

Proposed changes to project name Environmental Impact Assessment

I have examined and considered:

the proposed changes to the activity

the likely environmental impacts of the activity inclusive of the proposed changes

the additional safeguard measures proposed.

In doing so, I have examined and taken into account, to the fullest extent possible, all matters affecting or likely to affect the environment by reason of the amended activity. This has included an examination of matters of national environmental significance and Commonwealth land. I am satisfied that there are unlikely to be any environmental impacts resulting from the amended activity additional to those identified in the previous Review of Environmental Factors. Accordingly, no further assessment of environmental impacts is required.

Recommendation It is recommended that the amended activity proceed without any further assessment of environmental impacts. (from) Environmental Assessor (See Procedure EIA 01) (to) Decision Maker (See Procedure EIA 01)


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Example 2 - No significant impact on the environment

Proposed changes to project name Environmental Impact Assessment

I have examined and considered: the proposed changes to the activity



In doing so, I have examined and taken into account, to the fullest extent possible, all matters affecting or likely to affect the environment by reason of the amended activity. This has included an examination of matters of national environmental significance and Commonwealth land. I have assessed the likely significance of the environmental impacts of the activity in accordance with the Department of Infrastructure, Planning and Natural Resources’ best practice guidelines Is an EIS Required? and the Commonwealth Department of Environment and Heritage’s Administrative Guidelines. I have assessed the likely impacts of the activity on declared critical habitat and on threatened species, populations or ecological communities, or their habitats. Having regard to safeguard measures proposed, I consider that the proposed changes to the activity are not likely to significantly affect the environment and that therefore no environmental impact statement is required. The proposed changes to the activity will not affect declared critical habitat. The proposed changes to the activity will not affect any threatened species, populations or ecological communities, or their habitats. (Or: The proposed changes to the activity will not significantly affect threatened species, populations or ecological communities, or their habitats). Therefore no Species Impact Statement is required. [The matter has been referred to the Commonwealth Environment Minister. The Minister has advised that the activity will not result in a significant impact on matters of national environmental significance or Commonwealth land.]

Recommendation It is recommended that the [project name] proceed in accordance with the changes proposed [(the following as needed) subject to the following additional conditions to approval: (add additional conditions as necessary)]. (from) Environmental Assessor (See Procedure EIA 01) (to) Decision Maker (See Procedure EIA 01)


RTA Environmental Impact Assessment Guidelines, Version 4 H-3

Example 3 - Significant impact on the environment

Proposed changes to project name Environmental impact assessment

I have examined and considered: the proposed changes to the activity



In doing so, I have examined and taken into account, to the fullest extent possible, all matters affecting or likely to affect the environment by reason of the amended activity. This has included an examination of matters of national environmental significance and Commonwealth land. I have assessed the likely significance of the environmental impacts of the activity in accordance with the Department of Infrastructure, Planning and Natural Resources’ best practice guidelines Is an EIS Required? and the Commonwealth Department of Environment and Heritage’s Administrative Guidelines. I have assessed the likely impacts of the activity on declared critical habitat and on threatened species, populations or ecological communities, or their habitats. I consider that the environmental impacts of the amended activity are likely to be significant, particularly in the following areas:

(please specify)-----------------------------------------------------------------------------------

[The matter has been referred to the Commonwealth Environment Minister. The Minister has issued a Notice of Controlled Action and advised that the activity should be assessed in an EIS (REF)].

Recommendation It is recommended that (a Species Impact Statement or statements and) an environmental impact statement be prepared for the [project name]. (from) Environmental Assessor (See Procedure EIA 01) (to) Decision Maker (See Procedure EIA 01)

Designated development

RTA Environmental Impact Assessment Guidelines, Version 4 I-1


This Appendix applies to Chapters 5.1.4, 8 and 14

Notes setting out the implications for the RTA of Schedule 3 of the EP&A Regulation, 2000

Extracts from Schedule 3 of the EP&A Regulation, 2000 that provide details of those RTA activities which may require development consent and an EIS under Part 4 of the EP&A Act.


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Environmental Planning and Assessment Regulation, Schedule 3 - designated development

Schedule 3 of the Environmental Planning and Assessment Regulation, 2000, is a description of designated developments, that is, developments that automatically require an environmental impact statement to be prepared and to be submitted to Council together with a development application in accordance with the provisions of Part 4 of the Environmental Planning and Assessment Act.

Schedule 3 has the following implications for the RTA.

General Schedule 3 relates only to activities for which development consent is required. Therefore, any activities by the RTA which do not require consent do not fall within the designated development provisions of Part 4 of the EP&A Act.

Extractive Industries In most cases, RTA quarries and gravel pits will come under Part 4 of the EP&A Act. However, a gravel pit or quarry which is established specifically for the purposes of a single road proposal and which is located in or near the road corridor may be able to be included in the environmental impact assessment for the proposal under Part 5 of the EP&A Act. For this to apply, you will need to establish the position very clearly and include all environmental impacts of the quarry or pit in the Part 5 assessment. Regional environmental staff should be consulted.

Under Schedule 3, the concept of a minimum size of development, below which an EIS is not required, applies. However, the description of extractive industries in Schedule 3 should be taken to include overburden in the calculation of the 30,000m3 threshold. There are also other locational criteria to be considered.

Even if an EIS is not required, Councils will probably require a statement of environment effects to accompany a development application.

Best practice notes for environmental impact assessment of extractive industries are available from the Department of Infrastructure, Planning and Natural Resources. Environment Branch can provide a copy if required.

Concrete works In most cases, concrete works such as batch plants associated with RTA projects will not be designated development. They will usually be located on or adjacent to a site for less than 12 months. Even in cases where they are required on site for more than 12 months, if they are located within the road boundaries they will not require Council consent and therefore will not come within the provisions of Part 4. The only case where batch plants will be affected is when they are located outside the road boundaries on land whose zoning requires Council consent and where they are in operation at that location for more than 12 months and where their production is above the minimum levels set out in Schedule 3.



In all but these isolated cases, the environmental impact of the batch plant will need to be assessed under Part 5. This should be done as part of the environmental impact assessment of the related road or bridge proposal.

Bitumen Pre Mix and Hot Mix Premises Similar comments apply to those above for concrete batch plants. That is, a Part 4 EIS will be required only if the premises are established outside the road boundaries on land whose zoning requires development consent and if the works are established for longer than 12 months and if their output is greater than the minimum set out in Schedule 3.

In all but these isolated cases, the environmental impact of the premises will need to be assessed under Part 5. As with concrete batch plants, this should be done as part of the environmental impact assessment of the related road or bridge proposal.

Crushing, Grinding or Separating Works The majority of RTA works of this nature are likely to be incorporated in extractive industries and the requirements relating to those works will apply. While some works such as pavement profiling or cold recycling have an intended processing capacity in excess of the defined minimum, these are normal pavement maintenance / rehabilitation works which do not require Council consent. Accordingly, the provisions of Part 4 do not apply. Environmental impact assessment is subject to the provisions of Part 5.

Schedule 3 of the EP&A Regulation, 2000 - extracts Bitumen pre-mix and hot-mix industries (1) Bitumen premix or hot-mix industries (being industries in which crushed or ground rock is

mixed with bituminous materials):

(a) that have an intended production capacity of more than 150 tonnes per day or 30,000 tonnes per year, or

(b) that are located:

(i) within 100 metres of a natural waterbody or wetland, or

(ii) within 250 metres of a residential zone or dwelling not associated with the development.

(2) This clause does not apply to bitumen plants located on or adjacent to a construction site and exclusively providing material to the development being carried out on that site:

(a) for a period of less than 12 months, or

(b) for which the environmental impacts were previously assessed in an environmental impact statement prepared for the development.

Concrete works (1) Concrete works that produce pre-mixed concrete or concrete products and:


I-4 RTA Environmental Impact Assessment Guidelines, Version 4

(a) that have an intended production capacity of more than 150 tonnes per day or 30,000 tonnes per year of concrete or concrete products, or




(2) This clause does not apply to concrete works located on or adjacent to a construction site exclusively providing material to the development carried out on that site:

(a) for a period of less than 12 months, or

(b) for which the environment impacts were previously assessed in an environmental impact statement prepared for that development.

Crushing, grinding or separating works (1) Crushing, grinding or separating works, being works that process materials (such as sand,

gravel, rock or minerals) or materials for recycling or reuse (such as slag, road base, concrete, bricks, tiles, bituminous material, metal or timber) by crushing, grinding or separating into different sizes:

(a) that have an intended processing capacity of more than 150 tonnes per day or 30,000 tonnes per year, or




(2) This clause does not apply to development specifically referred to elsewhere in this Schedule. Extractive industries (1) Extractive industries (being industries that obtain extractive materials by methods including

excavating, dredging, tunnelling or quarrying or that store, stockpile or process extractive materials by methods including washing, crushing, sawing or separating):

(a) that obtain or process for sale, or reuse, more than 30,000 cubic metres of extractive material per year, or

(b) that disturb or will disturb a total surface area of more than 2 hectares of land by:

(i) clearing or excavating, or

(ii) constructing dams, ponds, drains, roads or conveyors, or

(iii) storing or depositing overburden, extractive material or tailings, or

(c) that are located:

(i) in or within 40 metres of a natural waterbody, wetland or an environmentally sensitive area, or

(ii) within 200 metres of a coastline, or

(iii) in an area of contaminated soil or acid sulphate soil, or

(iv) on land that slopes at more than 18 degrees to the horizontal, or



(v) if involving blasting, within 1,000 metres of a residential zone or within 500 metres of a dwelling not associated with the development, or

(vi) within 500 metres of the site of another extractive industry that has operated during the last 5 years.

(2) This clause does not apply to:

(a) extractive industries on land to which the following environmental planning instruments apply:

(i) Sydney Regional Environmental Plan No 11-Penrith Lakes Scheme,

(ii) Western Division Regional Environmental Plan No 1 - Extractive Industries, or

(b) maintenance dredging involving the removal of less than 1,000 cubic metres of alluvial material from oyster leases, sediment ponds or dams, artificial wetland or deltas formed at stormwater outlets, drains or the junction of creeks with rivers, provided that:

(i) the extracted material does not include contaminated soil or acid sulphate soil, and

(ii) any dredging operations do not remove any seagrass or native vegetation, and

(iii) there has been no other dredging within 500 metres during the past 5 years, or

(c) extractive industries undertaken in accordance with a plan of management (such as river, estuary, land or water management plans), provided that:

(i) the plan is prepared in accordance with guidelines approved by the Director-General and includes consideration of cumulative impacts, bank and channel stability, flooding, ecology and hydrology of the area to which the plan applies, approved by a public authority and adopted by the consent authority and reviewed every 5 years, and

(ii) less than 1,000 cubic metres of extractive material is removed from any potential extraction site that is specifically described in the plan, or

(d) the excavation of contaminated soil for treatment at another site, or

(e) artificial waterbodies, contaminated soil treatment works, turf farms, or waste management facilities or works, specifically referred to elsewhere in this Schedule, or

(f) development for which State Environmental Planning Policy No 52-Farm Dams and Other Works in Land and Water Management Plan Areas requires consent.

Threatened Species Conservation Act 1995, Fisheries Management Act 1994

RTA Environmental Impact Assessment Guidelines, Version 4 J-1


This Appendix applies to Chapters 6.5, 8.2, 12, 13, 14 and 15

J.1 Introduction The Threatened Species Conservation Act (TSC Act), 1995 amends the Environmental Planning and Assessment Act (EP&A Act) and the National Parks and Wildlife Act (NP&W Act). The TSC Act applies to both flora and fauna, with the exception of fish and marine vegetation.

The Fisheries Management Amendment Act, 1997, amends the Fisheries Management Act, 1994. The FM Act applies to fish and marine vegetation.

J.2 Implications for RTA environmental impact assessments - Part 5 of EP&A Act

One intent of both the TSC Act and the FM Act is to simplify the consideration of impacts on threatened flora and fauna by bringing that consideration under the requirements of the EP&A Act.

In relation to Part 5 assessments, Section 111 of the EP&A Act requires a determining authority to consider in addition to other environmental effects of an activity, its effect on:

critical habitat

threatened species, populations or ecological communities, and their habitats

any other protected fauna or protected native plants.

Figure 8 shows how this requirement is applied:


J-2 RTA Environmental Impact Assessment Guidelines, Version 4

Critical Habitat?

Figure 8Threatened Species Conservation Act/Fisheries Management Act:

Part 5 Assessment under Environmental Planning and Assessment Act

Threatened Species?

Significant Impact?

No Further Action

Chief Executive's Decision

Concurrenc of Director General DEC and/or

DPI

Species Impact Statement

YES NO

YES NO

YES NO



J.2.1 Critical habitat If the proposal affects declared critical habitat, you must prepare a Species Impact Statement (SIS).

Critical habitat is declared as such by the Minister for the Environment. The Director-General of the NPWS (DEC) is responsible for identifying habitat that is critical to the survival of endangered species, populations and ecological communities and for recommending to the Minister its declaration as critical habitat. The Director-General must consult the Scientific Committee established under the TSC Act before preparing a recommendation. Similar provisions and requirements apply to the Director-General of the DPI in relation to fish and marine vegetation.

Declared critical habitat is published in the Government Gazette and kept in a register by the NPWS (DEC) or NSW Fisheries (DPI). You should consult this register to ascertain if the proposal affects critical habitat.

Critical habitat must be identified in major local environmental plans and regional environmental plans as soon as practicable after its declaration.

J.2.2. Significant Impact on Threatened Species If the proposal does not affect declared critical habitat, you must still establish if it is likely to have a significant effect on threatened species, populations or ecological communities, or their habitats. If it is, you must prepare a SIS.

If it is not, you can proceed with the proposal, subject to other environmental impact assessment requirements.

The first question is whether any threatened species are present. If they are not, there is no need to undertake any further action in relation to threatened species. However, the situation needs to be confirmed by establishing that:

The relevant checks on the presence of threatened species have been made and there is confidence that none occur within the project area. This should include evidence of the methods used to confirm their absence (for example, literature search, liaison with NPWS / Fisheries)

Consideration has been given to the need for a test of significance of impact under Section 5A of the EP&A Act (the ‘eight part test’); and a conscious decision has been made that it is not required because of the absence of threatened species in the vicinity of the proposal or (in the case of aquatic species) in the likely impact area downstream

Flora and fauna impacts have been considered in planning for the proposal and have been addressed in the REF / EIS.

If you establish that threatened species occur or are likely to occur in the vicinity of the proposal, the ‘eight part test’ is a standard test for establishing the likely significance of impacts on threatened species. This is included in Section 5A of the EP&A Act.



Generally a separate eight part test should be applied to each identified species or community. It may be possible to treat more than one species or community in a single test but this should be treated with some care. It could be considered only if the circumstances relative to those species or communities are such that the same conditions apply – for example, if two different species use exactly the same habitat and all possible impacts on them are likely to be the same. In any given situation, the person undertaking the eight part test would need to substantiate the reasons why a single test can apply to more than one species or community.

Threatened species, populations or ecological communities, or their habitats are listed in Schedules 1 and 2 to the TSC Act and Schedules 4-6A of the FM Act. These Schedules are subject to regular updating by way of listings in the Government gazette. Current Schedules are available at www.nationalparks.nsw.gov.au – the NPWS home page.

Expert advice is likely to be needed in most cases to establish whether threatened species, populations or ecological communities, or their habitats are likely to be present.

If it is established that threatened species, populations or ecological communities, or their habitats are likely to be present, you must determine whether the proposal is likely to have a significant effect on them.

Section 5A of the EP&A Act lists the following factors that must be taken into account in deciding whether there is likely to be a significant effect. These are:

in the case of a threatened species, whether the life cycle of the species is likely to be disrupted such that a viable local population of the species is likely to be placed at risk of extinction.

in the case of an endangered population, whether the life cycle of the species that constitutes the endangered population is likely to be disrupted such that the viability of the population is likely to be significantly compromised.

in relation to the regional distribution of the habitat of a threatened species, population or ecological community, whether a significant area of known habitat is to be modified or removed.

whether an area of known habitat is likely to become isolated from currently interconnecting or proximate areas of habitat for a threatened species, population or ecological community.

whether critical habitat will be affected.

whether a threatened species, population or ecological community, or their habitats, are adequately represented in conservation reserves (or other similar protected areas) in the regional environment of the species.

whether the development or activity proposed is of a class of development or activity that is recognised as a threatening process.

whether any threatened species, population or ecological community is at the limit of its known distribution.

Note: The assessment under Part 5 of the EP&A Act must refer to the final proposed activity as submitted for approval. If changes have been made to the proposed activity since the Part 5A assessment was undertaken, that assessment must be re-examined and amended as necessary to take into account the changes.

http://www.nationalparks.nsw.gov.au/



J.2.3. Species Impact Statement—Form and Content The person preparing the SIS for species under the TSC Act must write to the Director-General of the DEC to obtain the Director-General’s requirements. For species under the FM Act, that person must write to the Director-General of the DPI. In providing requirements, the Director-General can:

include matters to be considered in addition to the statutory requirements for an SIS

prescribe the manner in which the SIS is to be prepared

limit or modify the statutory requirements for an SIS.

These requirements are to be issued within 28 days of the request.

An SIS must be in writing, and must be signed by:

the principal author, and

the proponent of the activity. In practice, this would be the Regional Manager or sub-delegate (normally the Project Manager or Regional Environmental Adviser).

A typical certification is:

Project name

Species Impact Statement

This is a Species Impact Statement for (name) Project.

The principal author of this Species Impact Statement is Jane Consultant, Principal Ecologist, XYZ Consulting.

This Species Impact Statement has been prepared for the purposes of the Environmental Planning and Assessment Act 1979. Under that Act, the NSW Roads and Traffic Authority is the proponent of the proposed activity (being the construction and operation of the (name) Project.

(signed)

Jane Consultant XYZ Consulting Date

(signed)

RTA Project Manager NSW Roads and Traffic Authority Date

An SIS must include a full description of the action proposed, including its nature, extent, location, timing and layout and, to the fullest extent reasonably practicable, the information referred to below.



An SIS must include the following information as to threatened species and populations:

a general description of the threatened species or populations known or likely to be present in the area that is the subject of the action and in any area that is likely to be affected by the action;

an assessment of which threatened species or populations known or likely to be present in the area are likely to be affected by the action;

for each species or population likely to be affected, details of its local, regional and State-wide conservation status, the key threatening processes generally affecting it, its habitat requirements and any recovery plan or threat abatement plan applying to it;

an estimate of the local and regional abundance of those species or populations;

a general description of the threatened species or population known or likely to be present in the area that is the subject to the action and in any area that is likely to be affected by the action;

a full description of the type, location , size and condition of the habitat (including critical habitat) of those species and populations and details of the distribution and condition of similar habitats in the region;

a full assessment of the likely effect of the action on those species and populations, including, if possible, the quantitative effect of local populations in the cumulative effect in the region;

a description of any feasible alternatives to the action that are likely to be of lesser effect and the reasons justifying the carrying out of the action in the manner proposed having regard to the biophysical, economic and social considerations and the principles of ecologically sustainable development;

a full description and justification of the measures proposed to mitigate any adverse effect of the action on the species and populations, including a compilation (in a single section of the statement) of those measures;

a list of any approvals that must be obtained under any other Act or law before the action may be lawfully carried out, including details of the conditions of any existing approvals that are relevant to the species or population.



An SIS must include the following information as to ecological communities:

a general description of the ecological community present in the area that is the subject of the action and in any area that is likely to be affected by the action;

for each ecological community present, details of its local, regional and State-wide conservation status, the key threatening processes generally affecting it, its habitat requirements and any recovery plan or any threat abatement plan applying to it;

a full description of the type, location , size and condition of the habitat of the ecological community and details of the distribution and condition of similar habitats in the region;

a full assessment of the likely effect of the action on the ecological community, including, if possible, the quantitative effect of local populations in the cumulative effect in the region;

a description of any feasible alternatives to the action that are likely to be of lesser effect and the reasons justifying the carrying out of the action in the manner proposed, having regard to the biophysical, economic and social considerations and the principles of ecologically sustainable development;

a full description and justification of the measures proposed to mitigate any adverse effect of the action on the ecological community, including a compilation (in a single section of the statement) of those measures;

a list of any approvals that must be obtained under any other Act or law before the action may be lawfully carried out, including details of the conditions of any existing approvals that are relevant to the ecological community.

An SIS must include details of the qualifications and experience in threatened species conservation of the person preparing the statement and of any other person who has conducted research or investigations relied on in preparing the statement.

(The requirements in relation to information concerning the State-wide conservation status of any species or populations, or any ecological community, are taken to be satisfied by the information in that regard supplied to the principal author of the SIS by the National Parks and Wildlife Service (DEC) or NSW Fisheries (DPI) ).

J.2.4 Recovery Plans and Threat Abatement Plans Recovery Plans or Threat Abatement Plans can be made under the TSC Act and the FM Act. If a Recovery Plan or a Threat Abatement Plan applies to the land referred to in a SIS, you must have regard to that Plan.

In practice, the existence of a Recovery Plan or Threat Abatement Plan will normally be identified in the requirements of the Director-General of the NPWS (DEC) and/or the Director-General of the DPI for the SIS. It can then be considered in the SIS.

However, even if you do not need to prepare an SIS, you are required (eg in the REF) to take into account the terms of any Recovery Plans or Threat Abatement Plans that apply to the land in question.



The object of a Recovery Plan is to promote the recovery of the threatened species, population or ecological community to which it relates to a position of viability in nature. If critical habitat has been declared for the species, population or ecological community, the recovery plan must include reference to that fact.

Recovery Plans are prepared by the NPWS (DEC) or NSW Fisheries (DPI) as appropriate. They can contain provisions which make the RTA responsible for the implementation of measures included in the plan. Those provisions can only be included with the approval of the Minister for Roads.

Threat Abatement Plans are intended to manage “key threatening processes” with a view to their abatement, amelioration or elimination. A threatening process is defined in the TSC Act as:

“a process that threatens, or may have the capability to threaten, the survival or evolutionary development of species, populations or ecological communities.”

Provision is made in the TSC Act and the FM Act for the listing of key threatening processes.

Threat Abatement Plans are prepared by the NPWS (DEC) or the NSW Fisheries (DPI) as appropriate. They must be prepared for each identified key threatening process. They can contain provisions which make the RTA responsible for the implementation of measures included in the plan. Those provisions can only be included with the approval of the Minister for Roads.

Other provisions affecting the RTA apply to both Recovery Plans and Threat Abatement Plans but these do not affect the RTA’s environmental impact assessment procedures.

J.2.5. Relationship between SIS, REF and EIS Separate SISs are required for species listed in the TSC Act and those listed in the FM Act. That is, there could be two SISs prepared for a single proposed activity.

An EIS is not required if the only significant environmental impact of a proposed activity is its impact on critical habitat; or on threatened species, populations or ecological communities or their habitats. That is, it is possible to have a SIS accompany a REF. However, in this circumstance, it will still be necessary to seek the approval of the Minister for Infrastructure and Planning for the carrying out of the proposed activity. For further advice, consult Regional environmental staff.

When a SIS accompanies an EIS, it is exhibited with the EIS and public representations may be made on the matters covered by the SIS. The SIS may be included in the EIS document.

Assessment of the EIS and public representations by the RTA includes assessment of the SIS and public representations on the matters covered by the SIS. However, assessment of the SIS must be prepared by an accredited person (see Chapter J.2.6). Once it is completed, the assessment report on the SIS can be incorporated as a chapter of the Representations Report on the EIS.



J.2.6. Concurrence of Director-General of NPWS (DEC) and/or Director-General of the DPI The RTA needs the concurrence of the Director-General of the NPWS (DEC) and/or the Director-General of the DPI as appropriate before it proposes to carry out or grant an approval in relation to a proposed activity on land that is, or is part of, critical habitat or is likely to significantly affect threatened species, populations or ecological communities, or their habitats. (The concurrence of the Director-General relates to the proposed activity itself and not just to the SIS.)

Concurrence of the Director-General of NPWS (DEC) and/or the Director-General of the DPI is sought after the consideration by the Chief Executive of the Representations Report and must be obtained before seeking the approval of the Minister for Infrastructure and Planning to the carrying out of the activity.

If the Chief Executive decides not to seek approval of the Minister for Infrastructure and Planning there is no need to seek concurrence.

When considering whether to give concurrence to the carrying out of the proposal, the Director-General of NPWS (DEC) and/or the Director-General of the DPI are required to take into account:

the SIS

the RTA’s Assessment Report on the SIS

any submissions received on the SIS

any relevant recovery plan or threat abatement plan

whether the activity is likely to reduce the long-term viability of the species, population or ecological community in the region

whether the activity is likely to accelerate the extinction of the species, population or ecological community or place it at risk of extinction

the principles of ecologically sustainable development

the likely social and economic consequences of granting or not granting concurrence.

The Director-General may concur, either with or without conditions, or refuse concurrence. The Director-General is required to respond to the request for concurrence within 40 days.

If concurrence is not gained, the proposal cannot proceed. Approval of the Minister for Infrastructure and Planning will be sought only after receipt of concurrence.

In practice, these requirements mean that the RTA needs to make available to the NPWS (DEC) and/or NSW Fisheries (DPI), as appropriate, the SIS, copies of the public representations on the matters covered in the SIS, and the RTA’s assessment report on the SIS. You should maintain close liaison with the NPWS and NSW Fisheries during this process.



The SIS(s) will be made available at the time of exhibition, when a copy is sent to the NPWS (DEC) and/or NSW Fisheries (DPI), as appropriate, by the Project Manager.

Copies of representations and the RTA’s assessment cannot be provided until after the close of exhibition.

-Director-General of the DPIThe additional time required to accomplish these tasks, in conjunction with the 40 day response time from the Director-General of NPWS (DEC) or Director-General of the DPI needs to be incorporated into the overall time provision for environmental impact assessment.

J.3 Relationship of TSC Act and FM Act to environmental impact statements under Part 4 of the EP&A Act

If you are preparing an EIS under Part 4 of the EP&A Act, you must go through the same process outlined in Chapter J.2.2 - J.2.5 above in relation to Part 5. The only difference is that all documentation, including an SIS (or SISs) if applicable, is submitted to Council with the development application. It is then Council’s responsibility to seek the concurrence of the Director-General of the DEC and/or the Director-General of the DPI as part of its consideration of the development application. Council prepares an assessment report and provides copies of public representations to the Director-General of the DEC and/or the Director-General of the DPI as appropriate.

If the Director-General of the DEC or the Director-General of the DPI does not concur, the proposal cannot proceed.

There is provision in Section 77B of the EP&A Act for the Minister for Infrastructure and Planning to determine a development application without seeking the concurrence of the Director-General of NPWS (DEC) or the Director-General of the DPI, where it is expedient in the public interest to do so. It is likely that this power would be used in exceptional circumstances only.

J.4 Licensing The procedures outlined in Chapter J.1 - J.3 have the result that licences under the TSC Act, FM Act and NP&W Act generally are not required for RTA activities.

If you are taking action in accordance with a development consent obtained under Part 4 of the EP&A Act or with a determination under Part 5 of the EP&A Act, you do not require a licence under the TSC Act, FM Act or NP&W Act.

J.5 Other Responsibilities of the RTA under the TSC Act and FM Act

If the RTA is identified in a Recovery Plan or a Threat Abatement Plan as responsible for the implementation of certain measures, then it has an obligation to report to Parliament (in its Annual Report) on the actions taken by it.



In examining the likely effect of a proposed activity on the environment, the RTA must consider any joint management agreement entered into under the TSC Act.

J.6 Stop Work Orders Section 114 of the TSC Act enables the Director-General of the NPWS to issue a stop work order in relation to any action that is considered likely to result in:

harm to a threatened species, population or ecological community

damage to critical habitat, and/or

damage to habitats of threatened species, populations or ecological communities.

Section 221O of the FM Act has the same provisions relating to the Director-General of the DPI.

The order takes effect immediately and applies for 40 days. It may be extended beyond 40 days. The Director-General of NPWS or the Director-General of the DPI is not required to consult anyone before issuing an order, but must immediately consult the person against whom the order is served to negotiate a solution.

A stop work order cannot be imposed on an RTA activity if it is being carried out in accordance with a determination legitimately made under Part 5 of the EP&A Act - ie if the REF or EIS has been properly prepared and assessed (including consideration of the impact on threatened species). Similarly, it cannot be imposed on development legitimately approved under Part 4 of the EP&A Act.

There is provision for appeal against the making of a stop work order.

Interim Protection Orders can also be issued by the Director-General of the NPWS and the Director-General of the DPI if, after consulting with the person proposing the action, the Director-General is of the opinion that satisfactory arrangements cannot be made to protect the threatened species. As with stop work orders, however, an interim protection order cannot be issued if the activity is being carried out in accordance with a determination under Part 5 or a development consent under Part 4 of the EP&A Act.

J.7 Court Action Any person can bring proceedings in the Land and Environment Court to remedy or restrain any breach of the TSC Act or the FM Act.

J.8 Transitional Provisions The TSC Act and the FM Act contain a number of transitional provisions applying to proposals which had commenced environmental impact assessment as at the date of operation of the TSC Act (1 January 1996) or of the amendments to the FM Act (1 July 1988), but had not been determined. If you have a proposal in this category, you should seek advice from Regional Environmental staff or Environment Branch.



Guidelines for advertising, exhibiting and distributing Part 5 assessments

RTA Environmental Impact Assessment Guidelines, Version 4 K-1


This appendix applies to Chapters 6.4, 6.5, 13 and 15

K.1 Advertising and exhibiting REFs REFs are internal RTA documents. There are no statutory requirements for their exhibition and advertising. If they are exhibited, advertisements should be placed in appropriate, particularly local, newspapers. The advertisement should specify at least:

the proposed activity

the locations at which the REF and any associated display material will be exhibited

dates and times of exhibition

an address for representations

a contact person with telephone number.

REFs which are exhibited publicly must always be made available in paper format. They may be made available also in compact disc format or on the Internet.

Because the size and format of REFs can vary considerably, as can the extent and purpose of public exhibition, the decision on whether to provide electronic copies rests with the Project Manager.

To ensure compliance with the Privacy and Personal Information Protection Act 1998, the following words must be included in any advertisement for exhibition of a REF if public representations are being sought:

‘All information in representations received may be published in subsequent assessment documents. Where the supplier indicates at the time of supply of information that it should be kept confidential, the RTA will attempt to keep it confidential but there may be legislative or legal justification for the release of the information, for example under the Freedom of Information Act 1989 or under subpoena or statutory instrument.’


K-2 RTA Environmental Impact Assessment Guidelines, Version 4

This needs to be reinforced and expanded in the REF itself by including the following information, if the REF includes a section that advises the reader about how to make a representation:

‘All information included in written representations is collected for the sole purpose of assisting in the assessment of this proposal.

‘The information may be used during the environmental impact assessment process by relevant staff and contractors, including the RTA’s Project Manager, RTA Planning and Environmental staff and/or the RTA’s REF contractor.

‘Where the supplier indicates at the time of supply of information that it should be kept confidential, the RTA will attempt to keep it confidential but there may be legislative or legal justification for the release of the information, for example under the Freedom of Information Act 1989 or under subpoena or statutory instrument.

‘The supply of this information is voluntary.

‘Each respondent has free access at all times to the information provided by that respondent but not to any information provided by other respondents if a respondent has indicated that the representation should be kept confidential. Any respondent may make a correction to the information that they have provided by providing the correction in writing to the same address where original representations were sent.

‘The information is being collected and will be held by the Roads and Traffic Authority (address of office)’.

K.2 Advertising and exhibiting EISs

K.2.1. Statutory requirements A copy of the EIS must be provided to the Director-General of the DIPNR before the EIS is advertised for public exhibition. In practice, 3-4 copies should be provided to the Director-General for use by the DIPNR’s Assessments Branch.

For EISs prepared under Part 5 of the EP&A Act, certain requirements apply for advertising and exhibition (EP&A Act S 113, EP&A Regulation Clauses 234 and 235).

An EIS must be exhibited in at least the following locations:

RTA Head Office

Department of Infrastructure, Planning and Natural Resources Head Office

NSW Environment Centre

NSW Government Information Service

Council.



It would normally be exhibited at:

the appropriate Regional Office

other locations convenient to the interested community such as Motor Registries or Council libraries.

Exhibition is for a period of at least thirty days. This should be extended as necessary to allow for public interest in the proposal and for periods of school holidays. EISs of a major or controversial nature displayed over the Christmas/New Year period should be exhibited for an extended period of up to twelve weeks.

Note that the thirty day period commences from the time that the advertisement first appears in the daily or the local newspaper, whichever is the later.

The advertisement must:

be placed in at least two newspapers:

a NSW daily

a local newspaper

be published at least twice.

have a 2 or 3 column width in the display section of the newspapers.

conform in content with the requirements of Clause 234 of the EP&A Regulation.

An example of an advertisement for a Part 5 EIS is reproduced in Section K9. Advertisements are placed through the Government Advertising Service. You should contact Communications and Corporate Relations to place advertisements.

You should allow adequate time for preparing, checking and placing advertisements. While NSW daily newspapers can often accept an advertisement at a few days notice, local newspapers may require up to one week’s notice.

To ensure compliance with the Privacy and Personal Information Protection Act 1998, the following words must be included in any advertisement for exhibition of an EIS:

‘All information in representations received may be published in subsequent assessment documents. Where the supplier indicates at the time of supply of information that it should be kept confidential, the RTA will attempt to keep it confidential but there may be legislative or legal justification for the release of the information, for example under the Freedom of Information Act 1989 or under subpoena or statutory instrument.’

This needs to be reinforced and expanded in the EIS itself by including the following information, if the EIS includes a section that advises the reader about how to make a representation:

‘All information included in written representations is collected for the sole purpose of assisting in the assessment of this proposal.



‘The information may be used during the environmental impact assessment process by relevant staff and contractors, including the RTA’s Project Manager, RTA Planning and Environmental staff and/or the RTA’s EIS contractor. The information may be disclosed during the environmental impact assessment process to appropriate agencies, including the Department of Infrastructure, Planning and Natural Resources [and the Department of Environment and Conservation] (only if the proposal is a scheduled activity under the Protection of the Environment Operations Act 1997) [and the National Parks and Wildlife Service] (only if a Species Impact Statement for terrestrial species has been prepared) [and NSW Fisheries (DPI)] (only if a species impact statement for aquatic species has been prepared).

‘Where the supplier indicates at the time of supply of information that it should be kept confidential, the RTA will attempt to keep it confidential but there may be legislative or legal justification for the release of the information, for example under the Freedom of Information Act 1989 or under subpoena or statutory instrument.

‘The supply of this information is voluntary.

‘Each respondent has free access at all times to the information provided by that respondent but not to any information provided by other respondents if a respondent has indicated that the representation should be kept confidential. Any respondent may make a correction to the information that they have provided by providing the correction in writing to the same address where original representations were sent.

‘The information is being collected and will be held by the Roads and Traffic Authority (address of office)’.

An EIS and any associated Working Papers must be made available for sale to the public. The total price is not to exceed $25 (inclusive of any mailing costs). There is no statutory requirement about where an EIS is to be sold. RTA EISs are usually sold at Centennial Plaza and at appropriate local offices such as Motor registries. Arrangements can also be made for sale through the Government Information Service at Sydney or Parramatta if this is appropriate to the proposal. EISs being sent to Centennial Plaza for exhibition and sale should be directed to Office Services Branch.

Other documents adopted or referred to by an EIS are considered to form part of the EIS. While they do not need to be exhibited, copies should be retained for public inspection if required.

Copies are normally sold through Office Services Branch and the appropriate Regional Office. Where appropriate, a local Motor Registry or other location might be used.

K.2.2. Format of exhibited EISs All RTA EISs should be provided in both paper and compact disc format and

made available on the Internet. This should be noted in advertisements for public exhibition of the EIS and in supporting publicity material as appropriate.



All copies should be identical – that is, the compact disc and the Internet copy should incorporate the complete EIS, inclusive of all printed and graphic material and working papers. However, while this is the desirable position, it is acknowledged that practical problems may arise in relation to providing the entire EIS on the Internet. You should be guided in this matter by Information Technology staff.

The Internet version is to be available in read only format.

The paper copy of the EIS should be available for no more than $25, as required in the Environmental Planning and Assessment Act.

The compact disc copy should be available for $10. This will cover production and handling costs.

Any separate copy of the EIS is to be charged at its appropriate price. A purchaser requiring both a paper and a compact disc version is to be charged for each copy at its advertised price.

The compact disc should not be provided free of charge except on the same basis as paper copies might be so provided.

Representations by e mail should be sought but in addition to and not instead of standard letters. A dedicated e mail address should be established. This should be noted in advertisements for public exhibition of the EIS and in supporting publicity material as appropriate.

References to e mail representations in the EIS or supporting documentation should encourage respondents to provide their name and a standard postal address, with the usual proviso that such information may be published unless clear indication is given that it should not be.

Paper copies of e mail representations should be made for RTA files and for forwarding to the Department of Infrastructure, Planning and Natural Resources or other agencies.

K.3 Distributing EISs In addition to copies for exhibition and sale, EISs are normally distributed for comment to all Government agencies which are likely to have an interest in the project, and non-Government agencies such as the NRMA and National Trust. For projects involving the EPBC Act, copies should also be sent to the Commonwealth Department of Environment and Heritage and the Department of Transport and Regional Services.



Copies for information are usually distributed to:

Chief Executive

Director, Road Network Infrastructure

Regional Manager

Manager Media Relations

General Manager Environment

RTA Library – 2 copies – (Note – subsequently you should also send a copy of the Representations Report to the RTA Library).

various Government and University libraries.

You should send 1 copy to:

The Librarian Serials Section, Department of Parliamentary Library Parliament House CANBERRA ACT 2601

The Acquisitions Librarian Library of the Parliament of New South Wales Parliament House Macquarie Street SYDNEY NSW 2000

Manager, Collection Development Macquarie Library MACQUARIE UNIVERSITY NSW 2109

Acquisitions Section, The Auchmuty Library University of Newcastle CALLAGHAN NSW 2308

Acquisitions Library University of Wollongong WOLLONGONG NSW 2522

The Serials Librarian Dixson Library University of New England ARMIDALE NSW 2351

You should send 2 copies to:

Senior Selection Librarian (Australian) National Library of Australia CANBERRA ACT 2600

Government Publications Librarian Fisher Library UNIVERSITY OF SYDNEY NSW 2006

The Monographs Librarian University of NSW Library SYDNEY NSW 2052



It is a Government requirement that you send 3 copies to:

Government Publications Librarian State Library of NSW Macquarie Street SYDNEY NSW 2000

If an authorised base map from the Land Information Centre has been used, you should send a copy of the EIS to:

Land Information Centre PO Box 143 BATHURST NSW 2795.

You can obtain advice from Environment Branch on the latest requirements.

K.4 Exhibiting SISs An SIS is exhibited with, or as part of, a REF or an EIS.

K.5 Exhibiting Preferred Activity Reports Requirements relating to the PAR include:

It is to be advertised in the same newspapers in which the EIS was advertised

It is to be publicly exhibited at the same locations in which the EIS was exhibited

It is to be advertised and publicly exhibited as soon as possible after the approval of the Minister for Infrastructure and Planning has been sought

There are no statutory requirements in relation to length of exhibition but a period of one month would normally be expected. The exhibition should not extend beyond the anticipated date of the decision of the Minister for Infrastructure and Planning in relation to project approval.

A model advertisement for a PAR exhibition is provided in K10.

K.6 Public notification of approval and determination After the Minister for Infrastructure and Planning decides whether to approve a proposed activity, the following documents must be made public (Section 115E of EP&A Act):

the decision of the Minister for Infrastructure and Planning

the report to the Minister for Infrastructure and Planning from the Director-General of the DIPNR.

By agreement between the RTA and DIPNR, the RTA does this. The RTA includes the Representations Report and the determination of the Chief Executive in the material made public.



There are no statutory provisions concerning this public notification. As a matter of good practice, the material should be exhibited for one month. The exhibition should be advertised at least once in the same newspapers in which the EIS was advertised. The exhibition should be at the same locations in which the EIS was exhibited.

A model advertisement for this exhibition is provided in K11.

If approval has been required under the EPBC Act, the exhibition should not occur until that approval has been received. The exhibition should include the approval of the Commonwealth Environment Minister.

A copy of:

the Representations Report

the report from the Director-General of the DIPNR to the Minister for Infrastructure and Planning

the approval of the Minister for Infrastructure and Planning

the approval of the Commonwealth Environment Minister (if appropriate)

should also be provided to the RTA Library.

K.7 Public exhibition of Representations Report – additional information

To ensure that there is no confusion over the role of the Representations Report vis-à-vis other documents, a fly sheet should be inserted into the exhibited copies. An example is:

‘This is the RTA's Representations Report into the proposed (project name). It was prepared to assist the Chief Executive of the RTA in deciding whether to seek the approval of the Minister for Infrastructure and Planning to proceed with the proposal.

‘The Representations Report does not constitute an approval to the proposal. It is the RTA's report upon which its decision to seek approval is based. The approval to the proposal and the conditions that attach to that approval were issued by the Minister for Infrastructure and Planning on (date). The Minister's approval and conditions are being exhibited concurrently with this Representations Report. Also being exhibited concurrently is the report on the proposal from the Director-General of the DIPNR to the Minister for Infrastructure and Planning.

‘As a result, anyone reading this Representations Report needs to be aware that it might discuss proposed modifications, mitigation measures and other commitments that have been superseded by the approval of the Minister for Infrastructure and Planning. The proposal will proceed in accordance with the Minister's conditions to approval.’



K.8 Public exhibition of proposed modifications to a project approved by the Minister for Infrastructure and Planning

Advertisement of the public exhibition is required to appear on at least two separate occasions in the display pages of a local newspaper. However, as a matter of good practice, the advertisements for the modification should be placed in the same newspapers as was the original EIS.

These advertisements must contain brief particulars of the proposed modification, the name of the proponent, the exhibition period and a statement that written comments may be made to the proponent.

Exhibition of details of the proposed modification is required for 14 days from the day following the second advertisement mentioned above. While exhibition is required at a limited number of places, as a matter of good practice the exhibition should include all places at which the original EIS was exhibited.

K.9 Exhibition and distribution of Clause 243 reports Clause 243 reports are discussed in Chapter 6.5.3.10. They are required only when the approval of the Minister for Infrastructure and Planning is not required under Division 4 of Part 5 of the EP&A Act.

A Clause 243 Report must be made public as soon as practicable after its completion.

The Clause 243 Report is usually made public by exhibiting it following the Chief Executive’s determination. Exhibition should include the Representations Report and be held at the same locations at which the EIS was exhibited. It should be advertised in the same newspapers. There is no statutory period for exhibition of a Clause 243 Report, but one month is usually considered adequate.

Depending on the number of submissions to the EIS, a copy of the Clause 243 Report and the Representations Report can be sent to each person or organisation who made a submission. Other distribution requirements are similar to those for EISs. You can obtain further details from Regional Environmental staff or Environment Branch. An example of a Clause 243 Report is:

Proforma Clause 243 report

Clause 243 Environmental Planning and Assessment Regulation 1994

Proposal for project name

1 This report is prepared under clause 243 of the Environmental Planning and Assessment Regulation 2000 about the proposal, project description.

2 On dd day of mm yyyy, the Chief Executive of the RTA, on behalf of the RTA, made a determination that the proposal will not proceed.

A copy of the Determination (A) is attached to this report. A copy of the RTA’s Representations Report (B) is also attached to this report.

Signed:



(Regional Manager, Pacific Highway Manager or appropriate Functional Manager - see Procedure EIA 01)



K.10 Example of an advertisement for an EIS

ROADS & TRAFFIC

AUTHORITY ASSESSMENT OF ENVIRONMENTAL IMPACT OF PROPOSED

(PROJECT NAME).

PUBLIC EXHIBITION

The RTA proposes to build (project name / succinct description) Environmental aspects of the proposal have been examined and an Environmental Impact Statement (EIS) has been prepared. The EIS will be on public display from (date) until (date), at the following locations during the hours shown.

Roads and Traffic Authority, Ground Floor, Centennial Plaza, 260 Elizabeth Street, SURRY HILLS. Monday-Friday 8.30 am-5.00 pm.

Nature Conservation Council (NSW Environment Centre), Level 5, 362 Kent Street, SYDNEY. Monday-Friday 9.00 am-5.00 pm.

NSW Government Information Centre, Goodsell Building, Cnr. Phillip & Hunter Streets, SYDNEY. Monday-Friday 8.30 am-5.00 pm (and/or 130 George Street, PARRAMATTA)

DIPNR, Planning Centre, Ground Floor, 23-33 Bridge Street, SYDNEY. Monday-Friday 9.00 am-5.00 pm.

Roads & Traffic Authority Regional Offices, (address and hours) Roads and Traffic Authority Registry Office (address and hours) Local Council, (address and hours) Local Library, (address and hours) Other appropriate local venues (perhaps including appropriate other agencies eg NPWS,

DIPNR) (address and hours)

Internet (main volume only) – www.rta.nsw.gov.au Additional display material will be available for examination and discussion with RTA officers at the following locations during the periods shown. (Location, address, dates and hours) During the period of the public exhibition, copies of the EIS will be available for purchase for $25 (printed copy) or $10 (compact disc) from:

RTA Ground Floor, Centennial Plaza, 260 Elizabeth Street, SYDNEY RTA Regional Office, (address) RTA Motor Registry (address)

Persons or organisations wishing to comment on the proposal are invited to make written representations on or before (date) to: The Project Manager, Roads and Traffic Authority, (address). All information in representations received may be published in subsequent assessment documents. Where the supplier indicates at the time of supply of information that it should be kept confidential, the RTA will attempt to keep it confidential but there may be legislative or legal justification for the release of the information, for example under the Freedom of Information Act 1989 or under subpoena or statutory instrument. Further information may be obtained from: (name and telephone number).

http://www.rta.nsw.gov.au/



K 11 Example of an advertisement for a Preferred Activity Report

ROADS & TRAFFIC

AUTHORITY (PROJECT NAME)

PREFERRED ACTIVITY REPORT

The Environmental Impact statement (EIS) for the (Project name) was placed on public exhibition from (date) to (date). A number of modifications have been made to the proposal as a result of representations received in response to the EIS exhibition and other information that has become available since the exhibition. These modifications are documented in a Preferred Activity report. The Preferred Activity report summarises and justifies the differences between the current proposed activity and the activity described in the EIS The Preferred Activity report is part of the RTA’s Representations Report, which has been submitted to DIPNR requesting the approval of the Minister for Infrastructure and Planning to construct the (project name). The Preferred Activity Report is available on the RTA website at www.rta.nsw.gov.au. The report is also available for reference at the following locations until (date).






DIPNR) (address and hours) For further information about the Preferred Activity report, please contact (name and telephone number).




K 12 Example of an advertisement for exhibition of material after approval

ROADS & TRAFFIC

AUTHORITY APPROVAL OF THE (PROJECT NAME).

The Minister for Infrastructure and Planning has approved the Roads and Traffic Authority carrying out the (project name) subject to conditions set out in Schedule 1 of the approval of the Minister for Infrastructure and Planning. An Environmental Impact Statement on the proposal was publicly exhibited between (date) and (date). The Chief Executive of the Roads and Traffic Authority has examined and considered in relation to the proposed (project name):

• The Environmental Impact Statement • Representations made in respect of the Environmental Impact Statement • The Representations Report of the Roads and Traffic Authority • The approval of the Minister for Infrastructure and Planning • Other relevant matters.

The Chief Executive of the Roads and Traffic Authority has determined that construction of the (project name) may proceed subject to the conditions set out in Schedule 1 of the approval granted by the Minister for Infrastructure and Planning on (date). Copies of the Minister for Infrastructure and Planning’s approval, the Chief Executive’s determination, the Roads and Traffic Authority’s Representations Report and the report of the Director-General of the DIPNR are available for inspection between (date) and (date) at the following locations during the hours shown.




DIPNR, Planning Centre, 23-33 Bridge Street, SYDNEY. Monday-Friday 9.00 am-5.00 pm.


DIPNR) (address and hours)

Internet (main volume only) – www.rta.nsw.gov.au Further information may be obtained from: (name and telephone number).




K.13 Example of an advertisement for proposed modifications to an approved project

ROADS & TRAFFIC

AUTHORITY (PROJECT NAME). PUBLIC EXHIBITION OF PROPOSED

MODIFICATIONS

The (Project name) was approved by the Minister for Infrastructure and Planning on (date). The RTA proposes to modify the approved project by (or, at) (if possible and relevant, identify the proposed modifications by location and/or nature). An environmental impact assessment has been prepared which describes the proposed modifications and examines their environmental impacts. The assessment is on public exhibition from (date) until (date), at the following locations during the hours shown.





Roads & Traffic Authority Regional Offices, (address and hours) Roads and Traffic Authority Registry Office (address and hours) Local Council, (address and hours) Local Library, (address and hours) Other appropriate local venues (perhaps including appropriate other agencies eg DEC,

DIPNR) (address and hours) Internet – www.rta.nsw.gov.au

(The following if appropriate) During the period of the public exhibition, copies of the environmental impact assessment will be available for purchase for $25 (printed copy) or $10 (compact disc) from:

RTA Ground Floor, Centennial Plaza, 260 Elizabeth Street, SYDNEY RTA Regional Office, (address) RTA Motor Registry (address)

Any person or organisation may, before the end of the exhibition period, make written submissions to the RTA in relation to the proposed modifications. Submissions should be sent to: The Project Manager, Roads and Traffic Authority, (address). All information in representations received may be published in subsequent assessment documents. Where the supplier indicates at the time of supply of information that it should be kept confidential, the RTA will attempt to keep it confidential but there may be legislative or legal justification for the release of the information, for example under the Freedom of Information Act 1989 or under subpoena or statutory instrument. Further information may be obtained from: (name and telephone number).


Model briefs for EIA preparation


L. Model briefs for EIA preparation

This appendix applies to Chapters 6.4 and 6.5



Appendix L Amendment Register Appendix L of this Manual is subject to regular review to improve both the content and structure of the model briefs. Because of this, it has its own Appendix L Amendment Register. The General Amendment Register at the beginning of this Manual contains all changes to Appendix L until April 2004. All changes to Appendix L after April 2004 are included in the Appendix L Amendment Register.


Model Brief Page

Update of entire Appendix.

Amendment to introductory pages. Small changes to various model briefs.

9/04

Social Impact assessment

L-44, L-45

New model brief in amended “Minimum Requirements / Extended Requirements” format.

9/04

Title Change from “EIS” to “EIA” to reflect broader application

6/05

Introduction L-1 Minor changes to broaden scope of Appendix

6/05

Cultural Heritage - Aboriginal

L-36, L-38

Minor updating 6/05


RTA Environmental Impact Assessment Guidelines, Version 4 L-1

L.1 Introduction

This is a set of model briefs to contractors applicable to the project development process leading to and including an EIS and supporting documentation. It may also be applicable to larger REFs or even to specific subject areas in smaller REFs. It may refer to issues and/or organisations which would not apply to every project. You should consider it as a guide only, and modify it for each new project. Issues are constantly changing and it is acknowledged that the details in this example are likely to become out of date relatively quickly. Nevertheless, it may provide some assistance in ensuring all relevant matters are included. For more information on REFs, see Appendix A. This appendix is not considered to be a comprehensive contract covering all matters applying to a proposal. It applies only to those work elements of the brief that are relevant to the project development process leading to and including an EIS. It is possible that the contract will cover other matters as well, eg concept design, survey, geotechnical investigations etc. The model briefs are in the process of being restructured to include both Minimum and Extended Requirements. These two levels of requirements will allow Project Managers to scope briefs for environmental issues with smaller impacts and minimal complexity up to issues with larger impacts and greater complexity. In relation to any issue, Minimum Requirements are those that must be included in the project brief, with possible occasional exceptions following discussion with the Environmental Adviser. Extended requirements are those that should be considered for inclusion in the project brief if warranted by the anticipated nature, scale and complexity of impacts. Appendix L of this Manual is under regular review. As such, examples of two model brief formats will appear in Appendix L for some time. The existing model briefs will remain in the previous format until they have been revised. They will be presented in the new format (as outlined above) as they are revised.


L-2 RTA Environmental Impact Assessment Guidelines, Version 4

L.2 Appendix L Table of Contents L.3 General Requirements L.4 Work Elements:

L.4.1 Review of Existing Information L.4.2 Summary Documents L.4.3 Statutory Position L.4.4 Need for the Proposal L.4.5 Assessment of Options L.4.6 Urban and Regional Design L.4.7 Detailed Description of Proposal L.4.8 Imported Fill Material L.4.9 Topography, Geology and Soils L.4.10 Climatic Assessment L.4.11 Hydrology / Hydraulics L.4.12 Water Quality Assessment L.4.13 Air Quality Assessment L.4.14 Road traffic Noise Assessment L.4.15 Construction Site Noise and Vibration Assessment L.4.16 Input Procurement L.4.17 Sources of Construction Resources L.4.18 Waste Minimisation and Management L.4.19 Biodiversity L.4.20 Landscape / Visual L.4.21 Cultural heritage – Aboriginal L.4.22 Cultural heritage – Non Aboriginal L.4.23 Land Use L.4.24 Economic Assessment L.4.25 Social Impact Assessment L.4.26 Associated Infrastructure and Activities L.4.27 Operation Hazards and Risks L.4.28 Energy L.4.29 Cumulative Impacts L.4.30 Mitigating Measures L.4.31 Obtaining Approvals L.4.32 Environmental Management L.4.33 Justification for Proposal L.4.34 Ecologically Sustainable Development L.4.35 Conclusion L.4.36 Community Involvement L.4.37 Commonwealth Environment Protection and Biodiversity Conservation Act, 1999



L.3 General requirements The RTA expects EIS contractors to:

Remain up to date with legislative and policy changes

Continuously improve the standard of their EIS documents

Demonstrate lateral thinking and innovative approaches in dealing with specific issues (for example, cumulative impacts, ecologically sustainable development)

Develop innovative and cost effective treatments to environmental safeguards and mitigating measures

Structure EIS documents in a simple and logical manner, with constant recognition of the needs of the reader.

Keep EIS length to the minimum required to meet the contract brief while addressing all requirements

Thoroughly edit all EIS drafts for:

Technical correctness

Spelling and grammar

Plain English

Consistency of presentation

Ensure accuracy in specialist input, including:

Quality checking by the lead contractor

Editing

Incorporation of specialist input to the style of the EIS



L.4 Work elements

L.4.1. Review of existing information A review of the existing information available and identification of the issues to be addressed in relation to both regional and local contexts. Identification and consideration of any relevant Protection of the Environment Policies introduced under the Protection of the Environment Operations Act.

L.4.2. Summary documents Provide a one page Summary table which gives a brief overview of the

proposed activity. See Appendix E.

Provide a longer Summary of the EIS itself



L.4.3. Statutory position

Objectives To establish that Part of the Environmental Planning and Assessment Act

under which the proposal is to be assessed.

To discuss other statutory matters that might relate to the proposal.

Key Issues / Activities Examine environmental planning instruments and substantiate relationship of

project to Part 4 and/or Part 5 of the Environmental Planning and Assessment Act. This should include:

affected zones

whether roads are prohibited, or permitted with or without consent in those zones

relationship to SEPP No. 4, the EP&A Model Provisions or other LEP savings clauses as appropriate.

Identify all approving authorities for the project and any legislative requirements;

Identify and report on legal requirements for EIS and SIS approval. Include Commonwealth requirements as appropriate;

Identify any environmental planning instruments which affect the project and include a summary of how the project will contribute to local, regional and state planning strategies and objectives;

Discuss influence of SEPP 14, SEPP 19, SEPP 26, SEPP 44 (etc); and

Advise on any strategies being developed by DIPNR and Council which may affect the proposal, yet may not be reflected in formal planning documents.

Minimum Outputs Report and/or EIS section substantiating the statutory position applying to the

proposal.



L.4.4. Need for the proposal

Objective Establish the current need for the proposal in relation to its

strategic setting;

operational requirements such as safety, traffic efficiency; and

environmental and amenity improvement.

Key Issues / Activities Examine other legislation and government policy for its relevance to and

influence on the proposal. Discuss how the proposal would relate to them.

Consider national, state, regional and local planning issues and studies; strategic transport planning issues and studies; traffic, safety and transportation issues and studies; environmental concerns related to the existing road system.

Consider the relationship of the proposal in its strategic setting to the principles of ecologically sustainable development as defined in Schedule 2 of the EP&A Regulation.

Develop clear objectives for the proposal:

operational

financial

environmental

urban and regional design.

Minimum Outputs Report and/or EIS section which outlines the strategic setting of the proposal and the operational and/or environmental shortcomings of the current route/network; and establishes the need for the proposal in relation to those matters and the principles of ecologically sustainable development. The report / section should establish why this proposal is needed now.

The “do nothing” option, or implications of not proceeding with the proposal, may be treated in this section if this is appropriate as a logical extension of the discussion of need. If so, it should be identified separately in a sub-heading.



L.4.5. Assessment of options

Objective To select a preferred route from a range of feasible options developed in consultation with the community.

Key Issues / Activities Review, suggest and describe feasible options for achieving the project

objectives. This should include evaluation of the “do nothing” and alternative route options.

Avoid the “tyranny of small decisions”. Demonstrate strong reasons for selection of end points, for example in relation to broader route / network planning; or in response to financial constraints.

Undertake a multi criteria analysis of options and develop and recommend a preferred option in conjunction with the community.

Consider all relevant factors, such as biophysical, economic, financial, transport, urban and regional planning, road design, urban design and social considerations. Include estimate of total cost for each option, comparative road user benefit cost analysis and other non-road user economic parameters, impacts on affected community.

Assess all options in accordance with the principles of ecologically sustainable development.

Minimum Outputs Constraints mapping

Aerial photographs / mosaics / maps showing all route options

Material for public information and display

Plans showing (eg 2m) contours, long section and typical cross section for each option

Options development report

Route selection report.



L.4.6. Urban and regional design

Objective Develop an integrated design proposal which accounts for the engineering

requirements of the road in its natural and cultural setting.

Key Issues / Activities Consult the RTA’s Urban and Regional Design Practice Notes, Beyond the

Pavement.

Use an integrated design team which includes input from all relevant disciplines.

Analyse cultural themes, significant viewscapes and design opportunities of the site and surroundings.

Identify urban and regional design principles to be applied to the proposal in relation to these themes, viewscapes and opportunities.

Develop the design proposal in relation to those principles

Identify how and to what extent the proposal meets the design principles. Identify any constraints which limit the extent to which the proposal is able to meet the design principles; and substantiate proposed variances

Incorporate all relevant design elements, including but not limited to the road, structures, pathways and cycleways, drainage, signs, lighting, gateways, sculptural elements.

Address practicality and cost effectiveness of design proposals in relation to both construction and maintenance.

Minimum Outputs An integrated design package for the proposal.

A report and/or EIS section incorporating photographs, diagrams and other graphic material.



L.4.7. Detailed description of the proposal

Objective To provide a detailed description of the proposal.

Key Issues / Activities Route alignment

Cost (construction, property acquisition, etc, maintenance)

Road design standards and materials

Major structures

Landscaping and urban design features

Staging

Provision for cyclists, pedestrians, terrestrial and aquatic wildlife, farm vehicles and stock

Local road and property access and access limitations

Emergency vehicle access

Construction methods, program and work hours

Earthworks - including sources of fill and transport routes

Clearing

Water management

Drainage and sedimentation control

Resource conservation and waste management

Topsoil management

Noise and vibration controls and amelioration structures

Fencing – security, fauna exclusion

Public utility adjustments

Demolition

Associated infrastructure and facilities, such as compounds and batch plants

Lighting and signposting

Speed limits

Property acquisition and compensation

Temporary traffic arrangements related to construction

Refinements proposed to avoid or safeguard against potential impacts

Associated activities, such as geotechnical and surveying activities



Minimum Outputs Project description appropriately developed to provide a clear picture of the

proposal

Plans, long sections and cross sections

Property plan showing property description and ownership of potentially affected properties

General locality map showing the location, form and physical dimensions of the project in relation to major environmental constraints

The presentation should include diagrams, photomontages based on aerial photographs, artists impressions and photomontages to illustrate the proposal from the perspectives of road users, pedestrians and adjoining residents.



L.4.8. Imported Fill Material

Objectives Establish uncertainties associated with accurately predicting earthworks

volumes

Describe proposed sites or the principles to be applied in selecting locations where imported fill material may be sourced

Assess environmental impacts of sourcing imported fill material from likely locations.

Key Issues / Activities Describe the factors that make it difficult to predict the amount of imported

fill likely to be required:

Detailed design changes subsequent to the EIS.

Difficulties of accurate prediction of amounts of rock and unsuitable material produced during construction

Requirements for additional surcharge material

Unexpected geotechnical conditions

Active environmental management of areas identified for supply of borrow material, necessitating use of alternative sources. For example, batter slopes might be reduced / batters steepened to reduce environmental impacts, resulting in the lost borrow material and the need for additional resources elsewhere.

Establish the principles to be applied when selecting sites if additional imported fill is required:

To be located within the road reserve wherever practicable; or alternatively adjacent to the road reserve

Where additional borrow sites would be located adjacent to the proposed activity, access to be located wherever possible directly to the road corridor and not the local road network

To have low conservation significance in terms of flora, fauna, indigenous and non indigenous heritage

Not to be located immediately adjacent to wetlands, National Parks, Nature reserves or other environmentally sensitive land, unless approval is obtained from the relevant agency

To be capable of adequate restoration.

Establish likely sites of additional imported fill if these are required

Relate likely sites to the principles set out above

Identify most likely sites and “no go” areas.



Assess environmental impacts of the likely sites.

Minimum Outputs Report and/or EIS section on proposed sites of imported fill and earthworks uncertainties and possibilities.



L.4.9. Topography, Geology and Soils

Objectives Undertake a geotechnical assessment suitable for input to route selection.

Describe and assess the impacts on the topography, geology, geomorphology and soils of the area.

Assess erosion potential and propose measures to limit erosion and sedimentation

Identify potential contaminated land and acid sulphate soils and if necessary prepare plans for their management

Incorporate proposals for management of topsoil.

Key Issues/Activities Identify and describe the geology and soils within and adjacent to each route

option

Full physical environment assessment - discussion on landforms, topography and terrain components

Carry out geotechnical assessment of route options. An overall geotechnical assessment by a competent geotechnical consultant is required. Emphasis should be placed on obtaining sufficient data to enable adequate assessment of the study area and variations / comparisons between likely routes. All descriptions should be consistent with AS 1726.

Note: The RTA acknowledges that geotechnical assessment itself may have environmental impacts. In this situation a separate environmental impact assessment will be required.



The investigation should include but not necessarily be limited to:

Describe the regional geology including identification of rock types and structural aspects

Assess any commercial deposits and past and proposed mining or extractive industries

Undertake bore hole drilling at strategic sites including cuttings and low lying areas to allow assessment of material types and foundation condition variation between routes. All core should be photographed as soon as possible after placement in the core box. Point load strength testing on rock core and SPT testing should be included where appropriate. Allowance should be made for up to x bore holes in this route selection stage.

Undertake preliminary analysis of low lying ground for instability and settlement potential under fill embankments. This will require strategic cone penetrometer probing to access fully foundation conditions. Allowance should be made for up to y sites for CPT in this route selection stage.

Install test pits to provide detail on soil / rock profile and embankment support. Attention should be given to an appropriate sampling and laboratory testing program to characterise fully material types. Test pits should be located to cover variations in material types and ground conditions. Dynamic cone penetrometer testing at the test pit sites also is required. Allowance should be made for up to z test pits in this route selection stage together with laboratory testing to characterise materials.

Undertake preliminary seismic refraction survey on major cuttings along each route. For this route selection stage, all cuttings of likely depth greater than 6m should be investigated. The survey is to be carried out in accordance with the Model Brief for Seismic Refraction Investigation (July 1995)

Undertake preliminary assessment of the need for blasting in the cuttings.

Assess likely cut and fill batter stability with preliminary batter slope design recommendations.



Assess erosion potential - potential for erodibility and dispersability of all identified soil types.

Determine the most effective environmental safeguards and measures aimed at avoiding or minimising identified impacts; and mitigation measures for impacts remaining after avoidance / minimisation.

Detail soil erosion management measures. The Department of Housing publication Managing Urban Stormwater: Soils and Construction is the guideline to be used for management of stormwater in road design, construction and maintenance. It sets minimum standards for sites where there are disturbed soils. Additional measures may be needed where site specific requirements dictate.

Carry out an acid sulphate soils survey of all low lying ground areas (areas less than 5m AHD)

The survey is to be carried out in accordance with the ASSMAC Acid Sulfate Soil Manual (1998).

An appropriate sampling and laboratory testing program. Testing is to be carried out by laboratories competent and experienced in this type of work. Full analysis and interpretation of results is required.

If acid sulphate soils are present in sufficient quantities, an Acid Sulphate Soils Management Plan is to be prepared detailing planning and construction considerations; or the salient issues are to be identified for later development of that Plan.

Carry out a contaminated land survey of the area.

Areas found to be contaminated are to be investigated to determine the extent of contamination.

An appropriate sampling and testing program based on advice from the Department of Primary Industries and the DEC may be required.

Discuss potential for contamination of land arising from the construction and operation of the proposal, including ancillary activities such as batch plants.

Propose effective management of topsoil to avoid weed infestation, incorporating:

Identifying and marking out weed contaminated areas of topsoil prior to clearing

Segregating weed contaminated topsoil from reusable topsoil during excavation

Protecting and storing reusable topsoil

Disposing of contaminated topsoil in an environmentally acceptable manner

Tracing imported topsoil to ensure that it is weed free

Carry out a coordinate survey of all investigation sites:

All boreholes, test pits, seismic survey spreads, cone penetrometer sites, other sampling locations and any other significant investigation features should be marked adequately in the field and recovered by coordinate survey

A copy of the coordinate locations is to be included in the report and all such locations are to be clearly shown on plan diagrams.



Undertake investigations in a sensitive manner:

Obtain prior approval from landowners to enter all sites for investigation activities

Liaise with relevant authorities to locate any underground services which may be affected by the investigation activities

Restore all disturbed ground and property damage from investigation activities to the satisfaction of each landowner.

Relate the findings to the principles of ecologically sustainable development in Schedule 2 of the Environmental Planning and Assessment Regulation.

Minimum Outputs Geotechnical report for route investigation

Contaminated land report

Acid sulphate soil report

Acid Sulphate Soil Management Plan (if required); or identification of the salient issues for later development of an Acid Sulphate Soil Management Plan.

Topsoil management report and/or EIS section.



L.4.10. Climatic Assessment

Objective To assess the impact of climatic features on other environmental issues related to the construction and operation of the proposal.

Key Issues/Activities Include, as appropriate to the objective:

Rainfall averages (yearly, monthly), seasonally of rainfall, and intensity of rainfall storm events

Wind direction averages (daily), seasonal variations, average speeds and high wind areas

Frost prone areas average number of frosts per year and seasonally

Temperatures - average, summer, winter

Average number of fogs per year and seasonally of fogs.


Minimum Outputs Climatic Summary report and/or EIS section.



L.4.11. Hydrology/Hydraulics

Objective To carry out hydrologic/hydraulic investigations for the proposal.

Key Issues/Activities Conduct a hydrological investigation of the existing flooding characteristics

and predicted flooding characteristics with construction of the project for specified flood events

Consideration of the design floods (5%, 2% and 1% AEP and PMF) relative to the proposal

For specified flood events

Detail current and predicted afflux depths and freeboard at each residence

Provide current and predicted inundation periods

Detail current and predicted floodwater velocities across the floodplain; within the stream channel, and at bridge or other flood relief structures. Include soil erosion potential

Detail and illustrate, where possible, current and predicted flow distributions

Detail current and predicted floodwater depths upstream and downstream of the proposal at buildings within the floodplain

Identify buildings and residences within the floodplain that are currently affected by floodwaters and/or would be affected by reason of the proposal; and

Consider the hydraulics of structures proposed for the preliminary engineering design including:

Mitigation of any adverse hydraulic impacts

Consideration of afflux

Downstream impacts

Increase in flood velocities

Ponding and retention of water

Indicative bridge / culvert sizes and locations

Erosion potential and proposed scour material



Minimum Outputs Hydrology/Hydraulics report and/or EIS section.



L.4.12. Water Quality Assessment

Objective To undertake Water Quality Assessment for the proposal.

Key Issues/Activities Before route selection:

Undertake surface and ground water quality testing to determine the level of pollution.

Assess surface and groundwater quality including:

Existing surface water quality, types of pollution affecting surface waters, their impacts and probable sources

Existing groundwater quality, types of pollution affecting groundwater quality, their impacts and probable sources.

Discuss the resilience of any waterways/wetlands to assimilate pollutants.

After route selection:

Assess the potential impacts of the proposal on surface and groundwater quality during the construction and operational phases.

Examine and discuss environmental issues related to the source of / amount of water taken for construction purposes.

Assess the requirements of pre-construction, construction and post construction water monitoring programs, using a practical and cost effective approach.

Examine and discuss measures to mitigate the potential impacts of the proposal.



Minimum Outputs Water Quality Management Report and/or EIS section including water quality management framework, sedimentation basins and monitoring program.



L.4.13. Air Quality Assessment

Objective To undertake an assessment of the air quality impacts of the proposal.

Key Issues/Activities Determine the number of sites to be monitored and the prediction model

proposed

Calculate the present carbon monoxide levels during the peak travel flow periods at the sites, with wind speed and direction. Sampling to be undertaken in calm or near calm wind conditions to represent maximum levels of CO.

Estimate the background concentrations of carbon monoxide, hydrocarbons, oxides of nitrogen and particulates (lead) in the air currently at the same sites.

Provide a prediction for ten years after the proposed commissioning of the proposal for carbon monoxide, hydrocarbons, oxides of nitrogen and particulates (lead) levels during the peak traffic flow periods at the same sites.

Relate the above estimates and predictions to the most current NSW DEC criteria.

Discuss the relationship of the proposed activity to the National Greenhouse Response Strategy and the RTA Greenhouse Reduction Plan.



Minimum Outputs Air Quality Management Report and/or EIS section.



L.4.14. Road Traffic Noise Assessment Note: Comprehensive briefs are available in the RTA Environmental Noise Management Manual.

Objective To assess road traffic noise impacts and potential mitigation / attenuation measures for the proposal with reference to the DEC’s Environmental Criteria for Road Traffic Noise.

Key Issues/Activities Assess existing noise levels

Identify the noise catchment area and all possible sensitive locations in the catchment area. Site plans indicating the location of monitoring points are to be included with monitoring points identified using the same co-ordinate system as that used in the road design data. The report should have well represented noise contour maps that identify all noise sensitive locations in the area for the predicted environment (in the absence of noise amelioration measures being considered).

Carry out seven consecutive days of 24 hour ambient noise monitoring in accordance with RTA and DEC guidelines.

Carry out field assessments of selected locations and take suitable noise measurements of both day time and night timer noise levels for representative background locations and noise sensitive locations.

Model predicted noise levels along the route, especially in the identified high noise locations, taking into consideration:

Pre-construction noise levels, based on hourly traffic flows.

Predicted traffic factors (flow rate, composition, speed), along the proposed route ten years from the anticipated opening date of the proposal.

Effects of topographical and other physical features along the route.

Determine the most effective environmental safeguards and measures aimed at avoiding or minimising identified impacts; and mitigation measures for impacts remaining after avoidance / minimisation; in relation to noise level criteria established by the DEC (Environmental Criteria for Road Traffic Noise) and RTA (Environmental Noise Management Manual).

Carry out sensitivity analyses on the economics of various attenuation measures in relation to:

Various traffic growth scenarios.

Number and type of noise affected buildings.

Design of project options.

Design of noise mitigation measures.



Minimum Outputs Traffic noise report and/or EIS section; and

Noise contours on maps, aerial photographs or concept design model.



L.4.15. Construction Site Noise and Vibration Assessment Note: Comprehensive briefs are available in the RTA Environmental Noise Management Manual.

Objective To assess construction site noise and vibration impact and potential mitigation / attenuation measures for the proposal.

Key Issues/Activities Identify all possible construction noise sensitive locations surrounding the

construction area. Site plans indicating the location of monitoring points are to be included with monitoring points identified using the same co-ordinate system as that used in the provided RTA road design data.

Assess potential construction noise in relation to identified noise sensitive sites and assess levels against DEC Environmental Noise Control Manual (1994) and Environmental Noise Management – Environmental Criteria for Road Traffic Noise (1999).

Assess potential blasting noise in relation to identified noise sensitive sites and assess levels against the DEC Environmental Noise Control Manual (1994) and Environmental Noise Management – Environmental Criteria for Road Traffic Noise (1999).

Assess potential vibration in relation to identified noise sensitive sites and assess levels against the DEC Environmental Noise Control Manual (1994) and Environmental Noise Management – Environmental Criteria for Road Traffic Noise (1999).

Identify the types of plant and equipment likely to be used in the project construction, their estimated noise level and the distance of operations from noise sensitive locations. If a work plan or estimated work plan is available, the duration and frequency of use of the plant and equipment and hours of operation should also be given. If a work plan is unavailable, and if considered necessary, a recommendation that a more detailed construction site noise assessment be undertaken upon finalisation of the construction project work plan and prior to application for an Environment Protection Licence, should be included.

Assess the vibration environment predicted during the course of road construction. Allow for a building condition survey of sensitive buildings.

Determine the most effective environmental safeguards and measures aimed at avoiding or minimising identified impacts; and mitigation measures for impacts remaining after avoidance / minimisation. Identify and assess options for implementation of any measures, including:

Community consultation.

Erection of temporary barriers.

Timing of construction of permanent barriers, house treatments or other attenuation measures.



Provide (in addition to a printed report) copies of all noise monitoring data on floppy disks (IBM format) as delimited or fixed width ASCII files.


Minimum Outputs Construction noise and vibration report and/or EIS section.



L.4.16. Input Procurement

Objectives Assess environmental impacts of all inputs to the proposal

Propose management measures

Key Issues / Activities Examine ‘full cost’ or ‘cradle to grave’ impacts of all known inputs. Include

the full environmental costs of all inputs, including energy, transport, waste during production, disposal or recycling

Quantify as possible, or provide a qualitative assessment

Determine the most effective safeguards and measures aimed at avoiding or minimising identified impacts; and mitigation measures for impacts remaining after avoidance / minimisation.

Minimum Outputs Input procurement plan

Report and/or EIS section.



L.4.17. Sources of Construction Resources

Objective To identify existing and potential sources of construction resources and the environmental impacts associated with their use.

Note: It is not an objective to undertake an environmental impact assessment of sources such as quarries which are separate activities to this road proposal. However, the need (if any) for separate environmental impact assessment of those sources is to be acknowledged. The impacts associated directly with the road proposal (such as transport routes) are to be addressed.

Key Issues/Activities Presence of selected or pavement standard materials within earthworks.

Location of borrow sites within and outside the construction site.

Haulage of materials and manufactured items.

Planning approvals.

Sources of water.

Alternative sources from recycled material.

Effect on depletion of resources.


Minimum Outputs Material resources report and /or EIS section, demonstrating that the design has been optimised in relation to these impacts.



L.4.18. Waste Minimisation and Management

Objectives Identify waste minimisation, reuse and recycling opportunities

Identify major waste streams from the proposal

Propose strategies for management of major waste streams.

Key Issues / Activities Avoidance

Identify sources and suitability of recycled material in all aspects of construction and propose methods to maximise cost effective use of recycled material

Identify proposals to avoid generation of waste on site.

Minimisation

Identify all waste streams likely to be generated during construction, operation and maintenance. Include waste produced from associated activities such as batch plants, site offices and construction compounds

Quantify the major likely waste streams, including but not limited to: fill or virgin excavated natural material, greenwaste, pavement materials, timber, top soil, metal and plastic from street furniture, barriers or other structures

Identify strategies to minimise the major waste streams

Identify alternative uses for waste streams, either on site or elsewhere. Include evidence of discussions with local Councils, State agencies or private organisations concerning the possibilities for use of waste products.

Disposal

For those waste streams that cannot be avoided or minimised, identify the disposal site, method and any necessary treatment.


Minimum Outputs Waste minimisation and management report and/or EIS section.



L.4.19. Biodiversity

Objectives Identify the impacts of the project on terrestrial and aquatic fauna and flora

species, populations, ecological communities and their habitats.

Determine the most effective environmental safeguards and measures aimed at avoiding or minimising identified impacts; and mitigation measures or offsets for impacts remaining after avoidance / minimisation.

Determine if a Species Impact Statement (or Statements) is required.

Key Issues / Activities Research all existing information on protected flora and fauna (as defined in

the National Parks and Wildlife Act), threatened species, populations, ecological communities and critical habitat (as defined in the Threatened Species Conservation Act) and rare or threatened Australian plants (ROTAPs) (Briggs and Leigh 1995) which occur or are likely to occur in the vicinity of the proposal:

Search the NPWS Atlas of NSW Wildlife

Review all relevant reports and data bases covering the area

Collect anecdotal information from local records, local residents, special interest groups and local flora and fauna experts

Identify on suitable maps the locations where threatened species, populations or ecological communities are known to exist

Research all existing information on aquatic species, populations and ecological communities (as listed in the threatened species conservation provisions of the Fisheries Management Act) which occur or are likely to occur in the vicinity of the proposal:

Review all relevant reports and other databases covering the area

Collect anecdotal information from local residents, local residents, special interest groups and local flora and fauna experts.

Identify on suitable maps the locations where threatened species, populations and ecological communities are known to exist.

Research all existing information on Commonwealth listed threatened species, ecological communities and/or migratory species.

Note: It is incumbent on the contractor to assess the current status of species, populations and communities identified on Schedules to the Threatened Species Conservation Act, 1995 and the Fisheries Management Act, 1994 and the Environment Protection and Biodiversity Conservation Act 1999.



Undertake a field survey to identify the presence and extent of protected flora and fauna, migratory species, critical habitat, threatened species, populations and ecological communities and ROTAPs within and in the vicinity of the proposed corridor including:

Interpretation of remote sensing data and aerial photography

Collection of anecdotal information (including local sightings, specialist interest groups, indirect evidence of species existence)

Collection of field survey data on fauna by identification of scratch marks, scats, footprints, nests, evidence of feeding and spot lighting and if warranted, pit traps, Elliott traps, mist nets and other specialised techniques.

Collection and identification of plant species and vegetation associations by representative sampling and statistical analysis

Provide in the fauna survey report:

Details of the survey effort for each survey method

The dates when surveys were undertaken and the weather conditions at the time; and locations where threatened fauna were recorded

Discussion on the limitations of the survey.

Prepare appropriately scaled maps, supply photographs and describe protected flora and fauna, migratory species, critical habitat, threatened species, populations, ecological communities and ROTAPs and their distribution in the proposed corridor. In doing so:

Identify and classify vegetation communities on a structural and floristic basis. Provide a species list of flora species recorded in each vegetation community (including threatened flora and ROTAPs) and of threatened flora and ROTAPs likely to occur in each vegetation community.

Describe the conservation significance of vegetation communities at a local, regional and State level by citing relevant reference, considering also their level of representation in lands managed under the National Parks and Wildlife Act and habitats managed under the Fisheries Management Act.

Identify and describe fauna habitats and their conservation significance at a local, regional and State level. Provide a list of fauna species (including migratory and threatened species) recorded and of migratory and threatened species likely to occur.

Identify and describe aquatic habitats and their conservation significance at a local, regional and State level. Provide a list of aquatic species (including threatened species) recorded and of threatened species likely to occur. Identify waterway classification for fish.

Describe fauna and flora of local, regional or State conservation significance which are not listed under the TSC Act, FM Act, EPBC Act, or as a ROTAP.

Describe the existing condition of vegetation communities and fauna habitats in relation to their degree and extent of disturbance (weed invasion, clearing, grazing etc.) and the likely impact of this disturbance on flora and fauna values.



Assess the impacts of the proposal on the flora and fauna of the proposed corridor, particularly protected flora and fauna, migratory species, critical habitat, NSW and Commonwealth threatened species, populations and ecological communities and ROTAPs and other flora, fauna and vegetation communities of conservation significance. In doing so:

Assess the impacts of the proposal on threatened species, populations and ecological communities, or their habitat in accordance with Section 5A of the EP&A Act.

Assess the impacts of the proposal on Commonwealth listed threatened species, ecological communities and/or migratory species in accordance with Commonwealth Administrative Guidelines.

Quantify the area of vegetation and (if applicable) critical habitat, endangered ecological communities and endangered populations to be affected, including the extent of clearing and edge effects.

Quantify the area of each vegetation community to be affected, including the extent of clearing.

Quantify the number of individuals of endangered populations, threatened flora and ROTAPs that are proposed to be affected by activities such as clearing.

Assess the potential for the proposal to create or extend barriers to the movement of reproductive material between populations of flora and fauna, with this examined through consideration of the extent and condition of adjacent aquatic habitat, vegetation or other landscape features (for example, riparian areas) that connect, or are likely to connect, flora and fauna populations.

Assess the contribution of the proposal to cumulative impacts on flora and fauna in a local and regional context.

Determine the most effective environmental safeguards and measures aimed at avoiding or minimising identified impacts; and mitigation measures for impacts remaining after avoidance / minimisation. Base this on reducing the intensity and extent of impacts on flora and fauna, particularly protected flora and fauna, migratory species, critical habitat, NSW and Commonwealth threatened species, populations and ecological communities and after consulting the RTA policy and guidelines, “Road Development and Impacts on Habitat Amelioration Measures”. Consult other relevant agencies such as the NPWS (DEC), NSW Fisheries (DPI), the Commonwealth Department of Environment and Heritage and/or DIPNR (Natural Resources Branch) as appropriate in developing measures. Address:

Detailed specifications for design and location of proposed measures.

Effectiveness of such measures in avoiding or minimising impacts on species, populations and ecological communities.

Expected time required for restoration of any habitat or ecological community.

Alternatives to the proposal which would minimise impacts on significant species and/or communities.




Minimum Outputs A comprehensive report and/or EIS section with suitable reference to

publications, data sources, liaison with other agencies, personal communications and scientific opinion and including appropriate maps, photographs and descriptions.

As required, an assessment and recommendation on the need for referral in accordance with the EPBC Act.

As required, an assessment and recommendation in accordance with Section 5A of the Environmental Planning and Assessment Act.

Note: If the study identifies that a Species Impact Statement (or Statements) is required, the completion of that Statement will constitute an extension of this commission and will be subject to separate terms of reference.



L.4.20. Landscape/Visual

Objective To undertake a landscape/visual study and determine likely impacts.

Key Issues/Activities Describe and assess the landscape/visual resources along and surrounding the

proposed route options documenting their landscape characters, values and sensitivities to changes by roadworks and traffic movement.

Evaluate and discuss the likely visual impacts of the route options on both the natural and cultural landscapes. Include extension of the viewshed analysis to locations outside the corridor.

Identify and recommend route option/s which will have the least visual/landscape impact.

Advise on visual/landscape improvement, protection and mitigation guidelines relating to:

Views

Noise attenuation measures

Materials

Cuts and embankments

Interchanges

Grade separations

Town entries

Bridge design and road furniture

Erosion control

Detention basins

Visual and headlight screening to preserve visually and ecologically significant areas and properties

Cost effectiveness of treatments

Road design constraints

Maintenance.

Evaluate and discuss simulated views likely to be experienced by drivers along the preferred route ie. sequential experience, landmarks etc.




Minimum Outputs Report and/or EIS section including photographs and diagrams (report to be

completed before Value Management Study)

Landscape strategic plan for the preferred route (preferably at 1:10,000 scale)

Landscape concept plan showing proposed treatments for the road (preferably at 1:10,000 scale)

Three colour photomontages (A3 size) from selected view points

Three selected artist perspectives (A3 size) of afterview only showing the existing environment and visual impacts of the proposal on landscape/urban sensitive areas, road users, pedestrians, adjoining residents and commercial areas

Indicate viewshed for the surrounding area as viewed to and from the preferred route

A minimum of four sections of proposed landscape treatments and preferred treatment for the route.

Note: Some elements of this study may need to be incorporated in the urban and regional design.



L.4.21. Cultural Heritage—Aboriginal

Principles The RTA seeks to work in partnership with Aboriginal communities when

assessing the impact of proposals on Aboriginal cultural heritage.

All consultation with Aboriginal communities is to be undertaken by RTA staff and/or consultants in partnership with RTA staff. The primary role is to be undertaken by the RTA’s Aboriginal Program Consultant.

Subject to detailed requirements below, all cultural heritage assessments are to be carried out by appropriate persons as agreed with the affected Aboriginal communities. Archaeological components of those assessments are to be carried out by a qualified archaeologist.

Objectives To undertake an assessment of Aboriginal cultural heritage affected by the

proposal.

To establish appropriate measures to avoid, minimise, or mitigate identified impacts.



Key Issues / Activities Prior to route selection:

Confirm with the RTA Project Manager any consultation that has already been established with affected Aboriginal communities and people within those communities.

Subject to the details of that existing consultation, and in conjunction with RTA staff:

Identify the appropriate communities and people within those communities that should be consulted

Establish a consultation (community involvement) program to address cultural and archaeological issues. RTA staff are to be involved in all consultation.

Before undertaking cultural assessments, seek the views of affected Aboriginal communities in relation to matters such as:

How the cultural assessments should be undertaken

Who should undertake the cultural assessment

If archaeological assessments form part of the cultural assessment, the respective roles of the Aboriginal community and consultant archaeologists in undertaking archaeological assessments.

Undertake cultural assessments in accordance with the wishes of the affected Aboriginal communities; subject to agreement with the RTA Project Manager, statutory provisions and requirements of the National Parks and Wildlife Service.

Consult the National Parks and Wildlife Service in relation to the level of cultural assessments required and any specific requirements for the investigation.

Establish procedures to ensure ongoing coordination between cultural assessments and feedback to the affected Aboriginal communities.

Carry out a preliminary review of available cultural (including archaeological) literature applicable to the area.

Search the National Parks and Wildlife Service Aboriginal Heritage Information Management System to determine the presence of sites within a 5km radius of the corridor.

Review the site cards and/or reports that are associated with the sites identified.

As necessary and in accordance with agreed procedures arising from consultation as noted above, undertake an archaeological field study, involving representative members of the local Aboriginal community, to:

Determine the presence of Aboriginal sites and/or potential site locations (surface and sub-surface)

Determine the significance of the above and propose measures required to fulfil legislative requirements

Incorporate any confidentiality requirements.



In the event that Aboriginal sites are located, record the details on appropriate National Parks and Wildlife Service site cards and forward within 21 days to the appropriate National Parks and Wildlife Service Zone Office.

In accordance with agreed procedures arising from consultation as noted above, undertake all necessary cultural heritage investigations and field studies, involving representative members of the local Aboriginal community, to establish:

The Aboriginal community’s understanding of the proposal

The cultural heritage values ascribed by the Aboriginal community to the area and its significance to the community. Sensitivity mapping should be included as appropriate

The impact on the culture of the Aboriginal community as a result of works associated with the proposal

Management provisions considered necessary by the Aboriginal community to avoid, minimise or mitigate against impacts of the proposal in relation to cultural heritage.

Subsequent to route selection:

Continue all activities in accordance with the agreed consultation (community involvement) program established prior to route selection.

Carry out a further detailed study for the purpose of identifying with a high degree of certainty:

whether Aboriginal sites exist on the route; and

whether any matters pertaining to Aboriginal cultural heritage are affected by the route.

Obtain necessary permits and carry out trial excavations to establish the presence and significance of any previously identified or possible Aboriginal sites.

Identify the need for preservation, recording, excavation or destruction of any Aboriginal sites and any further investigations required to fulfil legislative requirements.

Identify the need for any actions required in relation to matters pertaining to Aboriginal cultural heritage which are affected by the route.

Establish objectives for the ongoing management of affected Aboriginal sites/areas pertaining to cultural heritage.




Minimum Outputs A written report addressing all above components, taking account of the

National Parks and Wildlife Service Cultural Heritage Standards and Guidelines Kit and Standard Manual for Archaeological Practice in Aboriginal Heritage. The report should include:

Relevant plans or diagrams of the location of the proposal, identified and inferred Aboriginal sites and relics, survey routes and sampling details.

Records of consultations with the Aboriginal community

A description of survey/sampling methods adopted

Documentary evidence of appropriate consultation with/involvement of all affected Aboriginal communities

Documentary evidence of involvement of affected Aboriginal communities in cultural heritage assessments.

All draft reports are to be provided to the affected Aboriginal communities for comment at least two weeks before report finalisation.



L.4.22. Cultural Heritage—Non Aboriginal

Objective To undertake a study of matters of significance in relation to non-indigenous heritage.

Key Issues / Activities Review heritage listings of Australian Heritage Commission, NSW Heritage

Council, National Trust of Australia (NSW), local Councils and at http://www.rta.nsw.gov.au the RTA Heritage and Conservation Register. The NSW Heritage Inventory at http://www.heritage.nsw.gov.au has details of these listings.

Examine route options in relation to identified heritage sites.

Review heritage literature applicable to the area and identify any major heritage issues.

Examine the site and consult Councils, local historical societies and the community as appropriate.

Include any matters raised in consultation between the RTA and the NSW Heritage Office.

Note: Consultation with the Heritage Office is to be directed initially through the designated RTA staff.

Prepare a statement of heritage significance for the area/sites as required, in accordance with the assessment guidelines set out in the Heritage Manual, 1997 (Heritage Office of NSW).

Prepare a statement of heritage impact on the proposed activity in relation to the assessed significance of the item, in accordance with the Heritage Manual, 1997 (Heritage Office of NSW). Identify strategies to conserve / manage / record / relocate / demolish identified items; and whether any other safeguard measures aimed at avoiding or minimising identified impacts; or mitigation measures for impacts remaining after avoidance / minimisation; are practicable.

Enter into the RTA’s Heritage and Conservation Register any assessment results for heritage items in the RTA’s ownership, care or control. Collect and present information in accordance with the requirements of the RTA Heritage Guidelines.

Refer to the Australian ICOMOS Charter for the Conservation of Places of Cultural Significance (the Burra Charter) and the NSW Heritage Manual (NSW Heritage Office)



http://www.heritage.nsw.gov.au/



Minimum Outputs A written report and/or EIS section summarising the findings of the above.

Relevant plans, photographs, maps or diagrams.

Provision of information in a format suitable for inclusion in the State Heritage Inventory and the RTA Heritage and Conservation Register as appropriate.



L.4.23. Land use

Objective Assess effect of the proposal on current and proposed land use.

Key Issues/Activities Assess current and future land use including:

Description of existing land use and impacts of the proposal on those uses

Description of proposed land use changes and impacts of those changes

Assess the impact of the proposal on various current and proposed land uses / zones. Include direct impacts and impacts on accessibility

Identify agricultural land quality and likely impact of the project at both route determination (for areas of further investigation) and detailed EIS Stages. This should include:

The nature and extent of agricultural lands in the study area

Current agricultural uses in the study area, the nature and extent of properties and enterprises including major agricultural products

Impacts on agricultural production and value

Potential impacts of route options on future agricultural land use and potential for alienation from agricultural use arising from road construction

Direct and indirect losses due to road construction. (Eg roads, sheds, other specialist facilities, water supply, drainage and farm roads and access)

Impacts at the individual property level including impacts on farm management and viability and potential re-sale of severed land to adjoining landholders to maintain the prime land; and

Detailed consultation with affected landholders.



Minimum Outputs Land use report and/or EIS section

Agricultural land use report (where relevant)

Maps including a description of current and possible future land use and agricultural properties affected by the project.



L.4.24. Economic Assessment

Objective To identify all relevant economic impacts of the proposal.

Key Issues / Activities Road user cost benefit analysis. The term “road user cost benefit analysis”

(RUCBA) is to be used at all times and should not be shortened by omitting the words “road user”. Report on the comparative RUCBA used in the assessment of options. Include a sensitivity analysis as required in the RTA Economic Analysis Manual. Include a note that the analysis is based on the full capital cost of the proposed activity inclusive of any environmental mitigation measures in the design proposal. Note further that this is a conservative approach if no dollar benefit has been identified and measured corresponding to these costs; resulting in a lower road user cost benefit ratio.

An expanded cost benefit analysis (CBA) which applies agreed dollar figures for those incremental costs and benefits associated with environmental externalities to the RUCBA. This analysis is to:

Address only those externalities for which there are agreed values (normally, it would be expected that a range of values would be used.) the RTA’s Economic Services and Support Branch should be consulted in relation to agreed values.

Include a clear statement as to which externalities are included and emphasise that other matters are not included.

Any other non road user economic parameters that have been assessed, either quantitatively or qualitatively. These should not be included in the RUCBA but should be discussed separately. As much as possible, a “full cost” or “cradle to grave” approach should be used, with environmental externalities incorporated into the economic analysis. Refer to the RTA Economic Analysis Manual for guidelines on detailed approaches and techniques and approximate economic parameter values to use.

Descriptive economic impacts. The likely impacts on local people or businesses (urban and rural) both long term and during construction.

A sensitivity analysis which addresses the impact of induced traffic. This should include:



Adoption of estimated induced traffic derived from the traffic modelling used for the proposed activity

Estimation of the direct benefits to induced traffic over the analysis period

Estimation of the direct costs to other road users arising from induced traffic over the analysis period, considering both the proposed activity under consideration and roads in the wider area

Estimation of externality costs arising from induced traffic over the analysis period, considering both the proposed activity under consideration and roads in the wider area. This analysis should be based on:

Agreed dollar figures for costs established under the expanded CBA as discussed above

A qualitative assessment of costs which do not have agreed dollar figures.

Re-examination of all the likely economic impacts of the proposed activity discussed above. This should include a reconsideration of the benefit cost ratios noted above and recalculation if necessary.

All material should be presented in an economic analysis matrix or similar format which provides a succinct summary of all economic impacts of the proposed activity as discussed above.

Relate the study to the principles of ecologically sustainable development in Schedule 2 of the Environmental Planning and Assessment Regulation.

Minimum Outputs Economic analysis report and/or EIS section.



L.4.25. Social Impact Assessment

Objective To identify the expected social impact of the project and possible environmental safeguards and measures.

Key Issues / Activities

Minimum Requirements Establish critical baseline data about the affected community. Describe the

local and regional demographics, community structure and patterns. Include relevant findings from any existing Federal, State or Local government community strategies or programs applying to the affected community.

Discover qualitative matters of importance to the community – issues, concerns, values, needs, special community features. Include issues identified through previous community and agency involvement.

Discuss elements of option selection and/or concept design that have helped to avoid or minimise social impacts.

Identify and consider the advantages and disadvantages of the proposal for various elements of the community: the State community, the regional and local community; and on individuals directly and indirectly affected by the proposal. Consider issues such as but not limited to: safety access livelihood amenity property health (physiological and psychological). Other matters that might be included under these general criteria are, eg: displacement, intrusion, community cohesion, security, severance, recreation.

Consider social advantages and disadvantages likely to arise from biophysical or economic impacts such as noise, air quality, land use, commercial and employment impacts.

Determine the most effective environmental safeguards and measures aimed at avoiding or minimising identified impacts; and mitigation measures for impacts remaining after avoidance / minimisation. Include a discussion of the potential for environmental safeguards or measures identified in all parts of the EIS to address the identified social impacts. Identify any additional safeguards or measures applicable to those impacts.

Relate the study to the principles of ecologically sustainable development in Schedule 2 of the Environmental Planning and Assessment Regulation.



Extended Requirements Use extended material sources such as social plans, attitudinal surveys,

consultation findings in establishing baseline community data. Undertake surveys of community values and needs.

Provide a detailed analysis of the likely social impacts of particular biophysical impacts such as noise and work with acoustic specialists, road designers, community involvement specialists and the community to propose modifications to design or other measures to avoid or minimise those impacts.

Consider equity of beneficial and adverse impacts on different groups or individuals

Explore and propose to other EIS team members as appropriate opportunities to enable the local community to better assess likely impacts and suggest solutions (eg recordings of different noise levels, mapping of noise contours and visual catchments, video simulations, tours of similar projects)

Minimum Outputs Social impact assessment report and/or EIS section.



L.4.26. Associated Infrastructure and Activities

Objectives Identify associated infrastructure and activities

Assess their environmental impacts

Propose mitigating and management measures.

Key Issues / Activities List all ancillary activities, such as batch plants, compounds, stockpiles,

geotechnical and surveying investigations, loop cutting

Identify likely sites where possible. If sites are not known, identify most suitable likely locations and any ‘no go’ areas.

Identify and assess site specific impacts if these can be determined. If they cannot, identify and assess typical impacts.

Determine the most effective environmental safeguards and measures aimed at avoiding or minimising identified impacts; and mitigation measures for impacts remaining after avoidance / minimisation. Relate this to site specific and/or typical proposals. Include industry standards as appropriate.

Minimum Outputs Associated infrastructure and activities report and/or EIS section.



L.4.27. Operation Hazards and Risks

Objective Examine the risks of accidents involving hazardous goods.

Key Issues/Activities Determine traffic volumes, heavy vehicles and accident records

Determine existing and proposed traffic and road conditions

Determine nature of adjoining and potentially affected land use and water bodies

Undertake risk assessment for road users and natural systems

Comment on transportation of hazardous goods and emergency procedures

Comment on construction considerations


Minimum Outputs Hazards and Risks report and/or EIS section.



L.4.28. Energy

Objective Develop a project energy statement.

Key Issues/Activities Determine energy required for road construction and consumed during

operation

Advise on energy conservation measures and calculate possible energy savings, including if the project were not to proceed

Identify local energy sources/resource sterilisation; and

Advise on energy conservation measures


Minimum Outputs Report and/or EIS section on project energy considerations.



L.4.29. Cumulative Impacts

Objective Examine the proposal in its relationship with existing and proposed transport infrastructure and systems and to other developments occurring or proposed.

Key Issues/Activities Examine possible cumulative impacts in relation to:

Impacts of the proposal in conjunction with other existing or proposed road improvements

Impacts of the proposal in conjunction with other existing or proposed development

Synergistic impacts of project impacts.

Consider project impacts in relation to plans / projects / proposals discussed in strategic setting of the proposal

Consider existing and past land uses and impacts that have occurred in the vicinity of the proposal and whether the affected environment has had time to recover before any new impact is to occur (ie. resilience of the receiving environment).

Consider the proposal in relation to other road proposals/route development and the likely effect of that overall development on, eg. settlement, urban development, transport modes.

Identify potential future activities and the influence the proposal would have on other development (ie. would the proposal attract other development which would have adverse or beneficial environmental impacts which would not otherwise have occurred).

Assess whether the road would prevent, inhibit or improve.

The development of other forms of transport now or in the future; or

The viability of other transport modes now or in the future.

Identify any likely cumulative impacts from any of the social, environmental and economic issues identified above.

Discuss likelihood of synergistic impacts (ie. where the total effect is greater than the sum of the individual parts), including interaction of mitigation strategies

Assess cumulative use of resources.




Minimum Outputs Cumulative Impacts report and/or EIS section. This should provide a summation of the likely interrelationship between the proposal and other factors in terms of their combined environmental impacts. This should be both primary, in terms of direct environmental impact, and secondary, in terms of shifts of traffic or of the possible effect on development and on other transport modes, and the consequent environmental impacts arising.



L.4.30. Mitigating Measures A separate section is to be included in the EIS which compiles all measures proposed to mitigate any adverse impacts of the activity.

L.4.31. Obtaining Approvals A separate section should be included in the EIS which lists other approvals that need to be obtained before the activity can be carried out.



L.4.32. Environmental Management

Objective Provision of information as to how the construction, operation and maintenance of the proposal will be managed to ensure the application of environmental safeguards and mitigating measures identified in the EIS.

Key Issues / Activities Summarise the process adopted by the RTA to ensure that all conditions to

approval of the Minister for Infrastructure and Planning are carried through into design drawings, a Project Environmental Management Plan, tender specifications, tender assessment, , a Contractor’s EMP, project environmental management, project handover and ongoing maintenance activities.

Relate the process undertaken to the principles of ecologically sustainable development included in Schedule 2 of the Environmental Planning and Assessment Regulation.

Minimum Outputs A section of the EIS which provides clear public information on the RTA’s environmental management process should the proposal be approved.



L.4.33. Justification for Proposal

Objective A concluding section which summarises other information in the EIS to establish the justification for the proposal.

Key Issues / Activities Assess and summarise information in the EIS to establish the justification for the proposal in terms of biophysical, economic and social issues and the principles of ecologically sustainable development as defined in Schedule 2 of the Environmental Planning and Assessment Regulation.

Minimum Outputs Concluding section of the EIS.



L.4.34. Ecologically Sustainable Development

Objective Discussion of the principles of ESD incorporated throughout the EIS.

Key Issues / Activities Consult the draft DIPNR Practice Guideline, ESD in EIA (DIPNR 1995)

In all major sections of the EIS, the four principles included in Schedule 2 of the Environmental Planning and Assessment Regulation are to be specifically identified and comments made on each - even if this is simply that the particular principle is not applicable to this section of the EIS and that the reader should refer to other sections for more details.

Typically, sections on need, selection of options, impacts of preferred option and proposals for ongoing environmental management should each include a discussion of each of the four ESD principles.

In addition, the very fact that an environmental impact statement is being prepared; and that a structured options selection process is undertaken, should be noted as matters that contribute to addressing ESD principles, as they provide detailed information about the proposal and enable its public discussion in coming to a decision on whether it should proceed - and if so, subject to what mitigating measures and conditions to approval.

Minimum Outputs Discussion of the principles of ESD in each of the major sections of the EIS.

Summary of those findings in Justification of the Proposal.



L.4.35. Conclusion

The conclusion to the EIS should summarise the environmental outcomes of the proposed activity:

Major beneficial outcomes

Major adverse outcomes

In relation to adverse outcomes, it should:

Summarise the major potential impacts that were identified at the outset / during the course of the study

List those which have been avoided (including those avoided as a result of option / route selection, urban design etc)

List those that have been minimised

List those that have been mitigated (including those for which it is intended to compensate)

List those which cannot be avoided, minimised or mitigated.



L.4.36. Community Involvement

Objective Formulate, implement and manage a comprehensive community involvement program.

Key Issues/Activities The program will include, subject to RTA concurrence:

Formulate a community involvement plan

Submit a plan for approval a minimum of two (2) weeks prior to plan implementation

Facilitate a community focus group

Identify key community groups and contacts

Identify, establish points of contact and prepare an accurate mailing list of community/stakeholders that will be involved in community consultation eg. government and non-government organisations, community groups and associations, political representatives, families/households, businesses, institutions, road user groups etc

Prepare display material and staffing of displays in accordance with the community involvement plan

Prepare route selection display material and organise, set up and staffing of such display

Prepare EIS exhibition material and organisation and set up of such EIS exhibition

Prepare drafts of media advertisements and press releases (all drafts to be forwarded to the Project Manager before finalisation)

Prepare, conduct and assess the outcome of household interviews including contact directly with all affected landowners

Provide a free call or toll free community telephone hotline 24 hours per day, with a personal response of not more than one working day. Maintain a call log.

Information/advice contained in the above consultation exercises would include the following, depending on the stage of the program:

Explanation of progress with the project

The project development process and options

The way in which the project is being conducted

Who is undertaking the investigations

An invitation to provide input to the project

An invitation to make submissions on the project (in response to route option and EIS exhibition).



Prepare and distribute (x number) community information sheets. (All drafts to be forwarded to the Project Manager before finalisation.)

Minimum Outputs Community Involvement Plan

Minutes/Reports of meetings with community focus groups

Material for public display in accordance with the Community Involvement Plan

Material supporting the route selection display (1 location)

Material supporting the public exhibition of the EIS (2 locations)

Information Sheets

Newsletters

Public Exhibition Summary Report.



L.4.37. Commonwealth Environment Protection and Biodiversity Conservation Act 1999

Objective Clear guidance on the need for referral to the Commonwealth Environment Minister.

Key Issues / Activities In addition to any specific matters included elsewhere in this brief:

Provide a list of each NES matter and Commonwealth land

Identify those NES matters / Commonwealth land on which the proposed activity has no impact

Identify those NES matters / Commonwealth land on which the proposed activity is considered unlikely to have a significant impact, with a cross reference to where they are discussed in the EIS

Identify those NES matters / Commonwealth land on which the proposed activity is considered likely to have a significant impact, with a cross reference to where they are discussed in the EIS.

Include a discussion of any referral action to the Commonwealth Environment Minister and its outcome.

Minimum Outputs Report and/or EIS section on implications of the EPBC Act and any actions taken as a result.

Certification of Environmental Management Plan

RTA Environmental Impact Assessment Guidelines, Version 4 M-1


This Appendix applies to Chapter 9.3.4

Certification of Environmental Management Plan

M-2 RTA Environmental Impact Assessment Guidelines, Version 4

CERTIFICATION ENVIRONMENTAL MANAGEMENT PLAN for (Project)

This Environmental Management Plan has been prepared to ensure that all environmental requirements arising from the assessment and determination of the (REF or EIS), RTA policies and State and Federal legislative requirements are implemented during development [and, as appropriate, operation and management] of the project. It also includes other matters concerning environmental management as appropriate to the project.

Name: (print)…………………………………………………..……

Signed:................................................................................................

RTA Project Manager...................................................…………….

Date:

Signed:...............................................................................................

RTA Environmental Adviser

Date:

Commonwealth Environment Protection and Biodiversity Conservation Act 1999

RTA Environmental Impact Assessment Guidelines, Version 4 N-1

N. Commonwealth Environment Protection and Biodiversity Conservation Act 1999

This Appendix applies to Chapter 5.2.1


N-2 RTA Environmental Impact Assessment Guidelines, Version 4

N.1 EPBC Act requirements For detailed information on the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) and related Commonwealth requirements and information, you should consult www.environment.gov.au – the Commonwealth Department of Environment and Heritage home page. There is also a guide to implementation at www.dipnr.nsw.gov.au – the DIPNR home page.

Under the EPBC Act, any action which:

has a significant impact on a matter of national environmental significance (an NES matter); or

has a significant impact on Commonwealth land,

triggers the Act and therefore requires Commonwealth environmental impact assessment and approval. If an action does not have one of these effects, it does not trigger the EPBC Act and assessment and approval is under the NSW EP&A Act only.

The current list of matters of national environmental significance is:

world heritage properties

National Heritage places

wetlands of international importance

Commonwealth listed threatened species and ecological communities

Commonwealth listed migratory species

nuclear actions

Commonwealth marine areas.

An action is defined in the EPBC Act to include:

a project

a development

an undertaking

an activity or series of activities

an alteration of any of the above.

An action does not include the provision of funding.

As a result:

all RTA REFs and EISs need to consider the implications of the EPBC Act.

This is needed so that it can be decided whether the EPBC applies and if so what consultation and assessment process is needed.

Details of how to do this are provided in N2 – N5 below.


http://www.dipnr.nsw.gov.au/



Note that, in relation to Commonwealth land, the impact can be significant even if the action is undertaken outside Commonwealth land. Conversely, an action taken on Commonwealth land can be significant even if the impact occurs outside Commonwealth land.

The power to determine if an action will have a significant impact on an NES matter or on Commonwealth land rests with the Commonwealth Environment Minister. There are provisions for matters to be referred for decision by way of the Commonwealth Department of Environment and Heritage. More information is provided in N6.

To avoid duplication between State and Commonwealth processes, the EPBC Act allows for bilateral agreements between the Commonwealth and the States in relation to both environmental impact assessment and approval. At the time of writing, the Commonwealth and NSW are negotiating an assessment bilateral agreement. The Commonwealth does not intend to introduce approval bilaterals in the short term.

This has the following consequences:

In accordance with an assessment bilateral agreement (and in the absence of such an agreement, as negotiated on a project-by-project basis), the Commonwealth will accredit the NSW environmental impact assessment process. Thus, only one environmental impact assessment process will need to be undertaken for proposals which trigger the EPBC Act. (Note that the Commonwealth – NSW assessment bilateral agreement does not cover REFs).

All proposals which trigger the EPBC Act will need two approvals – one under the NSW EP&A Act and the other under the EPBC Act.

Figure 9 provides an outline of the relationship between the NSW and Commonwealth requirements in the EIA process.

In relation to Figure 9, the process shown after the question “What is the nominated assessment document?” allows for two options – REF and EIS. It is likely that in nearly all cases the RTA would undertake an EIS. Nevertheless, a significant impact in terms of the EPBC Act does not necessarily imply an EIS. Accordingly, Figure 9 provides for the possibility of a REF to address significant impacts under the EPBC Act. If the Commonwealth Environment Minister nominates a REF as the appropriate assessment document, you should seek advice from Regional environmental staff.



Figure 9 Commonwealth Involvement in EIA Process

RTA - likelysignificant impact on

NES matters orCommonwealth land?

RTA refers to EA seeking determination ofCommonwealth Environment Minister

Determination -significant

impact?

What is thenominatedassessment document?

Consult DEHInclude Commonwealth

requirementsAdvertise nationally

Exhibit

Consult DEHInclude Commonwealth

requirementsAdvertise nationally

Exhibit

Seek approval ofCommonwealth Environment

Minister Proposal approvedby Minister for

Infrastructure &Planning (NSW

process)?

Complete DecisionReport

Complete DecisionReport. Incorporate

Commonwealthapproval conditions

Proceed under NSW process

DIPNR seeks approvalof Commonwealth

Environment Minister

RTAApproval?

ApprovalGranted?

ApprovalGranted?

Proposal does notproceed

Proposal proceedsNO

NO

NONO

NO

NO YES or UNCERTAIN

YES

REF EIS

YES YES

YES YES



N.2 Reviews of environmental factors – meeting EPBC Act requirements

Every RTA REF needs to give specific consideration to impacts on each NES matter. In addition, every REF needs to give specific consideration to any effects on Commonwealth land. See Appendix A.

As noted in relation to Figure 9, it is possible (but unlikely) for a REF to be nominated by the Commonwealth Environment Minister as the appropriate environmental impact assessment document under the EPBC Act. See N7. In this case, the REF will be subject to Commonwealth requirements for advertising. See N8.

Because of the referral requirements under the EPBC Act, and in particular the level of detail needed in referrals (see N 8), referral is unlikely to occur until after completion and assessment of the REF. However, if a possible significant impact on an NES matter or Commonwealth land is identified during preparation of the REF, you should consult Regional environmental staff about the possibility of making a referral at that time.

N.3 Decision reports – meeting EPBC Act requirements

N.3.1. NSW / Commonwealth relationship In most circumstances, it is likely that if there is no significant impact in terms of the EP&A Act, there will also be no significant impact in terms of the EPBC Act. Similarly, it is likely that if there is a significant impact in terms of the EPBC Act, there will also be a significant impact in terms of the EP&A Act.

However, these situations cannot be presumed.

In all cases, you need to consider the question of likely significant impact in terms of the EP&A Act separately to the EPBC Act. It is possible, for example, that there will be no significant impact in terms of the EP&A Act but a significant impact in terms of the EPBC Act.

The relationship of significance of impact to type of environmental impact assessment document under the EPBC Act is different to that under the EP&A Act. Under the EP&A Act, identification of a significant impact requires preparation of an EIS. Under the EPBC Act, identification of a significant impact may require either a REF or an EIS. This will be identified by the Commonwealth Environment Minister in response to the referral. (However, it is considered that in most cases, the RTA would undertake an EIS). See N7. The situation will need to be decided on a project by project basis.

In preparing a Decision Report and before finalisation, you need to consider whether impacts in relation to NES matters and Commonwealth land are likely to be significant.



N.3.2. Assessing likely significance The Commonwealth has provided Administrative Guidelines to assist in assessing whether an action is likely to have a significant impact on any of these NES matters. The Administrative Guidelines are available at www.environment.gov.au - the Commonwealth Department of Environment and Heritage home page. Note that these are guidelines only, to help in your assessment.

The Commonwealth has provided no guidance on assessing significance of impact on National Heritage places or on Commonwealth land. Unless the extent of impact, direct and/or indirect, is so minor that you can be certain, all RTA proposed activities that affect a National Heritage place or Commonwealth land will need to be referred to the Commonwealth Department of Environment and Heritage to seek a determination from the Commonwealth Environment Minister as to the significance of the impact.

If you are certain that the proposed activity does not affect a National Heritage place or Commonwealth land and that it will have no effect, or no significant effect on any other NES matter, there is no need to give any further consideration to the EPBC Act. The proposed activity can proceed to determination under usual NSW procedures.

If you are uncertain whether the proposed activity will have a significant effect on NES matters or on Commonwealth land, you should advise the Project Manager to refer the matter to the Commonwealth Department of Environment and Heritage, seeking a determination from the Commonwealth Environment Minister. You are strongly advised to recommend referral when you are uncertain, as the determination from the Commonwealth Environment Minister will provide protection against the penalty provisions of the EPBC Act.

Similarly, if you consider that the proposed activity is likely to have a significant effect on NES matters or on Commonwealth land, you should advise the Project Manager to refer the matter to the Commonwealth Department of Environment and Heritage, seeking a determination from the Commonwealth Environment Minister.

Where consideration and assessment of the REF indicates that referral to the Commonwealth Department of Environment and Heritage is needed, the Decision Report should not be completed until all action arising from that referral has been finalised. Where that action requires submission of an assessment report to the Commonwealth Department of Environment and Heritage, a late draft of the Decision Report can be used.

For examples of Decision Reports see Appendix B.

For more information on referrals see N 6.




N.4 Part 5 EISs – meeting EPBC Act requirements All EISs must include specific reference to NES matters and whether Commonwealth environmental requirements are triggered. This applies even if there is no impact, or no significant impact, on NES matters; in order to demonstrate that specific attention has been given to whether there is any impact. The EIS should list (for example, at the beginning of that part which deals with environmental impacts) each of the NES matters and identify:

Those matters upon which the proposed activity has no impact or which are not relevant to the proposed activity (for example, nuclear actions), with a statement that they are not considered further in the EIS

Those matters upon which the proposed activity has, will have or is likely to have an impact which is not significant in accordance with Commonwealth guidelines, with a cross reference to where they are discussed in the remainder of the EIS

Those matters upon which the proposed activity has, will have or is likely to have a significant impact in accordance with Commonwealth guidelines, with a cross reference to where they are discussed in the remainder of the EIS.

In the following circumstances, and before you can confirm the matters noted above, you will need to refer the matter to the Commonwealth Department of Environment and Heritage, seeking a determination from the Commonwealth Environment Minister as to whether there is a significant environmental impact in terms of the EPBC Act:

If the proposed activity affects Commonwealth land (directly or indirectly)

If you consider that the proposed activity has, will have or is likely to have a significant impact on NES matters,

If you are unsure whether the proposed activity has, will have or is likely to have a significant impact on NES matters,

For more information on referrals see N 6.

It is possible for an EIS to be nominated by the Commonwealth Environment Minister as the appropriate environmental impact assessment document under the EPBC Act. See N 7. In this case, the EIS will be subject to Commonwealth requirements for advertising. See N 8.

N.5 Representations reports - meeting EPBC Act requirements

In its section on Consideration of the EIS, the Representations Report should include a separate sub-heading for Matters of National Environmental Significance and Commonwealth Land. It should discuss the findings of the EIS in relation to NES matters and Commonwealth land. This applies to all Representations Reports, even if the EIS (and, if relevant, referral) established that there was no impact, or no significant impact, on any NES matters.



Throughout other sections of the Representations Report, specific reference should be made as appropriate to NES matters and Commonwealth land – for example, if a mitigating measure or project modification is proposed as a direct result of impacts; or in part as a result of impacts; on an NES matter or Commonwealth land, this should be noted.

N.6 Referrals to the Commonwealth Environment Minister

Essential requirements for referrals:

You do not need to refer if you are confident that the action does not have, will not have or is unlikely to have any impact (direct or indirect), or any significant impact, on Commonwealth land or on an NES matter.

You should refer if you are uncertain whether the action has, will have or is likely to have a significant impact. Note that penalties apply for undertaking an action which has a significant impact on NES matters; or on Commonwealth land; without an approval from the Commonwealth Environment Minister. Thus if you are uncertain, obtaining a determination from the Commonwealth Environment Minister will provide protection.

You should refer if you consider that an action has, will have or is likely to have a significant impact.

You should refer if you affect a National Heritage place or Commonwealth land.

Referrals to the Commonwealth Department of Environment and Heritage are to be made by the Project Manager, with advice as necessary from environmental staff. A referral form is available at www.environment.gov.au - the Commonwealth Department of Environment and Heritage home page. In making a referral, you should also seek agreement that, if the Minister decides that there is a significant impact in relation to an NES matter or Commonwealth land and the Minister’s approval will be required, NSW environmental impact assessment processes will apply as the accredited process. This would be either in accordance with an agreed assessment bilateral agreement, or (prior to agreement on the bilateral) in relation to this proposal alone. In the latter case, a form is available at the Commonwealth Department of Environment and Heritage home page.

Referrals should be sent to:

Referrals Section (EPBC Act) Approvals and Legislation Division Department of Environment and Heritage GPO Box 787 CANBERRA ACT 2601

Referrals can be submitted electronically to: [email protected]

In accordance with a direction from the NSW Cabinet Office, a copy of the referral is to be provided to the Director-General of the DIPNR.




The Manager Environmental Planning and Assessment in Environment Branch is to be advised of all referrals made. This advice is to be in the form of an e mail message, setting out:

Project name

Status of environmental impact assessment on which referral is made– that is, REF, EIS, Statement of Environmental Effects or associated documentation.

Referral date

Whether the referral is made on the basis that the RTA is unsure if the action is a controlled action; or that the RTA considers that the action is a controlled action.

Substantial project and environmental information is required to accompany the referral. Therefore, while you can refer at any time, it is unlikely that sufficient information will be available until the environmental impact assessment process is well advanced. If a REF has been prepared, it should usually have sufficient information for a referral. If an EIS is being prepared without a prior REF, however, you might need to delay referral until sufficient information is available. In some circumstances, earlier documents such as options selection studies or preliminary environmental assessments might contain sufficient information if it is decided that referral is required.

Referrals need to be complete and comprehensive. Case law has established that:

The referral must not be misleading in any aspect

The referral must demonstrate that consequential or third party activity related to the primary activity is considered. Usually, a comprehensive consideration of likely cumulative impacts will satisfy this requirement.

The Commonwealth Environment Minister will decide:

Whether there is a significant impact on an NES matter or Commonwealth land and hence whether his or her approval is needed to take the action; and

How the impacts need to be assessed to enable the Minister to make an informed decision whether or not to approve the action

N.7 Determination by the Commonwealth Environment Minister

Once you have referred, the Commonwealth Environment Minister is required to provide a determination as to whether the action will have a significant environmental impact in relation to an NES matter or Commonwealth land.

If you have sought a determination on the basis that you are unsure if an action has, will have or is likely to have a significant impact, the Minister has twenty business days in which to issue his determination.

If you have sought a determination on the basis that you consider an action has, will have or is likely to have a significant impact, the Minister has ten business days in which to issue his determination.

There is a ‘stop the clock’ mechanism if the Commonwealth Environment Minister requires additional information.



The referral will be placed on the Commonwealth Department of Environment and Heritage’s web site and public comments can be made. The Commonwealth Environment Minister will also advise any other appropriate Commonwealth Minister and seek comments.

If the Minister determines that the action will not have a significant impact, there is no further requirement under the EPBC Act. The determination should be placed on file and the position noted in the REF, EIS and/or subsequent assessment documents.

If the Minister determines that the action has a significant impact, the action becomes known as a controlled action. The Minister’s determination is a Notice of Controlled Action. It will specify that the Minister’s approval will be needed and the type of assessment required. It will designate the RTA as the proponent.

The Notice of Controlled Action can relate only to Commonwealth land or to the NES matter or matters which were subject of the referral. These are known as the controlling provisions. The subsequent approval of the Minister also can relate only to these controlling provisions.

The Notice of Controlled Action will be provided to the NSW DIPNR. The DIPNR will advise the RTA immediately (Environment Branch, who will advise the Project Manager).

In relation to NSW requirements for EISs, the DIPNR will issue Director-General’s requirements regardless of whether it has received a Notice of Controlled Action from the Commonwealth. If a Notice of Controlled action is received subsequently, the DIPNR will amend the Director-General’s requirements as necessary.



N.8 Action following determination by the Commonwealth Environment Minister

Once a Notice of Controlled Action, nominating the controlling provisions and the accredited assessment method is received, you must ensure that the assessment (REF or EIS) meets any requirements of the Commonwealth. Consultation with the Commonwealth Department of Environment and Heritage should be undertaken to ensure that all Commonwealth requirements are properly addressed.

The REF or EIS must be advertised nationally. (At the time of writing, it is understood that this will require an advertisement to be placed in The Australian, in addition to EP&A Act advertising requirements.) Public exhibition would usually follow current NSW requirements. The advertisement in The Australian would need to advise:

The nature of the proposed activity

Its location

The NES matters covered (and/or Commonwealth land)

How the REF or EIS can be obtained

The deadline for public comments.

Apart from these requirements, the REF or EIS should be prepared, advertised and exhibited in accordance with normal NSW requirements. However, you should ensure that it covers any matters of interest to the Commonwealth. In particular, you should ensure that it considers all direct and indirect (including cumulative) adverse environmental impacts that the proposed activity might have on an NES matter or on Commonwealth land. This would include those impacts caused by others, such as road users: but only where the impacts are likely and might be significant. Impacts of a more speculative nature do not need to be considered.

N.9 Approval by the Commonwealth Environment Minister While it is unlikely, if the assessment of impacts on NES matters, or on

Commonwealth land, has been undertaken by a NSW REF, the Project Manager should write to the Commonwealth Department of Environment and Heritage, seeking the approval of the Commonwealth Environment Minister to the action. This letter should be accompanied by:

a copy of the REF

a late draft of the Decision Report

a notice under Section 130 of the EPBC Act, to the effect that the likely impacts of the action on things other than the matters included in the controlling provisions have been assessed to the greatest extent practicable; and explaining how they have been assessed – that is, in accordance with NSW REF.

Note 1 DIPNR is considering requiring a separate assessment report (ie National Environmental Significance Assessment – NESA) to accompany any REF or EIS and which could be provided to DEH instead of (or in addition to) the late draft Decision Report. This will be confirmed and these Guidelines amended as necessary.



Note 2 There is a possibility that Section 130 notices will be accepted from State Ministers only. This will be confirmed and these Guidelines amended as necessary.

The Commonwealth Environment Minister generally has thirty days to decide approval from receipt of the request. The Commonwealth Environment Minister can consider only the relevant impacts – that is, those which relate to the controlling provisions as identified in the Notice of Controlled Action. The Minister also considers social and economic matters.

If the Commonwealth Environment Minister approves the action, any conditions can be included in the final Decision Report. See Appendix B. This can then be submitted for approval in accordance with usual NSW practice. See Chapter 6.4.3.

It is unlikely but possible that the Decision Report could recommend that a NSW EIS be undertaken, regardless of whether the Commonwealth Environment Minister has approved the action being undertaken. If this occurs, you should contact Environment Branch for further advice.

If the assessment of impacts on NES matters, or on Commonwealth land, has been undertaken by a NSW EIS, the approval process is more straightforward. If the proposed activity has been approved by the Minister for Infrastructure and Planning, the DIPNR will undertake any necessary action for approval of the Commonwealth Environment Minister. The DIPNR will forward to the Commonwealth Department of Environment and Heritage, as the assessment report required by the EPBC Act, a copy of the report from the Director-General of the DIPNR to the Minister for Infrastructure and Planning. The DIPNR will also send the notice under Section 130 of the EPBC Act. The DIPNR will advise the RTA whether the Commonwealth Environment Minister grants approval to the action.

No works can take place until both the NSW and Commonwealth approvals have been granted.

N.10 Part 4 EISs The requirements of the EPBC Act apply to Part 4 matters in much the same way that they apply to Part 5 matters. The EIS must address impacts on NES matters and on Commonwealth land. It is the RTA’s responsibility as proponent to consider whether referral is required to the Commonwealth Department of Environment and Heritage and to undertake any consequent action. This responsibility cannot be transferred to Council in connection with the submission of the development application. Thus, the EIS itself needs to incorporate all relevant matters arising from consideration of the EPBC Act.

The main difference between Part 4 and Part 5 EISs relates to seeking approval from the Commonwealth Environment Minister, including submission of a certificate under Section 130 of the EPBC Act. At the time of writing, the position remains somewhat uncertain, although it seems that Council may not be able to undertake this role. It is a matter that will be determined in consultation between the DIPNR and the Commonwealth Department of Environment and Heritage. The impact on the RTA will be advised as it becomes clearer but in the interim you simply need to submit the development application and leave these other matters to Council. For further advice, contact Regional environmental staff.



N 11 Permits In addition to, and quite separate from, the matters discussed in the rest of this Appendix, a permit is required under Part 13 of the EPBC Act if:

The proposed activity affects a Commonwealth area (land owned or leased by the Commonwealth); and

The RTA proposes to take an action which results in:

the death or injury of a member of a native species or a member of an ecological community; or as member of a migratory species; or a member of a marine species; and

the member is a member of a listed threatened species (except a conservation dependent species) or of a listed threatened ecological community; or of a listed migratory species; or of a listed marine species; or

The RTA

takes, trades, keeps or moves a member of a native species or a member of an ecological community; or a member of a migratory species; or a member of a marine species; and

the member is a member of a listed threatened species (except a conservation dependent species) or of a listed threatened ecological community; or of a listed migratory species; or of a listed marine species; and

an approval of the Commonwealth Environment Minister has not been required under the EPBC Act.

While this combination of circumstances is likely to be encountered rarely, it should be noted as a possible requirement under the EPBC Act.

Model Consistency Report

RTA Environmental Impact Assessment Guidelines, Version 4 O-1


This Appendix applies to Chapter 7.2

INTRODUCTION Project name.

Approval date.

Description of the proposed modification.

Need for the proposed modification.

CONSISTENCY ASSESSMENT Discuss the consistency of the proposed modification(s) with the conditions of approval. The following questions should be addressed in the order presented. As soon as you answer “yes” to any question, there is no need to go any further – the proposed modification is deemed to be inconsistent with the conditions of approval.

Consistency with conditions other than Condition of Approval 1: Would the introduction of the proposed modification, either by itself or in association with any other proposed modification, result in any condition of approval (other than Condition of Approval 1) not being met?

Model Consistency Report

O-2 RTA Environmental Impact Assessment Guidelines, Version 4

Consistency with Condition of Approval 1: Do the proposed modifications, considered together, result in a radical change

to the approved project as a whole?

Do the proposed modifications, considered together, result in a substantive change to the objectives and functions of the approved project as a whole?

Does any single proposed modification considered separately (or, as relevant, in association with any other proposed modifications) result in a substantive change to the objectives and functions of that element of the approved project which is to be modified AND in so doing does not help to better satisfy any other conditions of approval?

Does any single proposed modification result in any change in impact of such nature or scale (including impact on different people to those who were affected by the approved project) that it would be unreasonable not to make public?

CONCLUSION

CERTIFICATION (Preparer of Report):

This Consistency Report provides a true and fair review of the proposed modifications to the (Project) in relation to its consistency with the approval of the Minister for Infrastructure and Planning.

Name (print)…………………….

Signed:..........................................

Designation:..................................

Date:..............................................

(RTA Project Manager):

I have examined this Consistency Report and the certification by (add name of preparing officer as per certification) and accept the Consistency Report on behalf of the RTA.

Name (print)…………………….

Signed:..........................................

Designation:..................................

Date:..............................................

Index



Index

Index

2 RTA Environmental Impact Assessment Guidelines, Version 4

A Activities, 1-1, 2-2, 2-4, 3-1, 3-2, 4-1, 4-3, 4-4,

4-5, 4-7, 4-8, 4-10, 4-12, 5-1, 5-3, 5-4, 5-5, 5-6, 5-7, 5-10, 5-14, 6-1, 6-3, 6-10, 6-12, 6-13, 6-14, 6-15, 6-17, 6-19, 6-20, 6-22, 6-23, 6-24, 6-26, 6-28, 6-30, 6-31, 6-33, 6-34, 7-1, 7-2, 7-4, 8-1, 8-5, 9-1, 9-2, 9-12, 10-1, 10-2, 12-1, 12-3, 13-1, 13-2, 13-5, 13-7, 14-1, 14-2, 15-2, 16-3

Aggregate crushing plants, 5-6 Assessing officer, 2-4, 6-9, 6-10, 6-13 Asset Management, 2-3, 5-14, 9-3, 9-8, 9-12,

9-14 Auditing, 2-5, 2-6, 4-12, 5-11, 9-1, 9-5, 9-10,

9-11, 9-13

B Bitumen pre mix and hot mix plants, 3-1, 5-6,

8-1

C Certificate of Practical Completion, 2-6, 9-7,

9-12, 17-3 Changes to proposal, 6-24, 6-26, 7-1, 7-2, 7-4,

7-5, 7-6, 9-6, 9-7, 16-1, 16-2, 16-3, A-32 Chief Executive, 2-3, 5-15, 6-3, 6-4, 6-28,

6-30, 6-31, 6-33, 6-34, 7-9, 9-2, 13-2, 13-5, 13-6, 13-7, 15-2, 15-3, J-9, K-7, K-9, K-10, K-11

Coastal wetlands, 5-5, 8-1, 8-4, 14-1, A-17 Commissions of Inquiry. See also Public

Inquiry Commonwealth, 2-3, 5-10, 6-9, 6-12, 6-13,

6-20, 6-33, 8-2, 8-6, 12-2, 13-1, 13-7, 13-8, 14-1, N-11

Community focus meetings, 4-6, 4-8, L-55 Community involvement, 1-3, 4-4, 4-6, 4-7,

4-8, 4-12, 5-1, 5-14, 5-15, 6-8, 6-13, 6-18, 6-20, 6-21, 7-6, 9-6, 13-4, 14-3, L-35, L-36

Compliance Report, 6-34 Concept Stage, 4-4, 4-5, 4-6, 6-8 Concrete batching plants, 3-1, 5-6, 6-20, 8-1 Conditions of approval, 2-5, 6-2, 6-13, 6-31,

6-32, 6-34, 7-5, 9-2, 9-5, 9-6, 9-7, 9-8, 9-11, 13-8, 16-2, 17-2, A-12, B-4, H-2, K-10, L-51, L-53

Consistency with conditions of approval, 7-4

Contractor’s Environmental Management Plan, 2-5, 2-6, 9-5, 9-6, 9-7, 9-8, 9-9, 9-10, 9-11, 9-13, 17-2

Contractor’s performance, 9-11, 17-3 Contractor’s Quality Plan, 9-8, 9-10 Councils, 2-2, 5-5, 5-8, 5-11, 5-12, 6-9, 6-10,

8-1, 8-2, 8-4, 8-5, 8-6, 12-3, 13-3, 14-2, 15-2, A-4, A-14, A-17, A-25, A-38, A-39, A-42, I-2, I-3, J-11, K-3, L-5, L-27, L-38, N-13

Crushing, grinding or separating works, 3-1, 8-1, 8-2, I-3, I-5

Cumulative impacts, 1-3, 4-2, 4-3, 4-4, A-12, C-1, I-6, L-3, L-30, L-48, L-49, N-11

D Decision Report, 1-4, 2-4, 6-9, 6-13, 7-2, 7-8,

9-2, 12-4, 16-3, 16-5, A-2, A-44, B-1, B-2, B-6, N-5, N-6, N-11, N-12

Department of Environment and Conservation, 6-25, 9-6, 13-5, 13-7, A-28, A-31, A-43, A-45, K-5, L-15, L-20, L-21, L-23

Department of Environment and Heritage, 2-3, 6-12, 6-16, 8-6, A-36, A-46, B-4, B-8, H-2, H-3, K-6, L-30, N-2, N-3, N-6, N-7, N-8, N-10, N-11, N-12

Department of Infrastructure, Planning and Natural Resources, 1-2, 4-3, 9-6, A-17, A-23, A-24, A-26, A-29, A-41, B-7, H-2, H-3, I-2, K-3, K-5, K-6

Design drawings, 9-9, 17-2, L-51 Designated development, 5-4, 5-5, 5-8, 6-15,

8-1, 10-2, 14-1, 14-2, A-21, A-30, I-1, I-2 Detailed Assessment Stage, 1-3, 4-2, 4-4, 4-5,

4-7, 4-8, See also Chapters 5 to 8 Determination, 2-3, 6-3, 6-12, 6-24, 6-28,

6-30, 6-32, 6-33, 6-34, 7-1, 7-2, 7-6, 8-5, 9-1, 9-2, 9-13, 10-2, 13-2, 13-6, 13-8, 16-3, 16-5, 17-1, 17-2, B-4, B-8, H-1, J-11, J-12, K-8, K-10, K-11, L-40, M-2, N-6, N-7, N-8, N-9, N-11

Development application, 5-4, 5-5, 5-7, 5-8, 8-4, 8-6, 10-2, 14-2, 14-3, A-21, A-43, F-2, F-3, I-2, J-11, N-13, See also Chapter 8

Direct control projects, 2-7, 5-10, 9-3, 9-14, 17-1

Director-General of the DEC, 5-14, 5-15, 6-4, 6-22, 6-23, 6-24, 6-30, 6-34, 8-5, 13-6, 13-7, F-4, J-5, See also Chapter 15

Index


Director-General of the DIPNR, 2-3, 5-14, 6-18, 6-23, 6-24, 6-29, 6-30, 6-31, 6-33, 7-4, 8-2, 8-4, 9-2, 13-4, 13-6, 13-7, 14-3, K-2, K-8, K-9, N-12

Director-General of the DPI, 2-3, 6-4, 6-22, 6-23, 6-30, 6-31, 6-34, 8-5, 13-6, 13-7, J-3, J-5, J-7, J-9, J-12, See also Chapter 15

E Ecologically sustainable development, 4-2,

4-3, 4-4, 6-21, A-49, D-3, J-6, J-7, J-9, L-3, L-6, L-7, L-16, L-17, L-18, L-19, L-20, L-24, L-26, L-27, L-31, L-32, L-36, L-38, L-40, L-42, L-46, L-47, L-48, L-51, L-52

Environment Branch, 1-1, 2-1, 2-3, 2-4, 3-2, 5-5, 5-6, 5-8, 6-11, 6-14, 6-16, 6-23, 6-25, 6-28, 6-31, 6-33, 7-8, 8-1, 8-6, 9-2, 9-10, 11-1, 12-4, 13-4, 13-7, 13-8, A-39, I-2, J-13, K-8, K-10, N-9, N-10, N-12

Environment Protection and Biodiversity Conservation Act, 2-3, 5-10, 12-2, 13-1, 14-1, 16-4, A-36, B-4, B-6, L-28, L-57, N-2

Environmental Impact Statement, 1-4, 2-4, 3-2, 7-9, 9-1, 9-2, 9-9, 10-1, 10-2, 12-2, 15-3, 16-2, 16-3, 16-4, A-21, A-30, B-8, D-1, E-2, F-2, F-3, J-8, K-6, See also Chapters 4, 8, 13 & 14

Environmental management, 2-7, 4-1, 4-4, 4-9, 4-12, 5-1, 5-3, 5-9, 9-1, 9-3, 9-5, 9-8, 9-10, 9-11, 9-12, A-22, L-11, L-51, L-53, M-2

Environmental Management Plan, 1-4, 2-4, 2-5, 4-10, 4-12, 5-9, 6-20, 9-3, 9-5, 10-3, 17-1, A-48, E-2, M-2

Environmental Planning and Assessment Act, 1-1, 1-2, 2-2, 3-1, 3-3, 5-5, 5-7, 5-9, 5-11, 6-1, 6-9, 6-10, 6-12, 6-13, 6-14, 6-17, 6-18, 6-26, 7-4, 8-1, 8-2, 8-4, 8-5, 8-6, 10-1, 10-2, 12-1, 12-3, 13-1, 13-4, 13-7, 14-1, 14-3, 15-1, 15-2, 15-3, 16-1

~ Part 4, 5-5, 5-6, 5-8, 6-15, 10-2, 13-3, 15-3, 15-4, A-21, A-30, F-1, I-1, I-2, J-11, J-12, N-13, See also Chapters 8 and 14

~ Part 5, 5-5, 5-6, 5-7, 5-8, 5-9, 5-11, 8-1, 8-2, 8-6, 10-2, 12-1, 12-3, 13-1, 15-1, 15-3, 15-4, 16-1, A-4, A-15, A-44, F-1, I-2, I-3, J-1, K-1, N-7, See also Chapter 6

~ Section 110, 6-19 ~ Section 110A, 6-19 ~ Section 111, 6-1, 6-9, 6-10, 6-13, 12-1, B-2,

B-7, J-1 ~ Section 112, 6-1, 6-9, 6-18, 6-26, 7-9, 8-4, 15-1 ~ Section 113, 6-18, K-2 ~ Section 115BA, 7-4, 7-9 ~ Section 115BAA, 7-4

~ Section 119, 10-2 ~ Section 123, 10-1 ~ Section 5A, 6-9, 6-13, 6-14, 8-4, 8-5, 12-3, 13-4,

14-3, 15-2, A-33, F-4, J-3, J-4, L-30, L-31 ~ Section 77, 8-4, 14-3, 15-1, J-11 Environmental Planning and Assessment

Model Provisions, 5-7, 5-8, 5-9, A-4, A-9, A-15, L-5

Environmental Planning and Assessment Regulation, 1-1, 5-5, 6-10, 6-18, 6-22, 6-28, 6-34, 8-2, 8-4, 12-2, 13-1, 13-4, 14-1, 14-3, 15-1, 16-1, A-1, A-3, A-49, C-1, D-1, F-2, F-3, I-1, I-2, I-3, K-2, K-4, L-6, L-16, L-42

~ Clause 228, 6-10, 6-13, 13-4, A-1, A-3, A-51, C-1

~ Clause 229, 6-18, 13-4 ~ Clause 230, 6-18, 13-4, F-2 ~ Clause 231, 6-18, 13-4, F-2 ~ Clause 234, 6-18, 13-5, 15-3, K-2, K-4 ~ Clause 235, 6-18, 13-5, K-2 ~ Clause 236, 6-18, 13-5, 15-3 ~ Clause 243, 6-34, 13-5, 13-8, K-10 ~ Schedule 2, 6-18, 8-2, 8-4, 13-4, 14-3, A-49,

D-1, L-6, L-16, L-17, L-18, L-19, L-20, L-24, L-26, L-27, L-31, L-32, L-36, L-38, L-40, L-46, L-47, L-48, L-51, L-52, L-53

~ Schedule 3, 5-5, 14-1, I-1, I-2, I-3 Environmental Technology Branch, 9-10 Environmental Work Plan, 9-13 Exhibition, 4-7, 4-8, 5-1, 6-3, 6-4, 6-11, 6-15,

6-16, 6-18, 6-19, 6-22, 6-24, 6-26, 6-28, 6-31, 7-6, 8-4, 12-4, 13-4, 13-5, 15-3, 16-4, G-2, J-11, K-1, K-2, K-4, K-5, K-6, K-9, K-10, K-12, L-55, L-56, N-11

F Fisheries Management Act, 6-3, A-29, A-33,

A-35, J-1, L-28, L-29

G Geotechnical investigation, 3-2, A-26, L-1,

L-13 Gravel pits, 3-1, 5-5, 8-1, I-2

H Handover, 4-10, 9-11, 9-12, 9-14, 17-1, 17-3,

A-31, A-48, L-51 Heritage, 4-3, 5-3, 5-6, 5-8, 5-12, 9-11, A-10,

A-15, A-20, A-22, A-38, A-39, A-41, A-46, C-2, L-11, L-34, L-36, L-37, L-39, N-2

Index


I Implementation Stage, 1-2, 1-3, 4-4, 4-7, 4-9,

4-10, 4-12, 5-9, A-5, A-11, A-47, See also Chapter 9

Infrastructure Maintenance Branch, 2-4, 6-16 Is an EIS Required?, 6-13, 7-8, A-1, A-3,

A-23, B-2, B-7, H-2, H-3

J Justification, 4-3, 4-4, 6-21, A-49, J-6, J-7,

K-2, K-4, K-5, L-52

L Land acquisition, 3-2, 5-13, 9-7, A-14, A-41,

G-3, L-9 Land and Environment Court, 1-2, 10-1, 10-2,

J-12 Legal challenges, 10-1 Licences, 10-1, 10-2, 10-3, A-11, A-43, A-48,

J-11 Littoral rainforests, 5-5, 5-8, 8-1, 14-1, A-17 Local Environmental Plans, 5-6, 12-3, 13-3,

14-2, A-15, A-17, A-39, A-45, L-5 Local roads, A-21, A-22, C-3, L-11

M Maintenance, 1-2, 1-3, 2-2, 2-3, 2-5, 2-6, 3-1,

5-10, 5-11, 6-1, 6-9, 9-1, 9-2, 9-6, 9-8, 9-11, 9-12, 9-13, 17-1, 17-3, A-5, A-12, A-19, A-26, A-27, A-42, A-44, G-3, I-3, I-6, L-8, L-9, L-15, L-27, L-32, L-51

Maintenance by contract, 2-2, 5-10 Maintenance Engineer / Manager, 6-8, 6-9,

7-1, 9-11, 9-12, 12-2, 16-2, 17-1, 17-3 Maintenance Management System, 9-13 Manager Environmental Planning and

Assessment, 2-3, 6-32, 13-2, 13-5, 13-6, 13-8, 16-4, N-9

Manager, Environmental Planning and Assessment, 6-31, 7-5, G-4

Matters of National Environmental Significance. See NES matters

Metropolitan Strategy (DIPNR), 4-3 Minister for Infrastructure and Planning, 2-5,

5-9, 6-3, 6-4, 6-24, 6-26, 6-29, 6-30, 6-31, 6-32, 6-33, 6-34, 7-4, 7-8, 7-9, 8-2, 8-5, 9-2, 9-5, 10-2, 13-2, 13-7, 13-8, 15-4, 16-3, 16-5, J-8, J-9, J-11, K-8, K-9, L-51, N-12

Minister for Roads, 2-4, 6-16, 6-29, 6-32, J-8 Mitigating measures, 4-7, 4-8, 4-9, 4-10, 5-3,

5-4, 5-9, 5-13, 6-20, 6-22, 6-23, 12-1, 12-3, 14-1, 15-1, A-5, A-44, L-3, L-50, L-53

Modifications to proposal. See Changes to proposal

Monitoring, 2-6, 4-12, 6-20, 9-6, 9-10, 9-11, 9-13, 9-14, A-31, A-32, A-33, A-48, C-3, L-19, L-21, L-23

Motorways, 13-7

N National Greenhouse Response Strategy, 4-3,

L-20 National Heritage Places, A-46, N-2, N-6, N-8 National Parks and Wildlife Service, 2-3, 5-15,

15-2, A-36, A-38, F-4, J-7, K-5, L-35, L-36, L-37

National Strategy for Ecologically Sustainable Development, 4-3

Native Title, 5-13 Need for proposed activity, 1-3, 4-3, 4-4, 4-5,

4-7, 5-1, 5-2, 6-20, 6-26, 12-3, 13-2, 14-2, A-4, A-9, A-12, A-17, L-6, L-53

NES matters, 2-3, 6-12, 6-20, 8-6, A-3, A-46, B-4, B-8, L-57, N-2, N-3, N-5, N-6, N-7, N-8, N-9, N-11, N-12

Network Development Branch, 2-4, 6-16 NSW Fisheries, 6-31, 8-5, 9-6, 15-2, A-35,

A-36, J-3, J-7, J-8, J-10, J-11, K-5, L-30

O Objectives, 5-1, 6-20, 6-26, 12-3, 13-2, 14-2,

A-18, A-32, B-2, B-6, D-1, L-6 Options, 1-3, 4-1, 4-4, 4-5, 4-6, 4-7, 5-1, 5-2,

6-18, 6-20, 8-4, 13-2, 14-2, A-4, A-12, A-18, D-3, E-2, L-7, L-13, L-21, L-32, L-38, L-40, L-41, L-53, L-55

P Pacific Highway Office / Manager, 6-15, 6-34,

12-1, 16-1, K-11 Peer review, 5-14, 6-21, G-4 Performance Specified Maintenance Contracts,

2-6, 9-13 Planning Focus meetings, 4-6, 5-15 Post completion inspection, 2-6, 9-11, 17-3 Preferred Activity Report, 2-5, 6-24, 6-28,

6-31, 7-9, 13-7, G-4, K-8, K-13

Index


Preferred option, 1-3, 4-1, 4-4, 4-5, 4-6, 4-7, 5-1, 5-2, 6-20, 8-5, 12-3, 13-2, 14-2, A-4, A-12, A-18, L-7, L-53

Preliminary Environmental Assessment, 1-4, 3-2, 4-1, 4-7, 4-12, 5-1, 5-15, 6-1, 6-8, 6-9, 6-15, 6-18, A-17

Private sector, 3-2, 3-3, 5-14, 6-9, 6-10, 6-16, L-27

Professional services contract, 2-4 Project Completion Report, 1-4, 2-6, 9-12,

17-1, 17-3, A-48 Project Environmental Management Plan, 2-4,

2-5, 2-6, 4-10, 6-13, 9-8, 17-2, L-51 Project Manager, 2-5, 6-8, 6-9, 6-10, 6-15,

6-16, 6-25, 6-32, 6-34, 7-1, 7-4, 9-2, 9-7, 9-8, 9-10, 9-12, 9-14, 10-1, 12-2, 13-2, 13-3, 13-4, 13-5, 13-7, 13-8, 14-2, 14-3, 15-2, 15-3, 15-4, 17-1, 17-2, 17-3, A-24, A-43, J-5, J-11, K-1, K-2, K-5, L-1, L-35, L-55, N-6, N-8, N-10, N-11

Property, 2-3, 5-12, 9-7, 13-7, A-14, A-39, A-40, A-41, A-42, A-46, C-2, E-2, G-3, L-9, L-10, L-16, L-40

Proponent, 3-3, 6-19, 8-6, 12-3, 12-4, 13-2, 14-2, 16-2, 16-3, B-8, J-5, K-10, N-10, N-13

Protection of the Environment Operations Act, 6-10, 6-20, 6-25, A-5, A-44, K-5, L-4

Protection of the Environment Policies, 6-10, 6-20, A-5, A-11, A-44, L-4

Public inquiry (Commission of Inquiry), 8-5, 10-2

Q Quarries, 3-1, 5-4, 5-5, 8-1, A-21, I-2, L-26

R Reconstruction, 3-1, A-32 Referrals to the Commonwealth Environment

Minister, N-8 Regional environmental staff / adviser, 1-1,

2-1, 2-5, 3-2, 5-4, 5-5, 5-6, 5-7, 5-8, 5-9, 5-12, 6-3, 6-8, 6-9, 6-10, 6-11, 6-12, 6-15, 6-16, 6-23, 7-4, 7-5, 7-8, 7-9, 8-1, 8-6, 9-2, 9-7, 9-8, 9-10, 9-12, 9-13, 11-1, 12-1, 12-3, 13-3, 13-7, 14-2, 16-2, A-39, G-3, I-2, J-8, J-13, K-10, L-1, N-3, N-5, N-13

Regional Manager, 6-15, 6-34, 12-1, 16-1, K-7, K-11

Regional roads, 2-2, 5-11, A-4 Representations Report, 1-4, 2-5, 5-14, 6-1,

6-3, 6-24, 6-25, 6-26, 6-28, 6-30, 6-31,

6-33, 6-34, 7-8, 7-9, 13-2, 13-5, 13-6, 13-7, 15-3, G-1, J-9, K-7, K-9, K-10, K-11, N-7, N-8

Review of Environmental Factors, 1-4, 2-4, 2-5, 3-2, 5-4, 5-10, 5-12, 5-14, 6-2, 6-9, 6-10, 6-11, 6-12, 6-13, 6-14, 6-15, 7-1, 7-2, 7-6, 9-1, 9-2, 9-6, 9-9, 10-1, 10-3, 16-2, 16-4, 17-1, A-1, A-2, A-3, A-4, A-5, A-8, A-9, A-11, A-12, A-13, A-14, A-15, A-16, A-17, A-21, A-22, A-23, A-24, A-33, A-35, A-36, A-37, A-38, A-41, A-43, A-44, A-47, A-48, A-49, A-51, A-52, B-1, B-2, B-4, B-6, B-7, B-8, C-1, H-1, H-3, J-3, J-7, J-8, J-12, K-1, K-2, M-2, N-3, N-5, N-6, N-9, N-10, N-11, See also Chapters 4 and 12

Road Network Infrastructure (RNI), 6-25, 6-28, 6-30, 7-8, 9-2, 12-4, 13-2, 13-5, 13-6, 13-7, K-7

Road Safety and Traffic Management Facilities, 3-1

Roads Act, 5-11 Route Selection, 1-4, 4-5, 6-21, A-18, L-7,

L-13, L-14, L-19, L-35, L-54, L-55, L-56

S SEPP 14, 5-5, 5-8, 8-1, 12-3, A-30, L-5 SEPP 26, 5-5, 5-8, 8-1, L-5 SEPP 4, 5-8, 5-9, 12-3, A-15 Service Delivery Quality Systems, 2-6, 9-12,

9-13, 17-3 Significant impact, 2-3, 3-2, 5-4, 6-12, 6-14,

6-15, 6-23, 7-2, 7-9, 10-1, 15-1, 15-2, 16-3, A-47, B-1, B-2, B-3, B-6, B-7, H-2, H-3, J-3, L-57, N-2, N-3, N-5, N-6, N-7, N-8, N-10

Single invitee contracts, 2-6, 4-10, 5-10, 9-12 Species Impact Statement, 2-3, 2-4, 3-2, 5-4,

5-14, 6-1, 6-3, 6-4, 6-9, 6-12, 6-13, 6-14, 6-18, 6-22, 6-23, 6-24, 6-28, 6-34, 7-2, 8-4, 9-2, 9-6, 12-2, 13-4, 13-5, 14-3, 15-1, A-33, B-4, B-8, F-1, F-4, G-1, H-2, H-3, J-3, J-5, J-6, J-8, K-5, K-8, L-5, L-28, L-31

Specification G34, G35, G36, 4-10, 6-13, 9-6, 9-9, 9-10, 17-2, A-48

Specifications, 1-4, 4-10, 6-13, 6-20, 9-9, 9-10, 9-14, 17-2, G-3, L-30, L-51

State Heritage Register, 5-12 State Roads, 2-2, 5-11 State significant development, 8-5 Strategic Stage, 1-5, 4-2, 4-3, 4-4, 6-8, A-4,

A-9, A-17, A-18, A-45

Index


Superintendent of the contract, 2-5, 5-11, 9-10, 9-11, 17-1, 17-2

Surveying, 3-1, 3-2, 5-3, A-44, L-45

T Tender Assessment, 2-5, 2-6, 9-1, 9-10, 17-2,

L-51 Tender documents, 1-4, 2-5, 2-6, 4-10, 4-12,

6-13, 6-20, 9-1, 9-8, 9-9, 9-13, 10-3, 17-1, 17-2, G-3

Test boreholes, 3-2 Threatened species, 6-3, 6-12, 6-14, 6-22, 7-2,

8-2, 8-5, 15-1, 15-2, A-7, A-33, A-34, A-36, A-46, B-2, B-4, B-7, B-8, H-2, H-3, J-1, J-3, J-4, J-6, J-7, J-8, J-9, J-12, L-28, L-29, L-30, N-2

Threatened Species Conservation Act, 6-3, 6-13, A-33, A-36, A-40, F-1, F-4, J-1, L-28

V Value Management Study, 1-4, 4-6, 5-15, 8-4,

A-18, L-33

W Wetlands, 5-5, 5-8, 8-1, 8-4, 8-5, 14-1, A-7,

A-17, A-22, A-27, A-30, A-46, L-11, L-19, N-2

Z Zoning, 5-1, 5-5, 5-6, 5-7, 5-9, 8-5, 12-3, 13-3,

14-2, A-4, A-9, A-15, A-52, I-3