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EIA Guidelines Environmental assessment procedure Project review of environmental factors -roads EIA-P05-2

RMS 14.539

About this release

Reference number

EIA-P05-2

Title Environmental assessment procedure for project review of environmental factors – roads

Approval and authorisation

Prepared by Environment Officer

Senior Environmental Specialist (Planning and Assessment)

Approved by Principal Manager Environmental Policy, Planning and Assessment

Objective location

Global Folder \ RMS Global Folder \ ENVIRONMENT \ Procedures \ Environment Planning and Assessment Procedures \ EIA-P05-2 Project REF Roads

Document status Date

2.3 August 2014

Version Date Revision Description

1.0 30/6/10 First issue (trial version).

2.0 09/09/11 Trial version comments incorporated. Legal review complete. Implementation version.

2.1 05/12/11 Change to Roads and Maritime Services. Formatting changes.

2.2 13/07/12 Addition of Growth Centres SEPP consultation.

2.3 21/08/14 Distinguish procedure is for road projects (following creation of the project REF - maritime procedure). Updated titles, roles, responsibilities and associated procedures following internal restructure. Replaced grading system with decision about adequacy. Made web accessible in accordance with WCAG. Change to document location (G drive to Objective). Other minor changes and updates.

Prepared by Environmental Policy, Planning and Assessment Environment Branch Roads and Maritime Services Level 17, 101 Miller Street North Sydney, NSW 2060 T 02 8588 5726 F 02 8588 4173

Key contacts

Project managers and contractors are encouraged to contact environment staff for advice on the implementation of this procedure. Where a lead environment advisor has been appointed for a proposal they should always be the first point of contact.

Key contacts: Contact Phone number

Hunter region Environment Manager 4924 0440

Northern region Environment Manager 6640 1072

Southern region Environment Manager 6492 9515

South-west region Environment Manager 6937 1634

Sydney region Environment Manager 8849 2516

Western region Environment Manager 6861 1628

Pacific Highway (North) Environment Manager 6640 1375

Pacific Highway (South) Environment Manager 4924 0281

Motorways Environment Manager 8588 4372

Senior Environmental Specialist (Planning and Assessment) 8588 5726

Senior Environmental Specialist (Air and Greenhouse) 8588 5749

Senior Environmental Specialist (Heritage) 8588 5754

Senior Environmental Specialist (Biodiversity) 8588 5745

Senior Environmental Specialist (Sustainability) 8588 5752

Senior Environmental Specialist (Noise and vibration) 8588 4375

Senior Environmental Specialist (Land Management) 8588 5738

Printed copies of this document are uncontrolled EIA-P05-2 Issue 2.3

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Environmental assessment procedure: Project review of environmental factors - roads

1 Purpose

The environmental assessment procedure for project review of environmental factors – roads has been developed to assist Roads and Maritime Services to meet its responsibilities under the Environmental Planning and Assessment Act 1979 and State Environmental Planning Policy (Infrastructure) 2007.

The procedure replaces the Environmental Impact Assessment Policy, Guidelines and Procedures 2001.

The purpose of the procedure is to provide a framework for scoping, preparing and making a decision for a roads project review of environmental factors (REF). The procedure includes assistance on how to identify whether a REF should be placed on public display for comment.

Project REFs are prepared as part of the environmental impact assessment conducted under Part 5 of the Environmental Planning and Assessment Act 1979 (EP&A Act). An REF is a report that documents this environmental impact assessment process.

The REF helps satisfy Roads and Maritime Services duties under s.111 of the EP&A Act to “examine and take into account to the fullest extent possible all matters affecting or likely to affect the environment by reason of that activity” and s.112 in making decisions on the likely significance of any environmental impacts.

2 Scope

This procedure provides a framework to ensure that all roads project REFs prepared by Roads and Maritime Services and its contractors are carried out in accordance with statutory responsibilities. The procedure provides a consistent approach to environmental impact assessment for activities conducted under Part 5 of the EP&A Act. The procedure has been developed to complement the ProjectPack and MinorProject infrastructure life cycle management systems.

The procedure applies to all roads project REFs carried out by Roads and Maritime Services or its contractors. The procedure is to be followed by all Roads and Maritime Services staff and contractors.

The procedure does not apply to: ‘Emergency Works’ as described in clauses 5 and 97(1)(e) of State

Environmental Planning Policy (Infrastructure) 2007. Any activity or part of an activity to which assessment under Part 4, Part 4.1

or Part 5.1 of the EP&A Act applies. Any works that fall within the Environmental assessment procedure for routine

and minor works (EIA-P05-1). Any maritime works that fall within the Environmental assessment procedure

Project review of environmental factors – maritime (EIA_P05-3).

The procedure may be used for private developer works under developer deeds, works authorisation deeds or similar where Roads and Maritime Services is a


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determining authority for road or traffic control works. Assessment requirements for private developer works should be determined in consultation with environment staff.

Roles and responsibilities

As the majority of project REFs are likely to be for major infrastructure development projects, terminology of roles and responsibilities is in line with those outlined in the ProjectPack management system. However, there will also be minor projects with complex environmental impacts which will require preparation of a project REF. This procedure focuses on the roles of the project team, environmental advisors and manager delegated to determine that the project can proceed under the EP&A Act.

Abbreviation Role Responsibility ACHA Aboriginal cultural

heritage adviser Provide advice and guidance on

Aboriginal cultural heritage matters. DM Delegated manager Roads and Maritime Services

manager delegated to determine Part 5 activities under the EP&A Act – refer to delegations manual.

Approves the REF for public display. Approves the submissions report (if

required) for publication to the website.

EBS Environment Branch specialists

Provide specialist advice on matters of biodiversity, noise and vibration, heritage, land and water quality management, air quality and greenhouse gases, sustainability, socio-economic and environmental planning and assessment.

EM Environment Manager (or their delegate)

Environment staff nominated by the delegated manager to endorse that the REF has met the requirements of the EP&A Act and may be determined. The person may be from a regional/program environment team or from the Environmental Policy Planning and Assessment team.

The EM may also be the lead environmental advisor.

ERT Environment review team Staff who review specialist reports, REF and submissions reports (where prepared) to ensure that the assessments are of adequate quality to meet the EP&A Act and any stakeholder requirements.

GMCSE General Manager Communication and Stakeholder Engagement

Approves publishing of the REF/submissions report following Communications procedures.


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Abbreviation Role Responsibility GME General Manager

Environment Endorses that a REF is suitable for

public display. Endorses that a submissions report is

suitable for publishing on the Roads and Maritime website.

LEA Lead environment advisor Environment staff providing the lead environmental advice for the project. Assures that the REF and all associated documents are of adequate quality to enable the project to be determined under the EP&A Act. The LEA is nominated following discussion between the regional/program Environment Manager and the PMEPPA/Senior Environmental Specialist (Planning and Assessment). The LEA is nominated based on environmental or other risk and available resources. Usually the LEA would be from a regional/program environment team but in some cases may be from the Environmental Policy, Planning and Assessment team.

PMEPPA Principal Manager Environmental Policy, Planning and Assessment (May delegate to Senior Environmental Specialist (Planning and Assessment), SES (P&A))

Provides support and advice to the LEA and project team as required.

Provides advice on planning pathway and assessment and statutory requirements.

May recommend the determination of the REF under Part 5 of the EP&A Act (in consultation with the regional/program Environment Manager).

Provides advice on the involvement of Environment Branch specialists in REF preparation and review.

As required consults with GME, EM and LEA to identify and resolve issues.

PM Project development manager

Arranging the preparation of the project REF and obtains determination under EP&A Act.

RCS Regional communications staff

Provides advice on REF public display processes and community consultation requirements.

Reviews the REF/submissions report from a communications perspective, where necessary.


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Abbreviation Role Responsibility REF-C REF certifier Certifies that all documentation is of

sufficient quality. This person is generally from an external service provider and will be a senior experienced person.

REF-P REF preparer Prepares the REF. This person is generally from an external service provider.

SR preparer Submissions report preparer

Responsible for preparation of the submissions report.

The SR preparer may also be the REF-P.

UD Urban design team Provide specialist advice on matters of urban design, landscape character and visual assessment.


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4 Procedure

The procedure consists of the following elements:

Title Reference number Preparing a project REF guidance note EIA-P05-G02 Project REF preliminary scoping checklist EIA-P05-G02-T01 Project REF brief template EIA-P05-G02-T02 Project REF template EIA-P05-G02-T03 REF consultation guidance note EIA-P05-G03 REF display checklist EIA-P05-G03-T01 Infrastructure SEPP consultation checklist EIA-P05-G03-T02 REF standard consultation letter template EIA-P05-G03-T03 Consultation letter for ISEPP requirements general template EIA-P05-G03-T04 Consultation letter for ISEPP requirements heritage template EIA-P05-G03-T05 Display REF approval memo template EIA-P05-G03-T06 Consultation letter for Growth Centres SEPP template EIA-P05-G03-T07 Project REF review guidance note EIA-P05-P04 REF review checklist – self assessment EIA-P05-G04-T01 REF review checklist – reviewer EIA-P05-G04-T02 REF submissions report guidance note EIA-P05-G06 REF submissions report brief EIA-P05-G06-T01 REF submissions report template EIA-P05-G06-T02 REF submissions report spreadsheet EIA-P05-G06-T03 Submissions report approval memo template EIA-P05-G06-T04 REF submissions respondent notification letter EIA-P05-G06-T05 REF decision guidance note EIA-P05-G07 REF decision memo template EIA-P05-G07-T01

The procedure is shown in the flowchart in section 4.2. The steps indicated in the flowchart refer to application of the above listed elements.

4.1 Acronyms The following acronyms are used in the procedure:

Acronym Term EP&A Act NSW Environmental Planning and Assessment Act 1979 ISEPP State Environmental Planning Policy (Infrastructure) 2007 REF Review of environmental factors


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4.2 The flowchart


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4.3 Using the flowchart Details on how to use the environmental assessment procedure for project REFs are shown in Tables 1-1 to 1-10.

Table 1-1: Step 1 Establish roles and responsibilities

Step Task Responsibility Advised by

1.1 Identify and confirm LEA, EM and ERT for the project. PM DM For complex/high risk projects the environment review team, regional including the LEA will be nominated based on discussion between /program the regional/program Environment Manager and the PMEPPA / Environment SES (P&A). Where required this will include consultation with the Manager DM and PM. Usually for project REFs the LEA would be from a PMEPPA / regional/program environment team but in some cases may be SES (P&A) from the Environmental Policy, Planning and Assessment team.

1.2 Review project management plan including need to (re-)establish PM DM a steering committee for the REF preparation. Review project GME milestones and indicative program. PMEPPA

EM

Table 1-2: Step 2 Identify scope of REF and decide whether REF will be displayed


2.1 Identify preliminary scope of the REF using the REF preliminary PM LEA scoping checklist (EIA-P05-G02-T01).

2.2 Brief ACHA, EM, and ERT on the project and invite their PM LEA comments on REF preliminary scoping checklist.

2.3 Decide whether REF will be displayed using the REF consultation PM LEA guidance note (EIA-P05-G03) and REF display checklist (EIA-P05 DM G03-T01). RCS

PMEPPA 2.4 Determine whether statutory consultation under State PM LEA

Environmental Planning Policy (Infrastructure) 2007 will be required using the REF consultation guidance note (EIA-P05-G03) and the Infrastructure SEPP consultation checklist (EIA-P05-G03-T02).

2.5 Where it is proposed to display an REF for public comment advise PM LEA PMEPPA about the details of the REF and type of consultation to EM be carried out.

Table 1-3: Step 3 Initiate REF


3.1 Initiate the preparation of the REF using the Project REF brief PM LEA template (EIA-P05-G02-T02). Note: use identified environmental issues from the REF preliminary scoping checklist (EIA-P05-G02-T01) to inform the brief preparation.

3.2 For more complex projects and REFs to be publicly displayed, PM LEA consult with EBS and UD to scope specialist studies prior to EBS finalising brief. UD

Printed copies of this document are uncontrolled 8 EIA-P05-2 Issue 2.3


3.3 For more complex projects, consider need for interim or staged PM LEA approach to the REF preparation such as addressing existing PMEPPA environment and summary of likely impacts in first stage. Include in brief if considered appropriate. This is to allow environmental issues identification to occur prior to any assessment – refer to the Preparing a project REF guidance note (EIA-P05-G02) for advice.

3.4 LEA to review and endorse brief prior to issue to contractors. LEA

3.5 Engage environmental assessment contractor and specialist PM LEA contractors if required. EBS Note: tender panels for all environmental contractors must include UD the LEA.

3.6 Give instructions and briefing to the environmental assessment PM LEA contractor on the project and expectations for the REF preparation. PM, LEA and environmental assessment contractor to undertake a site visit.


Table 1-4: Step 4 Prepare REF

4.1 Prepare draft project REF following the Preparing a project REF REF-P guidance note (EIA-P05-G02) and Project REF template (EIA-P05 G02-T03).

4.2 Continue to closely liaise with REF preparer on the project and PM LEA ongoing expectations for the REF preparation.

4.3 Carry out statutory consultation as required by State PM LEA Environmental Planning Policy (Infrastructure) 2007 and State RCS Environmental Planning Policy (Sydney Region Growth Centres) REF-P 2006 using the Consultation letter Infrastructure SEPP templates (EIA-P05-G03-T04/5) and Consultation letter Growth Centres SEPP template (EIA-P05-G03-T07). Note: this may need to be repeated if the proposal is amended or changed in later stages of project development.

4.4 Carry out any other consultation for the REF using the REF PM LEA standard consultation letter template (EIA-P05-G03-T03). RCS Note: this may also need to be carried out at other stages of the REF-P project development and REF preparation.

4.5 For complex projects, involve EBS and UD in stakeholder PM EBS consultations. LEA UD

4.6 Closely liaise with REF preparer on the outcomes of the PM LEA consultation to inform the REF preparation and project development.

4.7 Prior to submitting a draft REF to Roads and Maritime Services for REF-C REF-P review, the REF certifier is to review the draft REF and complete and certify the REF review checklist – self assessment checklist (EIA-P05-G04-T01) in accordance with the REF review guidance note (EIA-PO5-G04). Amend the REF if required.

4.8 Submit signed and certified REF review checklist with draft REF to REF-P or the PM. REF-C


Table 1-5: Step 5 Review REF


5.1 Provide first draft REF to LEA. PM 5.2 Provide first draft REF to ERT, ACHA and RCS for review. LEA 5.3 Review the first draft REF and decide whether it is adequate

quality and can be accepted as a first draft deliverable under the contract in accordance with REF review guidance note (EIA-P05-G04) and REF review checklist – reviewer (EIA-P05-G04-T02). Provide comments to PM.

LEA PM

ERT RCS UD

5.4 If the REF is not adequate, the PM is to advise the contractor that the document will not be accepted as the first draft deliverable under the contract.

PM LEA

5.5 Seek clarification on comments from ERT where required and PM ERT provide consolidated comments to REF preparer. LEA

5.6 Update REF in accordance with Roads and Maritime Services REF-P comments and checklist requirements.

Provide a response to comments. 5.7 Review the updated REF and decide whether it is adequate

quality and can be accepted as a deliverable under the contract in accordance with REF review guidance note (EIA-P05-G04) and REF review checklist – reviewer (EIA-P05-G04-T02).

If the final draft REF is not adequate, the PM is to advise the contractor that the document will not be accepted as the final draft deliverable under the contract and return for further work. Repeat these steps as required until REF is adequate as a final draft.

PM LEA ERT UD

Table 1-6: Step 6 Finalise REF


6.1 Finalise the REF in MS Word and Adobe pdf format. REF-P 6.2 For REFs being displayed for public comment go to STEP 7. PM

For REFs not being displayed for public comment got to STEP 9.

Table 1-7: Step 7 Display REF and invite comment


7.1 Prepare a request for Approval to display REF memo (EIA-P05- LEA PM G03-T06). To be endorsed by relevant DM. DM

7.2 Brief DM, GME, PMEPPA and EM on the proposal, the main PM EBS issues/impacts and how they have been addressed. LEA

7.3 Submit signed memo with finalised REF to GME for endorsement PM LEA and DM for approval (as appropriate).

7.4 Memo to be endorsed by GME and approved by DM (as GME LEA appropriate). DM PMEPPA

PM 7.5 Follow Communications procedures for approval to publish. PM RCS



7.6 Seek comments on the REF for a minimum period of three PM DM calendar weeks (not including public holidays). GMCSE Note: display should not be during Easter, December or January PMEPPA unless agreed to by the relevant DM, GMCSE and PMEPPA. GME Select suitable display locations – should include Roads and RCS Maritime Services website and relevant Roads and Maritime Services office(s) as a minimum. Other locations to be considered – local council offices, local council.

7.7 Place pdf version of the REF on project website. PM 7.8 Provide REF electronic files (eg on CDs or USB) to other PM

agencies, local council(s) and other key stakeholders. If the REF is made available for public purchase, the cost should not exceed $25 for a printed copy or $10 for a CD/USB copy.

7.9 Carry out further consultation with other agencies as stakeholders PM LEA on the REF as required using the Consultation letter templates RCS (EIA-P05-G03-T03/4/5) and as identified in the community EBS involvement plan or the REF display checklist (EIA-P05-G03-T01) and Infrastructure SEPP consultation checklist (EIA-P05-G03-T02). Involve and consult with LEA and RCS on any consultation.


Table 1-8: Step 8 Prepare submissions report

8.1 If not included in the REF brief, initiate the preparation of the PM LEA submissions report using the REF submissions report brief (EIA-P05-G06-T01). Involve and consult with LEA on the submissions report brief preparation.

8.2 LEA to endorse the brief before issue to contractor. LEA 8.3 Review and consider submissions received in accordance with the PM LEA

REF submissions report guidance note (EIA-P05-G06) and using EBS the REF submissions spreadsheet template (EIA-P05-G06-T03). UD If appropriate based on the number of submissions received and issues raised, hold workshop to categorise and agree on responses to issues received from submissions. Involve EBS and UD (as required) in workshop.

8.4 Prepare a submissions report in accordance with the REF SR preparer PM submissions report guidance note (EIA-P05-G06) and REF LEA submissions report template (EIA-P05-G06-T02). EBS Consult with LEA for advice.

8.5 Submit draft submissions report to PM. SR preparer 8.6 Provide draft submissions report to LEA for review. PM 8.7 Provide draft submissions report to ERT, ACHA and RCS for LEA

review. 8.8 Review submissions report and decide whether the submissions

report is adequate quality and can be accepted as a first draft deliverable under the contract in accordance with the REF review

LEA PM

ERT UD

guidance note (EIA-P05-G04). Provide comments to PM.



8.9 If the quality of the submissions report is not adequate as a first PM LEA draft, the PM is to advise the contractor that the document will not be accepted as the first draft deliverable under the contract and return for further work.

8.10 Seek clarification on comments from ERT where required and PM ERT provide consolidated comments to submissions report preparer. LEA

8.11 Update submissions report in accordance with Roads and SR preparer Maritime Services comments.

Provide a response to comments. Provide updated submissions report to PM.

8.12 Provide updated submissions report to LEA and ERT to review in PM ERT accordance with the REF review guidance note (EIA-P05-G04) LEA confirm updates are acceptable.

8.13 If the quality of the final draft submissions report is not adequate, PM LEA the PM is to advise the contractor that the document will not be ERT accepted as a deliverable under the contract and return for further work. Repeat steps as required until submissions report is adequate as a final draft.

8.14 Prepare Submissions report approval memo (EIA-P05-G06-T04). LEA PM 8.15 Brief DM, GME, PMEPPA and EM on main issues raised in PM ERT

submissions and how these are addressed in the submissions LEA report.

8.16 Submit to GME and DM to endorse and approve the submissions LEA report as suitable to be made publically available on the Roads PM and Maritime website.

8.17 Endorse and approve the submissions report as suitable to be GME LEA made publically available on the Roads and Maritime website (as DM EBS appropriate). UD

8.18 Follow Communications procedures for approval to publish. PM RCS

Table 1-9: Step 9 Determine REF

9.1 If the REF was publically displayed but no submissions report was LEA SES (P&A) necessary contact the SES (P&A) for advice before the decision memo is submitted.

9.2 Provide finalised REF (and submissions report if relevant) to EM PM LEA for consideration.


9.3 Consider and make decision on whether to endorse the EM determination of the REF using the REF decision guidance note (EIA-P05-G07).

9.4 Prepare and endorse REF review checklist - reviewer (EIA-P05- EM G04-T02).

9.5 Prepare and complete the REF decision memo (EIA-P07-G04- EM PM T01) and send to the PM. LEA

9.6 Sign and submit the REF decision memo (EIA-P07-G04-T01) to PM LEA the DM, accompanied by the Submissions report approval memo (EIA-P05-G06-T04) from step 8 (if relevant).

9.7 Determine REF. DM


Table 1-10: Step 10 Implement decision


10.1 File the endorsed decision memo and signed memo on file (pdf PM format).

10.2 File the REF and all appendices/specialist reports (and PM RCS submissions report) on Objective (include MS Word and pdf format).

10.3 For REFs not previously placed on public display for comment but PM RCS being placed on internet for information: Follow Communications procedures for approval to publish. Place pdf version of the REF on project website. Send a copy or links to the REF to relevant stakeholders. Update project website with details of the determined REF and

contact details for the PM. 10.4 For REFs previously placed on public display for comment: PM

Place pdf version of the submissions report on project website. Send notification letters to those people/agencies that

commented on the REF and/or made other submissions using the REF submissions respondent notification letter template (EIA-P05-G06-T05).

10.5 Send hard copy and email the REF (and submissions report if PM Roads and relevant) in pdf format to the Roads and Maritime Services library Maritime ([email protected]). Use Roads and Maritime Services library large file transfer system if file size is too large to email. Include all appendices/specialist reports.

10.6 Incorporate REF safeguards and management measures into pre- PM EM construction contracts, contract specifications and construction LEA environmental management plan, as required.

10.7 Consult and involve LEA to incorporate and implement all PM safeguards.

If the project is recommended to proceed, works can commence in accordance with the determined REF


5 Related information

Reference documents: Environmental impact assessment guidelines

Contact details: Senior Environmental Specialist (Planning and Assessment) Environmental Policy, Planning and Assessment Environment Branch, Roads and Maritime Services 02 8588 5726

Effective date: 5 May 2011

First published: 30 June 2010

Review date: July 2015


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Environmental Impact Assessment Guidance Note

Preparing a project review of environmental factors EIA-P05-G02

Contents

A. Introduction ............................................................................................................................................................................................. 1

B. Using the REF preliminary scoping checklist ........................................................................................................... 2

C. Using the REF brief ......................................................................................................................................................................... 2

D. Using the REF guidance note ................................................................................................................................................ 3

E. Using the REF template .............................................................................................................................................................. 3

F. Information to be considered .................................................................................................................................................. 4

Executive summary...................................................................................................................................................................................... 5

1 Introduction ............................................................................................................................................................................................. 5

1.1 Proposal identification............................................................................................................................................................. 5

1.2 Purpose of the report ............................................................................................................................................................... 6

2 Need and options considered................................................................................................................................................. 7

2.1 Strategic need for the proposal ...................................................................................................................................... 7

2.2 Existing road and infrastructure...................................................................................................................................... 8

2.3 Proposal objectives ................................................................................................................................................................... 8

2.4 Alternatives and options considered .......................................................................................................................... 8

2.5 Preferred option............................................................................................................................................................................ 9

2.6 Design refinements .................................................................................................................................................................10

3 Description of the proposal .....................................................................................................................................................11

3.1 The proposal .................................................................................................................................................................................11

3.2 Design .................................................................................................................................................................................................12

3.3 Construction activities ...........................................................................................................................................................13

3.4 Ancillary facilities .......................................................................................................................................................................15

3.5 Public utility adjustment .......................................................................................................................................................16

3.6 Property acquisition.................................................................................................................................................................16

4 Statutory and planning framework ...................................................................................................................................18

4.1 State Environmental Planning Policies (SEPPs) ..........................................................................................18

4.2 Local Environmental Plans ...............................................................................................................................................19

4.3 Other relevant legislation ...................................................................................................................................................19

4.4 Commonwealth legislation ................................................................................................................................................20

4.5 Confirmation of statutory position ...............................................................................................................................21

5 Stakeholder and community consultation ..................................................................................................................22

5.1 Consultation strategy .............................................................................................................................................................22

5.2 Community involvement......................................................................................................................................................22

5.3 Aboriginal community involvement ............................................................................................................................22

5.4 ISEPP consultation..................................................................................................................................................................22

5.5 Growth Centres SEPP consultation..........................................................................................................................23

5.6 Government agency and stakeholder involvement.....................................................................................23

5.7 Ongoing or future consultation ......................................................................................................................................24

6 Environmental assessment ....................................................................................................................................................25

6.1 Environmental aspect being assessed (eg biodiversity) ........................................................................26

7 Environmental management .................................................................................................................................................31

7.1 Environmental management plans (or system)..............................................................................................31

7.2 Summary of safeguards and management measures .............................................................................31

7.3 Licensing and approvals .....................................................................................................................................................31

8 Justification and conclusion ...................................................................................................................................................32

8.1 Justification .....................................................................................................................................................................................32

8.2 Objects of the EP&A Act.....................................................................................................................................................32

8.3 Conclusion ......................................................................................................................................................................................32

9 Certification...........................................................................................................................................................................................34

10 References............................................................................................................................................................................................34

11 Terms and Acronyms used in this REF .......................................................................................................................34

12 Appendices ...........................................................................................................................................................................................34

13 Consideration of clause 228(2) factors and matters of national environmental significance........................................................................................................................................................................................................34

13.1 Clause 228(2) factors ............................................................................................................................................................34

13.2 Matters of national environmental significance...............................................................................................37

14 Neutral or beneficial effect on water quality assessment.............................................................................39

15 References............................................................................................................................................................................................40

About this document .................................................................................................................................................................................42

Preparing a review of environmental factors

Key points A review of environmental factors (REF) is prepared in accordance with Part 5 of

the Environmental Planning & Assessment Act 1979 (EP&A Act). It assists Roads and Maritime Services in meeting the statutory requirement to take into account all matters affecting or likely to affect the environment by reason of a proposed activity. It assists in establishing whether or not the activity is likely to significantly affect the environment and whether an environmental impact statement needs to be prepared for approval to be sought from the Minister for Planning.

The level of detail and extent of assessment provided in the REF will depend on the complexity of the environmental impacts of the proposed activity (or proposal) irrespective of its size.

It is important to include in the REF details of all known temporary and ancillary activities and any proposed environmental management measures.

A. Introduction

Roads and Maritime Services has a statutory responsibility under NSW and Federal legislation to consider and assess its activities and their effect on the environment. The Act which has the most importance is the Environmental Planning and Assessment Act 1979 and includes the Regulations made under the EP&A Act (being the Environmental Planning and Assessment Regulation 2000). The environmental impact assessment process helps Roads and Maritime Services fulfil this responsibility and provides a means whereby:

Roads and Maritime Services, affected communities, and other interested persons can identify, understand and assess the likely effects of proposed activities on the environment.

Roads and Maritime Services can make informed decisions about proposed activities in an environmentally sensitive manner, while meeting community expectations.

Where Part 5 of the EP&A Act applies to a proposed construction or maintenance activity, Roads and Maritime Services examines and takes into account to the fullest extent possible all matters affecting or likely to affect the environment by reason of that activity (s.111). This includes consideration of the effect on conservation agreements and plans of management under the National Parks and Wildlife Act 1974, joint management and biobanking agreements under the Threatened Species Conservation Act 1995, wilderness areas under the Wilderness Act 1987, critical habitat, impacts on threatened species, populations and ecological communities and their habitats and other protected fauna or native species. Roads and Maritime Services also establishes whether or not the activity is likely to significantly affect the environment and require the preparation of an environmental impact statement (s.112).

This guidance note outlines the process for preparing a review of environmental factors (REF) for use with the Project REF procedure – roads (EIA-P05-2) including the REF preliminary scoping checklist (EIA-P05-G02-T01), Project REF brief (EIA-P05-G02-T02) and Project REF template (EIA-P05-G02-T03).

This guidance note should be used in conjunction with procedure EIA-P05-2 Printed copies of this document are uncontrolled EIA-P05-G02 Issue 3.3

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The Project REF brief and Project REF template should be used for all Roads and Maritime Services road related activities proposed under Part 5 of the EP&A Act, except for projects proposed on land reserved under the National Parks and Wildlife Act, 1974 (NPW Act)1 and land to which the Airports Act, 19962 applies. Contact Roads and Maritime environment staff for further advice in either of these situations. For maritime activities proposed under Part 5 of the EP&A Act use the Project REF procedure – maritime (EIA-P05-3). For routine or minor works use the environmental assessment procedure for routine and minor works (EIA-P05-1). If Part 5.1 of the EP&A Act applies, refer to the Part 5.1 procedure (formerly known as the Part 3A procedure) (EIA-P03).

B. Using the REF preliminary scoping checklist

The REF preliminary scoping checklist (EIA-P05-G02-T01) is a tool that can be used by the project manager in conjunction with the lead environmental advisor (LEA) at an early stage in the development of a proposal. The project manager must seek the advice of the LEA to determine whether or not the checklist is required for each project. The purpose of the checklist is to identify the main environmental issues for the project. The scoping checklist should be completed following a site inspection and prior to initiating the preparation of a REF.

Questions and considerations in the checklist are general only. It is not necessary to have an answer for every question in the checklist – the checklist is designed to provide a preliminary picture of the environmental context of the proposal and help set the scene for the future environmental assessment. An unsure option is provided in the checklist where items are not known or appropriate information is not available. Any gaps or incomplete information identified in the checklist can also be used to help inform the brief for the REF preparation.

C. Using the REF brief

The Project REF brief template (EIA-P05-G02-T02) is to be used for engaging environmental assessment contractors to prepare a Project REF. It is acknowledged that REFs can vary considerably in scope depending on the complexity of the issues being considered and the brief template allows for flexibility to suit the specific needs of a proposal.

The template is to be completed by inserting information to tailor the document to the needs of the proposal. Highlighted headings or text used in the templates may be deleted or revised if necessary with text/information relevant to the proposal being investigated and/or assessed. These headings, text or prompts have been highlighted light grey within the template. Some paragraphs and sections will not be relevant to all REFs, eg those relating to specialist studies, public display and submissions report. These are also highlighted light grey within the template and should be deleted where not applicable to the proposal.

1Where an activity is proposed on land reserved under the NPW Act, prepare the REF in accordance with the Office of Environment and Heritage Proponent’s Guidelines for the Review of Environmental Factors (July 2008). Seek advice from Roads and Maritime Services environment staff. 2NSW Airport sites include Sydney, Sydney West, Bankstown, Camden and Hoxton Park. The EP&A Act does not apply. Seek advice from Roads and Maritime Services environment staff.


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When issues are encountered which may not be adequately covered by the template, additional chapters and sections may be added. In these situations the project manager should first consult with Roads and Maritime Services environment staff.

D. Using the REF guidance note

The guidance note provides assistance with preparing a REF that satisfies the Roads and Maritime Services expectations for quality. Information is provided for project managers responsible for delivering a review of environmental factors, for professionals engaged to write REFs and for environment staff advising on or reviewing REFs. The guidance note follows the format of the REF template.

E. Using the REF template

The Project REF template (EIA-P05-G02-T03) is to be used for all project REFs prepared for or on behalf of Roads and Maritime Services. The template allows for flexibility and tailoring of the REF to suit the proposal being assessed.

Text and headings which are not highlighted and are included within the template are applicable to all REFs. This text or headings should not be deleted or revised without prior consultation with Roads and Maritime Services environment staff.

Highlighted headings or text used in the templates may be deleted or revised if necessary with text/information relevant to the activity being investigated and/or assessed. These headings, text or prompts have been highlighted light grey within the template.

When issues are encountered which may not be adequately covered by the template, additional chapters and sections may be added. In these situations you should first consult with Roads and Maritime Services environment staff.

Do not assume that large activities require complex assessments and small activities simple assessments. The level of detail and assessment provided in the REF will depend on the complexity of the environmental impacts of a proposed activity, irrespective of its size.

The REF preparer is to populate the template to produce a web accessible document that is consistent with the Web Content Accessibility Guidelines (WCAG) Level AA.

Further information about the use of standard templates, including style and grammar, is provided in the current Roads and Maritime Services Editorial Style Guide and the Visual Identity Guidelines.

Language and tense When writing a REF, refer to the activity subject to assessment as the “proposal”. Avoid using the word “project” as it implies that the activity has been approved.

Similarly, use the word “would” instead of the word “will’ in descriptions of the activity and potential environmental impacts. Use “will’ or “must” in the environmental management measures and safeguards.


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F. Information to be considered

The following headings and sections of this guidance note relate to the chapters and sections within the Project REF template (EIA-P05-G02-T02). The level of detail provided under each heading is indicative and may or may not be necessary for each report prepared from the template.


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Executive summary

Executive summaries provide a useful summary of the proposal and its likely environmental impacts.

The executive summary contains information presented in the main body of the report. The length of an executive summary should be relative to the length of the main body of the report, generally no more than four A4 pages.

Public display There is no statutory requirement to publicly display a REF. However, from time to time Roads and Maritime Services may decide to display an REF especially if there is, or is likely to be, considerable community interest in the proposal. The decision to display a REF should be made using the process and tools outlined in the Project REF procedure (EIA-P05-2), including the REF consultation guidance note (EIA-P05-G03) and in consultation with the project manager, environment staff and communications staff.

The Privacy and Personal Information Protection Act 1998 governs the use and disclosure of personal information provided by respondents. Accordingly, where the respondent indicates at the time of supply of information that their personal details and/or response should be kept confidential, the project manager must do so unless there is a legislative or legal justification for the release of the information, for example under the Government Information (Public Access) Act 2009 or under subpoena or other statutory instrument.

Following public display it is Roads and Maritime Services practice to collate the details of public responses and advise authors in writing when project information is released.

Note that a publication number is supplied by Roads and Maritime Services communications staff for all documents to be placed on public exhibition. This number should be recorded in the document controls page.

1 Introduction

1.1 Proposal identification When introducing the proposal, the purpose of the description is to identify and describe the key elements of the proposal, and include:

A brief statement describing the proposal, eg a new road or widening.

A brief statement of the strategic need for the proposal, eg how safety is improved, response to a program, overall strategic need.

Start and end locations and overall length.

Proposed operational staging of the proposal, if relevant.

A list of major structural features, eg bridge, culvert or viaduct.

A list of major design features, eg number of lanes, provisions for cyclists, detention basins, fauna crossings, intersections, retaining walls.

A figure that provides an overview of the proposal, including key features.


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Provide the correct description of the proposal eg is the proposal a bridge demolition, or is the more accurate and inclusive description a new bridge and approaches with a consequent impact on the existing bridge. Please note that further information about the proposal is provided in Chapter 3 of the REF, so the description within the introduction should be limited to the key elements only.

State the location of the proposal within the introduction of a REF. This is to be limited to about a paragraph so as not to duplicate information given in Chapter 6 and should include:

A brief description of the local and regional setting including any special features adjacent to the proposal eg waterways, National Parks, known threatened species, heritage items, land uses, drainage, built features, geological features.

A reference to the relevant Roads and Maritime Services region and local government area.

A regional context map and a map of the proposal overlain on an aerial photograph.

Other relevant information such as the expected total cost of the proposal and the funding requirements, eg State or Nation Building funding, is also to be provided in the introduction. The anticipated duration of construction (including commencement and completion dates) of the proposal, with staging requirements is also to be provided.

1.2 Purpose of the report

The purpose of the REF is discussed under this section and is standard for all REFs. Refer to the Project REF template (EIA-P05-G02-T02).


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2 Need and options considered

The purpose of this chapter is to describe the need for the proposal in terms of its strategic setting and operational need. Provide a discussion of the options considered and the selection of the preferred option for the proposal. The project manager will need to provide this information discussed in this section to the REF preparer.

2.1 Strategic need for the proposal Describe the need for the proposal in terms of its strategic setting (eg where does the proposal fit with Australian Government initiatives such as the Federal Infrastructure Investment Programme or Roads and Maritime Services strategies such as road safety or asset management), and its project specific operational needs, such as reducing traffic congestion, improving safety or road conditions, or addressing local environmental problems caused by existing conditions.

Make reference to the NSW State Plan 2021 (State Plan), the NSW Government State Infrastructure Strategy (State Infrastructure Strategy), the NSW Long Term Transport Masterplan and NSW Freight and Ports Strategy and detail their relevance to the proposal.

Make reference to the regional strategy for the area in which the project is located and discuss objectives relevant to the proposal. Regional strategies are published by the Department of Planning and Environment and are available at the following links: Regional strategies and Metropolitan Plan for Sydney 2036. Other NSW Government strategies that may be relevant can be found on the Department of Planning and Environment website: Transport strategies and Strategic planning, the NSW Government site: NSW Bike Plan and the Transport for NSW site: Sydney’s Cycling Future, Sydney’s Walking Future and Sydney’s bus future.

Additional information may be available in Australian Government and/or other NSW Government strategies, Roads and Maritime Services or other government agency policies, preliminary environmental assessments, etc. eg Beyond the Pavement. If there is a corridor strategy that relates to the proposal discuss the objectives/milestones of this strategy and how the proposal relates.

If appropriate, a brief history of the proposal should be provided to give context to these needs.

If applicable, discuss strategic alternatives that have been considered, such as other transport modes or land use proposals.

Where relevant to the consideration of the proposal, list and discuss existing traffic volumes (where possible provide classified traffic data and use latest available figures), including peaks, approximate percentage of heavy vehicles, approximate numbers of cyclists and pedestrians, and accident levels. Similarly, list and discuss future traffic volumes predicted for the proposal. This should include the traffic volumes upon project opening and at relevant milestones up to 30 years after opening the project. Where relevant, also provide the approximate percentage of heavy vehicles, particularly where heavy vehicle percentage is expected to increase.

Where known, and considered necessary to justify the proposal, state the level of service (LoS) for the proposal. The LoS descriptions should be consistent with


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Austroads guidelines and be provided for the existing situation and the expected situation following the opening of the proposal. Explain the concept of LoS in the REF.

2.2 Existing road and infrastructure Describe the existing road and/or road infrastructure to the extent that it is relevant to the description and consideration of the proposal. This may include the route alignment and corridor width, the number of lanes, lane widths, the presence of a median, footpaths, drainage, rest areas, bridges or major culverts, street lighting, etc.

Where relevant, describe existing road safety and traffic management and regulation features such as the posted speed limit, parking restrictions, traffic signals, intersections and local area traffic management features if any.

Additionally, describe the existing horizontal and vertical alignment and the general condition of the road pavement, and where relevant, any median, footpaths, landscaping or bridges.

2.3 Proposal objectives List the specific objectives of the proposal. Discuss whether the proposal is part of a broader program (eg part of upgrading the Pacific Highway). Discuss the proposal’s relationship to the objectives of the broader program where relevant. Detail any urban design objectives and principles that have been developed specifically for this project.

Please note the proposal objectives should:

Be determined in conjunction with relevant Roads and Maritime Services staff, agencies, organisations and the community as appropriate.

Be as comprehensive and measurable as possible.

Relate to the need and expected outcomes of the proposed activity.

Include both environmental and urban design objectives where relevant.

2.4 Alternatives and options considered The purpose of this section is to describe the options considered for the proposal and to demonstrate why the preferred option was chosen. There should be consideration of reasonably feasible alternative sites, designs, construction and management options that may also achieve the proposal objectives. The information provided in this section should be sufficient for the assessor and the community to be confident that a range of alternatives and/or options for the proposal have been considered and that the preferred option is justified. This information must be provided by the project manager to the REF preparer. Ideally at least three genuine options should be discussed.

2.4.1 Methodology for selection of preferred option

Discuss the methodology for the selection of the preferred option, based on information from the project manager. Discuss the identification of alternative solutions to the strategic need. Reference to formal route selection studies may be appropriate here. Identify any community involvement in the process of the selection of the preferred option.


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Discuss the analysis of options, and the criteria against which each option is evaluated. The ability of the option to satisfy the project objectives is always a key selection criteria. Cost and buildability will also be relevant. Describe how the analysis of options results in the selection of the preferred option.

2.4.2 Identified options

Provide a description of each alternative/option considered including the following information: Start and end points and spatial relationship to existing infrastructure. Limitations or constraints to the option influencing route, eg a historic road

corridor or SEPP 14 wetlands. Major features or construction methods which may set the option apart from

other options. A statement indicating whether the option meets the need and objectives of

the proposal.

Always describe the ‘do nothing’ or ‘do minimum’ option. A ‘do nothing’ or ‘do minimum’ option might involve no works beyond the current maintenance regime. Alternatively, the ‘do nothing’ or ‘do minimum’ option may refer to a low cost alternative to construction works, eg installing wire rope barrier instead of widening and separating travel lanes. Clearly identify the parameters of the ‘do nothing’ or ‘do minimum’ option relevant to the proposal.

2.4.3 Analysis of options

Detail the investigations or analysis undertaken to choose, evaluate, compare and select the preferred option. Any comparative analyses used, such as environmental, traffic, safety, social, and economic issues should be included. If a value management study or route selection report has been prepared, it should be summarised and referenced.

Discuss how each of the options satisfies (or otherwise) the proposal objectives. Discuss the performance of each of the options against each of the other selection criteria identified in Section 2.3.1. The analysis must be balanced and without bias, giving each option equal consideration in the discussion. The advantages and disadvantages of each option need to be included.

For the ‘do nothing’ or ‘do minimum’ option, the description should include the outcomes of not constructing the proposal, ie not addressing the strategic need and failure to achieve the objectives.

2.5 Preferred option Identify the preferred option and outline why the preferred option was chosen in preference to the other options.

It is an objective of the EP&A Act to encourage ecologically sustainable development (ESD). The ‘integration’ principle of ESD is likely to be relevant to the selection of the preferred option. The integration principle requires the integration of economic, social development and environmental considerations into the decision-making process for all developments. If these aspects have influenced the selection of the preferred option, make a reference to the ESD principle of integration here. For more information refer to the Addressing ecologically sustainable development practice note (EIA-N03).


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2.6 Design refinements If design refinements have occurred to the proposal following the selection of the preferred option, these should be identified here. Discuss the issue that has been addressed by the design refinements and briefly identify if any stakeholders have had input into the refinements.


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3 Description of the proposal

The purpose of this section is to describe the proposal to a level of detail sufficient to allow the reader to understand the works being carried out and to satisfy the reader that the likely impacts of the proposal have been adequately assessed. The description is to include all known temporary and ancillary activities and environmental management measures.

The proposal should be described to the fullest extent possible and reflect the extent to which design has progressed. It is important to note in the REF that the description of the proposal is based on the concept design, to allow for flexibility in later detailed design stages. This may reduce the need for later amendments to the REF. The level of detail necessary to describe the proposal will vary depending on the activity proposed and the sensitivity of the receiving environment. Where an aspect is proposed to be constructed in a highly sensitive environment, it may be necessary to provide greater design detail.

The description of the proposal in the REF should: Use plain English (use active voice and avoid jargon). Include approximations of dimensions, quantities and design elements

wherever possible. Avoid lengthy descriptions. Use broad design details (such as not referring to commercial products and

machinery, eg use ‘geotextile fabric’ instead of ‘GEOTEK G88PP woven fabric’, unless there are no other alternatives to use).

When specific design or construction information relating to a particular element(s) of the proposal is unknown, present either a conservative scenario of the proposal or detail the various options available to constructing or designing that element of the proposal. This will ensure that the worst case scenario is assessed.

The following sections give an indication of the type of information that should be provided where relevant.

3.1 The proposal Describe the key elements of the proposal based on the concept design. This should include features such as the length and type of carriageway, staging options, intersection treatments, bridges and culverts, access tracks and service roads, overpasses/underpasses, fauna crossing structures and ancillary construction facilities. It is often useful to do this using dot points.

Examples of proposal elements to be described include: Bridges including type, location, drainage, fencing, dimensions, height,

waterways, abutments, number of piles, pile location, pedestrian access, access tracks, ancillary compounds, lead paint.

Removal of existing bridges including type, removal method, heritage status. Viaducts. Creek works including length of works, long term stabilisation, hydrology,

flooding, realignment. Culverts including ground surface, type, materials and quantity, wing walls,

inlet and outlet stabilisation. Water quality basins (permanent).


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Retaining walls including location, type and dimensions. Fauna crossings including location, type and size. Embankments including slope, drainage, final slope stabilisation and footprint. Drainage including longitudinal and cross drainage. Shared paths including location, width. Bus priority measures. Intersections including location, layout, traffic signals. Tie-ins including location, length and lane configuration. Fencing and maintenance access. Known utilities locations and removal.

An example of a possible way to describe a proposal is provided below:

An upgrade of Norballan Road about one kilometre long, located between Smiths Road and Jones Road around 20 kilometres south of Notown. The general features of the proposal are: Widening of the road from a two lane to a four lane divided road (two lanes

each way), with a vegetated median separating the carriageways and a 110 kilometre per hour posted speed limit.

Installation of traffic signals at the intersection of Norballan Road and Smiths Road.

At-grade intersections at tie-in points with the existing two lane road in the vicinity of Smiths Road and Adams Lane.

A new access track into Scott State Forest that would connect Adams Lane to Peter Road.

Twin multi-span bridges over Somewhere Creek about 90 metres long. Permanent spill containment basins at environmentally significant

watercourse crossings. Fauna underpasses at river and creek crossings and key habitat locations. Overhead rope crossings for glider species. Ancillary construction facilities, including compound sites, batching plant sites

and stockpile sites.

If it is proposed to stage the operation of the proposal, identify the different stages here and explain the rationale behind the staging proposal.

3.2 Design Detail the adopted design criteria, the limits of the proposal, including the engineering constraints, and the major design features of the proposal. Where appropriate acknowledge the limitations of design to date and note that the current concept design will be further refined at the ‘detailed design’ stage. Refer to the concept plan for the proposal and, if available, provide a typical cross-section as a figure within the section or as an appendix to the REF.

Design parameters can be presented under the following sections:

3.2.1 Design criteria

Design criteria includes design speed, features of the typical cross-section, eg width of lanes, median, shoulder etc, pavement type, grade, safety barriers, provision for pedestrians, cyclists and buses, batter slopes and landscaping. Include a diagram of a typical cross section if available.


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3.2.2 Engineering constraints

Engineering constraints of the proposal include property access requirements, poor foundation conditions, public utilities which cannot readily be relocated simply (eg optical fibre), topography, material availability, etc.

3.2.3 Major design features

Examples of major design features include bridges, interchanges, culvert duplication or major cuts. Design features also include fauna crossings, noise attenuation works (eg noise walls or mounds) and urban design features which have been included in the concept design stage. By including known safeguards and management measures as an integral part of the design description it may be possible to demonstrate that the proposal, inclusive of those measures, is unlikely to have a significant environmental impact.

3.3 Construction activities This section describes how the proposal would be constructed. The description of the proposal should be sufficient to enable an assessment of all potential direct and indirect impacts of the proposal. The anticipated construction footprint should be shown. This information must be provided by the project manager to the REF preparer. Any concerns that the project manager or REF preparer has about the level of detail provided in this section should be discussed with the Lead Environmental Adviser.

3.3.1 Work methodology

Provide a description of the known construction process and construction footprint for the proposal, including the stripping, stockpiling and management of topsoil, clearing of vegetation (including an approximation of the total area), excavation, filling, drainage works etc. The processes/methodology should be described in the expected chronological order of construction. Include, where relevant, quantities and areas in the description and detail any proposed staging requirements. Where appropriate acknowledge the limitations of the development of construction methodology to date and note that detailed methodologies would be determined during construction planning.

Where construction access tracks, temporary structures and temporary work surfaces would be required, these must be described. Descriptions of any temporary facilities should include the area disturbed, the duration of the use of the facility and how the facility will be decommissioned and the site restored.

3.3.2 Construction duration and working hours

Provide the estimated construction start date and duration of works. Detail the expected working hours for construction of the proposal. This information must be provided by the project manager.

Where proposed construction hours differ from the standard Office of Environment and Heritage construction hours, a sound rationale must be provided. Detail the reasons for altered construction hours and the activities expected to be undertaken outside of standard hours. Evidence of consultation with potentially affected members of the community about altered construction hours must be provided.


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3.3.3 Plant and equipment

Provide a list of the typical plant and equipment which would be used in constructing the proposal. The list should not be exhaustive, but should cover plant and equipment which may add to the environmental impacts of the proposal, eg rock-breakers, concrete saws, hydraulic hammers, etc. Where appropriate acknowledge that equipment to be utilised would be determined during construction planning.

3.3.4 Earthworks

Describe the extent of earthworks proposed during construction. Where relevant, this should be separated into cut and fill requirements and include the approximate volumes and locations where cut and/or fill would be undertaken.

Additional fill and excess spoil

It may be difficult to accurately estimate earthworks volumes required at the time of REF preparation. This can cause difficulties, including the possibility of the need for further environmental impact assessment, if it is found later that fill material is needed in addition to that originally identified or excess spoil must be stockpiled. To avoid this situation it is recommended that the REF:

Describe the factors that make it difficult to estimate earthworks volumes accurately, eg difficulties of accurate prediction of amounts of rock and unsuitable material produced during construction.

Establish the principles to be adopted when selecting sites if additional fill material is required, or if additional stockpile sites area required eg to be located within the road reserve wherever practicable.

Establish likely sites of additional fill material or stockpile areas if these are required, in relation to these principles (and define ‘no go’ areas).

Assess environmental impacts of the likely sites within the environmental assessment chapter.

3.3.5 Source and quantity of materials

Materials to describe include, but are not limited to:

Quarry materials such as select fill, base and sub-base.

Aggregates.

Steel.

Road furniture.

The source of material should not be overly prescriptive and kept general, eg quarry, onsite or commercial. Where a material is being sourced from a location distant to the proposal, include a brief reason for this.

3.3.6 Traffic management and access

Discuss traffic management measures during construction such as speed limits, parking restrictions, road closures, detours, delays to through-traffic, stop/go controls, turning restrictions, etc. Refer to the Traffic Control at Work Sites Manual (RTA, 2006) where necessary.

Describe any temporary restrictions or modifications to access that would result from the proposal. Consider all property types including residences, commercial premises, agricultural land, etc. Provide detail on what the


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restrictions and modifications are, eg location, temporary structures, time period, etc. Describe how construction vehicles would enter and exit the site.

Additionally, specify the likely number of vehicular movements per day generated during the construction phase, the period in which these truck/vehicle movements would occur (including peak periods), and the traffic route that would be affected. Outline whether the increase in truck/vehicle movements would or would not be substantial in relation to existing traffic conditions. Highlight the route(s) which would be used for construction related truck/vehicle movements.

3.4 Ancillary facilities Provide details of any proposed stockpile site(s), compound site(s), mobile asphalt batch plant(s) and any other ancillary facilities. When describing ancillary facilities include the following:

Location and footprint of the site(s).

Need for vegetation clearing.

Site access requirements.

Likely activities to be undertaken within the sites.

Hours of operation.

Location relative to sensitive receivers.

Any other special features.

For compound sites, describe the general purpose of the site and what it would consist of, ie surface type, toilets/amenities, storage of chemicals and fuels, offices and workforce parking, concrete batching facilities, etc.

For stockpile sites, discuss whether the proposal would create any stockpiles associated with acid sulfate soils or contaminated waste, or involve longer-term temporary stockpiles related to the proposal itself. Describe how the stockpiles would be managed, including a reference to the most current Stockpile Site Management Procedure and the QA Specification R44 – Earthworks.

Ancillary facilities should be related to the proposal itself and not be intended to operate as a separate activity. If the ancillary facility is intended to be operated separately or be used as an independent use beyond or for a longer period than that of the proposal, seek advice from the lead environmental advisor.

Assess environmental impacts of ancillary facilities within the environmental assessment chapter.

Locating stockpile and compound sites

It may be difficult to accurately describe stockpile and compound site(s) for the proposal when preparing the REF. Supplementary environmental impact assessment is likely to be required if sites are not identified in the REF or if it is necessary to locate a stockpile and/or compound site in a different location to that originally identified in the REF.


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To minimise the need for further assessment, it is recommended that the REF:

Describe the factors that make it difficult to identify the location of a stockpile and/or compound site, eg anticipated changes at the detailed design phase.

Establish the principles to be adopted when selecting alternative sites. This might include principles such as:

- At least 40 metres distant from the nearest waterway.

- Of low ecological and heritage conservation significance.

- At least 100 metres distant from residential dwellings and other land uses that may be sensitive to noise.

- Of relatively level ground.

- Outside the 1 in 10 year ARI floodplain.

Eg low conservation significance in terms of biodiversity, Aboriginal and non-Aboriginal heritage, set back from waterways, on level ground etc.

Establish likely locations of stockpile and/or compound sites, in relation to these principles and define ‘no go’ areas.

Assess environmental impacts of the likely sites within the environmental assessment chapter.

3.5 Public utility adjustment If known, describe any public utilities in the vicinity of the proposal and whether they would be impacted by the proposed activity. If public utilities are likely to be affected, describe whether they would need to be relocated or protected and any works associated with this. Where information relating to utility adjustments is not known, provide a directive to seek advice from environment staff as to assessment requirements should the information become available.

Provide a summary of any correspondence that has occurred between the Roads and Maritime Services and the public utility provider(s).

Assess environmental impacts of public utility adjustments forming part of the proposal within the environmental assessment chapter. If the adjustment is to be assessed separately by the public utility provider this should be noted.

3.6 Property acquisition Describe whether the proposal requires any property acquisition (full or partial/strip) or modification. If property acquisition is required, specify the property description, location and size of the acquisition(s) and/or modifications, including the Lot, DP and/or section number where relevant. Also describe whether a leasing arrangement is required for temporary access or site compounds.

Provide a map showing properties to be acquired or leased. Where applicable, provide a reference to the Land Acquisition Policy and the Land Acquisition (Just Terms Compensation) Act 1991.


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Properties that fall within a special category of land use or have a special status should also be identified, including:

Aboriginal Land Council land.

National Parks estate land.

State Forest land.

Public cemetery land.

A reference should be provided to the section of the REF where the impact to these special land uses and the process required to secure it are discussed. See also the advice on projects affected by legislation related to these special land uses in part 4.3 of the guidance note.

Where information relating to property acquisition is not known, provide a directive to seek advice from environment staff as to assessment requirements when the information becomes available.


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4 Statutory and planning framework

This chapter provides the statutory and planning framework for the proposal and considers provisions of relevant state environmental planning policies, local environmental plans and other legislation. The chapter is concluded with a confirmation of the proposal’s statutory position. Seek advice from environment staff where there is doubt about the statutory position of the proposal.

4.1 State Environmental Planning Policies (SEPPs)

4.1.1 State Environmental Planning Policy (Infrastructure) 2007

Review the Infrastructure SEPP and determine whether it applies to the proposal. Refer to the State Environmental Planning Policy (Infrastructure) 2007 Explanatory Note (EIA-L02) for assistance. Where applicable, adopt the standard wording provided in the template relating to the operation of this planning instrument.

Even if the Infrastructure SEPP provides that the proposal may be carried out without consent, consultation with councils or agencies may be required. Consultation with councils may also be required if the proposal has an impact on a local heritage item. Any consultation is to be addressed in the REF as outlined in Section 5.4 below. Refer to the REF consultation guidance note (EIA-P05-G03) for further advice.

4.1.2 Other SEPPs

List any other SEPP(s) which are relevant to the assessment of the proposal and describe any provisions which require consideration. Detail any former regional environmental plans (which are now considered to be deemed SEPPs). If there are any provisions in relation to development consent, consider these in relation to the ISEPP and state whether the proposal is permissible with or without consent. Describe how the ISEPP removes consent requirements where appropriate.

Ensure that the proposal does not trigger the need for consent to be sought for state significant development or state significant infrastructure from the Minister for Planning under State Environmental Planning Policy (State and Regional Development) 2011 or State Environmental Planning Policy (Major Development) 2005. Contact the Senior Environmental Specialist (Planning and Assessment) in Environment Branch if you are not sure.

Consider the aims and objectives of the relevant SEPP(s) and deemed SEPPs and address these as necessary.

Do not discuss SEPPs or deemed SEPPs that are not relevant or applicable to the proposal.

It should be noted that some SEPPs and deemed SEPPs apply to all lands within a local government area, city, region or state, and other SEPPs and deemed SEPPs only apply to certain lands within a defined area.

State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 Note that this SEPP applies to lands within the Sydney Drinking Water Catchment, as defined by maps available online at Sydney Drinking Water Catchment SEPP.


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If this SEPP applies, it requires the completion of a Neutral or Beneficial Effect assessment. A template for this assessment is included in the appendices of the REF template and guidance is provided in Section 14 of this guidance note.

The results of the assessment should be briefly noted in this section. If an adverse effect is anticipated, consult with the lead environmental adviser to determine whether consultation with SCA or any other action is required.

4.2 Local Environmental Plans List the relevant local environmental plan(s) (LEPs) and identify all land use zoning(s) that are applicable to the proposal.

Detail the objectives of the applicable land use zoning(s) and briefly discuss the proposal’s consistency with these objectives.

Describe other provisions of the LEP which are relevant to the proposal and require discussion within the REF.

Describe how the ISEPP removes the requirement to seek consent under the provisions of LEPs. Identify any consultation requirements triggered by heritage items listed on the LEP.

Further information and advice on the above is provided in the REF consultation guidance note (EIA-P05-G03) and State Environmental Planning Policy (Infrastructure) 2007 Explanatory Note (EIA-L02).

4.3 Other relevant legislation Other legislation (either State and/or Commonwealth) will usually also apply to a proposal. This legislation may require Roads and Maritime Services to seek approval and/or concurrence for the proposal (eg the Environment Protection and Biodiversity Conservation Act 1999 or the Coastal Protection Act 1977), or obtain a licence or permit (eg National Parks and Wildlife Act 1974 or the Heritage Act 1977), or notify a relevant Minister or government agency about a particular aspect of the proposal (eg the Fisheries Management Act 1994 or Noxious Weeds Act 1993). If the proposal is subject to other legislation, discuss this in the REF and provide specific details on the applicable provisions and how they will impact on the construction and/or operation of the proposal.

Do not discuss legislation that is not relevant or applicable to the proposal.


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Critical legislation There are some special categories of land use that entail a lengthy or complicated legal process in order to obtain land for a project. Seek advice from Environment Branch if your project: Is located on land reserved under the National Parks and Wildlife Act 1979. Is located on land dedicated under the Forestry Act 1916. Is located on land reclaimed under the Aboriginal Land Rights Act 1983. Is located on public cemetery land.

The Roads Act 1993 supports Roads and Maritime Services legal right to undertake roadworks on certain roads. Seek advice from Senior Environmental Specialist (Planning and Assessment) and Legal Branch if your project: Involves work on roads that are ‘non-classified’ roads under the Roads Act

1993.

4.4 Commonwealth legislation

4.4.1 Environment Protection and Biodiversity Conservation Act 1999

The EPBC Act can potentially apply to a proposal where there may be a significant impact on a matter of national environmental significance or the environment of Commonwealth land. Standard text is provided in the template in respect of the EPBC Act and the appropriate option should be included in the REF.

Under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) a referral is required to the Australian Government for proposed ‘actions that have the potential to significantly impact on matters of national environmental significance or the environment of Commonwealth land. These are considered in the appendix to the REF and within the assessment chapter of the REF. If it is considered likely that a referral under the EPBC Act is required for the project consult with environment staff.

4.4.2 Aboriginal and Torres Strait Islander Heritage Protection Act 1984

The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (ATSIHP) enables Indigenous Australians to protect their traditional areas and objects, which are of particular significance to Aboriginal people in accordance with Aboriginal traditions, from threats of injury or desecration. Unlike NSW legislation, the ATSIHP Act is not designed to protect areas and objects of scientific and historical interest.

The ATSIHP Act can override NSW planning approvals as the Commonwealth Minister may prevent an activity from occurring by making a declaration to protect an area or object. Emergency declarations of up to 60 days are available to the Minister to protect an area from a serious and immediate threat. Short term protection (48 hours) is also available for objects or classes of objects. Longer term or indefinite protections are also available for places and objects.

These provisions have been enacted in relation to Roads and Maritime Services projects in the recent past.


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4.5 Confirmation of statutory position Confirm that the proposal does not require development consent, is not State significant development or State significant infrastructure and is subject to environmental impact assessment under Part 5 of the EP&A Act. List any other provisions in EPIs or other legislation that apply to the proposal.


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5 Stakeholder and community consultation

The discussion of stakeholder and community consultation describes the consultation process that has been undertaken and summarises the results. Identify and tabulate issues that have been raised and detail where the issues are addressed in the REF if applicable.

The sections provided below provide details of the type of information that should be provided within an REF where appropriate to the proposal.

5.1 Consultation strategy For larger projects, or where projects are likely to involve extensive consultation, a consultation strategy should be available. This section provides a summary of the consultation strategy for the proposal. The objectives of the consultation strategy are to provide clear guidance on the following:

Key outcomes for consultation.

Level of involvement and influence of stakeholders on the project.

Consultation tools and activities.

Relevance of consultation during the varying project stages.

If a consultation strategy is not prepared, provide a reference to, and brief discussion on, the relevant techniques followed in the current Roads and Maritime Services Community Involvement and Communications. A resource manual for staff.

If the REF is going on public display, acknowledge this as part of the discussion on consultation strategy.

5.2 Community involvement Describe the community consultation that has been undertaken for the proposal including details of the consultation tools used, eg letterbox drops, community updates, project website, exhibition of concept design plan, etc. As a minimum provide details of the date that consultation took place, the location and the intended recipients of the consultation. Identify the issues that have been raised and provide a reference of where the issues are addressed in the REF (if applicable).

5.3 Aboriginal community involvement Describe any Aboriginal community consultation that has been undertaken for the proposal. Depending on the proposed activity and existing environment, this could be a reference to a site investigation, consultation with the relevant Local Aboriginal Land Council (LALC) and/or traditional owners, following the Procedure for Aboriginal Cultural Heritage Consultation and Investigation (PACHCI) and in consultation with an Aboriginal Cultural and Heritage Advisor and environment staff. If applicable, identify any issues that have been raised and provide a reference to where the issues are addressed in the REF.

5.4 ISEPP consultation Describe consultation with a local council or other government agency that was carried out as a requirement under the Infrastructure SEPP. This consultation must


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be in writing and details of corresponding dates should be included in the REF. Refer to the REF consultation guidance note (EIA-P05-G03) for more advice.

Identify the major issues that have been raised in responses and provide a reference of where the issues are addressed in the REF (if applicable). It is important to adequately capture the main issue(s) raised and it is recommended that sections be quality checked to ensure the section referenced does address the issue as stated. It is usual to tabulate this information.

If consultation under the ISEPP was not carried out, explain why it was not necessary giving consideration to the provisions of Part 2, Division 1 of the ISEPP.

5.5 Growth Centres SEPP consultation For projects located in the north-west or south-west growth centres of Sydney, describe any consultation that was carried out with the Department of Planning and Environment as a requirement under clause 18A of State Environmental Planning Policy (Sydney Growth Centres) 2006. Refer to the REF consultation guidance note (EIA-P05-G03) for more advice.

Identify the major issues that have been raised in the response and provide a reference of where the issues are addressed in the REF (if applicable). It is important to adequately capture the main issue(s) raised and it is recommended that sections be quality checked to ensure the section referenced does address the issue as stated. It is usual to tabulate this information.

If Growth Centres SEPP consultation is not applicable to the project, this section can be deleted from the REF template.

5.6 Government agency and stakeholder involvement Reach agreement with the project manager on government agencies and communities to be consulted prior to commencing consultation. The Communication and Stakeholder Engagement Branch may need to be involved via the project manager.

Describe any other government agency or stakeholder (including councils) consultation undertaken for the proposal beyond the ISEPP consultation detailed in 5.4. The description of consultation efforts should include the consultation tools used and their audience.

Identify the major issues raised in responses. Provide a reference to where the issues are addressed in the REF (if applicable). It is important to adequately capture the main issue(s) raised and it is recommended that sections be quality checked to ensure the section referenced does address the issue as stated. It is usual to tabulate this information.

If there is uncertainty as to whether a particular organisation should be contacted, it is preferable to engage in consultation. In consulting with government agencies and other organisations, correspondence should be undertaken as early as possible in the preparation of the document to allow enough time for comments to be received. If no response is obtained from an organisation, note the efforts made to gain a reply.

When undertaking government agency and stakeholder consultation, forward all


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responses to the project manager and environment staff involved with the project. Appropriate privacy considerations are to be applied.

5.7 Ongoing or future consultation Finally, describe any ongoing consultation proposed. This may include continued consultation with an affected community, or continued consultation with a government agency regarding a permit or resolution of an issue.

If the REF is to go on public display, state that all submissions would be formally considered and responses provided in a submissions report, which would also be made available to the public.


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6 Environmental assessment

The purpose of this chapter is to describe and assess the potential impacts (both positive and negative) of the proposal during construction and operation. A paragraph of standard text introducing this chapter is included in the template.

Environmental factors that may require consideration in this section include (but are not limited to):

Traffic and access.

Biodiversity.

Water quality.

Soil (including acid sulphate soils).

Hydrology and flooding.

Noise.

Air quality.

Aboriginal heritage.

Non-Aboriginal heritage.

Socio-economic.

Land use.

Waste.

Resource use – community and natural resources.

Landscape character and visual impacts.

Cumulative impacts.

Climate change.

Order of environmental aspects A general principle is to present the assessments of environmental aspects in order from those experiencing greatest impact to those least impacted. More weight and generally more discussion is given for those aspects with the most serious environmental impacts. However, some aspects are related and should appear in a logical order, as outlined below: Traffic and access – traffic figures reported in this chapter will have informed

the noise assessment. Traffic and access should therefore be followed by noise and vibration.

Socio-economic – this section is informed by impacts described in a number of other sections, including:

- Traffic and access. - Noise and vibration. - Air quality. - Visual amenity.

The socio-economic chapter should therefore be preceded by all of these chapters.

Water quality – impacts described in the water quality assessment may inform the impacts within the biodiversity section. Where this is the case, water quality should precede biodiversity.

Climate change – impacts described in the flooding and hydrology assessment will inform the discussion in the climate change section and should precede it.


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Assess all known temporary, permanent, direct and indirect impacts. Distinguish between construction impacts and operational impacts and discuss separately. The following questions should be considered when describing the impacts of the activity and identifying likely issues:

How is the proposal likely to affect the physical aspects of the environment or introduce pollution or safety risk factors?

How is the proposal likely to affect the biological aspects of the environment?

How is the proposal likely to affect natural or community resources?

How is the proposal likely to affect the community?

How is the proposal likely to affect areas sensitive because of physical factors?

How is the proposal likely to affect areas sensitive because of biological factors?

How is the proposal likely to affect areas allocated for conservation purposes?

How is the proposal likely to affect areas sensitive because of community factors?

It is the responsibility of the REF preparer to ensure that adequate coverage of a proposal’s potential environmental impacts is provided.

6.1 Environmental aspect being assessed (eg biodiversity) The assessment of impact upon each environmental aspect considered would be composed of a description of the existing environment, identification of potential impacts and description of mitigation measures (if any) as a minimum. For some impacts, it may also be necessary to discuss the site history (eg contaminated land impacts), policy setting (eg climate change impacts), criteria (eg noise and vibration), and/or legislative considerations (eg flora and fauna impacts). These may appear as separate sub-headings if required. Reference all relevant guidelines in the discussion.

Some environmental aspects will require specialist knowledge to fully consider the potential impacts of the proposal. The need for a specialist study will be determined by the nature and scale of the proposal, the sensitivity of the affected environment and the level of existing knowledge available to allow confident prediction of impacts. When specialist studies are undertaken, the study should be referenced and included as an appendix to the REF. Provide a concise summary of the study, including: the date of publication, the study area, dates of any field studies, and the results and conclusions of the study.


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Defining the area of investigation

Where a database search has been undertaken, it is necessary to define the “search area”. This will vary considerably depending on the database and the search criteria.

Where a field investigation has occurred, it is necessary to define the “survey area”. This will vary considerably depending on the environmental speciality being assessed. Where field investigations have been completed, a figure containing an overlay of the survey area and the proposal on an aerial photograph must be included.

Avoid the use of “study area” to identify an abstract area around the project within which all impacts will be assessed. The appropriate scope of investigations will vary for each environmental aspect. Instead, the area of investigation for each aspect should be identified and impacts described relative to the proposal and its construction site. Identify distances and relationships of environmental features to the proposal or construction site when describing impacts.

The sections below give an indication of the type of information that should be provided when assessing the impacts on the environment. Note that not all sections will be applicable to each environmental aspect.

6.1.1 Existing environment

Describe the existing environment as it relates to the various impacts of the proposal in sufficient detail to provide the background to any potential impacts and/or risks. Include the results of database searches.

The extent of information required is dependant upon the sensitivity of the surrounding landscape, the extent of the proposal and the likely extent of the impacts, eg air quality may need a description of the relevant airshed, whereas noise and vibration may be limited to the area within 500 metres of the proposal.

Define the area of the investigation covered in the environmental assessment. This area is likely to be different for different environmental aspects. The area of investigation may relate to a defined area, such as a local government area, or may be site-specific, eg from the intersection of the Main Highway and City Drive south to Deep Creek bridge including 100 metres either side of the existing pavement.

6.1.2 History

Certain environmental factors may benefit from a discussion of the history of the study area or surrounding region, eg Aboriginal heritage, non-Aboriginal heritage, contaminated land, etc. Link the description of the history to the existing environment, providing sufficient detail to provide the background to any potential impacts and/or risks.

6.1.3 Policy setting

For some environmental factors, a description of the existing environment may not be appropriate, eg climate change, waste. Instead, it may be necessary to briefly describe the existing policy setting for a particular environmental aspect. In this instance the discussion should demonstrate the role of the NSW and/or


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Australian governments in addressing the issue, the objective(s) of the policy (including any regulatory framework), and how the existing policy influences and directs the Roads and Maritime Services in its investigation and/or assessment of the potential impacts of the proposal, including development of mitigation and management measures (where required).

6.1.4 Criteria

Target criteria should be included for certain environmental factors, particularly when relevant to assessing impacts and/or performance of the proposal, eg noise and vibration, air quality, water quality, etc. Avoid providing the theory behind criteria and instead reference the specific manual or guideline for this description. Additionally, provide only the criteria that are directly relevant to the assessment. Use plain English explanations of criteria wherever possible.

6.1.5 Potential impacts

Relate the potential impacts of the proposal to the description of the existing environment and/or policy setting. Identify the construction or operational nature of potential impacts and discuss separately. Where relevant, the analysis of potential impacts should consider:

The nature of impacts, including:

The level of confidence in their prediction.

The resilience of the environment to cope with the impacts.

The permanency of the impacts or how reversible the impacts are considered to be.

How adequately the impacts can be mitigated or managed.

Compliance with performance criteria, standards, plans or policies.

The anticipated extent of public interest in the impacts.

Whether additional studies are needed to adequately assess impacts or to develop management measures.

The extent of impacts (generally and in environmentally sensitive areas), including:

The type of impacts.

The size of impacts – considering amount, quantity, volume, mass or other relevant measure.

The scope (both direct and indirect) of impacts – considering area, number, range or limits or other relevant measure.

The intensity of impacts – considering power, vigour, force, strength, concentration, rate, ratio, proportion degree or other relevant measure.

The duration and expected timing of impacts during construction, operation and any decommissioning proposals – considering time length, period, interval, term, continuation or other relevant measure.

Results of any formal assessments such as the seven-part test or the NorBE should be clearly stated.

The level of analysis/discussion of each potential impact should reflect the magnitude of the impact and its importance for the proposal. Potential impacts of greater consequence should be adequately discussed to enable the development of a suitable mitigation strategy. If a negligible potential


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environmental impact has been identified, a concise and clear statement to that effect is to be provided, eg ‘As a result of the highly modified and urban environment, it is anticipated that the proposal would not effect any biodiversity values.’ If a negligible environmental impact is identified, no further information, eg legislative considerations or safeguards and management measures, is required in the REF.

When predicting impacts a clear distinction should be made between impacts which can be assessed quantitatively and impacts which can be assessed qualitatively. It should be noted whether any impacts will be offset at a project level, or at a regional or organisational level.

Finally it is necessary to rank the potential importance of each impact individually and collectively for each aspect. Impacts should be ranked as high, medium or low. The importance of each impact should be estimated based on the extent of the impact, eg impacts would be ranked as having a high potential significance if they are very intense or affect a large area or significant numbers of individuals or species over a long period of time. In providing the overall ranking for the environmental aspect, it is necessary to consider the overall effects of the impacts, eg although impacts may be of only low or medium ranking when considered alone, the cumulative effect of all the individual impacts could be much larger and result in a high ranking for the environmental aspect.

6.1.6 Safeguards and management measures

The environmental safeguards should relate directly to the potential impacts of the proposal. Safeguards will avoid, minimise, or mitigate identified impacts. Where residual impacts remain, compensatory measures may be developed in consultation with the project manager and environment staff and following consideration of related issues such as feasibility and cost.

A table format has been provided in the template. The table requires that the impact being addressed is entered alongside the mitigation measure. Responsibilities and time frame is also assigned against mitigation measures.

Mitigation measures must be developed in consultation with the project manager. The project manager should consult with the construction manager assigned to the project to ensure that mitigation measures are achievable. A Constructability Assessment ILC-MI-TP0-620 may assist with this review.

Consider the following when developing the safeguards and management measures:

The safeguards and management measures should be site-specific and additional to the controls and measures provided within the relevant QA Specifications, eg QA Specification G36 Environmental Protection (Management System). Contractors should be provided with relevant specifications when the REF is awarded to assist in this process (refer to the Project REF brief template (EIA-P05-G02-T02)).

Repetition of the controls and measures provided within the relevant QA Specifications is to be avoided.


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The safeguards and management measures are to be written concisely, clearly and with a high level of detail about dimensions and quantities, without specifying particular materials or methods to be used.

Wording should be consistent with how the safeguards and management measures will appear in an environmental management plan. For example use “will” or “must” rather than “would”.

The safeguards and management measures should make reference to relevant Roads and Maritime Services and industry accepted standards, guidelines, policies, codes of practice, etc, where possible.

The timing for implementation of safeguards and management measures should be specified where necessary, eg pre-construction, construction or operation. Safeguards should be grouped by the relevant timeframe that they are to be achieved.

All safeguards should be SMARTA:

Specific.

Measurable.

Achievable.

Realistic.

Time-driven.

Auditable.

If a monitoring program is considered appropriate, detail the following:

What is intended to be monitored, eg the effectiveness of noise attenuation measures?

Are there any standards, baseline data or criteria to measure against, eg construction noise goals, and will this need to be collected prior to the commencement of works?

What will the monitoring achieve, eg modification of the attenuation measures where necessary?

What is the timeframe associated with the monitoring, eg during construction only?


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7 Environmental management

The environmental management chapter provides the process to ensure that the safeguards and measures detailed in the REF would be implemented and includes consideration of any licenses, permits or approvals required to carry out the work.

7.1 Environmental management plans (or system) Describe the environmental management plans which would be developed prior to construction. As a minimum this will include a construction environmental management plan (CEMP). Describe the CEMP and other environmental management plans in general terms only, eg state that procedures and schedules for undertaking and recording inspections and auditing would be included rather than specifying the timing and nature of the inspections and auditing. Standard text is included in the template to assist with describing the environmental management framework.

Depending on the nature and scale of the proposal, it may be necessary to include a description of the use of an environmental management system (EMS) to manage and guide the implementation of the safeguards and management measures.

In addition, outline the relevant QA specifications which are applicable to the proposal, eg QA Specification G35 Environmental Protection (Management Plan), QA Specification G36 Environmental Protection (Management System), QA Specification G39 Soil and Water Management (Erosion and Sediment Control Plan) etc.

7.2 Summary of safeguards and management measures Present a summary table of the safeguards and management measures developed for environmental aspects in Section 6. The table format is provided in the template. Standard safeguards that will apply to all projects are included in the table. Enter project specific details, such as relevant specifications, timing, region etc to complete the standard safeguards. State any criteria described in Section 3 for sourcing additional fill or locating stockpile and compound sites.

Mitigation measures should be written as they would appear in an Environmental Management Plan. For example the word ‘must’ or ‘will’ is used instead of ‘would’ when describing actions that would be undertaken if the project were to proceed.

Where applicable, provide the timing for implementation of safeguards and management measures. Safeguards should be numbered and numbering should be continuous across the whole table.

7.3 Licensing and approvals In table format list all relevant licenses, permits, notifications and/or approvals needed to construct/operate the proposal, including how and when they should be obtained, eg prior to construction. List any timing implications with the licenses, permits, notifications and/or approvals.

Refer to further information on some of the licenses, permits, notifications and approvals that can apply to projects in the REF consultation guidance note (EIA-P05-G03).


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8 Justification and conclusion

A justification of the proposal and conclusion of whether the adverse environmental impacts are balanced or outweighed by the beneficial effects of the proposal is required for all REFs. Include a discussion under each of the following headings.

8.1 Justification Identify the benefits of undertaking the proposal. It may be appropriate to itemise these in list form. Contrast the environmental and social impacts of the ‘do nothing’ or other baseline option. Briefly discuss how the proposal is consistent with strategic or operational needs and contrast with the ‘do nothing’ or baseline option where appropriate.

8.2 Objects of the EP&A Act Describe how the proposal is consistent with or furthers the objects of the EP&A Act. This information is best presented in a table format. This table should not introduce any new information. Succinctly summarise how the proposal performs against the objects of the Act, referring to earlier sections in the REF where matters are further discussed as required.

Describe how the principles of ESD (one of the objects of the Act) are incorporated into the proposal. Comment on the relationship between the proposal and each of the principles identified in the headings in this section. For further information refer to the Addressing ecologically sustainable development practice note (EIA-N02).

8.3 Conclusion The conclusion to the REF is to be concise and based only on the information provided in the preceding chapters of the REF. Show consideration of all the environmental outcomes of the proposal as discussed above in determining whether beneficial outcomes outweigh adverse outcomes and enable determination of whether the proposal is justified. Standard text is provided in the template as a basis for the REF conclusion.

The Project REF template (EIA-P05-G02-T03) and this guidance note have been developed to ensure that the considerations in the guideline document Is an EIS required? (DUAP 1996) have been adequately addressed. The application of the factors in this guideline is a requirement for all determining authorities, including Roads and Maritime Services, under clause 228(1) of the Environmental Planning and Assessment Regulation 2000. The REF template also requires consideration of the factors listed in clause 228(2) of the Regulation as an appendix and further information on addressing these factors is provided in section 13.1 below. The completion of an REF prepared using the Project REF template (EIA-P05-G02-T03) based on the advice in this guidance note will result in the consideration of all relevant factors under the Regulation.

The Project REF template (EIA-P05-G02-T03) and this guidance note have also been developed to ensure that all matters of national environmental significance under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 are addressed. The Project REF template (EIA-P05-G02-T03) provides the matters of national environmental significance as an appendix and further information and advice about addressing these are provided in section 13.2 below. The


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completion of a REF prepared from the REF template for REFs will result in the consideration of all relevant matters of national environmental significance.


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9 Certification

The certification should be signed by the primary author of the REF and accepted by the project manager. Note that where the author is external to Roads and Maritime Services a draft of the REF will be reviewed by environment staff prior to production of the final report in accordance with the steps in the Project REF procedure (EIA-P05-2).

The certification must not be signed by the project manager until the review process described in the Project REF procedure (EIA-P05-2) has been completed and the REF is of appropriate quality. If in doubt, seek advice from environment staff.

10 References

Provide a Harvard style reference list of material referred to in the REF.

11 Terms and Acronyms used in this REF

Provide a list of the technical terms and acronyms used in the REF and their definitions. The terms must be consistent with EIAG Abbreviations and glossary of terms (EIA-F04).

12 Appendices

Append any specialist studies, concept designs, site photos, or other material that have been referred to within the REF.

13 Consideration of clause 228(2) factors and matters of national environmental significance

13.1 Clause 228(2) factors The following factors, listed in clause 228(2) of the Environmental Planning and Assessment Regulation 2000, are required to be considered to assess the likely impacts of the proposal on the natural and built environment.

To satisfy these requirements, complete the clause 228(2) factors checklist included as an appendix of the Project REF template (EIA-P05-G02-T02) and append to the REF. The checklist should be completed by the primary author of the REF.

Provide a discussion of the proposal in relation to each clause 228(2) factor in the checklist. Use the triggers shown in grey text in the template to identify the impacts for each factor. In the ‘impact column’, indicate whether the impacts identified are positive or negative, whether they will result in a short term or long term impact and whether there will be a local, regional, or statewide impact. The discussion of the proposal in respect of the clause 228(2) factors should be a summary of the impacts and mitigation already provided in the REF. There should be no new or additional impacts in the tables that have not been addressed in the main body of the REF.


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Some of the matters for consideration under each of the clause 228(2) factors are provided below. This is not an exhaustive list and other matters may need to be considered based on the specifics of the proposal.

(a) Any environmental impact on a community Roadworks usually do have an impact on the local community. These impacts and the proposed methods of reducing or eliminating the impacts should be 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. A summary of the impacts and mitigation should be provided in the clause 228 table.

(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 Ecosystems include 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 within or adjacent to the actual work site. Impacts may also occur to ecosystems (including population centres) which are some distance from the actual construction site.

(d) Any reduction of the aesthetic, recreational, scientific or other environmental quality or value of a locality

This factor requires consideration of whether there would be any reduction in the quality or value of the environment as a result of the proposal. 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 Aboriginal sites and relics, and non-Aboriginal sites, relics or structures which have any significance or value or potential 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


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breeding. The requirements of the Threatened Species Conservation Act 1995 also need to be considered.

(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 consideration of 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 proposal on animals and plants, as appropriate to the nature and scale of the works, should be fully considered. The requirements of the Threatened Species Conservation Act 1995 and the Fisheries Management Act 1994 also need to be considered.

(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. Long term effects on landscape character and the urban design qualities of a locality and/or region should also be considered.

(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 proposals the collection of baseline environmental data is useful for determining whether for example, water quality may be adversely affected by the proposed works. The baseline data can form the basis for subsequent monitoring and establish the level to be achieved in any necessary remediation work to ensure any degradation is minimised as far as practicable.

(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 Consideration of this factor relates to any uses of the land on which the works are proposed to be carried out that may be curtailed or no longer operate due to construction or operation of the road. This is wide ranging and might include consideration of the impacts on agriculture, forestry, recreation, wildlife or flora habitat, parks/reserves, mining, commercial, industrial or residential 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, dust and vehicle emissions, noise, rubbish and other wastes, noise, visual pollution, lights from vehicles and road lighting and the like.

(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 capacity of disposal sites for surplus


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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

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

This factor requires consideration of 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. This is a broad consideration that needs to go beyond Roads and Maritime Services proposals and activities.

(p) Any impact on coastal processes and coastal hazards, including those under projected climate change conditions

This factor requires consideration of any impacts on coastal processes and coastal hazards, including those under projected climate change conditions. More information on assessment of this factor is available from the Department of Planning and Environment coastal protection website, the NSW Sea Level Rise Policy Statement (DECCW 2009) and the NSW Coastal Planning Guideline: Adapting to Sea Level Rise (DoP 2010).

13.2 Matters of national environmental significance Under the EPBC Act, a number of matters of national environmental significance are required to be considered to assist in determining whether a proposal should be referred to the Australian Government Department of the Environment.

To satisfy these requirements, complete the matters of national environmental significance checklist included as an appendix of the Project REF template (EIA-P05-G02-T02) and append to the REF. The checklist should be completed by the primary author of the REF.

Provide a discussion of the proposal in relation to each matter of national environmental significance heading in the checklist. Identify the level of impact under the “impact” column of the checklist. The discussion of the proposal in respect of the matters of national environmental significance should be a summary of the impacts and mitigation already provided in the REF. There should be no new or additional impacts in the tables that have not been addressed in the main body of the REF.

Some of the matters for consideration under each of the matters of national environmental significance are provided below. This is not an exhaustive list and other matters may need to be considered based on the specifics of the proposal.

(a) Any impact on a World Heritage property A declared World heritage property is an area that has been included in the World


37

Heritage List or declared by the Commonwealth Minister for the Environment to be a World Heritage property. Details of declared World Heritage properties are available from the Department of the Environment website. Generally, Roads and Maritime Services proposals should avoid any impacts on World Heritage properties and consideration of this factor should have a ‘nil’ response. Where there are to be any impacts on a World Heritage property, the Senior Environmental Specialist (Heritage) in Environment Branch must be contacted to seek further advice.

(b) Any impact on a National Heritage place The National Heritage List includes natural, historic and Indigenous places of outstanding heritage value. Details of places on the National Heritage list are available from the Department of the Environment website. Where there are to be any impacts on a national heritage place, the Senior Environmental Specialist (Heritage) in Environment Branch must be contacted to seek further advice.

(c) Any impact on a wetland of international importance Wetlands of international importance are declared Ramsar wetlands, being those designated under Article 2 of the Ramsar Convention or declared by the Minister for Environment to be a Ramsar wetland. Details of Ramsar wetlands are available from the Department of the Environment website. Where there are to be any impacts on Ramsar wetlands, the Senior Environmental Specialist (Biodiversity) in Environment Branch must be contacted to seek further advice.

(d) Any impact on a listed threatened species or communities Impacts on listed threatened species or communities should be fully detailed in the body of the REF. Here, a summary of the likely impacts on nationally listed threatened species or communities should be provided. Details of listed species and communities are available from the Department of the Environment website. Where there is to be any significant impact on listed threatened species or communities, the Senior Environmental Specialist (Biodiversity) in Environment Branch must be contacted to seek further advice.

(e) Any impacts on listed migratory species Impacts on listed migratory species should be fully detailed in the body of the REF. Here, a summary of the likely impacts on any listed migratory species should be provided. Details of listed species and communities are available from the Department of the Environment website and for road proposals will generally relate to bird species (although there may also be potential impacts on marine species for some coastal proposals). Where there is to be any significant impact on listed migratory species the Senior Environmental Specialist (Biodiversity) in Environment Branch must be contacted to seek further advice.

(f) Any impact on a Commonwealth marine area Commonwealth marine areas are any part of the sea, including the waters, seabed and airspace within Australia’s exclusive economic zone and/or over the continental shelf that is not state or waters. Most Roads and Maritime Services proposals will not have any impact on a Commonwealth marine area as any interactions with the marine environment will be within state waters. Further details of Commonwealth marine areas are available from the Department of the Environment website. Where there is to be any impact on Commonwealth marine areas the Senior Environmental Specialist (Biodiversity) in Environment Branch must be contacted to seek further advice.


38

(g) Does the proposal involve a nuclear action (including uranium mining) Roads and Maritime Services proposals generally will not involve nuclear actions and the consideration of this factor should have a ‘nil’ response.

(h) Any impact (direct or indirect) on Commonwealth land Consideration needs to be given to any direct or indirect impacts of the proposal on Commonwealth land. This may be where the proposal traverses a portion of Commonwealth land (eg airport land) or may have impacts on adjoining or nearby Commonwealth land (eg defence land). Commonwealth land is defined by the EPBC Act and includes, amongst other things, any land owned or leased by the Commonwealth or Commonwealth agency (including any airspace above that land). Where there is to be any impact on Commonwealth land the Senior Environmental Specialist (Planning & Assessment) in Environment Branch must be contacted to seek further advice.

If the assessment finds that there will be a significant impact on any matters of national environmental significance the proposal will need to be referred to the Australian Government Minister for the Environment to determine whether or not it is a controlled action under the Environment Protection and Biodiversity Conservation Act 1999. If the REF finds that there will be a significant impact contact environment staff for advice as soon as possible.

What is a significant impact for matters of national environmental significance? A significant impact is an impact which is important, notable, or of consequence, having regard to its context or intensity. Whether or not the proposal is likely to have a significant impact depends upon the sensitivity, value and quality of the environment which is impacted, and upon the intensity, duration, magnitude and geographic extent of the impacts. All of these factors need to be considered when deciding whether the proposal is likely to have a significant impact on the environment. The significance of impacts should be decided in accordance with the Matters of National Environmental Significance Significant Impact Guidelines 1.1 (2009) and the Actions on, or impacting upon Commonwealth land and Actions by Commonwealth Agencies Significant Impact Guidelines 1.2 (2010).

14 Neutral or beneficial effect on water quality assessment

A neutral or beneficial effect on water quality occurs when an activity: 1. has no identifiable potential impact on water quality; or 2. will contain any such impact on the site of the activity and prevent it from

reaching any watercourse, waterbody or drainage depression on the site; or 3. will transfer any such impact outside the site by treatment in a facility and

disposal approved by a public authority (but only if the public authority is satisfied that water quality after treatment will be on the required standard).

For practical application, a proposed activity will have a neutral or beneficial effect on water quality is it complies with one of the following:

1. There are no factors involved that have any potential to impact on water quality. Changes to the site conditions and/or the nature and location of the activity will not occur in any way that has the potential to:

a. directly change pollutant loadings by introducing or increasing substances into the hydrological cycle (such as waste flows, increased


39

erosion, nutrients and sediments), or b. indirectly change the quality of water in the hydrological system by

changing the bio-physical characteristics of the site in any way that reduces, or poses a significant threat of reducing the capacity of the site and related hydrological/ecological components to assimilate, treat and otherwise produce water of at least equal quality to that contributed by the existing systems. Changes relate to the environmental values of the system, and may include:

i. significant changes to flows (reductions or increases to flows), or

ii. clearing or degradation of watercourses or of riparian corridors, or

iii. changing the flow paths of water through these assimilative systems.

2. The activity will not adversely affect water quality off the site because: a. pollutant loads that occur as a result of the activity can be transported

to acceptable downstream treatment and disposal facilities without adverse off-site water quality impacts, and/or

b. any water quality issues can be effectively managed on-site such that there are no adverse water quality impacts occurring off-site; and

c. there are no adverse water quality impacts that arise or are likely to arise indirectly as a result of changes to factors that affect the treatment, assimilation of pollutants, or affect the quality of water as part of the hydrological cycle (such as changes to flow or flow paths, water courses or riparian corridors) that can adversely affect the water quality off the site.

The site of a proposed activity, for the purpose of determining water quality impacts, is the land described in the Part 5 environmental assessment report. Pollutant loads or concentrations for each pollutant leaving site are measured at the site boundary, or at that point where the pollutant enters a drainage depression, waterbody or watercourse.

The Sydney Catchment Authority (SCA) has endorsed a range of Current Recommended Practices and Standards (CRPs) as required under the provisions of the SEPP. These are listed on the SCA website at Current recommended practices and Standards - Sydney Catchment Authority. Management measures should be consistent with these practices and standards or demonstrably of equivalent affect.

15 References

A number of specific references have been cited within this guidance note, and it is recommended that these be followed where applicable. General consideration should also be given to the following documents.

The ‘Community consultation’ section of this guidance note should be read in conjunction with:

Communications and Community Involvement: A Resource Manual for Staff, 2010.

The ‘Describing the proposal’ section of this guidance note should be read in conjunction with:

RTA’s Road Design Guide


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RTA’s Beyond the Pavement – RTA Urban and Regional Design Practice Notes, including:

Bridge Aesthetics Guidelines

Noise Wall Design Guidelines

Shotcrete Design Guidelines

RTA’s Traffic Control at Work Sites Manual

‘Is an EIS required? Best practice guidelines for Part 5 of the Environmental Planning and Assessment Act 1979’ (DUAP, 1996).

Roads and Related Facilities EIS guideline (DUAP 1996).

The “Assessing the environmental impacts of the proposal” section of this guidance note should be read in conjunction with:

‘Is an EIS required? Best practice guidelines for Part 5 of the Environmental Planning and Assessment Act 1979’ (DUAP, 1996).

Roads and Related Facilities EIS guideline (DUAP 1996).

NSW Coastal Planning Guideline: Adapting to Sea Level Rise (DoP, 2010).

NSW Sea Level Rise Policy Statement (DECCW, 2009).


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About this document

Reference number

EIA-P05-G02

Title Guidance Note: Preparing a project review of environmental factors

Parent procedure EIA-P05-2 Project REF procedure - roads



Senior Environmental Specialist (Planning & Assessment)

Approved by Principal Manager Environmental Policy, Planning & Assessment

Objective location



3.3 August 2014


1.0 03/11/08 First issue

1.1 04/12/08 References to REF template document number corrected

2.0 30/06/10 EIA-P05-2 changes, general best practice updates

2.1 25/01/11 Addition of clause 228(2)(p)

3.0 09/09/11 Incorporation of trial comments. Legal review complete. Third issue.

3.1 05/12/11 Change to Roads and Maritime Services


3.3 21/08/14 Updated titles, roles and responsibilities and processes following internal restructure. Update to State and Australian Government department titles. Made consistent with web accessibility requirements (WCAG). Update document location (G drive to Objective). Update to logo and report template.

Your comments and suggestions to improve the EIA guidelines may be sent to: Senior Environmental Specialist (Planning and Assessment) Environmental Policy, Planning and Assessment Environment Branch, Roads and Traffic Authority Level 17, 101 Miller Street North Sydney, NSW 2060 Ph: 8588 5726


42

REF preliminary scoping checklist

This checklist is to be used to identify likely preliminary environmental issues for a proposal. It should be completed at an early stage of project development, prior to developing a brief to initiate the preparation of a project review of environmental factors (REF). The checklist should be completed in consultation with the Lead Environmental Adviser following a site inspection. Using Gipsicam and recent aerial imagery may also be of assistance. The issues identified in the checklist should be used to inform the brief for preparation of a REF and be made available to the successful service provider or person preparing the REF.

Note: The checklist is to be used as a preliminary tool to help scope environmental issues early in project development – it is not intended to replace or avoid the need for an appropriate level of environmental impact assessment.

Proposal:

Location:

Scope and description of likely works: Include aerial photo map with proposed footprint. Aerial map should identify any areas of vegetation, waterways and sensitive receivers. Briefly describe the proposal and construction activities including any ancillary facilities, temporary access or other temporary facilities required for construction. Indicate the locations of any construction facilities on the aerial map where known. Description should identify major structural features of the proposal and detail any changes to existing traffic access and movement arrangements.

Date of site inspection:

Flora and fauna

Is any vegetation going to be impacted due to the works (i.e. clearing of trees and shrubs)?

Yes / No / Unsure

Are the works likely to require removal of any mature trees with a girth of more than 100mm?

Yes / No / Unsure

If yes – how many? Provide details of species if known or an aerial photo indicating the area of impact.

Are there any tree hollows, hollow logs in the likely project footprint (identified in the site inspection)?

Yes / No / Unsure

If yes – provide details.

Are there any crevices or other locations (such as on bridges and culverts) for potential bat habitat likely to be disturbed by the works?

Yes / No / Unsure

This template should be used in conjunction with procedure EIA-P05-2 Printed copies of this document are uncontrolled EIA-P05-G02-T01 Issue 2.2 1


Are the works in or near a National Park, marine park, travelling stock route, state forest or conservation area?

Yes / No / Unsure


Are there known threatened species, endangered ecological communities, critical habitat, SEPP 14 wetland or SEPP 26 littoral rainforest in or near the likely project footprint? Provide details based on information from general knowledge or other project experience. Not required to carry out database searches or other assessment at this time.

Yes / No / Unsure


Are the works likely to disturb natural waterways or aquatic habitat?

Yes / No / Unsure

If yes – what are the waterway/habitats? Provide details of likely disturbance if known or an aerial photo indicating area of impact.

Additional comments

Soil and water

Does the project occur within the Sydney Drinking Water Catchment SEPP? Maps are available online.

Yes / No / Unsure

Are there any sensitive receiving environments that are located in or nearby the likely project footprint or that would likely receive stormwater discharge from the project? Sensitive receiving environments include (but are not limited to) wetlands, state forests, national parks, nature reserves, rainforests, drinking water catchments.

Yes / No / Unsure

If yes – what are these?

Would the works be carried out near a waterway (i.e. within 50 metres)?

Yes / No / Unsure

If yes – what waterway(s)? Provide details of receiving catchment if known.

Is the location known to flood or be prone to water logging? Yes / No / Unsure If yes – provide details.

What is the topography of the likely project footprint (ie is the landform sloping)?

Yes / No / Unsure


If yes – provide details and approximates slope.

Is there any evidence within or nearby the likely project footprint of potential contamination? This might include dip sites, service stations, fuel storage, industrial land uses nearby the land.

Yes / No / Unsure


Is the location known to be subject to acid sulfate soils? Yes / No / Unsure If yes – provide details.

Are the works likely to result in more than 2.5ha (area) of exposed soil?

Yes / No / Unsure

Is there sufficient land available as part of the likely project footprint that would allow the future implementation of appropriate erosion and sedimentation control measures (eg basins)?

Yes / No / Unsure

Additional comments

Aboriginal heritage

Would the likely works involve any disturbance in any area that has not been subject to previous ground disturbances? This might include soil ploughing; buildings and structures (and the land in the immediate vicinity of these buildings and structures); rural infrastructure (such as dams and fences); roads, trails and walking tracks; clearance of vegetation; pipelines, transmission lines, stormwater drainage and other similar infrastructure; earthworks associated with these activities. Note: use 1943 air photos in SIX or other aerial photography as a general guide if available. If yes – provide details.

Yes / No / Unsure

Would there be removal of mature native trees? Yes / No / Unsure Yes / No / Unsure Yes / No / Unsure

Have trees been checked to see if they are scarred? Is further investigation required to determine potential impacts on Aboriginal cultural heritage? Refer to the Procedure for Aboriginal Cultural Heritage Investigation. Additional comments

Non Aboriginal Heritage

Have online heritage database searches been completed? Refer Attachment 1.

Yes / No / Unsure


Are works likely to occur in or near a listed heritage item or conservation area?

Yes / No / Unsure

If yes – what items/areas? What level of significance has been given to the items/areas?

Are works likely to occur near a potential heritage item or conservation area? Identify from site inspection – refer Attachment 2.

Yes / No / Unsure

If yes – what potential heritage items/areas have been identified?

Are works likely to occur in or near features that may indicate potential archaeological remains? Identify from site inspection – may include evidence of previous domestic, agricultural, industrial and/or infrastructure activity. Common indicators include (but are not limited to) remains of old buildings, sandstone/brick rubble, artefact scatters, traditional hedges/gardens or tree avenues, farm outhouses, disused farm equipment/machinery, wells, disused mine shafts, old kerbing and pavement.

Yes / No / Unsure

If yes – what features have been identified?

Additional comments


Noise and vibration

Is the existing environment characterised by high levels of noise? Considering what is a high noise level is to be based on a general sense of the noise environment gathered from site inspection. No monitoring or assessment is required at this stage.

Yes / No / Unsure

If yes – provide details of the observed noise environment.

Urban: Are there any residential properties or other sensitive receivers within 200 metres of the likely project footprint?

Yes / No / Unsure

Rural: Are there any residential properties or other sensitive receivers within 1000 metres of the likely project footprint?

Yes / No / Unsure

Will the likely works alter the line or level of an existing carriageway?

Yes / No / Unsure

Will the likely works result in a change in traffic flow? Yes / No / Unsure Will the likely works result in an increase of more than 10km/h in traffic speed?

Yes / No / Unsure

Will the likely works involve the installation of audio-tactile line markings (vibraline or similar devices)?

Yes / No / Unsure

Is it evident that the proposal will result in substantial noise and vibration impacts?

Yes / No / Unsure

Is it likely that the works would require activities to be carried out outside the DECCW standard working hours? This might be due to the location of the works or the nature of the activities that have to be carried out.

Yes / No / Unsure

Additional comments


Air quality

Is the existing environment characterised by poor air quality? This is to be based on a sense of the air quality environment gathered from site inspection. No monitoring or assessment is required at this stage. Indicators of air quality might include heavy traffic on surrounding roads, presence of industry or certain types of agriculture, location in the south-west of the Sydney basin.

Yes / No / Unsure

If yes – provide details of the observed air quality environment.

Would the likely works involve exposure of large areas of soil (greater than 2.5ha)?

Yes / No / Unsure

Is it clearly evident that the project will result in substantial air quality impacts?

Yes / No / Unsure

Additional comments

Landscape and visual character (refer to Landscape character and visual impact assessment practice note EIA-N04 for assistance)

Is the likely project footprint over or near to any important physical or cultural elements or landscapes? This might include heritage items, heritage conservation areas, distinctive/historic structures, national parks, conservation areas, scenic highways and the like.

Yes / No / Unsure


Is the likely project footprint over or near any valued landscape or urban area? This might include scenic topography, scenic rural landscapes, parks, rivers, lakes, ocean, townscape, other landmarks and the like.

Yes / No / Unsure


Is it likely that the works will require noise mitigation to sensitive receivers (might include things such as new noise walls or mounds, visible changes to existing noise walls or mounds)?

Yes / No / Unsure


Is it likely that the works will involve construction of a new bridge or intersection or result in a substantial change to the appearance of an existing bridge or intersection ?

Yes / No / Unsure


Additional comments

Traffic and transport

Is the existing road environment characterised by high levels of traffic? This is to be based on a sense of the general traffic environment gathered from site inspection. No monitoring or assessment is required at this stage.

Yes / No / Unsure

If yes – provide details. Provide details of differences at day/night if known.

Is the existing road environment characterised by high numbers of heavy vehicles? This is to be based on a sense of the heavy vehicle environment gathered from site inspection. No monitoring or assessment is required at this stage.

Yes / No / Unsure

If yes – provide details. Provide details of differences at day/night if known.

Is the existing road environment characterised by high levels of pedestrian or cycle movement? This is to be based on a sense of the pedestrian/cyclist activity in the environment gathered from site inspection. No monitoring or assessment is required at this stage.

Yes / No / Unsure


Are there other transport nodes or transport infrastructure in the surrounding area? This might include train stations, railway tracks, bus stops, bus lanes, taxi ranks, trail heads, wharfs, ferry terminals, cycle tracks, public car parks and the like.

Yes / No / Unsure


Would the likely works require disruptions to existing traffic/lane closures/roadwork zones/changes to access etc?

Yes / No / Unsure


Additional comments


Social and economic

Is the likely project footprint in or near any items that might be of high social value to the community? This might include landmarks, cultural tree plantings, memorials, parks, areas of natural or scenic value, cemeteries, places of worship and the like.

Yes / No / Unsure


Is the nature of the likely project going to bypass, reduce access or reduce visibility to any businesses, farms, tourist attractions?

Yes / No / Unsure


Is the nature of the project likely to reduce the availability of amount of on-street car parking?

Yes / No / Unsure


Additional comments

Land use and property

Provide details of the existing land uses in and near the likely project footprint (eg grazing, pasture, residential, recreation, industrial, commercial etc.):

If possible obtain details of property titles in the likely project area – check for interests in land such as National Parks and Wildlife Act reservations, road reservations, public cemeteries, Crown land, land under native title claim, Aboriginal land claim, Aboriginal land council land, travelling stock routes. Provide details:

Is the nature of the project likely to influence land use changes in the locality or in response to emerging land use changes?

Yes / No / Unsure

If yes, provide details.

Are there accesses to private property in or nearby the likely project footprint?

Yes / No / Unsure

If yes, provide details.

Additional comments:


Completed by:

Name Signature

Position Date

Name Signature

Position Lead Environment Advisor Date

Additional comments or actions required:


Attachment 1 – Searching Non Aboriginal heritage databases

Check the following online heritage databases:

1. NSW Heritage Branch State Heritage Inventory. This list contains heritage items on statutory heritage registers across NSW (eg heritage listings on environmental planning instruments, State Heritage Register and state government section 170 registers). http://www.heritage.nsw.gov.au/07_subnav_04.cfm

2. Heritage listings under the Federal Environment Protection and Biodiversity Conservation Act 1995 (EPBC). This list contains heritage items that are included as matters of National Environmental Significance under the EPBC Act. http://www.environment.gov.au/heritage/places/nsw/index.html

3. Australian Heritage Places Inventory. This list summarises a number of state, territory and commonwealth heritage registers and lists, including non-statutory heritage lists. http://www.heritage.gov.au/ahpi/

There is likely some overlap in the online heritage lists but it is important to check all three. Remember to:

Search by the project suburb or street. In some areas it may be necessary to search by local government area (LGA) as this allows a greater chance of capturing items/conservation areas with ambiguous street or suburb residences.

Review the search results and confirm the physical location of heritage items and consideration areas.

When location data is not clear form the heritage listing, further clarification would be required. This can be sought by going directly to the original listing source (such as the relevant environmental planning instrument – often in a local environmental plan (LEP). Environmental planning instruments, including LEPs, are available from the NSW legislation website. www.legislation.nsw.gov.au

You should also:

4. Contact the heritage team in Environment Branch to confirm the most up to date version of the Roads and Maritime Services Section 170 Heritage and Conservation Register.

5. Confirm (by mapping all search results) if listed heritage items or conservation areas are located within the likely project footprint (including ancillary sites if these are known).

6. If there is a known listed heritage item or conservation area within the project impact zone contact regional environmental staff for further advice.

7. If there are no known listed heritage items or conservation areas within the likely project footprint consider whether there is potential for unlisted heritage items or (potential heritage items) to exist within the area.


www.legislation.nsw.gov.au

http://www.heritage.gov.au/ahpi

http://www.environment.gov.au/heritage/places/nsw/index.html

http://www.heritage.nsw.gov.au/07_subnav_04.cfm

Attachment 2 – Identifying potential heritage items

The following types of potential heritage items may be located within the likely project footprint or study area but may not be registered or identified on a heritage list. Heritage items regularly found within the road formation include culverts, drains, road pavement, retaining walls, disused bridge abutments, kerbing and guttering, causeways, dams, weirs, survey trees and markers, milestones, obelisks and alignment stones.

The photographs below can be used as a general guide in helping identify if potential heritage items may exist in a likely project footprint. They are typical of the site types often found on Roads and Maritime Services road projects. However, please note this it is not a comprehensive typology of all potential heritage items that may exist.

If any of the following exist within or nearby the likely project footprint contact regional environment staff for further advice. If in doubt email a photo to [email protected].

Mileposts

Concrete milepost Timber milepost Sandstone milepost


Culverts

Brick arch culvert Culvert built into a sandstone retaining wall

Railway brick arch culvert with concrete reinforcement above

Sandstone culvert headwall with terracotta pipe

(built 1830s)


Retaining walls

Well formed sandstone retaining wall in very good condition

Irregularly formed retaining wall

Sandstone with evidence of historic activity

Formed sandstone blocks with tooled margin edging and a claw chisel finish

Typical pick marks on sandstone block face

Causeways Artefact scatters

Causeway showing the remaining sandstone edging

Artefact scatter


Survey and scar trees

Survey tree Survey tree

(Note: survey trees are not necessarily heritage items – if the likely works impact on a non heritage survey tree discuss with Roads and Maritime Services surveyors)

Scar tree Scar tree


Historic road fabric

Corduroy road Macadamise road surface

Macadamise road surface

Telford road base


Railway tracks Cultural plantings

Railway rails and sleepers Exotic fig tree (historical planting)


About this document

Reference number

EIA-P05-G02-T01

Title REF preliminary scoping checklist

Parent procedure EIA-P05-2 Project REF procedure – roads




Approved by

Principal Manager, Environmental Policy, Planning and Assessment

Objective location



2.2 August 2014





2.2 21/08/14 Change to document location (G drive to Objective). Made web accessible in accordance with WCAG.

Your comments and suggestions to improve this or any of the EIA guidelines may be sent to:

Senior Environmental Specialist (Planning and Assessment) Environmental Policy, Planning and Assessment Environment Branch, Roads and Maritime Services Level 17, 101 Miller Street North Sydney, NSW 2060 Ph: 8588 5726


Environmental Impact Assessment

Standard brief template

Project REF brief EIA-P05-G02-T02

Using this document

Conditions of use

This Roads and Maritime Services project review of environmental factors (REF) brief template should be used for engaging contractors to prepare a roads project REF. Note the following conditions for use of this brief template:

1. The Roads and Maritime Services project manager must ensure that a project REF is the appropriate environmental assessment report. Refer to the Roads and Maritime Services environmental impact assessment procedure: Project review of environmental factors (EIA-P05-2) and consult with Roads and Maritime Services environment staff.

2. A concept design must have been prepared for the project. Assessment of options and development of a concept must be completed prior to the REF stage. If environmental investigations are required and the scope of the proposed works is still being developed, a preliminary environmental investigation (PEI) report is appropriate.

3. Consultation with Roads and Maritime Services environment staff is required to confirm the need for specialist studies, confirm known environmental constraints, review the REF methodology and review the scope of any specialist studies.

4. If the project is for routine or minor works refer first to the Environmental assessment procedure for routine and minor Works (EIA-P05-1).

5. All contractors must use the Roads and Maritime Services project review of environmental factors template (EIA-P05-G02-T03) and complete the REF review checklist - self assessment (EIA-P05-G04-T01). The REF templates and guidance notes must be attached to all briefs for project REFs.

6. Contractor insurance requirements are covered in the Professional Services Contract (Construction Industry) C73 owned by Infrastructure Contracts. If you do not intend to use this contract template, please contact environment staff for advice.

7. This page must be deleted from the REF brief.

(blank page)

INSERT PROJECT TITLE Project review of environmental factors brief INSERT MONTH YEAR

Contents

1 Introduction .............................................................................................................1 1.1 Purpose ..................................................................................................................................................................................1

1.2 Project description.........................................................................................................................................................1

1.3 Background .........................................................................................................................................................................1

1.4 Project information ........................................................................................................................................................1

2 Scope and methodology .............................................................................3 2.1 General ...................................................................................................................................................................................3

2.2 Specialist studies............................................................................................................................................................3

2.3 Submissions report.......................................................................................................................................................4

3 Report presentation.........................................................................................4

4 Project supervision, schedule, outputs and fees ...............5 4.1 Project supervision .......................................................................................................................................................5

4.2 Project schedule .............................................................................................................................................................5

4.3 Project outputs..................................................................................................................................................................7

4.4 Project fees and payment.......................................................................................................................................8

5 Response to brief ..............................................................................................8

6 Right of access ....................................................................................................9

7 Work health and safety.................................................................................9

8 Permits .........................................................................................................................9

9 Privacy.......................................................................................................................10

Roads and Maritime Services Insert Project Title REF brief i

1 Introduction

1.1 Purpose Roads and Maritime Services requires qualified personnel to prepare a review of environmental factors (REF) to fulfil the requirements of Part 5 of the Environmental Planning and Assessment Act 1979 (EP&A Act), and to take into account all matters affecting or likely to affect the environment as a result of the proposal.

The REF will be placed on public display. Roads and Maritime Services also requires the preparation of a submissions report to summarise and respond to issues raised in response to the REF.

1.2 Project description Provide a description of the proposal and detail the likely extent of works. This should be based on the concept design. Do not use this template if a concept design has not yet been developed. Some matters to consider in detailing the project description: The extent of the study area/road corridor. Construction methodology and likely sequence of work if known. The need for stockpiles, compound sites, utility adjustments, sediment basins

and other ancillary facilities if known. Working hours, duration of works, expected date of commencement. Equipment/machinery that may be used. Any likely tree removal or vegetation trimming. Any scaffolding or containment requirements for works on bridges and other

structures. It may be useful to include a map showing the details and location of the works and also detailing any known sensitive receivers or environmental constraints.

1.3 Background Background information relevant to the proposal that would assist in your response to this brief includes the following:

Insert any background information to set the scene for the works. This might include a brief description of the site and surrounding locality, any issues arising from community consultation or preliminary environmental assessment and any known environmental constraints.

1.4 Project information The following project information is appended to this brief to assist in your response: Preparing a project REF guidance note - EIA-P05-G02 (Appendix A).

Project REF template - EIA-P05-G02-T03 (Appendix A).

REF review guidance note - EIA-P05-G04 (Appendix A).

REF review checklist – self assessment - EIA-P05-G04-T01 (Appendix A). Site location map (Appendix B). Concept design (Appendix C). Completed Preliminary scoping checklist – EIA-P05-G02-T01 for the project.

(Appendix D).

Roads and Maritime Services Insert Project Title REF brief 1

Detail any additional specific information that could be provided to the tenderer to assist in the response to this brief. This could include any specialist studies completed, environmental investigations, aerial photography etc.

The successful tenderer will have access to the following additional information to assist with the preparation of the REF:

Detail any investigations undertaken to date and any investigations in progress that may be relevant to determining the environmental impact of the proposed activity. This may include previous EIA, preliminary environmental investigations, route plans, route selection reports, options assessment reports, consultation documents etc.

List the relevant Roads and Maritime Services (formerly RTA) specifications that will apply to the proposal to assist the contractor in developing mitigation measures without repetition.

Focus on quality

Roads and Maritime Services expects a high standard of quality for REFs. The completeness of the environmental impact assessment and the reputation of Roads and Maritime Services both rely upon the quality of the REF produced. A high quality REF has the following characteristics: Follows basic EIA principles. Is technically accurate. Is comprehensive. Is easy to read. Language and technical information is consistent throughout the document. Is right first time – with no need for re-work.

REFs will not be accepted as a first draft until an adequate standard of quality is achieved.


2 Scope and methodology

2.1 General The REF should be prepared in accordance with the Roads and Maritime Services’ Project review of environmental factors template (EIA-P05-G02-T03) (the REF template) and Preparing a review of environmental factors guidance note (EIA-P05-G02). These documents are attached.

Prior to commencing the REF it is expected that the contractor will undertake and document the following tasks:

Accompany the Roads and Maritime Services project manager (insert name) on a site visit to discuss the proposal and establish clear lines of communication. The site visit must be attended by the person(s) managing and writing the REF.

Review existing information to determine potential environmental constraints, including literature reviews and database search results, feedback from community consultation if available, concept designs, construction footprint, construction methodology, etc.

Provide a map, overlain by the proposal, indicating the proposed area of any field surveys to the project manager for discussion and modification as required.

Add any further requirements.

2.2 Specialist studies In addition to the above it is expected that the following specialist investigations would be required:

Detail specialist study, eg noise, ecology etc. For advice on the need for specialist studies, consult Roads and Maritime Services environment staff including specialists in Environment Branch.

Detail specialist study, e.g. noise, ecology etc.

The scope of the specialist investigations must be approved by Roads and Maritime Services prior to engaging a consultant. Separate briefs and relevant Roads and Maritime Services guidelines relating to each of these specialist studies are attached to this REF brief.

Where available, standard briefs for each type of specialist study should be attached to the REF brief. Links to currently available online standard briefs are provided below. If a standard brief for the specialist study required has not been published online, contact the relevant Environment Branch specialist.

Procedure for Aboriginal cultural heritage consultation and investigation (includes briefs). For advice on which brief is the most appropriate, contact the Roads and Maritime Services Senior Environmental Specialist (Heritage) in Environment Branch.

Any Roads and Maritime Services guidelines relevant to the preparation of specialist studies should be attached to the REF brief with its corresponding specialist study brief. Consult with Roads and Maritime Services environment staff for advice on appropriate guidelines.


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Summaries and conclusions of specialist studies should be incorporated into the relevant sections of the REF with complete copies of the studies provided in the appendices of the report. All specialist studies undertaken must be conducted by qualified, and experienced (including licensed where applicable) persons and in accordance with any relevant Roads and Maritime Services guidelines or other industry standard.

2.3 Submissions report The contractor is to prepare a submissions report to summarise and respond to submissions received during the public display of the REF. Refer to details in the REF consultation guidance note (EIA-P05-G06), REF submissions report brief (EIA-P05-G06-T01), and REF submissions report template (EIA-P05-G06-T02) for more information to insert here if required.

Report presentation

The standard for all reports prepared by the contractor must meet the following as a minimum: The draft and final copies of reports must be professionally edited and vetted

for typographical and grammatical errors before submission to Roads and Maritime Services. The reports must follow the current Roads and Maritime Services editorial style guide with spelling consistent with the Australian Macquarie Dictionary.

All reports should be written in clear and concise plain English.

All reports are to be prepared to meet the Web Content Accessibility Guidelines (WCAG) 2.0, Level AA.

The draft and final copies of reports must be accompanied by the signed and certified Review checklist – self assessment (EIA-P05-G04-T01). The self assessment checklist is to be completed by the person or persons who prepared the REF prior to its finalisation and submission to the Roads and Maritime Services representative. It is also to be checked and certified by a senior staff member to the REF self assessment. If there is no appropriate senior staff member to check and certify the quality of the REF, an alternative quality certification process must be agreed to with the Roads and Maritime Services project manager and detailed in the response to this brief.

Figures, tables and graphs should be used to convey information where possible rather than lengthy text descriptions. Titles, scales and legends (including north points) should be included as appropriate.

Any maps included must be based on topographical information rather than cadastral information. If published maps are reproduced their source must be acknowledged and referenced. Maps and diagrams should include appropriate legends, scale and bearing.

Photos of the study area should be provided in the appendix of the report. Photos are to be in jpeg format

Jargon, acronyms and technical words should be clearly explained at the first point of reference in the reports. Acronyms that are not generally common knowledge should be avoided throughout the report and written in full.


Any appendices, annexures and attached data files must be clearly labelled and readily referenced into the body of the reports.

Draft copies of reports are to be clearly watermarked ‘draft’.

The report cover and all documents in general must be produced in accordance with the Roads and Maritime Services’ visual identity manual. All documents should be of a standard suitable for public availability. The contractor must liaise with a member of the Roads and Maritime Services’ graphics panel for the preparation of materials for public availability. No ‘branding’ of the report with the preferred contractor’s logo or name should occur.

Special note:

All reports submitted to Roads and Maritime Services must adhere to the Environmental assessment procedure for project review of environmental factors -roads (EIA-P05-2). Any report that does not adhere to this procedure, including the requirements for adequate quality, will not be accepted as an output under 4.3 by Roads and Maritime Services. Time delays as a result of any inadequate reports submitted to Roads and Maritime Services will be the responsibility of the contractor.

4 Project supervision, schedule, outputs and fees

4.1 Project supervision Contact details for the Roads and Maritime Services’ representative for the project are as follows:

The Roads and Maritime Services representative is the person who will be responsible for the management of the successful tenderer. Provide the contact details for the Roads and Maritime Services representative, including postal address, email address and work number.

Any questions relating to this brief must be directed to the Roads and Maritime Services representative.

4.2 Project schedule Preparation of the REF commences upon receipt of a letter of acceptance. The timeframes for preparation and finalisation of the REF are as follows:

Detail the expected date or timing (eg 10 March 2012 or 2 weeks after site visit) for the submission of the draft report and the final report. Include inception and progress meetings where known and relevant. The timeframe should consider review and receipt of comments from interested parties on specialist studies and the draft report. Where public display is expected, allow adequate time for the Roads and Maritime Services approval process. This includes approval of the contractor’s draft report cover, generation of Roads and Maritime Services and ISBN publication numbers and review by Roads and Maritime Services Communication and Stakeholder Engagement section. Also consider any statutory requirements that need to be addressed that would impact upon the timeframe, e.g. ISEPP consultation requirements, community consultation requirements. Tabular format is the most effective way of presenting this information. The below table is a sample, adapt to your project requirements.


Activity/Output By when

Award contract Date/timing

Inception meeting Date/timing

Site visit Date/timing

Submit proposed REF methodology, survey area map and scope of specialist studies for Roads and Maritime Services approval

Date/timing

Initiate ISEPP and other statutory consultation Date/timing

Submit draft specialist reports for Roads and Maritime Services review

Date/timing

Submit draft REF report for Roads and Maritime Services review (including completed and certified REF review checklist – self assessment (EIA-P05-G04-T01))

Date/timing

Submit draft REF report cover Date/timing Submit final draft REF report for Roads and Maritime Services review (including completed and certified REF review checklist – self assessment (EIA-P05-G04-T01) and response to comments)

Date/timing

Roads and Maritime Services approval process for public display of REF report

Date/timing

Finalise REF report (including completed and certified REF review checklist – self assessment (EIA-P05-G04-T01))

Date/timing

Public display commences Date/timing

Close public display Date/timing

Submit draft table of contents of submissions report Date/timing

Submit draft submissions report Date/timing

Submit final submissions report Date/timing

The project team and its sub-consultants must attend the inception meeting with Roads and Maritime Services representatives. This meeting will facilitate transfer of information and clarify matters relating to the methodology for developing the REF.

The submission of the proposed REF methodology and scope of specialist studies is a hold point. Preparation of the REF will not proceed until Roads and Maritime Services has approved the methodology and scope of specialist studies. Any variations to the agreed scope of works for the REF and specialist studies must be approved in writing by the Roads and Maritime Services representative before they are commenced.

The submission of the final draft REF must be accompanied by evidence of how comments received on the first draft were addressed in the final draft. Preparation of the REF will not proceed until Roads and Maritime Services has approved the responses to comments and any doubts or differences of opinion have been resolved.

The project schedule allows <insert number> weeks for Roads and Maritime Services to return comments on draft reports. Please note that dependent on the quality of the draft reports that a number of Roads and Maritime Services reviews may be required. Reports should not be finalised until written approval from the Roads and Maritime Services representative is received.


The Roads and Maritime Services process for public display of the REF includes the following: Approval of the contractor’s draft report cover. Generation of Roads and Maritime Services and ISBN publication numbers. Potential further revisions to the document.

The contractor is responsible for preparing the draft report cover in consultation with a member of the Roads and Maritime Services’ graphics panel. Contact details will be provided by the Roads and Maritime Services representative. The contractor is required to edit the REF in accordance with the requirements of Roads and Maritime Services Communication and Stakeholder Engagement section. The Roads and Maritime Services representative will liaise with Communication and Stakeholder Engagement section.

4.3 Project outputs The outputs required for this project include the following:

a) <insert number> electronic copy (MS Word 2003) of any draft specialist reports including all appendices and figures for Roads and Maritime Services review and comment.

b) <insert number> electronic copies (MS Word 2003) of the draft review of environmental factors including all appendices and figures for Roads and Maritime Services review and comment. The draft REF must be adequate as described in the REF review guidance note (EIA-P05-G04) to be accepted by Roads and Maritime Services.

c) <insert number> bound hard copies, <insert number> unbound hard copy and <insert number> electronic copies (one pdf and one MS Word 2003) on CD of the final review of environmental factors including all appendices and figures. Where Roads and Maritime Services comments provided in steps a) & b) have not been accepted the consultant must discuss with the Roads and Maritime Services prior to finalising the report. The final report must be adequate as described in the REF review guidance note (EIA-P05-G04) to be accepted by Roads and Maritime Services.

d) The completed and certified REF review – self assessment checklist (EIA-P05-G04-T01) for each version of the REF submitted.

e) (for public display) One report cover in Adobe pdf format to allow for Roads and Maritime Services approval and for creation of the Roads and Maritime Services publication number and ISBN.

f) <insert number> electronic copy (MS Word 2003) of the draft submissions report table of contents.

g) <insert number> electronic copy (MS Word 2003) of the draft submissions report.

h) <insert number> hard bound copies, <insert number> unbound hard copy and <insert number> electronic copies (one pdf and one MS Word 2003) on CD/USB of the final submissions report. Where Roads and Maritime Services comments provided in steps e) & f) have not been accepted the consultant must discuss with Roads and Maritime Services prior to finalising the report.

i) Insert any other project output as required.

Production of any hard copy report required by the professional services contract should involve a low environmental impact. Reports should be produced using the following:


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Report paper: ENVI Uncoated 50/50 paper 80gsm (from Dalton Paper). If a printer can not source, or it is uncompetitive on price, the next preference is: Tudor RP High White Smooth 100gsm (from Spicers Paper).

Report covers: 280-300gsm, no lamination (ENVI Recycled 50/50 300gsm or ENVI Recycled Super Smooth 280gsm is recommended).

Gloss-coated paper and lamination are not to be used. Printing and photocopying double sided. Employing binding methods that facilitate recycling. Consideration of using plant-based inks.

4.4 Project fees and payment A fixed price cost is required for the works. A budget breakdown is to be included identifying each work element showing total hours, hourly rates, lump sum and disbursements, for the tenderer and any sub-consultants.

Payment will be made by the method described below. No additional work outside the agreed cost estimate is to be undertaken without prior written approval of the Roads and Maritime Services representative as identified in Section 4.1 above.

Detail the payment type that will be used. eg lump sum on completion, monthly, a percentage upon completion of a draft and the remainder at finalisation of the report, etc.

Response to brief

A concise response to this brief must be submitted to the Roads and Maritime Services representative identified above in Section 4.1 no later than close of business <insert date>.

Responses to this brief will be evaluated against the following assessment criteria:

a) Understanding of the brief – that details your understanding of the brief and the required outputs.

b) Technical skills – the company’s technical skills and the identified project team including CVs and the proposed time that they will spend on the project. The project team must identify the primary REF writer. The nominated project team must also include a senior staff member who will be responsible for certifying the quality of all deliverables. Identify any sub-consultants in this section and outline their qualifications and contribution. Outline supervisory arrangements in place for effective management of all sub-consultants.

c) Recent experience – recent relevant experience and a listing of relevant projects undertaken by the nominated project team.

d) Estimated costs – that addresses the requirements of the brief.

e) Robustness of estimated costs – that the estimated costs are adequate and realistic to achieve the purpose of the brief.

f) Time performance – that includes a detailed program of works and due dates.

g) Quality assurance process – internal quality assurance processes including details of completion and certification of the REF review checklist – self assessment (EIA-P05-G04-T01).

h) Additional information – that includes any other additional information that may be relevant in the selection of the successful tenderer.


The scope of the work proposed should be clearly restated in the words of the tenderer. Any restatement must address the issues and requirements outlined in these documents.

The tenderer must submit a conforming tender, but may submit an alternate tender in addition to the conforming tender. An alternate tender may be submitted where the tenderer proposes a variation from the requirements of these briefing documents. Scope changes and reasons for the variation must be clearly identified in the alternative tender.

6 Right of access

It is a requirement of Roads and Maritime Services that the Roads and Maritime Services representative and Roads and Maritime Services quality manager must always have right of access to the contractor’s premises where activities on the project are taking place.

If you require any further information, please contact the Roads and Maritime Services representative.

7 Work health and safety

The contractor must incorporate work health and safety in all aspects of the project. Safety of field workers in the vicinity of roads, heavy vehicle and general traffic is paramount. All personnel involved in the field work must read and sign a Safe Work Method Statement (SWMS) prepared by the contractor prior to the commencement of any field work. A signed copy of the SWMS is to be provided to Roads and Maritime Services prior to accessing the site. The wearing of a high visibility safety vest is mandatory during the field surveys.

Prior notification to landowners will be required before undertaking any field inspections and surveys within privately owned land. The Roads and Maritime Services representative should be contacted at least ten (10) working days before field inspections and surveys are to commence so the necessary arrangements can be made.

8 Permits

For the purpose of this brief, “permit” includes any statutory consent, approval, authorisation, or landowner’s permission.

The contractor shall ensure that all necessary permits have been obtained for undertaking the investigations and that all work is carried out in accordance with these permits. Copies of the relevant permits should be supplied with the response to this brief or, where this is not feasible, provided to Roads and Maritime Services representative prior to commencement of field surveys. A person not covered by these permits may not participate in surveys under this contract in a manner that contravenes the conditions of any permit. Delays and difficulties relating to obtaining


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permits must be brought to the attention of Roads and Maritime Services representative.

Privacy

The contractor is required to manage the receipt and storage of project information in accordance with Roads and Maritime Services policies and procedures for data privacy.


Appendix A – Preparing a project REF guidance note, project REF template, REF review guidance note, REF review checklist – self assessment

Roads and Maritime Services Insert Project Title REF brief Appendix A

Appendix B – Site location map

Roads and Maritime Services Insert Project Title EIA Brief Appendix B

Appendix C – Concept plan

Roads and Maritime Services Insert Project Title REF brief Appendix C

Appendix D – REF preliminary scoping checklist

Roads and Maritime Services Insert Project Title REF brief Appendix D

About this document

Reference number

EIA-P05-G02-T02

Title Standard brief template: Project review of environmental factors





Approved by

Principal Manager Environmental Policy, Planning & Assessment

Objective location



3.3 August 2014


1.0 17/4/09 First issue (known as EIA-P05-TP03)

2.0 30/6/10 To align with EIA-P05-2 and incorporate REF review checklist requirements

2.1 25/01/11 REF review grades included as deliverable

3.0 09/09/11 Trial version comments incorporated. Legal review complete. Third issue.


3.2 27/03/13 Removed insurances information from Clause 6.

3.3 21/08/14 Updated titles, roles, responsibilities and processes following internal restructure. Inclusion of web accessibility requirements for deliverables. Brief updated to be web accessible (WCAG). Replace grading system with requirements for being adequate. Updated logo and template. Change to document location (G drive to Objective).

Your comments and suggestions to improve this or any of the EIA guidelines may be sent to: Senior Environmental Specialist (Planning and Assessment) Environmental Policy, Planning and Assessment Environment Branch, Roads and Maritime Services Level 17, 101 Miller Street North Sydney, NSW 2060 Ph: 8588 5726

This page to be deleted from the REF brief. This template should be used in conjunction with procedure EIA-P05-2 Printed copies of this document are uncontrolled EIA-P05-G02-T02 Issue 3.3


Template Project review of environmental factors EIA-P05-G02-T03

INSERT PROJECT TITLE Review of environmental factors INSERT MONTH YEAR

This document cover is to be replaced with a Roads and Maritime Services approved document cover. Refer to Roads and Maritime Services Visual Identity Manual.

MONTH/YEAR (blank page)

Roads and Maritime Services

Project title Review of environmental factors Date

Prepared by Provide details and any disclaimers. Note: any disclaimers to be discussed with Roads and Maritime Services project manager.

Provide a document controls and reviewing register. Ensure that a publication number is included for any document to be placed on public exhibition. Seek advice from the Roads and Maritime Services project manager if required.

Executive summary

Refer to section 3.1 of the Preparing a project REF guidance note (EIA-P05-G02).

The proposal

Need for the proposal

Proposal objectives

Options considered

Statutory and planning framework

Community and stakeholder consultation

Environmental impacts List the potential environmental impacts of the proposal including major beneficial and adverse outcomes. Based on the number of proposed impacts, it may also be necessary to use sub-headings to present the discussion. Additionally, the discussion of any major adverse outcome should include a description of any safeguards or management measures that would be used to avoid, minimise or mitigate the impact or risk. Minor outcomes do not need to be discussed in the executive summary.

Justification and conclusion

Display of the review of environmental factors Please note that this section and subsequent sections of the executive summary, regarding “How can I make a submissions?”, “Privacy Information” and “What happens next?” are only required when the REF is to be publicly displayed.

This review of environmental factors is on display for comment between date and date. You can access the documents in the following ways:

Internet

The documents will be available as pdf files on the Roads and Maritime Services website at website address.

Display

The review documents can be viewed at the following locations:

Project title Review of Environmental Factors

i

List display venues, including street address (with floor level if required) and provide other details where necessary, eg this location will be staffed between 10am to 2pm, etc.

Purchase

The review documents are available for purchase in hard copy ($25.00) or CD/USB ($10.00) at locations marked with * above or by contacting add contact name and number.

How can I make a submission? To make a submission on the proposal, please send your written comments to:

Roads and Maritime Services project manager: Name Postal and email address Facsimile number

Submissions must be received by day/date.

Privacy information All information included in submissions 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 Roads and Maritime Services staff and its contractors.

Where the respondent indicates at the time of supply of information that their submission should be kept confidential, Roads and Maritime Services will attempt to keep it confidential. However there may be legislative or legal justification for the release of the information, for example under the Government Information (Public Access) Act 2009 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 identifying 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 writing to the same address the submission was sent.

The information will be held by the Roads and Maritime Services, address of relevant Roads and Maritime Services office.

What happens next? Following the submissions period, Roads and Maritime Services will collate submissions. Acknowledgement letters will be sent to each respondent. The details of submission authors will be retained and authors will be subsequently advised when project information is released.

After consideration of community comments Roads and Maritime Services will determine whether the proposal should proceed as proposed, or whether any


ii

alterations to the proposal are necessary. The community will be kept informed about this Roads and Maritime Services determination.

If the proposal goes ahead, Roads and Maritime Services proceeds with final design and tenders are called for construction of the project.

If you have any queries, please contact the Roads and Maritime Services project manager on contact number.


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Contents

Executive summary.................................................................................................................................................................... i

1 Introduction ..........................................................................................................................................................................1

1.1 Proposal identification ..........................................................................................................................................1

1.2 Purpose of the report ............................................................................................................................................1

2 Need and options considered..............................................................................................................................2

2.1 Strategic need for the proposal....................................................................................................................2

2.2 Existing road and infrastructure...................................................................................................................2

2.3 Proposal objectives ................................................................................................................................................2

2.4 Alternatives and options considered .......................................................................................................2

2.5 Preferred option.........................................................................................................................................................2

2.6 Design refinements.................................................................................................................................................2

3 Description of the proposal ....................................................................................................................................3

3.1 The proposal ................................................................................................................................................................3

3.2 Design ................................................................................................................................................................................3

3.3 Construction activities ..........................................................................................................................................3

3.4 Ancillary facilities ......................................................................................................................................................4

3.5 Public utility adjustment ......................................................................................................................................4

3.6 Property acquisition................................................................................................................................................4

4 Statutory and planning framework ..................................................................................................................5

4.1 State Environmental Planning Policies .................................................................................................5

4.2 Local Environmental Plans ..............................................................................................................................5

4.3 Other relevant legislation...................................................................................................................................6

4.4 Commonwealth legislation ...............................................................................................................................6

4.5 Confirmation of statutory position ..............................................................................................................6

5 Stakeholder and community consultation .................................................................................................7

5.1 Consultation strategy ............................................................................................................................................7

5.2 Community involvement.....................................................................................................................................7

5.3 Aboriginal community involvement ...........................................................................................................7

5.4 ISEPP consultation .................................................................................................................................................7

5.5 Growth Centres SEPP consultation.........................................................................................................7

5.6 Government agency and stakeholder involvement....................................................................7

5.7 Ongoing or future consultation .....................................................................................................................7

6 Environmental assessment ...................................................................................................................................8

6.1 Environmental factor eg Biodiversity.......................................................................................................8

6.2 Summary of beneficial effects.......................................................................................................................9

6.3 Summary of adverse effects...........................................................................................................................9

7 Environmental management .............................................................................................................................10

7.1 Environmental management plans (or system)..........................................................................10

7.2 Summary of safeguards and management measures .........................................................10

7.3 Licensing and approvals .................................................................................................................................13


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8 Conclusion.........................................................................................................................................................................14

8.1 Justification .................................................................................................................................................................14

8.2 Objects of the EP&A Act.................................................................................................................................14

8.3 Conclusion...................................................................................................................................................................15

9 Certification .......................................................................................................................................................................16

10 References ........................................................................................................................................................................17

Appendices

List all appendices to the REF

Appendix XX Consideration of clause 228(2) factors and matters of national environmental significance


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1 Introduction

This chapter introduces the proposal and provides the context of the environmental assessment. In introducing the proposal, the objectives and project development history are detailed and the purpose of the report provided.

1.1 Proposal identification Roads and Maritime Services propose to what? eg. upgrade the Ocean Highway between 10 kilometres and 13 kilometres north of Seagull Point.

Refer to section 1.1 of Preparing a project REF guidance note (EIA-P05-G02).

1.2 Purpose of the report This Review of Environmental Factors has been prepared by who on behalf of Roads and Maritime Services which directorate and region. For the purposes of these works, Roads and Maritime Services is the proponent and the determining authority under Part 5 of the Environmental Planning and Assessment Act 1979 (EP&A Act).

The purpose of the REF is to describe the proposal, to document the likely impacts of the proposal on the environment, and to detail protective measures to be implemented.

The description of the proposed works and associated environmental impacts have been undertaken in context of clause 228 of the Environmental Planning and Assessment Regulation 2000, the Threatened Species Conservation Act 1995 (TSC Act), the Fisheries Management Act 1994 (FM Act), and the Australian Government’s Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). In doing so, the REF helps to fulfil the requirements of section 111 of the EP&A Act, that Roads and Maritime Services examine and take into account to the fullest extent possible, all matters affecting or likely to affect the environment by reason of the activity.

The findings of the REF would be considered when assessing: Whether the proposal is likely to have a significant impact on the environment

and therefore the necessity for an environmental impact statement to be prepared and approval to be sought from the Minister for Planning under Part 5.1 of the EP&A Act.

The significance of any impact on threatened species as defined by the TSC Act and/or FM Act, in section 5A of the EP&A Act and therefore the requirement for a Species Impact Statement.

The potential for the proposal to significantly impact a matter of national environmental significance or Commonwealth land and the need to make a referral to the Australian Government Department of the Environment for a decision by the Commonwealth Minister for the Environment on whether assessment and approval is required under the EPBC Act.


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2 Need and options considered

2.1 Strategic need for the proposal Refer to section 2.1 of Preparing a project REF guidance note (EIA-P05-G02).

2.2 Existing road and infrastructure Refer to section 2.2 of Preparing a project REF guidance note (EIA-P05-G02).

2.3 Proposal objectives Refer to section 2.3 of Preparing a project REF guidance note (EIA-P05-G02).

2.4 Alternatives and options considered Refer to section 2.4 of Preparing a project REF guidance note (EIA-P05-G02).

2.4.1 Methodology for selection of preferred option

2.4.2 Identified options

2.4.3 Analysis of options

2.5 Preferred option Refer to section 2.5 of Preparing a project REF guidance note (EIA-P05-G02).

2.6 Design refinements Refer to section 2.6 of Preparing a project REF guidance note (EIA-P05-G02).


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3 Description of the proposal

This chapter describes the proposal and provides descriptions of existing conditions, the design parameters including major design features, the construction method and associated infrastructure and activities.

Refer to section 3 of Preparing a project REF guidance note (EIA-P05-G02).

3.1 The proposal Refer to section 3.1 of Preparing a project REF guidance note (EIA-P05-G02).

3.2 Design Refer to section 3.3 of Preparing a project REF guidance note (EIA-P05-G02).

3.2.1 Design criteria

3.2.2 Engineering constraints

3.2.3 Major design feature, eg Harbour Drive and Ocean Highway interchange

3.2.4 Major design feature, eg Deep Creek bridge widening

3.2.5 Major design feature, eg East Road fauna underpass, etc…

3.3 Construction activities Refer to section 3.4 of Preparing a project REF guidance note (EIA-P05-G02).

3.3.1 Work methodology

3.3.2 Construction hours and duration

3.3.3 Plant and equipment

3.3.4 Earthworks

3.3.5 Source and quantity of materials


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3.3.6 Traffic management and access

3.4 Ancillary facilities Refer to section 3.5 of Preparing a project REF guidance note (EIA-P05-G02).

3.5 Public utility adjustment Refer to section 3.6 of Preparing a project REF guidance note (EIA-P05-G02).

3.6 Property acquisition Refer to section 3.7 of Preparing a project REF guidance note (EIA-P05-G02).


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4 Statutory and planning framework


Also refer to Environmental Legislation Explanatory Note State Environmental Planning Policy (Infrastructure) 2007 (EIA-L02) and REF consultation guidance note (EIA-P05-G03).

4.1 State Environmental Planning Policies Refer to section 4.1 of Preparing a project REF guidance note (EIA-P05-G02).

4.1.1 State Environmental Planning Policy (Infrastructure) 2007

State Environmental Planning Policy (Infrastructure) 2007 (ISEPP) aims to facilitate the effective delivery of infrastructure across the State.

Clause 94 of ISEPP permits development on any land for the purpose of a road or road infrastructure facilities to be carried out by or on behalf of a public authority without consent.

As the proposal is for a select appropriate description <road> and/or <road infrastructure facilities> and is to be carried out select appropriate description <by Roads and Maritime Services> or <on behalf of Roads and Maritime Services>, it can be assessed under Part 5 of the Environmental Planning and Assessment Act 1979. Development consent from council is not required.

The proposal is not located on land reserved under the National Parks and Wildlife Act 1974 and does not affect land or development regulated by State Environmental Planning Policy No. 14 - Coastal Wetlands, State Environmental Planning Policy No. 26 - Littoral Rainforests, State Environmental Planning Policy (State and Regional Development) 2011 or State Environmental Planning Policy (Major Development) 2005. Note that if the proposal does occur on or affect land identified by any of the planning instruments listed in this paragraph seek advice from Roads and Maritime Services environment staff.

Part 2 of the ISEPP contains provisions for public authorities to consult with local councils and other public authorities prior to the commencement of certain types of development. Consultation, including consultation as required by ISEPP (where applicable), is discussed in chapter 5 of this REF.

4.1.2 Insert name of other relevant State Environmental Planning Policy(s) and deemed SEPPs.

4.2 Local Environmental Plans Refer to section 4.2 of Preparing a project REF guidance note (EIA-P05-G02).

4.2.1 Insert name of relevant Local Environmental Plan(s)


5

4.3 Other relevant legislation Refer to section 4.3 of Preparing a project REF guidance note (EIA-P05-G02).

4.3.1 Insert other relevant legislation.

4.4 Commonwealth legislation

4.4.1 Environment Protection and Biodiversity Conservation Act 1999

Under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) a referral is required to the Australian Government for proposed ‘actions that have the potential to significantly impact on matters of national environmental significance or the environment of Commonwealth land. These are considered in Appendix X and chapter 6 of the REF.

The assessment of the proposal’s impact on matters of national environmental significance and the environment of Commonwealth land found that there is unlikely to be a significant impact on relevant matters of national environmental significance. Accordingly, the proposal has not been referred to the Australian Government Department of the Environment.

or

Based on the assessment proposal’s impact on matters of national environmental significance and the environment of Commonwealth land, Roads and Maritime Services submitted a referral to the Australian Government Department of the Environment on [insert date] to determine whether or not the proposal constitutes a controlled action due to potential impacts on [insert details of why the proposal is being referred]. If the proposal is determined to be a controlled action, the approval of the Australian Government Minister for the Environment is required.

or

Based on the assessment proposal’s impact on matters of national environmental significance and the environment of Commonwealth land, Roads and Maritime Services intends to submit a referral to the Australian Government Department of the Environment to determine whether or not the proposal constitutes a controlled action due to potential impacts on [insert details of why the proposal is being referred]. If the proposal is determined to be a controlled action, the approval of the Australian Government Minister for the Environment is required.

4.5 Confirmation of statutory position Confirm that the proposal does not require development consent and is subject to environmental impact assessment under Part 5 of the EP&A Act. Also list any other provisions that apply to the proposal.


6

5 Stakeholder and community consultation

This chapter discusses the consultation undertaken to date for the proposal and the consultation proposed for the future. The description contains the consultation strategy or approach used and the results of consulting with the community, the Aboriginal community and relevant government agencies and stakeholders.


5.1 Consultation strategy This section may not be applicable to all REFs and may be deleted where necessary.

Refer to section 5.1 of Preparing a project REF guidance note (EIA-P05-G02) for further information.

5.2 Community involvement This section may not be applicable to all REFs and may be deleted where necessary.

Refer to section 5.2 of Preparing a project REF guidance note (EIA-P05-G02).

5.3 Aboriginal community involvement Refer to section 5.3 of Preparing a project REF guidance note (EIA-P05-G02).

5.4 ISEPP consultation This section must discuss any consultation with council or other agencies as required under Part 2, Division 1 of the Infrastructure SEPP.

5.5 Growth Centres SEPP consultation This section must discuss any consultation with the Department of Planning and Environment as required under clause 18A of State Environmental Planning Policy (Sydney Growth Centres) 2006.

5.6 Government agency and stakeholder involvement This section must detail consultation with any other government agencies or stakeholders which was carried out (other than ISEPP consultation).


5.7 Ongoing or future consultation This section may not be applicable to all REFs and may be deleted where necessary.

Refer to Section 5.5 of Preparing a project REF guidance note (EIA-P05-G02) for further information.


7

6 Environmental assessment

This section of the REF provides a detailed description of the potential environmental impacts associated with the proposal during both construction and operation, and provides site-specific safeguards to ameliorate the identified potential impacts.

The section is divided into headings describing the environmental aspect to be assessed. Assess the potential impacts on all environmental aspects relevant to the proposal. These discussions should be presented in order of most important to least important with the key environmental impacts being weighted more heavily.


This section of the REF provides a detailed description of the potential environmental impacts associated with the construction and operation of the proposal. All aspects of the environment potentially impacted upon by the proposal are considered. This includes consideration of the factors specified in the guidelines Is an EIS required? (DUAP 1999) and Roads and Related Facilities (DUAP 1996) as required under clause 228(1)(b) of the Environmental Planning and Assessment Regulation 2000. The factors specified in clause 228(2) of the Environmental Planning and Assessment Regulation 2000 are also considered in Appendix XX. Site-specific safeguards are provided to ameliorate the identified potential impacts.

6.1 Environmental factor eg Biodiversity

6.1.1 Existing environment

6.1.2 History

6.1.3 Policy setting

6.1.4 Criteria

6.1.5 Potential impacts

6.1.6 Safeguards and management measures

Safeguards and management measures should directly relate to the impacts identified. Safeguards and management measures should be arranged so to relate to timing for implementation- pre-construction, construction and operation. Refer to section 6.1 of Preparing a project REF guidance note (EIA-P05-G02) for more information.

Project title 8

Impact Environmental safeguards Responsibility Timing

[Identify impact to be mitigated/m anaged]

[Insert environmental safeguard(s)]

[Identify position responsible]

[Insert pre-construction, construction, operation or

Review of Environmental Factors

Impact Environmental safeguards Responsibility Timing

other as required]

6.2 Summary of beneficial effects While this section is not always necessary, it can be useful to include a summary of the beneficial effects of the proposal as this may help to later justify the proposal.

6.3 Summary of adverse effects While this section is not always necessary, it can be useful to include a summary of the adverse effects of the proposal as this may help to later justify the proposal.

Project title 9 Review of Environmental Factors


This chapter describes how the proposal will be managed to reduce potential environmental impacts throughout detailed design, construction and operation. A framework for managing the potential impacts is provided with reference to environmental management plans and relevant Roads and Maritime Services QA specifications. A summary of site-specific environmental safeguards is provided as detailed in Chapter 6 and the licence and/or approval requirements required prior to construction are also listed.


7.1 Environmental management plans (or system) A number of safeguards and management measures have been identified in order to minimise adverse environmental impacts, including social impacts, which could potentially arise as a result of the proposal. Should the proposal proceed, these management measures would be incorporated into the detailed design and applied during the construction and operation of the proposal.

A Project Environmental Management Plan (PEMP) and a Contractors Environmental Management Plan (CEMP) will be prepared to describe safeguards and management measures identified. These plans will provide a framework for establishing how these measures will be implemented and who would be responsible for their implementation.

The plans will be prepared prior to construction of the proposal and must be reviewed and certified by the Roads and Maritime Services Environment Officer, [Insert region], prior to the commencement of any on-site works. The CEMP will be a working document, subject to ongoing change and updated as necessary to respond to specific requirements. The CEMP and PEMP would be developed in accordance with the specifications set out in the [adjust as necessary: QA Specification G36 – Environmental Protection (Management System), QA Specification G38 – Soil and Water Management (Soil and Water Plan) and the QA Specification G40 – Clearing and Grubbing].

7.2 Summary of safeguards and management measures Environmental safeguards outlined in this document would be incorporated into the detailed design phase of the proposal and during construction and operation of the proposal, should it proceed. These safeguards would minimise any potential adverse impacts arising from the proposed works on the surrounding environment. The safeguards and management measures are summarised in Table X.



10

Table X: Summary of site specific environmental safeguards.

No. Impact Environmental safeguards Responsibility Timing

1 General All environmental safeguards must be incorporated within the following:

o Project Environmental Management Plan

o Detailed design stage

o Contract specifications for the proposal

o Contractor’s Environmental Management Plan

Project manager Pre-construction

2 General A risk assessment has been/ must be carried out on the proposal in accordance with the Roads and Maritime Services Project Pack and PMS risk assessment procedures to determine an audit and inspection program for the works. The recommendations of the risk assessment are to be implemented.

A review of the risk assessment must be undertaken after the initial audit or inspection to evaluate is the level of risk chosen for the project is appropriate.

Any works resulting from the proposal and as covered by the REF may be subject to environmental audit(s) and/or inspection(s) at any time during their duration.

Project manager and regional environmental staff

Pre-construction

After first audit

3 General The environmental contract specification [insert name] must be forwarded to the Roads and Maritime Services Environment Manager [insert region/program] for review at least 10 working days prior to the tender stage.

A contractual hold point must be maintained until the CEMP is reviewed by the Roads and Maritime Services Environment Manager [insert region/program].


4 General The Roads and Maritime Services Project Manager must notify Project manager Pre-construction

Project titleReview of Environmental Factors

11


the Roads and Maritime Services Environmental Officer [insert region] at least five working days prior to work commencing.

5 General All businesses and residences likely to be affected by the proposed works must be notified at least five working days prior to the commencement of the proposed activities.

6 General Environmental awareness training must be provided, by the contractor, to all field personnel and subcontractors.


Contractor Pre-construction and during construction as required.

Project titleReview of Environmental Factors

12

7.3 Licensing and approvals List all relevant licenses, permits, notifications and/or approvals needed to construct/operate the proposal in a table.


Table X: Summary of licensing and approval required.

Requirement Timing Describe exactly what is required. Specify the timing for the license,

permit, notification or approval. eg Minister for Primary Industries must be notified of any dredging or reclamation works prior to the undertaking of such works.

A minimum of 28 days prior to the commencement of the works.


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8 Conclusion

This chapter provides the justification for the proposal taking into account its biophysical, social and economic impacts, the suitability of the site and whether or not the proposal is in the public interest. The proposal is also considered in the context of the objectives of the EP&A Act, including the principles of ecologically sustainable development as defined in Schedule 2 of the Environmental Planning and Assessment Regulation 2000.

8.1 Justification

8.2 Objects of the EP&A Act

5(a)(i) To encourage the proper management, development and conservation of natural and artificial resources, including agricultural land, natural areas, forests, minerals, water, cities, towns and villages for the purpose of promoting the social and economic welfare of the community and a better environment. 5(a)(ii) To encourage the promotion and co-ordination of the orderly economic use and development of land. 5(a)(iii) To encourage the protection, provision and co-ordination of communication and utility services. 5(a)(iv) To encourage the provision of land for public purposes. 5(a)(v) To encourage the provision and co-ordination of community services and facilities. 5(a)(vi) To encourage the protection of the environment, including the protection and conservation of native animals and plants, including threatened species, populations and ecological communities, and their habitats. 5(a)(vii) To encourage ecologically Ecologically sustainable development is sustainable development. considered in Sections 8.2.1 – 8.2.4

below. 5(a)(viii) To encourage the provision and maintenance of affordable housing. 5(b) To promote the sharing of the responsibility for environmental planning between different levels of government in the State.

14 Review of Environmental Factors

Refer to Section 8.2 of Preparing a project REF guidance note (EIA-P05-G02) and Addressing ecologically sustainable development practice note (EIA-N02).

Object Comment

Not relevant to the project.

Not relevant to the project.

Project title

Object Comment 5(c) To provide increased opportunity for public involvement and participation in environmental planning and assessment.

8.2.1 The precautionary principle

8.2.2 Intergenerational equity

8.2.3 Conservation of biological diversity and ecological integrity

8.2.4 Improved valuation, pricing and incentive mechanisms

8.3 Conclusion The proposed [insert brief proposal description] at [insert location] is subject to assessment under Part 5 of the EP&A Act. The REF has examined and taken into account to the fullest extent possible all matters affecting or likely to affect the environment by reason of the proposed activity. This has included consideration of conservation agreements and plans of management under the NPW Act, joint management and biobanking agreements under the TSC Act, wilderness areas, critical habitat, impacts on threatened species, populations and ecological communities and their habitats and other protected fauna and native plants.

A number of potential environmental impacts from the proposal have been avoided or reduced during the concept design development and options assessment. The proposal as described in the REF best meets the project objectives but would still result in some impacts on [insert relevant environmental factors where more than minor impacts have been identified]. Mitigation measures as detailed in this REF would ameliorate or minimise these expected impacts. The proposal would also [insert details of positive impacts of the proposal eg improve safety, improved driving conditions, reduce travel times]. On balance the proposal is considered justified.

The environmental impacts of the proposal are not likely to be significant and therefore it is not necessary for an environmental impact statement to be prepared and approval to be sought for the proposal from the Minister for Planning under Part 5.1 of the EP&A Act. The proposal is unlikely to affect threatened species, populations or ecological communities or their habitats, within the meaning of the Threatened Species Conservation Act 1995 or Fisheries Management Act 1994 and therefore a Species Impact Statement is not required. The proposal is also unlikely to affect Commonwealth land or have an impact on any matters of national environmental significance.


15

9 Certification

The certification should be signed by the primary author of the REF and accepted by the Roads and Maritime Services project manager.

Refer to Section 9 of Guidance Note: preparing a Review of Environmental Factors (EIA-P05-G02) for further information.

This review of environmental factors provides a true and fair review of the proposal in relation to its potential 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 proposal.

Insert name Position title, eg Environmental Officer Company name Date:

I have examined this review of environmental factors and the certification by insert name from above and company name and accept the review of environmental factors on behalf of Roads and Maritime Services.

Insert name Position title, eg Project Manager Insert relevant Roads and Maritime Services region/area Date:


16

10 References

Provide a reference list with documents listed in alphabetical order according to the author names. The format of the reference list should be consistent with the Harvard referencing style. eg:

Office of Environment and Heritage 2011, Sustainable Mountain Biking Strategy, Sydney.


17

Terms and acronyms used in this REF

Provide a list of the technical terms and acronyms used in the REF and their definitions. The below are examples only and should only be included if relevant. Refer to the EIAG Abbreviations and glossary of terms (EIA-F04).

AusLink Mechanism to facilitate cooperative transport planning and funding by Commonwealth and state and territory jurisdictions

CEMP Construction environmental management plan

EIA Environmental impact assessment

EP&A Act Environmental Planning and Assessment Act 1979 (NSW). Provides the legislative framework for land use planning and development assessment in NSW

EPBC Act Environment Protection and Biodiversity Conservation Act 1999 (Commonwealth). Provides for the protection of the environment, especially matters of national environmental significance, and provides a national assessment and approvals process.

ESD Ecologically sustainable development. Development which uses, conserves and enhances the resources of the community so that ecological processes on which life depends, are maintained and the total quality of life, now and in the future, can be increased

FM Act Fisheries Management Act 1994 (NSW)

Heritage Act Heritage Act 1977 (NSW)

ISEPP State Environmental Planning Policy (Infrastructure) 2007

LALC Local Aboriginal Land Council

LEP Local Environmental Plan. A type of planning instrument made under Part 3 of the EP&A Act.

LoS Level of Service. A qualitative measure describing operational conditions within a traffic stream and their perception by motorists and/or passengers.

NES Matters of national environmental significance under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999.

Noxious Weeds Act Noxious Weeds Act 1993 (NSW)

NPW Act National Parks and Wildlife Act 1974 (NSW)

SEPP State Environmental Planning Policy. A type of planning instrument made under Part 3 of the EP&A Act.

SEPP 14 State Environmental Planning Policy No.14 – Coastal Wetlands

TSC Act Threatened Species Conservation Act 1995 (NSW)

QA Specifications Specifications developed by Roads and Maritime Services for use with roadworks and bridgeworks contracts let by Roads and Maritime Services


18

Appendix XX Consideration of clause 228(2) factors and matters of national environmental significance

Clause 228(2) Checklist

In addition to the requirements of the Is an EIS required? guideline as detailed in the REF, the following factors, listed in clause 228(2) of the Environmental Planning and Assessment Regulation 2000, have also been considered to assess the likely impacts of the proposal on the natural and built environment.

Project title Appendix XX

Factor Impact

a. Any environmental impact on a community? Briefly summarise any environmental impacts of the proposal on a community. Refer to any safeguards proposed to minimise these impacts.

For each of the impacts described in the “Factor” column, indicate whether it is positive or negative, whether it is a short term or long term impact and extent of the impact.

b. Any transformation of a locality? Briefly summarise any transformation of a locality potentially resulting from proposal. Refer to any safeguards proposed to minimise impacts.

c. Any environmental impact on the ecosystems of the locality?

Briefly summarise environmental impacts of the proposal on any ecosystems of the locality. Refer to any safeguards proposed to minimise impacts.

d. Any reduction of the aesthetic, recreational, scientific or other environmental quality or value of a locality?

Briefly summarise any reduction in aesthetic, recreational, scientific or other environmental quality or value on a locality potentially resulting from the proposal. Refer to any safeguards proposed to minimise these impacts.

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?

Briefly summarise any effect on a locality, place or building having any significance outlined above which may result from the proposal. Refer to any safeguards proposed to minimise impacts.

f. Any impact on the habitat of protected fauna (within the meaning of the National Parks and Wildlife Act 1974)?

Briefly summarise any impacts on the habitat of protected fauna potentially resulting from the proposal. Refer to any safeguards proposed to minimise these impacts.

Review of Environmental Factors

Factor Impact

g. Any endangering of any species of animal, plant or other form of life, whether living on land, in water or in the air?

Briefly discuss whether the proposal is likely to endanger any species of animal, plant or other form of life. Refer to any safeguards proposed to minimise these impacts.

h. Any long-term effects on the environment? Briefly summarise the long-term effects (both positive and negative) of the proposal on the environment.

i. Any degradation of the quality of the environment? Briefly describe any degradation of the quality of the environment likely to be caused by the proposal. Refer to any safeguards proposed to minimise impacts.

j. Any risk to the safety of the environment? Briefly summarise any risks posed to the safety of the environment as a result of the proposal. Refer to any safeguards proposed to minimise impacts.

k. Any reduction in the range of beneficial uses of the environment?

Briefly summarise whether the range of beneficial uses of the environment would be reduced as a result of the proposal. Refer to any safeguards proposed to minimise impacts.

l. Any pollution of the environment? Briefly summarise any pollution of the environment that may result from the proposal. Refer to any safeguards proposed to minimise impacts.

m. Any environmental problems associated with the disposal of waste?

Briefly summarise any issues associated with the disposal of waste that would result from the proposal. Refer to any safeguards proposed to minimise impacts.

n. Any increased demands on resources (natural or otherwise) that are, or are likely to become, in short supply?

Briefly discuss whether the proposal is likely to increase demands on resources. Refer to any safeguards proposed to minimise impacts.

o. Any cumulative environmental effect with other existing or likely future activities?

Briefly summarise any cumulative environmental effects of the proposal with other existing or likely future activities. Refer to any safeguards proposed to minimise impacts.

Project title Appendix XX Review of Environmental Factors

Factor Impact

p. Any impact on coastal processes and coastal hazards, including those under projected climate change conditions?

Where relevant, briefly summarise any impacts on coastal processes and coastal hazards, including reference to projected climate change conditions. Refer to any safeguards proposed to minimise impacts.


Matters of National Environmental Significance

Under the environmental assessment provisions of the Environment Protection and Biodiversity Conservation Act 1999, the following matters of national environmental significance and impacts on Commonwealth land are required to be considered to assist in determining whether the proposal should be referred to the Australian Government Department of the Environment.

If an impact is likely, state whether it is likely to be minor or significant. If no impact is likely, write “nil”.

Factor Impact

a. Any impact on a World Heritage property? State whether the proposal would impact on a World Heritage property. If yes, describe the extent of the impact. If impacts are likely, describe the nature and extent of the impacts.

b. Any impact on a National Heritage place? State whether or not the proposal would impact on a National Heritage place. If impacts are likely, describe the nature and extent of the impacts.

c. Any impact on a wetland of international importance? State whether the proposal would impact on a wetland of international importance. If impacts are likely, describe the nature and extent of the impacts.

d. Any impact on a listed threatened species or communities? State whether the proposal would impact on a listed threatened species or community. If impacts are likely, describe the nature and extent of the impacts.

e. Any impacts on listed migratory species? State whether the proposal would impact on a listed migratory species. If impacts are likely, describe the nature and extent of the impacts.

d. Any impact on a Commonwealth marine area? State whether the proposal would impact on a Commonwealth marine area. If impacts are likely, describe the nature and extent of the impacts.

g. Does the proposal involve a nuclear action (including uranium mining)?

State whether the proposal would involve a nuclear action. This should usually be nil for Roads and Maritime Services projects. If impacts are likely, describe the nature and extent of the impacts.


Factor Impact

Additionally, any impact (direct or indirect) on Commonwealth land? State whether the proposal would impact (either directly or indirectly) on Commonwealth land. If impacts are likely, describe the nature and extent of the impacts.


Appendix XX Neutral or beneficial effect on water quality assessment


Neutral or Beneficial Effect Assessment

State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 relates to the use of land within the Sydney drinking water catchment. In accordance with Clause 12 of the SEPP, Roads and Maritime Services is required to consider whether or not an activity to which Part 5 of the Environmental Planning and Assessment Act applies will have a neutral or beneficial effect on water quality before carrying out the activity.

The following template must be used to establish whether the project will have a neutral or beneficial effect on water quality for activities within the Sydney drinking water catchment.

Refer to Section 14 of the guidance note for further advice on completing this assessment. Note if an adverse effect on water quality is anticipated contact the Lead Environmental Advisor for further advice. Consultation with SCA may be necessary.

This page may be deleted if not applicable to the project.

Factor Impact

1. Are there any identifiable potential impacts on water

Major potential pollutants are sediments (fine and coarse), nitrogen, phosphorus, pathogens, hazardous chemicals and contaminants such as

quality? oil/fuel.

What pollutants are It is important to identify any possible impacts, not go likely? straight to a conclusion that there won’t be any

impacts because they will be contained by appropriate During construction safeguards. and/or post construction? If there are no identifiable potential impacts on water

quality (see note 2), then no further assessment is required – proceed to Question 5.


Factor Impact

2. For each pollutant, list the safeguards needed to prevent or mitigate potential impacts on water quality (these may be SCA endorsed current recommended practices and/or equally effective other practices)

These are the safeguards, or water quality protection measures, that need to be in place during the construction and operational stages of the project.

Wherever possible these safeguards should be based on SCA endorsed CRPs: SCA has endorsed a range of Current Recommended Practices (CRPs) & Standards as required under the provisions of the SEPP. These are listed on the SCA website: Current recommended practices and Standards - Sydney Catchment Authority

Some of the safeguards needed to prevent or mitigate potential impacts on water quality will be commonly used environmental protection measures that are not directly included in the SCA endorsed CRPs and Standards.

3. Will the safeguards be adequate for the time required? How will they need to be maintained?

Measures should be designed to cope with expected seasonal weather conditions, eg high intensity summer storms.

4. Will all impacts on water quality be effectively contained on the site by the identified safeguards (above) and not reach any watercourse, waterbody or drainage depression?

Or will impacts on water quality be transferred outside the site for treatment? How? Why?

The level of analysis should be in proportion to the risks related to the type of activity and sensitivity of the site. For routine projects, a qualitative assessment would be sufficient to deem the achievement of NorBE. For large scale projects or where they are located in particularly sensitive areas, some form of pollutant modelling is recommended. The MUSIC model is recommended for stormwater related impacts.

5. Is it likely that a neutral or beneficial effect on water quality will occur? Why?

When the activity has been completed, will the level of pollutants be the same as they were before work commenced (ie neutral effect?) Or lower than before (beneficial effect?) Or worse than before (adverse effect?)

It may be useful to consider the likely effect in the short-term and long-term.


About this document

Reference number

EIA-P05-G02-T03

Title EIA template: Review of Environmental Factors





Approved by


Objective location



3.4 August 2014



1.1 12/12/08 Executive summary outline revised

2.0 30/06/10 EIA-P05-2 changes, general best practice updates

2.1 25/01/11 Addition of clause 228(2)(p)

3.0 09/09/11 Incorporation of trial version comments. Legal review complete. Third issue.

3.1 13/07/12 Addition of Growth Centres SEPP consultation

3.2 10/07/13 Minor amendments to safeguards table & Section 4.1

3.3 15/07/13 Update to Commonwealth Minister portfolio

3.4 21/08/14 Updated titles, roles, responsibilities and processes following internal restructure. Update to logo and report template. Update to State and Australian Government department titles. Document made web accessible (WCAG). Change to document location (G drive to Objective).

Your comments and suggestions to improve this or any of the EIA guidelines may be sent to: Senior Environmental Specialist (Planning and Assessment) Environmental Policy, Planning and Assessment Environment Branch, Roads and Maritime Services Level 17, 101 Miller Street, North Sydney, NSW 2060 Ph: 8588 5726

This page to be deleted from the REF template. This template should be used in conjunction with procedure EIA-P05-2 Printed copies of this document are uncontrolled EIA-P05-G02-T03 Issue 3.4


Guidance Note REF consultation EIA-P05-G03

CONTENTS

1 Introduction ............................................................................................................................................................................................. 1

1.1 Purpose ............................................................................................................................................................................................... 1

1.2 Background ...................................................................................................................................................................................... 1

1.3 Roads and Maritime Services community involvement and communications ...................... 1

1.4 Privacy considerations ........................................................................................................................................................... 2

2 Statutory consultation .................................................................................................................................................................... 2

2.1 State Environmental Planning Policy (Infrastructure) 2007 consultation................................... 2

2.2 State Environmental Planning Policy (Sydney Growth Centres) 2006 consultation........ 3

2.3 Other statutory approvals, consultation and notifications........................................................................ 4

3 General consultation....................................................................................................................................................................... 6

3.1 Who to consult ............................................................................................................................................................................... 6

3.2 When to consult............................................................................................................................................................................ 6

3.3 What information to provide............................................................................................................................................... 7

3.4 How much time to give for responses....................................................................................................................... 7

4 How to decide when to display a REF ............................................................................................................................ 8

5 What information is required for the REF? ................................................................................................................. 9

Appendix 1– ISEPP and Growth Centres SEPP agency details and reference information ....11

Local councils..................................................................................................................................................................................................11

Office of Environment and Heritage ............................................................................................................................................11

Department of Planning and Environment ............................................................................................................................11

NSW Rural Fire Service.........................................................................................................................................................................12

Appendix 2 – Terms used in the ISEPP ..................................................................................................................................13

About this document .................................................................................................................................................................................14

1 Introduction

1.1 Purpose The purpose of this guidance note is to outline how to: Consult during preparation of a review of environmental factors (REF), including

for State Environmental Planning Policy (Infrastructure) 2007 (ISEPP) requirements.

Help decide whether to place a REF on display for public comment.

1.2 Background Roads and Maritime Services has legal responsibilities under state and federal legislation to assess the impacts of its activities on the environment. The Environmental Planning and Assessment Act, 1979 (EP&A Act) is the main legislation guiding the planning approval process in NSW. One object of the EP&A Act is to provide increased opportunity for public involvement and participation in environmental planning and assessment.

Legal or administrative requirements to consult can arise in three main ways: A legal obligation is imposed by a statutory requirement to consult such as those

under State Environmental Planning Policy (Infrastructure) 2007 (ISEPP). Where Roads and Maritime Services makes a commitment to consult in respect

of a particular project. Sometimes this might amount to a legal right to be consulted.

Where a Roads and Maritime Services policy, procedure or guideline, or external policy or procedure followed by Roads and Maritime Services requires consultation. While this would generally be an administrative requirement, in some circumstances such consultation could be enforceable at law.

Once a decision has been made to consult or a duty to consult arises, the consultation must be carried out appropriately. It must: Be carried out at a formative stage of the project – this is to ensure that the

consultation is not futile and that there is not already a pre-determined outcome by the decision maker.

Include sufficient reasons and material for those people and groups being consulted to allow for informed and genuine consideration of the project and related issues.

Allow for adequate time to respond. Be legitimately taken into account when making decisions about the project – that

is it cannot simply pay lip service to the consultation process or responses received.

1.3 Roads and Maritime Services community involvement and communications

Roads and Maritime Services carry out consultation at various stages of a project lifecycle. The consultation process can start during project development and continue into implementation. The amount and type of consultation varies for each project, depending on the specific issues and community interest and values.

A community involvement plan is a valuable tool for developing and monitoring consultation activities and is relevant to projects of different sizes. Refer to the Community involvement and communications: A resource manual for staff (March


1

2010). Project managers should contact Roads and Maritime Services communications and environment staff early in the project development to prepare a community involvement plan. If a community involvement plan is not available at the REF stage, seek advice from the relevant Roads and Maritime Services communications officer.

As this guidance note focuses on consultation during preparation of an REF it should be read in conjunction with other Roads and Maritime Services guidelines and procedures on community involvement throughout the infrastructure lifecycle. Refer to:

ProjectPack Guideline Risk Management (ILC-MI-TP0-201). ProjectPack Technical Procedure Development, implementation and

management of community and stakeholder involvement (ILC-MI-TP0-301). MinorProject Risk Management of Minor Projects (ILC-MP-TP0-201). MinorProject Communications for Minor Projects (ILC-MP-TP0-301). Community involvement and communications: A resource manual for staff (March

2010). Procedure for Aboriginal Cultural Heritage Consultation and Investigation

(November 2011).

1.4 Privacy considerations Personal information received by Roads and Maritime Services as part of the consultation process is to be managed in accordance with relevant privacy legislation and Corporate Policy – PN055 Protection of personal information. Certain submissions, such as those in relation to Aboriginal cultural heritage, may be subject to further privacy considerations, and in such circumstances, advice should in the first instance be sought from Roads and Maritime Services environment staff.

To protect privacy, the personal information of individuals and businesses should not be provided in the body or the appendix of the REF. Comments from these sources should be referred to as being received from an ‘individual’ or a ‘business’.

2 Statutory consultation

2.1 State Environmental Planning Policy (Infrastructure) 2007 consultation

Where it applies, consultation under State Environmental Planning Policy (Infrastructure) 2007 (ISEPP) is a legal responsibility, which must be carried out prior to works starting. ISEPP consultation requirements are additional to the normal community, agency and other stakeholder consultation processes undertaken in accordance with Roads and Maritime Services policies and procedures. Roads and Maritime Services meets its ISEPP consultation requirements during preparation of the REF. ISEPP consultation does not replace the other consultation processes described in this guidance note.

Whether the consultation provisions of the ISEPP apply should be decided in consultation with environment staff. The ISEPP consultation checklist (EIA-P05-G03-T02) can be used to assist with making this decision. The checklist must be completed by the project manager if directed by environment staff.

Refer to Appendix 1 and Appendix 2 for definitions used in the ISEPP and agency contact details. This guidance note should be used in conjunction with procedure EIA-P05-2 Printed copies of this document are uncontrolled EIA-P05-G03 Issue 2.3

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2.1.1 How to consult in accordance with ISEPP requirements

ISEPP consultation must be undertaken in writing. The ISEPP consultation letter general template (EIA-P05-G03-T04) and ISEPP consultation letter heritage template (EIA-P05-G03-T05) should be used for this purpose. These templates provide standard text for the letter and guidance on the type of project specific information to be inserted by the project manager. The templates should be filled out and sent to the identified agencies and stakeholders for the project.

A minimum of 21 calendar days for responses to be received must be provided. At least two additional days should be allowed for postage and internal handling (ie 23 calendar days in total). Details of where to send the notices are included at Appendix 2.

Responses from councils or agencies are normally received in writing. However ISEPP requires consideration of any response received, including those received in person or by phone. All responses therefore need to be documented and considered.

2.2 State Environmental Planning Policy (Sydney Growth Centres) 2006 consultation

Works carried out in the north-west or south-west growth centres of Sydney that require the clearing of native vegetation outside of mapped biocertified areas, require statutory consultation to be carried out with the Department of Planning and Environment under State Environmental Planning Policy (Sydney Growth Centres) 2006 (Growth Centres SEPP).

Details on the location of the growth centres and biocertified areas are available on the Sydney Growth Centres website: http://www.gcc.nsw.gov.au/the+growth+centres-5.html. Advice should also be sought from regional environment staff to determine whether the project will trigger the consultation provisions of the Growth Centres SEPP.

Roads and Maritime Services meets its Growth Centres SEPP consultation requirements during preparation of the REF. Growth Centres SEPP consultation does not replace the other consultation processes described in this guidance note.

Growth Centres SEPP consultation must be undertaken in writing. The Consultation letter Growth Centres template (EIA-P05-G03-T07) should be used for this purpose. This template provides standard text for the letter and guidance on the type of project specific information to be inserted by the project manager.

A minimum of 21 calendar days for responses to be received must be provided. At least two additional days should be allowed for postage and internal handling (ie 23 calendar days in total). Details of where to send the notice is included at Appendix 2.

Responses from the Department of Planning and Environment will normally be received in writing. However ISEPP requires consideration of any response received, including those received in person or by phone. All responses therefore need to be documented and considered as part of the REF preparation.


3

http://www.gcc.nsw.gov.au/the+growth+centres-5.html

2.3 Other statutory approvals, consultation and notifications There are requirements for approvals, consultation and notification under other legislation and environmental planning instruments that may apply to the carrying out of a proposal. Seek advice from environment staff if you are unsure of other approval, consultation and notification requirements that may apply to the proposal. For Roads and Maritime Services projects these requirements can include (but are not limited to):

Fisheries Management Act 1994 Requirement Who Must notify (28 days) for any activities involving dredging or reclamation work.

Minister for Primary Industries

Must notify for any activities to construct, alter or modify a dam, weir or reservoir on a waterway.


Permit required for harm (includes preventing light from reaching) to marine vegetation (includes mangroves, seagrasses and any specified in regulations) in protected area (includes public water land and aquaculture lease areas).


Requirements for Species Impact Statements. Minister for Primary Industries

Forestry Act 1916 Requirement Who Licence required prior to removing trees or forest material from a State forest, timber reserve or flora reserve.

DepartmentIndustries

of Primary

Heritage Act 1977 Requirement Who Approval required for certain things that will affect a place, building, work, relic, moveable object or precinct which is subject to an Interim Heritage Order or is listed on the State Heritage Register unless exempted by Order of the Minister for Planning.

Minister for Heritage

Excavation permit for certain works. Minister for Heritage Notice to the Heritage Council of discovery of a relic.

NSW Heritage Council

National Parks and Wildlife Act 1974 Requirement Who A permit is required to excavate, move, remove or exhibit any Aboriginal object.

Office of Heritage

Environment and

Approval is required to destroy, deface or damage an Aboriginal object or Aboriginal place.

Office of Heritage

Environment and

A licence is required to pick protected native plants.

Office of Heritage

Environment and


4

Noxious Weeds Act 1993 Requirement Who Must notify relevant control authority within 3 days of becoming aware that a notifiable weed is on land.

Usually relevant local council or Western Lands Commissioner

Must notify of proposed actions to control a prohibited plant as defined under the Drug Misuse and Trafficking Act 1985.

Police Minister for Primary Industries

Marine Parks Act 1977 Requirement Who Consult if a proposed activity in the locality of a marine park is likely to have an effect on the plants or animals within a marine park.

DepartmentIndustries

of Primary

Protection of the Environment Operations Act 1997 Requirement Who Requirements to obtain environmental protection licences for certain road construction works.

Office of Heritage

Environment and

State Environmental Planning Policy (Sydney Drinking Water Catchment 2011 Requirement Who Requirement to determine whether activity will have a neutral or beneficial effect on water quality in Sydney drinking water catchment area. Consultation may be required if adverse effect is expected.

Sydney Catchment Authority

Sydney Water Catchment Management Act 1998 Requirement Who Requirements to give notice (28 days) to exercise functions in special areas within the catchment area.

Department of Primary Industries

Threatened Species Conservation Act 1995 Requirement Who Requirements for Species Impact Statements. Minister for the Environment

Water Act 1912 (Note: progressively being repealed by the Water Management Act 2000) Requirement Who A licence is required for construction of use of a work (taking and using water from a dam, lock, reservoir, weir, regulator, flume, race, channel, cutting, well, excavation, tunnel, pipe, sewer, machinery or appliance) for certain purposes.

Department of Primary Industries


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Sydney Regional Environmental Plan No 18 – Public Corridors (Note: now a deemed SEPP) Requirement Who Must consult by notice where it is proposed to carry out an activity on land within a public transport corridor (as defined by the SREP – includes land in Fairfield, Parramatta, Holroyd and Baulkham Hills local government areas). Does not apply to activities involving the maintenance or repair of a road.

Secretary of the Department of Planning and Environment

3 General consultation

3.1 Who to consult

3.1.1 Agency and stakeholder consultation

Identified relevant agencies and stakeholders must be consulted during preparation of the REF. Agencies and stakeholders may include local council, Federal and State government departments, utility providers, community organisations etc. Relevant agencies and stakeholders for the project are identified in the community involvement plan for the proposal. Refer to communications and environment staff for advice.

The Standard consultation letter template (EIA-P05-G03-T03) should be used to consult with agencies and stakeholders. It provides standard text for the letter and prompts to include project specific information. The standard letter template should be filled out and sent to the identified agencies and stakeholders to seek feedback on the project.

3.1.2 Community consultation

If consultation is to be undertaken with the community prior to or during the preparation of the REF, a variety of tools and approaches may be required. Community consultation should be in accordance with the Community Involvement Plan for the project and in liaison with communications staff. Refer to Community involvement and communications: A resource manual for staff (March 2010) for more information on community consultation.

3.1.3 Aboriginal community consultation

Aboriginal community consultation should be carried out in accordance with the Procedure for Aboriginal Cultural Heritage Consultation and Investigation (PACHCI). Contact the relevant Roads and Maritime Services Aboriginal cultural heritage advisor or environment staff for advice.

3.2 When to consult Initial consultation for the REF should be undertaken at an early stage of REF preparation. This will allow time for recipients to provide comment and for comments received to be taken into meaningful consideration. The communications and consultation process is interdependent with the environmental impact assessment process. Early consultation and meaningful communication informs the development of the REF and will assist in improving project outcomes.


6

3.3 What information to provide It is important to provide sufficient information about the project to enable meaningful comment. Information about the project should be attached to a letter prepared in accordance with the relevant letter template (refer to Section 3.6 and 3.7 of this guidance note) and signed by the project manager. Project information may include, but not necessarily be limited to the following: Location of the works (provide a map). Objectives of the works. Brief description of works including main features. Indicative list of equipment to be used. Expected timing and duration of the works. Extent of any excavation. Proposed environmental controls, including measures to mitigate/minimise

disruption to services or facilities (eg traffic controls etc). Plans to rehabilitate disturbed areas (pavements, landscaped areas etc). Any other details relevant to the purpose for consultation (eg stormwater works

etc).

3.4 How much time to give for responses ISEPP and Growth Centres SEPP consultation requirements include that the minimum consultation period is 21 days. This legal requirement must be met for any ISEPP or Growth Centres SEPP consultation.

A minimum period of 21 days should also be applied to all other forms of consultation where comment is requested. To account for postage and handling, at least two additional days should be included (that is a minimum total of 23 calendar days).

In some cases, a longer consultation period is appropriate. For example, where the period includes public holidays or school holidays or where there is a high level of community interest in the project.

If no response is received by the end of the consultation period, the recipient (eg council, agency, Local Aboriginal Land Council) should be contacted as a general courtesy to find out whether any response is likely. Late comments should be accepted wherever practicable.

During the consultation process, the project manager may decide to extend the consultation period, for example where further information has been sought or where a response is imminent. If no comments are received, this should be noted in the REF. Any decision to extend the consultation period must be appropriately documented and advised to relevant communications and environment staff involved in the REF preparation.


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4 How to decide when to display a REF

For Roads and Maritime Services activities carried out under Part 5 of the EP&A Act, a review of environmental factors (REF) is prepared. The REF documents all of the consultation undertaken during project development and during preparation of the REF. It identifies issues raised and describes how these issues have been taken into consideration. The REF also outlines consultation that will occur in the future.

Roads and Maritime Services generally follows three different methods of making the REF available to the public. These are: File REF: The REF is filed and made available on request. Publish REF on internet for information: The REF and relevant information is

published on a project website for easy access by anyone seeking information. Place REF on public display for comment: The REF is published and placed

on public display. Comments are invited and a summary and response to all submissions is prepared. Changes may be made to the project on the basis of the submissions received.

Deciding on whether and how to make an REF available to the public should involve the project development manager, the delegated manager, the Lead Environmental Adviser, the regional Aboriginal Cultural Heritage Adviser and communications staff. The LEA should also consult with Environment Branch specialists where relevant. The REF display checklist (EIA-G05-P03-T01) can be used to assist with the decision. The checklist must be used by the project manager if directed by environment staff or communications staff. Procedures and checklists contained within Project Pack and Minor Project for identifying project risks and managing communications may provide a useful source of information when filling out the REF display checklist.

The checklist has been developed to provide for greater transparency of government processes in general and environmental planning and assessment processes in particular. The release of the Government Information (Public Access) Act 2009 reinforces the increasing requirement for transparency. In addition, community consultation through the environmental impact assessment process has recently been the subject of scholarly thought by the Land and Environmental Court judiciary.

If environment staff, communication staff or project development staff ascertain there is a widespread expectation within the community that an REF will be placed on public display, then serious consideration must be given to placing the REF on display regardless of the magnitude of impacts. A distinction is made between making a document available for information purposes and inviting public comment. An REF should only be placed on public display if Roads and Maritime Services is prepared to give meaningful consideration to the submissions received. This requires an ability and willingness to undertake further investigations as required and make changes to the design, construction methods or programming of the proposal. Placing an REF on public display where there is no scope for change may generate false expectations in the community.

The checklist is initially used at an early stage in the development of the REF. However, should unexpected issues arise as the REF progresses, the checklist can and should be revisited to examine whether or not an increased level of public participation is warranted.


8

4.1.1 Decision making flowchart

Guidance on whether or not to place an REF on display is provided through three decision making points, presented in the following flowchart. Three outcomes are possible: REF is not displayed or placed on the website but must be made available to the

public upon request REF is placed on the internet for information purposes REF is placed on display and the public is invited to provide comment

The decision points in the flowchart are each supported by a series of questions in the REF display checklist (EIA-G05-P03-T01).

Where the REF is to be placed on public display, appropriate approval must be sought for the display as detailed in the Project review of environmental factors procedure (EIA-P05-2). A memo must be prepared for public display of the REF in accordance with the Approval to display REF memo template (EIA-P05-G03-T06). In addition, the Infrastructure Communications process for seeking approval to publish must be followed. For REFs placed on the internet for information, the Infrastructure Communications process for seeking approval to publish must be followed.

What information is required for the REF?

The REF should identify all consultation activities undertaken for a project up to and during preparation of the REF. Consultation and environmental impact assessment are interdependent processes. The REF preparation and development should be informed by the consultation carried out and the comments received. The project manager should provide the following to the EIA contractor or person preparing the REF: Details of all consultation undertaken prior to and during preparation of the REF

including the method of consultation, date that consultation took place, and the intended recipients.


9

5

Copies of any letters, emails, feedback forms, phone conversation records or other comments received as a result of the consultation.

Any consideration given to issues raised during consultation. Any alterations to the works or safeguards as a result of consultation.

Refer to the Preparing a project REF guidance note (EIA-P05-G02) and Project review of environmental factors template (EIA-P05-G02-T03) for how to document and consider consultation in the REF.


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Appendix 1– ISEPP and Growth Centres SEPP agency details and reference information

Local councils Correspondence should be addressed to the General Manager of the local council. If you have been dealing with a specific staff member in the council on the works, still address the letter to the General Manager and copy your contact into the letter as well.

The Local Government Directory provides contact details for all local councils in NSW, including current postal addresses: http://www.dlg.nsw.gov.au/dlg/dlghome/dlg_LocalGovDirectory.asp?index=1&mi=2& ml=2

Office of Environment and Heritage The Office of Environment and Heritage is part of the Department of Planning and Environment. Correspondence should be addressed to the Secretary of the Department of Planning and Environment and forwarded to the relevant regional Office of Environment and Heritage office. If you have been dealing with a specific staff member in the Office of Environment and Heritage on the works, still address the letter to the Secretary and copy your contact into the letter as well.

Details on the location of national parks, nature reserves and other areas administered under the National Parks and Wildlife Act 1974 is available from: www.environment.nsw.gov.au/NPWS/NPWSRegions.htm

Details on the location of aquatic reserves is available from: www.environment.nsw.gov.au/parktypes/AquaticReserves.htm

Postal addresses for Office of Environment and Heritage offices is available from: http://www.environment.nsw.gov.au/contact/index.htm

Department of Planning and Environment Correspondence should be addressed to the Secretary of the Department of Planning and Environment. If you have been dealing with a specific staff member in relation to the works, still address the letter to the Secretary and copy your contact into the letter as well. For correspondence with the Office of Environment and Heritage see above.

Marine Parks Act 1977 Details on the location of marine parks is available from: http://www.mpa.nsw.gov.au/index.html

Contact information and postal addresses for the Marine Parks Authority is available from: http://www.mpa.nsw.gov.au/contact.html

Sydney Harbour Foreshore Authority Act 1998 Details on the location of the foreshore area is available from: http://www.shfa.nsw.gov.au/sydney-Resource_centre-Maps.htm


11

http://www.shfa.nsw.gov.au/sydney-Resource_centre-Maps.htm

http://www.mpa.nsw.gov.au/contact.html

http://www.mpa.nsw.gov.au/index.html

http://www.environment.nsw.gov.au/contact/index.htm

www.environment.nsw.gov.au/parktypes/AquaticReserves.htm

www.environment.nsw.gov.au/NPWS/NPWSRegions.htm

http://www.dlg.nsw.gov.au/dlg/dlghome/dlg_LocalGovDirectory.asp?index=1&mi=2

Contact information, including the postal address, for the Authority is available from: http://www.shfa.nsw.gov.au/sydney-Contact_us.htm State Environmental Planning Policy (Sydney Growth Centres) 2006 Contact information for the Growth Centres team in the Department of Planning and Environment: http://www.gcc.nsw.gov.au/contact+us-43.html

NSW Rural Fire Service Correspondence should be addressed to the Commissioner of the NSW Rural Fire Service. If you have been dealing with a specific staff member in the Service on the works, still address the letter to the Commissioner and copy your contact into the letter as well.

Details of bush fire prone land are available by contacting the relevant local council. Further information is available from: http://www.rfs.nsw.gov.au/dsp_content.cfm?cat_id=1052

Contact details, including the postal address, for the NSW Rural Fire Service is available from: http://www.rfs.nsw.gov.au/dsp_content.cfm?CAT_ID=1154


12

http://www.rfs.nsw.gov.au/dsp_content.cfm?CAT_ID=1154

http://www.rfs.nsw.gov.au/dsp_content.cfm?cat_id=1052

http://www.gcc.nsw.gov.au/contact+us-43.html

http://www.shfa.nsw.gov.au/sydney-Contact_us.htm

Appendix 2 – Terms used in the ISEPP

The consultation clauses of the ISEPP use some terms that are defined in the ISEPP or by Roads and Maritime Services as follows:

Adjacent means lying near, close or contiguous, neighbouring, adjoining.

Bush fire prone land means land recorded for the time being as bush fire prone land on a map certified under s.146(2) of the EP&A Act.

Emergency works means works for the purpose of maintaining or restoring infrastructure facilities or equipment in order to ensure public safety or to protect buildings or the environment due to: (a) a sudden natural event, including a storm, flood, tree fall, bush fire, land

slip or coastal inundation, or (b) accident, equipment failure or structural collapse, or (c) damage caused by vandalism or arson, provided the works involve no greater disturbance to soil or vegetation than necessary and are carried out in accordance with all applicable requirements of Managing Urban Stormwater: Soils & Construction (Landcom, 2004).

Exempt development means development described as such in an environmental planning instrument, that is of minimal environmental impact and that can be carried out without need for development consent under Part 4 of the EP&A Act or for assessment under Part 5 of the Act.

Flood liable land means land that is susceptible to flooding by the probable maximum flood event, identified in accordance with the principles set out in the manual entitled Floodplain Development Manual: the management of flood liable land published by the New South Wales Government and as in force from time to time.

Inconsequential means of no consequence, trivial.

Local heritage item means: (a) a place, building, work, relic, tree, archaeological site or Aboriginal object

that is identified as a heritage item (or by a similar description) in a local or regional environmental plan, or

(b) an item of local heritage significance, as defined by the Heritage Act 1977, that is subject of an interim heritage order in force under that Act or is listed as an item of local heritage significance on the State Heritage Inventory under that Act.

Minor means lesser, as in size, extent or importance.

Strain means to exert to the utmost tension; to stretch beyond the proper point or limit; to make excessive demands upon.

Substantial means real or actual, of ample or considerable amount, quantity or size.


13

About this document

Reference number

EIA-P05-G03

Title Guidance Note: Review of environmental factors - consultation





Approved by


Objective location



2.3 August 2014


1.0 30/6/10 First issue (trial version)

2.0 09/09/11 Incorporation of trial version comments. Legal review complete. Implementation version.

2.1 05/12/11 Change to Roads and Maritime Services. References to NSW Maritime referrals removed.


2.3 21/08/14 Made web accessible in accordance with WCAG. Update logo and report template. Update titles and names of departments. Change DG to Secretary. Change to document location (G drive to Objective).

This document replaces: EIA-P05-G03 Infrastructure SEPP consultation guidance note




14

Review of Environmental Factors – REF display checklist

This checklist provides assistance with deciding whether or not to place a Review of Environmental Factors (REFs) on public display. The checklist should be completed by the project manager in conjunction with regional communications staff and the lead environmental adviser.

Refer to the consultation guidance note for further discussion on using the checklist and displaying REFs.

Project:

REF name and version:

REF prepared by:

Decision making flowchart Guidance on whether or not to place an REF on display is provided through three decision making points, presented in the following flowchart. Three outcomes are possible: REF is not displayed or placed on the website but must be made available to the

public upon request REF is placed on the internet for information purposes REF is placed on display and the public is invited to provide comment

The decision points in the flowchart are each supported by a series of questions (see below).

This template should be used in conjunction with procedure EIA-P05-2 Printed copies of this document are uncontrolled EIA-P05-G03-T01 Issue 2.2

1

Decision 1 - Is there an expectation in the community that the REF will be placed on display? Consider the questions below to answer whether there is an expectation within the community that the REF will be placed on display. If you answer yes to any of the questions, discuss with environment and communications staff whether a widespread expectation that the REF will be displayed exists – if yes, then proceed to Decision 2.

Is there a high level of interest in the proposal? Yes / No

Has a commitment been made by any Roads and Maritime Services personnel, representative or document that the REF will be placed on public display?

Yes / No

Is the proposal part of a larger program of works for which REFs have been displayed in the past?

Yes / No

Has the local community taken an active interest in Roads and Maritime Services (formally RTA) activities in the past?

Yes / No

Decision 2 – Are there environmental issues of potential concern to the community? Consider the questions below to answer whether or not the proposal is likely to cause concern within the community with regards to environmental impacts. If you answer yes to any of the questions then the proposal has issues of potential concern to the community – proceed to Decision 3.

Is the proposal likely to cause a high level of impacts to the amenity of nearby residents or impact a high numbers of residents (e.g. increases in noise, changes to visual outlook)?

Yes / No

Does the proposal involve the removal of important trees or stands of vegetation which might be highly valued for its ecological, heritage, aesthetic or amenity value?

Yes / No

Is the proposal likely to alter a community’s character, the way people engage with the community or how community members engage with each other (e.g. through altered landscape, severance, bypass, business impacts, changes to pedestrian movements in a town centre)?

Yes / No

Will the community experience high or protracted impacts during construction (e.g. does construction require medium-term detours, high levels of noise for long periods)?

Yes / No

Has the community expressed concern about the proposal generally or highlighted any particular issues of concern (e.g. directly to the Roads and Maritime Services or in local media)?

Yes / No


2

Decision 3 – Is there an opportunity for genuine consultation? Consider the questions below to determine whether there is an opportunity for genuine consultation. The REF should only be placed on public display if Roads and Maritime Services is prepared to give meaningful consideration to responses. If you answer yes to one or more of these questions then there is an opportunity for genuine community consultation and the REF should be placed on public display. If you answer no to all questions, then the REF should be put on the internet for information. A project development process inclusive of community involvement, where design and construction scheduling options have already been canvassed and addressed, is an example of where no answers may apply.

Is there scope for changes to be made to the concept design should community feedback indicate a strong preference for a change?

Yes / No

Is the construction methodology and timetable flexible and able to respond to community concerns?

Yes / No

Is community feedback required to refine some details of the proposal?

Yes / No

Are any remaining elements of the proposal or its environmental management measures considered to be negotiable (e.g. where there has already been extensive community input into the development of the proposal and issues have been addressed as far as possible)?

Yes / No


3

Recommendation The recommendation is to be completed by the project manager and regional communications officer and endorsed by the lead environmental advisor and the relevant delegated manager.

Type ‘yes’ next to the recommended option: File REF and make available upon request

Place REF on internet for information purposes

Place REF on public display and invite comment

Name Signature

Position Date

Name Signature

Position Date

Endorsed Yes No

Name Signature

Position Date

Name Signature

Position Date


4

About this release

Reference number

EIA-P05-G03-T01

Title REF display checklist





Approved by Principal Manager, Environmental Policy, Planning and Assessment

Objective location



2.2 August 2014





2.2 21/08/14 Change to document location (G drive to Objective). Made web accessible in accordance with WCAG.


Senior Environmental Specialist (Planning & Assessment) Environmental Policy, Planning and Assessment Environment Branch, Roads and Maritime Services Level 17, 101 Miller Street North Sydney, NSW 2060 Ph: 8588 5726


5


Template

ISEPP consultation requirements checklist EIA-P05-G03-T02

Review of environmental factors - ISEPP consultation requirements checklist

1 How to use the checklist

This checklist is a tool that can be used in the early preparation of a review of environmental factors (REF). It helps ensure that the consultation requirements in State Environmental Planning Policy (Infrastructure) 2007 are met. Refer to the REF consultation guidance note (EIA-P05-G03) for more information.

The checklist must be used if directed by environment or communications staff. The project manager is responsible for completing the checklist and forwarding it to environment staff for endorsement.

Tables 1-1 to 1-4 below outlines the consultation requirements identified in clauses 13-16 of ISEPP. Section 2 outlines the exemptions from these requirements identified in clause 17 of ISEPP. The ISEPP consultation requirements for a project are determined by answering the questions in Tables 1-1 to 1-4 and considering whether any of the exemptions in section 3 apply. Preliminary investigations and assessment may be necessary to make an informed decision.

If consultation under the ISEPP is required use the consultation letter templates for Infrastructure SEPP (EIA-P05-G03-T04 & EIA-P05-G03-T05) to facilitate the consultation.

If there is any doubt whether ISEPP consultation is required, contact environment staff for advice. In general, if there is any doubt, undertake ISEPP consultation as a matter of best practice.

2 ISEPP consultation requirements exemptions

You do not need to consult under ISEPP if:

It would require notice to be given to a council or public authority whose approval is required in order for the activity to be carried out.

It would require notice to be given to a council or other authority that is carrying out the development or on whose behalf it is being carried out.

An example of this would be works that involve the installation of a fixed or floating structure in or over navigable waters. This would usually require consultation under the ISEPP with the maritime section of Roads and Maritime Services. However, as the works would be carried out by Roads and Maritime Services this type of ISEPP consultation is not required.

The works are characterised as exempt development or complying development by ISEPP or in another environmental planning instrument. Note that works which fall within Step 1 of the Environmental Assessment Procedure for Routine and Minor Works (EIA-P05-1) are considered by Roads and Maritime Services to be exempt development. Refer to that procedure if you think the works might be exempt development.

The works are emergency works as defined by the ISEPP.

The works are being assessed under Part 4.1 or Part 5.1 (previously Part 3A) of the EP&A Act (ie a major project application, state significant infrastructure


application or state significant development application to the Department of Planning and Environment.

The works are being assessed under Part 4 of the EP&A Act (ie a development application to a consent authority, usually the local council).

If you are unsure whether any of the above items apply contact environment staff for advice before proceeding.


3 ISEPP consultation requirements checklist

Project:

REF prepared by:

Table 1-1: Council related infrastructure or service

Issue Potential impact Yes / No If ‘yes’ consult with

ISEPP ref.

Stormwater

Are the works likely to have a substantial impact on the stormwater management services which are provided by council?

Yes / No

local council cl.13(1)(a)

Traffic

Are the works likely to generate traffic to an extent that will strain the existing road system in a local government area?

Yes / No

local council cl.13(1)(b)

Sewerage system

Will the works involve connection to a council owned sewerage system? If so, will this connection have a substantial impact on the capacity of the system?

Yes / No

local council cl.13(1)(c)

Water usage

Will the works involve connection to a council owned water supply system? If so, will this require the use of a substantial volume of water?

Yes / No

local council cl.13(1)(d)

Temporary structures

Will the works involve the installation of a temporary structure on, or the enclosing of, a public place which is under local council management or control? If so, will this cause more than a minor or inconsequential disruption to pedestrian or vehicular flow?

Yes / No

local council cl.13(1)(e)


Issue

Road & footpath

excavation

Potential impact Yes / No If ‘yes’ consult with

ISEPP ref.

Will the works involve more than minor or inconsequential excavation of a road or adjacent

Yes / No

local council cl.13(1)(f)footpath for which council is the roads authority and responsible for maintenance?

Table 1-2: Local heritage items


ISEPP ref.

Is there is a local heritage item (that is not also a State heritage item) or a

local council

Local heritage

heritage conservation area in the study area for the works? If yes, does a heritage assessment indicate that the potential impacts to the item/area are more than minor or

Include a copy of the

heritage assessment

as part of the consultation

cl.14

inconsequential?

Yes / No

Table 1-3: Flood liable land


ISEPP ref.

Are the works located on flood liable land? If so, will

Flood liable land

the works change flood patterns to more than a

local council cl.15

minor extent? If YES – consult.

Yes / No

Table 1-4: Public authorities other than councils

Issue

National parks and reserves

Potential impact

Are the works adjacent to a national park or nature reserve, or other area reserved under the National Parks and Wildlife Act, 1974?

Yes / No

Yes / No

If ‘yes’ consult with

ISEPP ref.

Office of Environment and Heritage

(part of cl.16(2)(a) Department of Planning and Environment)



ISEPP ref.

Yes / No Office of Environment

Are the works adjacent to a and Heritage

Aquatic declared aquatic reserve (part of cl.16(2)(c)

reserves under the Fisheries Department of

Management Act 1994? Planning and Environment)

Are the works adjacent to a Yes / No Department of

Marine declared marine park under Planning and cl.16(2)(b)

parks the Marine Parks Act Environment

1997? Are the works in the Yes / No

Sydney Sydney Harbour Foreshore Department of Harbour Area as defined by the Planning and cl.16(2)(d)

foreshore Sydney Harbour Foreshore Environment Authority Act 1998?

Bush fire prone land

Are the works for the purpose of residential development, an educational establishment, a health services facility, a correctional facility or group home in bush fire prone land?

Yes / No Rural Fire Service

Refer to the NSW Rural Fire Service publication Planning for

Bush Fire Protection

(2006)

cl.16(2)(f)


Recommendation The recommendation is to be completed by the project manager and endorsed by environment staff. You can either circle, strike out or delete yes or no to indicate your answer.

ISEPP consultation required Yes No

If yes provide details of councils and/or agencies to be consulted:

Name:

Signature:

Position:

Date:

Yes NoEndorsed

Name:

Signature:

Position:

Date:


About this document

Reference number

EIA-P05-G03-T02

Title Template: review of environmental factors – ISEPP consultation checklist





Approved by

Principal Manager Environmental Policy, Planning and Assessment

Objective location



2.2 August 2014




2.1 05/12/11 Change to Roads and Maritime Services. Reference to navigable waters consultation deleted.

2.2 21/08/14 Made web accessible in accordance with WCAG). Change to State government departments. Update logo and report cover template. Change to document location (G drive to Objective).




[Select and type date]

[Select and type reference number] [Select and type file number]

[Select and type recipient name] [Select and type recipient company] [Select and type recipient address line 1] [Select and type recipient address line 2] [Select and type recipient address line 3]

Dear [Select and type salutation and name]

Invitation to comment – proposed <Insert brief description of project>

Roads and Maritime Services is proposing to <Insert a brief description (one to two sentences) of the proposal including start and end points and any major project features such as bridges or intersections etc> (the proposal). A review of environmental factors (REF) is currently being prepared to assess the likely impacts of the proposal under Part 5 of the Environmental Planning and Assessment Act, 1979. Roads and Maritime Services invites your organisation to comment and advise of any interests, concerns or statutory requirements relating to the proposal. Comments received will be considered in the REF.

The objectives of the proposal are <Describe why the proposal is necessary. If available refer to the “Needs and options considered” section of the REF for information to paraphrase>.

The proposal would involve <Insert brief construction details, preferably using dot points. Include the locations and general use of any stockpile and/or compound sites where known. If works would be undertaken outside of standard hours, this should also be stated and justified>. The works would be undertaken adjacent to <Identify any sensitive environmental areas near the works such as a National Park, wetland or waterway. It may be appropriate to refer generally to mitigation measures, such as for erosion and sedimentation controls or traffic management etc that would be implemented to avoid and minimise impacts. To assist in your response, please find attached <Attach a map showing the location of the proposal and any concept designs or drawings available>.

To enable consideration of your comments in the REF, a written response would be appreciated by <Insert date, generally allow 23 calendar days from sending the letter>. Roads and Maritime Services would be pleased to provide further information if required. <Insert project manager’s name> may be contacted on <Insert contact number> or by email <Insert email contact>.

Yours faithfully,

<Insert RMS project manager name> <Insert RMS project manager position title>


101 Miller Street North Sydney NSW 2060 | Locked Bag 928 North Sydney NSW 2059 DX10516 | www.rms.nsw.gov.au | 131 782

www.rms.nsw.gov.au





Consultation regarding proposed [insert project title]

Roads and Maritime Services is proposing to undertake works for the [insert project title].

Under the State Environmental Planning Policy (Infrastructure) 2007, Roads and Maritime Services is required to consult with [insert name of council or agency] under clause [insert clause number 13, 15 or 16] due to the potential impacts on [insert coordinating aspect, eg council infrastructure, flood liable lands, XXXX National Park, XXX River etc].

An outline of the project is attached to this letter. [Attach draft REF or other relevant information to the letter.]

It would be appreciated if you could provide any comments regarding this proposal by [insert date 23 days from date of this letter].

Roads and Maritime Services would be pleased to provide further information if required. In this regard [insert Roads and Maritime Services contact] may be contacted on [insert contact number] or by email [insert email contact].

Yours sincerely

[Select and type sender name] [Select and type sender title]



www.rms.nsw.gov.au






Roads and Maritime Services is proposing to undertake works for the [insert project title]. It has been determined that this proposal may have more than a minor or inconsequential impact upon the identified local heritage item/area [insert name of heritage item/area].

Under the State Environmental Planning Policy (Infrastructure) 2007 Clause 14, Roads and Maritime Services is required to consult with [insert name of council] about this proposal. An outline of the project is attached to this letter as well as a copy of the [insert name of heritage assessment report] that has been prepared to determine the possible impacts. [Attach relevant information and heritage assessment report to the letter].

It would be appreciated if you could provide any comments regarding this proposal by [insert date 22 days from date of this letter].

Roads and Maritime Services would be pleased to provide further information if required. In this regard [insert Roads and Maritime Services contact] may be contacted on [insert contact number] or by email [insert email contact].

Yours sincerely

[Select and type sender name] [Select and type sender title]



www.rms.nsw.gov.au



Department of Planning and Environment GPO Box 39 SYDNEY NSW 2001



Roads and Maritime Services is proposing to <Insert a brief description (one to two sentences) of the proposal including start and end points and any major project features such as bridges or intersections etc> (the proposal). A review of environmental factors (REF) is currently being prepared to assess the likely impacts of the proposal under Part 5 of the Environmental Planning and Assessment Act, 1979.

The proposed works are within the North West / South West Growth Centre and require the clearing of native vegetation on land that is not subject land within the meaning of clause 17 of Schedule 7 to the Threatened Species Conservation Act 1995.

Under clause 18A of State Environmental Planning Policy (Sydney Region Growth Centres) 2006, Roads and Maritime Services must give written notice to the Department of Planning and Environment regarding the proposal and take into consideration any response that is received from the Department of Planning and Environment within 21 days of the notice.

Roads and Maritime Services invites comments from the Department of Planning and Environment on the proposal. Comments received will be considered in the REF.

To enable consideration of your comments in the REF, a written response would be appreciated by <Insert date, allow a minimum of 23 calendar days from sending the letter>. Roads and Maritime Services would be pleased to provide further information if required. <Insert Roads and Maritime project manager’s name> may be contacted on <Insert contact number> or by email <Insert email contact>.

Yours faithfully

Insert Roads and Maritime project manager’s name Insert Roads and Maritime project manager’s position title



www.rms.nsw.gov.au


Guidance Note REF review EIA-P05-G04

CONTENTS

1 Introduction ............................................................................................................................................................................................. 1

1.1 Purpose ............................................................................................................................................................................................... 1

1.2 Background ...................................................................................................................................................................................... 1

2 Using the checklists ........................................................................................................................................................................ 1

2.1 Self-assessment checklist (EIA-P05-G04-T01)................................................................................................ 2

2.2 Reviewer checklist (EIA-P05-G04-T02) .................................................................................................................. 2

1 Introduction

1.1 Purpose The purpose of this guidance note is to outline how to carry out a review of a review of environmental factors (REF) using the REF review checklists: EIA-P05-G04-T01 (self assessment) and EIA-P05-G04-T02 (reviewer).

1.2 Background The review of the quality of a REF is an important step in the environmental impact assessment process. It helps to ensure the information provided in a REF is credible and sufficient for decision making and statutory purposes. Often the quality of REFs can be considerably improved by review, resulting in more informed decision making and better environmental outcomes.

The purpose of review is to assure the completeness and quality of the information gathered and reported in a REF. It acts as a check on the quality of the REF submitted. The review assists to: Assess the adequacy and quality of a REF. Determine if the information provided in the REF is sufficient for a decision to

be made in respect of the proposal. Identify, as necessary, any deficiencies or omissions that must be addressed

before the REF can be publicly displayed or finalised.

2 Using the checklists

The checklists are designed to review the quality of REF. There are two checklists: EIA-P05-G04-T01 REF review checklist – self assessment. Refer to section

2.1. EIA-P05-G04-T02 REF review checklist – reviewer. Refer to section 2.2.

The checklists are arranged in sections to generally align with the structure of the REF: Presentation and communication of the information. Introduction. Need and options considered. Description of the proposal. Statutory and planning framework. Consultation. Environmental assessment. Environmental management. Justification and conclusion. Appendices. REFs for public display. Additional comments provided. Certification.

Within each section there are a number of review questions to be answered about the REF and the environmental impact assessment process relevant for the proposal. The questions are structured to require yes/no responses. Space is also provided to make additional comments if required. Each section contains an area for the person completing the review to sign their name and date when the review of that particular section was carried out. Review the REF with the concept design.


1

2.1 Self-assessment checklist (EIA-P05-G04-T01) The self assessment checklist is to be completed by the person or persons who prepared the REF prior to its finalisation and submission to the project manager. It is also to be checked and certified by a staff member senior to the REF preparer, who is accountable for ensuring adequate quality. A copy of the completed and certified reviewer checklist is to be submitted to the project manager with the draft REF.

Note: if the REF preparer is a sole operator with no other senior staff member to check and certify the quality of the REF, an alternative quality certification process must be agreed to with the project manager prior to the preparation of the REF.

The questions in the self assessment checklist are the same as those within the reviewer checklist. This allows the REF preparer to be aware of the matters that will be considered by Roads and Maritime Services when reviewing the REF. The questions also help the REF preparer ensure that the REF conforms to the REF template and guidance note and that it addresses relevant statutory obligations to appropriately assess the environmental impact of activities. Completing the checklist may also help the REF preparer to identify weaknesses and omissions in the content and structure of the REF.

At each question, in each section, the REF preparer is required to decide whether the REF is considered adequate. In making this judgement the REF preparer should consider whether the information provided is accurate and the level of detail is adequate. There should be enough information provided in the REF to inform the decision making process.

If the information is complete provide a “yes” response to the question. If the information is not complete or inadequate in some other way provide a “no” response to the question. If the answer is “no” detail what the inadequacy or omission is in the comments area relevant to that section. If appropriate, detail what further information is required to be included in the REF.

Any other matters relevant to the REF or proposal that are not covered in the checklist should also be detailed in the comments section. If additional comments are provided in another format - either as electronic changes, on a hard copy version, in a meeting or as additional comments within the checklist this should be noted in the “additional comments provided” section of the checklist.

2.2 Reviewer checklist (EIA-P05-G04-T02) The reviewer checklist is to be completed by the relevant Roads and Maritime Services environment staff member responsible for reviewing the REF – the lead environment adviser. This review includes drafts of the REF submitted for review, prior to finalisation of the REF for public display and/or prior to finalisation of the REF for determination. A copy of the final completed and certified checklist is to be submitted with the REF determination memo.

In completing the reviewer checklist, the reviewer should also consider the responses provided in the self assessment checklist and any additional comments made by the REF preparer. The questions in the reviewer checklist mirror those within the self assessment checklist which should assist in reviewing the REF and easily identifying any discrepancies in the quality of work for the REF or any potential weaknesses and omissions.


2

Read the REF and supporting technical papers (or sections of the REF and relevant technical papers) and decide for each question in the relevant section whether the REF is adequate in terms of provided information and detail. There should be enough information provided in the REF to inform the decision making process.

If the information is complete provide a “yes” response to the question. If the information is not complete or inadequate in some other way provide a “no” response to the question. If the answer is “no” detail what the inadequacy or omission is in the comments area relevant to that section. If appropriate, detail what further information is required to be included in the REF. Provide adequate feedback in the comments section to enable the REF preparer to be able to remedy the omission or weakness identified. Additional comments can be provided in another format - either as electronic changes, on a hard copy version, in a meeting or as additional comments within the checklist.

The lead environment advisor and project manager make a decision about whether the overall REF is adequate and can be accepted by Roads and Maritime Services as a deliverable.

2.2.1 Adequate deliverables

The lead environment advisor and project manager decide whether to accept the REF as meeting the deliverable under the contract. Guidance on this decision is provided in Table 1 and should be based on professional judgement and consideration of the completed reviewer and preparer checklists.

Table 1: REF standards for adequate deliverables Adequate Final REF

A document free of technical weaknesses and/or omissions. No further value-adding review required prior to submission for sign-off.

Adequate Draft REF

A document that may have minor technical weaknesses and/or omissions. Comments may require additional work and further review prior to submission for sign-off.

REF that cannot be accepted as adequate

A document requiring substantial work to address technical weaknesses and/or omissions. The document may require considerable additional effort to provide a complete and accurate description and assessment of the proposal to meet environmental assessment requirements under Part 5 of the EP&A Act. In some cases the comments required may be too extensive to justify the time input required to thoroughly review.

If unsure about whether the REF is adequate to accept as a deliverable under the contract, consult with the regional/program Environment Manager or the Senior Environmental Specialist (Planning & Assessment). Be prepared to substantiate the decision made. Comments provided on the checklist and the document must always be constructive and professional in tone and should be treated with confidentiality between Roads and Maritime Services and the contractor.


3

About this document

Reference number

EIA-P05-G04

Title Guidance Note: REF review





Approved by


Objective location



2.2 August 2014





2.2 21/08/14 Replace grading system with adequate deliverables. Updated titles, roles and responsibilities and processes following internal restructure. Update to State and Australian Government department titles. Made consistent with web accessibility requirements (WCAG). Update document location (G drive to Objective). Update to logo and report template.




4

Project review of environmental factors

Review checklist – self assessment

This checklist should be completed when finalising the preparation of a project review of environmental factors (REF). It is also to be checked and certified by a senior staff member to the REF preparer prior to submission to the Roads and Maritime Services project manager and review by Roads and Maritime Services environment staff. The checklist should be read in conjunction with the REF review guidance note (EIA-P05-G04).

It helps ensure that the REF conforms to the Project REF template and guidance note and that it adequately addresses Roads and Maritime Services statutory obligations to assess the environmental impacts of its activities. The checklist assists the preparer to identify weaknesses and omissions in the content and structure of the REF.

Project:


REF prepared by:

Presentation and communication of the information

1. Is the REF in accordance with the current Roads and Maritime Services REF template and guidance note?

Y/N

2. Is the REF correctly dated and titled? Y/N

3. Is there a document controls page? Y/N

4. Is the font Arial? Y/N

5. Is plain English used throughout with the use of technical terms kept to a minimum?

Y/N

6. Is a list of abbreviations and glossary terms included? Is this consistent with the EIA guidelines Abbreviations and glossary of terms?

Y/N

7. Are all relevant terms and acronyms included in the Abbreviations and Glossary terms table?

Y/N

8. Is the Executive summary a stand-alone document? Y/N

9. Is the REF capable of being understood by a non-specialist? Y/N

10. Is the contents page up to date? Y/N

11. Are the footers and page numbering correct? Y/N

12. Are maps and plans used to assist understanding of the locations of impacts?

Y/N

13. Do all maps have a scale, north point and the source acknowledged?

Y/N


1

14. Are all references included and are they in Harvard style? Y/N

15. If the REF is going on the website, does it conform with the Web Content Accessibility Guidelines 2.0 Level AA?

Y/N

Comment: [Use this section to provide any additional information]

Chapter 1. Introduction

1. Is a succinct and accurate description of the proposal provided? Y/N

2. Is the strategic and/or operational need for the proposal briefly explained?

Y/N

3. Are key elements of the proposal, including major design and structural features outlined?

Y/N

4. Is the location of the proposal identified and mapped as an overlay on an aerial photograph?

Y/N

5. Is there a brief description of the region and locality and of any special or defining environmental features? (eg land uses, waterways, conservation reserves, heritage or geological features)

Y/N

6. Is the Roads and Maritime Services region and the local government area identified?

Y/N

7. Is the expected cost, funding and period of construction identified? Y/N

8. Is the funding source identified? Y/N


Chapter 2. Need and options considered

1. Does Chapter 2 generally explain the objectives of and justification for the proposal?

Y/N

2. Is the strategic and/or operational need for the project adequately identified?

Y/N

3. Are all relevant NSW and Roads and Maritime Services plans and strategies referenced?

Y/N

4. Are the proposal objectives stated? Do they link to the need for the proposal?

Y/N

5. Do the proposal objectives include environmental objectives? Y/N

6. Does Section 2.3 describe the alternatives considered for the proposal (either design or location), the method for evaluating options and the reasons for rejecting these alternatives over the preferred option?

Y/N

7. Is the methodology and the selection criteria used to assess the alternatives to arrive at the preferred option described adequately?

Y/N


2

8. Are genuine alternatives to the proposal adequately described, including key features and advantages and disadvantages of each alternative?

Y/N

9. Is the do nothing or ‘base case’ option described including the positive and negative consequences of not proceeding?

Y/N

10. Is a balanced and convincing comparative analysis of the options against the proposal objectives and other selection criteria presented?

Y/N

11. Is the preferred option identified and is it justified when compared to the alternatives?

Y/N


Chapter 3. Description of the proposal

1. Does Chapter 3 describe the proposal and associated construction methods in non-technical terms, using figures to assist the reader to visualise the proposal?

Y/N

2. Is the concept design provided as an overlay of an aerial photograph in the REF or its appendices?

Y/N

3. Is the design of a suitable scale to understand the extent of impacts?

Y/N

4. Does Section 3.1 fully describe the concept design, including any temporary works or structures or relocations associated with the proposal?

Y/N

5. Does the description identify the footprint of all works? Is it flexible where required?

Y/N

6. Is the existing road and road infrastructure clearly described? Y/N

7. Are the design criteria included? (eg design speed, posted speed, lane widths and number, pedestrian/cyclist facilities, grades, batters, pavement type etc)

Y/N

8. Are the engineering constraints adequately described? (eg property access, waterway and road crossings, geology, topography, public utilities etc)

Y/N

9. Are the major design features appropriately described? (eg intersections, bridges, retaining walls, fences, project specific urban design principles and objectives)

Y/N

10. Are construction activities adequately described, including: Y/N

a. Work methodology Y/N

b. Earthworks (estimated quantities) Y/N

c. Construction working hours and duration Y/N

d. Source and quantity of materials (estimated quantities) Y/N

e. Plant and equipment Y/N


3

f. Traffic management and access Y/N

11. Have accesses and side tracks for construction and future maintenance of the proposal been identified and described?

Y/N

12. Have temporary facilities for construction been described, including footprint accesses, duration and decommissioning? (eg working pads for cranes, sediment detention basins, scour protection etc)

Y/N

13. Have the type, location and period of operation of any ancillary facilities been identified?

Y/N

14. If ancillary facilities are not known have potential types and locations been included with appropriate assessment criteria?

Y/N or n/a

15. Have public utility adjustments been identified? Have any adjustments been adequately detailed?

Y/N or n/a

16. Has property acquisition been identified, including DP and Lot number, the area of each property to be acquired? Is the area of acquisition shown on a map?

Y/N or n/a

17. Has the REF identified aspects of the proposal that have not yet been fully resolved and may require further refinement and assessment? (e.g. locations of ancillary facilities, utility adjustments, aspects of construction methodology etc.)

Y/N or n/a

18. Are you satisfied that the description of the proposal and the construction methodology is sufficient to enable an assessment of all potential direct and indirect impacts of the proposal?

Y/N


Chapter 4. Statutory and planning framework

1. Does ISEPP apply to the proposal? Y/N

2. Is the text from Section 4.1.1 of the Roads and Maritime Services REF template used?

Y/N

3. Are only the SEPPs (and deemed SEPPs) relevant to the proposal identified and discussed?

Y/N or n/a

4. Has consideration been given to whether consent from council and concurrence from OEH is required for the proposal due to it being within a listed SEPP 14 wetland, within a listed SEPP 26 littoral rainforest or on land within 100 metres of a listed SEPP 26 littoral rainforest?

If consent/concurrence is required provide details:

[Insert relevant details]

Y/N

5. Does the Sydney Drinking Water Catchment SEPP apply to the proposal?

If yes, ensure that a NorBE has been completed.

Y/N or n/a


4

6. Is only relevant legislation identified and discussed?

Note legislation should only be included in the REF where relevant to a licence, permit, notification or approval that is required for the proposal. No other environmental legislation should be included.

Y/N or n/a

7. Are details of required permits, licences, other approvals and notifications required under other legislation included and discussed?

Y/N or n/a

8. Does the proposal affect any heritage items listed on LEPs, the Roads and Maritime Services s170 register, the State heritage register, the National heritage list or subject to an interim heritage order?

If yes, has the approval and/or consultation process required been identified? (eg s60 approval required under the Heritage Act 1977 for State listed item or item subject to Interim heritage order, notice to Heritage Branch for transfer of ownership or demolition of s170 register item).

If permits/consultation is required provide details:


Y/N or n/a

9. Is the statutory position confirmed as being under Part 5 of the EP&A Act?

Y/N

10. Have you reviewed the statutory section and separately formed the opinion that the proposal can be assessed under Part 5 of the EP&A Act?

Y/N


Chapter 5. Consultation

1. If there is a communication strategy, plan or process, has it been adequately summarised?

Y/N

2. Do the sections of Chapter 5 describe how stakeholders affected by the proposal were identified?

Y/N

3. Do the sections of Chapter 5 describe how stakeholders have been consulted?

Y/N

4. Do the sections of Chapter 5 indicate what issues have been raised by the community or agencies and how the REF has been written to meet their needs?

Y/N or n/a

5. Where issues raised are identified and considered in the REF, is a reference provided to the correct section of the REF?

Y/N or n/a

6. Have unresolved or contentious issues that have been raised by the community or agencies been detailed adequately?

Y/N or n/a

7. Has the process of consulting the Aboriginal community been appropriately described?

Y/N

8. Does the REF demonstrate that the Aboriginal community consultation process has been consistent with the PACHCI? Is the PACHI document referenced?

Y/N


5

9. Do ISEPP consultation requirements apply to the proposal? Y/N

10. Is the ISEPP consultation process complete and have responses been summarised and adequately addressed in the REF?

Y/N or n/a

11. If ongoing consultation is proposed, is the purpose, audience and timing described in the REF?

Y/N or n/a


Chapter 6. Environmental assessment

1. Has the potential for the proposal to impact on all relevant environmental aspects been adequately assessed?

Y/N

2. These may include (but not be limited to):

a. Traffic and access Y/N or n/a

b. Aboriginal cultural heritage Y/N or n/a

c. Biodiversity Y/N or n/a

d. Non-Aboriginal heritage Y/N or n/a

e. Hydrology and flooding Y/N or n/a

f. Landscape and visual amenity Y/N or n/a

g. Water Quality Y/N or n/a

h. Noise and vibration Y/N or n/a

i. Air quality Y/N or n/a

j. Socio-economic effects Y/N or n/a

k. Climate change Y/N or n/a

l. Waste Y/N or n/a

m. Cumulative impacts Y/N or n/a

n. Other


Y/N or n/a

3. Have relevant databases been recently searched, search dates provided and results summarised?

Y/N


a. Australian Heritage Database Y/N or n/a

b. DPI Noxious weeds list Y/N or n/a

c. State Heritage Register and Inventory Y/N or n/a

d. NSW EPA contaminated land records Y/N or n/a

e. NSW Native Title Tribunal Y/N or n/a

f. NSW OEH Air quality records Y/N or n/a

g. NSW OEH AHIMS Y/N or n/a


6

h. Acid sulphate soils risk map Y/N or n/a

i. NSW Government Bionet (including Atlas of NSW Wildlife)

Y/N or n/a

j. Australian Government Department of the Environment National pollution inventory

Y/N or n/a

k. NSW OEH Biobanking Threatened species database Y/N or n/a

l. Australian Government Department of the Environment Protected matters (EPBC Act) database

Y/N or n/a

m. NSW DPI – Fishing and Aquaculture Record reviewer Y/N or n/a

n. Other


Y/N or n/a

5. Have the appropriate specialist studies been prepared?

eg consider the nature and scale of the potential impacts, the sensitivity of the affected environment and the level of existing information.

If yes, provide details:


Y/N

6. Is the description of the existing environment and the extent of the study area sufficient to assess the potential impacts?

Y/N

7. Where necessary has the following information been included:

Site history (eg heritage, contaminated land etc)

Policy settings (eg noise, climate change etc)

Criteria (eg noise and vibration, heritage, air quality, water quality etc)

Y/N

Y/N

Y/N

8. Are the appropriate standards/procedures followed in assessing impacts or reasons provided for any departure from recognised standards?

Y/N

9. Have the values/receptors that will potentially be impacted been identified?

Y/N

10. Are the potential impacts adequately characterised eg the type, extent, intensity, duration and expected timing of the impacts?

Y/N

11. Is the nature of potential impacts considered?

eg consider the level of confidence in the prediction, the resilience of the environment, whether the impacts are reversible, how adequately impacts can be managed or mitigated, compliance with performance criteria, need for additional investigations, public interest.

Y/N

12. Are all the potential impacts of the proposal adequately assessed including direct and indirect impacts, long-term and short-term impacts and impacts during construction and operation?

Y/N

13. Has the importance of values/receptors and impacts been considered at difference spatial scales, where relevant?

(ie local, regional, state and national)

Y/N

14. Where negligible environmental impact has been identified, has this been described?

Y/N


7

15. Are any uncertainties in impact assessment identified with an explanation of how these uncertainties have been managed in the REF?

(eg worst case scenario, assess different options, sensitivity analysis)

Y/N

16. Does the assessment discuss how design has been modified to avoid or minimise impacts?

Y/N

17. Have issues raised in the consultation process been appropriately addressed in the assessment section where relevant?

Y/N

18. Has there been an adequate assessment of whether or not any impacts are likely to be significant?

Y/N

19. Has a landscape character and visual impact assessment been carried out in accordance with the EIA guidelines practice note Landscape character and visual amenity (EIA-N04)?

Y/N

20. Do safeguard and mitigation measures relate directly to the identified potential impacts?

Y/N

21. Are safeguards and mitigation measures aimed at avoiding, minimising or mitigating the identified potential impacts?

Y/N

22. Are safeguards and mitigation measures additional to QA specifications (if these are known) and not repetitive?

Y/N

23. Do the safeguards and mitigation measures identify performance outcomes for the proposal?

Y/N

24. Are safeguards and mitigation measures feasible and reasonable and SMARTA?

Specific

Measureable

Achievable

Relevant

Time framed

Agreed

Y/N

25. Where monitoring is proposed are the purpose, criteria, timeframes and responsibilities identified?

Y/N


Chapter 7. Environmental management

1. Have future environmental management plans been identified? Y/N

2. Has use of an environmental management system been identified if necessary?

Y/N

3. Have the safeguards and management measures described in the assessment sections of the REF been transcribed accurately?

Y/N


8

4. Have all relevant licenses, permits, notifications and/or approvals and the process for obtaining them been identified and any statutory timing requirements stated?

Y/N


Chapter 8. Justification and conclusion

1. Does the justification section adequately outline the benefits of the proposal compared against the do-nothing option and outline how the proposal meets strategic, operational and/or safety needs?

Y/N

2. Does the ecologically sustainable development section demonstrate how the proposal is consistent with, or furthers the aims of, the principles of ESD?

Y/N

3. Is the conclusion concise and based only on information already presented in earlier chapters of the REF?

Y/N

4. Does the conclusion consider whether beneficial outcomes outweigh adverse outcomes?

Y/N

5. Does the conclusion address whether there would be a significant environmental impact with reference to clause 112 of the Environmental Planning & Assessment Act 1979 and the matters of national environmental significance listed under the Environmental Protection and Biodiversity Conservation Act, 1999?

Y/N


Appendices

1. Are all appendices included and referenced correctly throughout the REF?

Y/N

2. Has the Clause 228 table been completed with information supported in the body of the REF? Are the findings in the table consistent with those in the REF and no additional impacts identified?

Y/N

3. Has the matters of national environmental significance table been completed with information supported in the body of the REF? Are the findings in the table consistent with those in the REF and no additional impacts identified?

Y/N

4. Has the NorBE been completed and results reported in the water quality assessment?

Y/N or n/a



9

Additional comments provided [Delete those not applicable] In track changes In hard copy In meeting Below


REF review prepared by Name:

Position:

Signature:

Date:

REF review certified by (must be senior staff member to the reviewer above) Name:

Position:

Signature:

Date:


10

About this document

Reference number EIA-P05-G04-T01

Title Template: Review of Environmental Factors - review checklist – self assessment




Senior Environment Specialist (Planning & Assessment)

Approved by Principal Manager, Environmental Policy, Planning & Assessment

Location

Objective location Global Folder \ RMS Global Folder \ ENVIRONMENT \ Procedures \ Environment Planning and Assessment Procedures \ EIA-P05-2 Project REF Roads

Document Status

Version Date Revision description


2.0 09/09/11 Trial comments incorporated. Legal review complete. Implementation version.


2.2 21/08/14 Update to agency titles, change to document controls, update of search tools and databases. Made web accessible (WCAG).


Senior Environmental Specialist (Planning & Assessment) Environmental Policy, Planning & Assessment Environment Branch, Roads and Maritime Services Level 17, 101 Miller Street North Sydney, NSW 2060 Ph: 8588 5726


11

Project review of environmental factors

Review checklist – Roads and Maritime Services reviewer

This checklist should be completed when reviewing project reviews of environmental factors (REFs) for roads and read in conjunction with the REF review guidance note (EIA-P05-G04).

It helps ensure that the REF conforms to the Roads and Maritime Services Project REF template and guidance note and that it adequately addresses the Roads and Maritime Services’ statutory obligations to assess the environmental impacts of its activities. The checklist assists the reviewer to identify weaknesses and omissions in the content and structure of the REF. The review assists in providing feedback on contractor performance and Roads and Maritime Services expectations.

The project REF review checklist – Roads and Maritime Services reviewer is also used to establish whether the project REF is adequate and can be accepted as a deliverable:

REF standards for adequate deliverables

Adequate final REF

A document free of technical weaknesses and/or omissions. No further value-adding review required prior to submission for sign-off.

Adequate draft REF

A document that may have minor technical weaknesses and/or omissions. Comments may require additional work and further review prior to submission for sign-off.

REF that cannot be accepted as adequate

A document requiring substantial work to address technical weaknesses and/or omissions. The document may require considerable additional effort to provide a complete and accurate description and assessment of the proposal to meet environmental assessment requirements under Part 5 of the EP&A Act. In some cases the comments required may be too extensive to justify the time input required to thoroughly review.

Project:


REF prepared by:

Presentation and communication of the information

1. Has the REF review checklist – preparer been completed by the REF preparer and certified by a senior staff member?

Y/N


1

2. Is the REF in accordance with the current Roads and Maritime Services REF template and guidance note?

Y/N

3. Is the REF correctly dated and titled? Y/N

4. Is there a document controls page? Y/N

5. Is the font Arial? Y/N

6. Is plain English used throughout with the use of technical terms kept to a minimum?

Y/N

7. Is a list of abbreviations and glossary terms included? Is this consistent with the EIA guidelines Abbreviations and glossary of terms?

Y/N

8. Are all relevant terms and acronyms included in the Abbreviations and Glossary terms table?

Y/N

9. Is the Executive summary a stand-alone document? Y/N

10. Is the REF capable of being understood by a non-specialist? Y/N

11. Is the contents page up to date? Y/N

12. Are the footers and page numbering correct? Y/N

13. Are maps and plans used to assist understanding of the locations of impacts?

Y/N

14. Do all maps have a scale, north point and the source acknowledged?

Y/N

15. Are all references included and are they in Harvard style? Y/N

16. If the REF is going on the website, does it conform with the Web Content Accessibility Guidelines 2.0 Level AA?

Y/N

Comment: [Use this section to outline the additional work required to address weaknesses or omissions or to acknowledge good work and areas of originality/innovation]

Chapter 1. Introduction

1. Is a succinct and accurate description of the proposal provided? Y/N

2. Is the strategic and/or operational need for the proposal briefly explained?

Y/N

3. Are key elements of the proposal, including major design and structural features outlined?

Y/N

4. Is the location of the proposal identified and mapped as an overlay on an aerial photograph?

Y/N

5. Is there a brief description of the region and locality and of any special or defining environmental features? (eg land uses, waterways, conservation reserves, heritage or geological features)

Y/N

6. Is the Roads and Maritime Services region and the local government area identified?

Y/N

7. Is the expected cost, funding and period of construction identified? Y/N


2

8. Is the funding source identified? Y/N


Chapter 2. Need and options considered

1. Does Chapter 2 generally explain the objectives of and justification for the proposal?

Y/N

2. Is the strategic and/or operational need for the project adequately identified?

Y/N

3. Are all relevant NSW and Roads and Maritime Services plans and strategies referenced?

Y/N

4. Are the proposal objectives stated? Do they link to the need for the proposal?

Y/N

5. Do the proposal objectives include environmental objectives? Y/N

6. Does Section 2.3 describe the alternatives considered for the proposal (either design or location), the method for evaluating options and the reasons for rejecting these alternatives over the preferred option?

Y/N

7. Is the methodology and the selection criteria used to assess the alternatives to arrive at the preferred option described adequately?

Y/N

8. Are genuine alternatives to the proposal adequately described, including key features and advantages and disadvantages of each alternative?

Y/N

9. Is the do nothing or ‘base case’ option described including the positive and negative consequences of not proceeding?

Y/N

10. Is a balanced and convincing comparative analysis of the options against the proposal objectives and other selection criteria presented?

Y/N

11. Is the preferred option identified and is it justified when compared to the alternatives?

Y/N


Chapter 3. Description of the proposal

1. Does Chapter 3 describe the proposal and associated construction methods in non-technical terms, using figures to assist the reader to visualise the proposal?

Y/N

2. Is the concept design provided as an overlay of an aerial photograph in the REF or its appendices?

Y/N

3. Is the design of a suitable scale to understand the extent of impacts?

Y/N


3

4. Does Section 3.1 fully describe the concept design, including any temporary works or structures or relocations associated with the proposal?

Y/N

5. Does the description identify the footprint of all works? Is it flexible where required?

Y/N

6. Is the existing road and road infrastructure clearly described? Y/N

7. Are the design criteria included? (eg design speed, posted speed, lane widths and number, pedestrian/cyclist facilities, grades, batters, pavement type etc)

Y/N

8. Are the engineering constraints adequately described? (eg property access, waterway and road crossings, geology, topography, public utilities etc)

Y/N

9. Are the major design features appropriately described? (eg intersections, bridges, retaining walls, fences, project specific urban design principles and objectives)

Y/N

10. Are construction activities adequately described, including: Y/N

a. Work methodology Y/N

b. Earthworks (estimated quantities) Y/N

c. Construction working hours and duration Y/N

d. Source and quantity of materials (estimated quantities) Y/N

e. Plant and equipment Y/N

f. Traffic management and access Y/N

11. Have accesses and side tracks for construction and future maintenance of the proposal been identified and described?

Y/N

12. Have temporary facilities for construction been described, including footprint accesses, duration and decommissioning? (eg working pads for cranes, sediment detention basins, scour protection etc)

Y/N

13. Have the type, location and period of operation of any ancillary facilities been identified?

Y/N

14. If ancillary facilities are not known have potential types and locations been included with appropriate assessment criteria?

Y/N or n/a

15. Have public utility adjustments been identified? Have any adjustments been adequately detailed?

Y/N or n/a

16. Has property acquisition been identified, including DP and Lot number, the area of each property to be acquired? Is the area of acquisition shown on a map?

Y/N or n/a

17. Has the REF identified aspects of the proposal that have not yet been fully resolved and may require further refinement and assessment? (e.g. locations of ancillary facilities, utility adjustments, aspects of construction methodology etc.)

Y/N or n/a

18. Are you satisfied that the description of the proposal and the construction methodology is sufficient to enable an assessment of all potential direct and indirect impacts of the proposal?

Y/N


4


Chapter 4. Statutory and planning framework

1. Does ISEPP apply to the proposal? Y/N

2. Is the text from Section 4.1.1 of the Roads and Maritime Services REF template used?

Y/N

3. Are only the SEPPs (and deemed SEPPs) relevant to the proposal identified and discussed?

Y/N or n/a

4. Has consideration been given to whether consent from council and concurrence from OEH is required for the proposal due to it being within a listed SEPP 14 wetland, within a listed SEPP 26 littoral rainforest or on land within 100 metres of a listed SEPP 26 littoral rainforest?

If consent/concurrence is required provide details:


Y/N

5. Does the Sydney Drinking Water Catchment SEPP apply to the proposal?

If yes, ensure that a NorBE has been completed.

Y/N or n/a

6. Is only relevant legislation identified and discussed?

Note legislation should only be included in the REF where relevant to a licence, permit, notification or approval that is required for the proposal. No other environmental legislation should be included.

Y/N or n/a

7. Are details of required permits, licences, other approvals and notifications required under other legislation included and discussed?

Y/N or n/a

8. Does the proposal affect any heritage items listed on LEPs, the Roads and Maritime Services s170 register, the State heritage register, the National heritage list or subject to an interim heritage order?

If yes, has the approval and/or consultation process required been identified? (eg s60 approval required under the Heritage Act 1977 for State listed item or item subject to Interim heritage order, notice to Heritage Branch for transfer of ownership or demolition of s170 register item).

If permits/consultation is required provide details:


Y/N or n/a

9. Is the statutory position confirmed as being under Part 5 of the EP&A Act?

Y/N

10. Have you reviewed the statutory section and separately formed the opinion that the proposal can be assessed under Part 5 of the EP&A Act?

Y/N



5

Chapter 5. Consultation

1. If there is a communication strategy, plan or process, has it been adequately summarised?

Y/N

2. Do the sections of Chapter 5 describe how stakeholders affected by the proposal were identified?

Y/N

3. Do the sections of Chapter 5 describe how stakeholders have been consulted?

Y/N

4. Do the sections of Chapter 5 indicate what issues have been raised by the community or agencies and how the REF has been written to meet their needs?

Y/N or n/a

5. Where issues raised are identified and considered in the REF, is a reference provided to the correct section of the REF?

Y/N or n/a

6. Have unresolved or contentious issues that have been raised by the community or agencies been detailed adequately?

Y/N or n/a

7. Has the process of consulting the Aboriginal community been appropriately described?

Y/N

8. Does the REF demonstrate that the Aboriginal community consultation process has been consistent with the PACHCI? Is the PACHI document referenced?

Y/N

9. Do ISEPP consultation requirements apply to the proposal? Y/N

10. Is the ISEPP consultation process complete and have responses been summarised and adequately addressed in the REF?

Y/N or n/a

11. If ongoing consultation is proposed, is the purpose, audience and timing described in the REF?

Y/N or n/a


Chapter 6. Environmental assessment

1. Has the potential for the proposal to impact on all relevant environmental aspects been adequately assessed?

Y/N


a. Traffic and access Y/N or n/a

b. Aboriginal cultural heritage Y/N or n/a

c. Biodiversity Y/N or n/a

d. Non-Aboriginal heritage Y/N or n/a

e. Hydrology and flooding Y/N or n/a

f. Landscape and visual amenity Y/N or n/a

g. Water Quality Y/N or n/a

h. Noise and vibration Y/N or n/a


6

i. Air quality Y/N or n/a

j. Socio-economic effects Y/N or n/a

k. Climate change Y/N or n/a

l. Waste Y/N or n/a

m. Cumulative impacts Y/N or n/a

n. Other


Y/N or n/a

3. Have relevant databases been recently searched, search dates provided and results summarised?

Y/N


a. Australian Heritage Database Y/N or n/a

b. DPI Noxious weeds list Y/N or n/a

c. State Heritage Register and Inventory Y/N or n/a

d. NSW EPA contaminated land records Y/N or n/a

e. NSW Native Title Tribunal Y/N or n/a

f. NSW OEH Air quality records Y/N or n/a

g. NSW OEH AHIMS Y/N or n/a

h. Acid sulphate soils risk map Y/N or n/a

i. NSW Government Bionet (including Atlas of NSW Wildlife)

Y/N or n/a

j. Australian Government Department of the Environment National pollution inventory

Y/N or n/a

k. NSW OEH Biobanking Threatened species database Y/N or n/a

l. Australian Government Department of the Environment Protected matters (EPBC Act) database

Y/N or n/a

m. NSW DPI – Fishing and Aquaculture Record reviewer Y/N or n/a

n. Other


Y/N or n/a

5. Have the appropriate specialist studies been prepared?

eg consider the nature and scale of the potential impacts, the sensitivity of the affected environment and the level of existing information.

If yes, provide details:


Y/N

6. Is the description of the existing environment and the extent of the study area sufficient to assess the potential impacts?

Y/N


7

7. Where necessary has the following information been included:

Site history (eg heritage, contaminated land etc)

Policy settings (eg noise, climate change etc)

Criteria (eg noise and vibration, heritage, air quality, water quality etc)

Y/N

Y/N

Y/N

8. Are the appropriate standards/procedures followed in assessing impacts or reasons provided for any departure from recognised standards?

Y/N

9. Have the values/receptors that will potentially be impacted been identified?

Y/N

10. Are the potential impacts adequately characterised eg the type, extent, intensity, duration and expected timing of the impacts?

Y/N

11. Is the nature of potential impacts considered?

eg consider the level of confidence in the prediction, the resilience of the environment, whether the impacts are reversible, how adequately impacts can be managed or mitigated, compliance with performance criteria, need for additional investigations, public interest.

Y/N

12. Are all the potential impacts of the proposal adequately assessed including direct and indirect impacts, long-term and short-term impacts and impacts during construction and operation?

Y/N

13. Has the importance of values/receptors and impacts been considered at difference spatial scales, where relevant?

(ie local, regional, state and national)

Y/N

14. Where negligible environmental impact has been identified, has this been described?

Y/N

15. Are any uncertainties in impact assessment identified with an explanation of how these uncertainties have been managed in the REF?

(eg worst case scenario, assess different options, sensitivity analysis)

Y/N

16. Does the assessment discuss how design has been modified to avoid or minimise impacts?

Y/N

17. Have issues raised in the consultation process been appropriately addressed in the assessment section where relevant?

Y/N

18. Has there been an adequate assessment of whether or not any impacts are likely to be significant?

Y/N

19. Has a landscape character and visual impact assessment been carried out in accordance with the EIA guidelines practice note Landscape character and visual amenity (EIA-N04)?

Y/N

20. Do safeguard and mitigation measures relate directly to the identified potential impacts?

Y/N

21. Are safeguards and mitigation measures aimed at avoiding, minimising or mitigating the identified potential impacts?

Y/N

22. Are safeguards and mitigation measures additional to QA specifications (if these are known) and not repetitive?

Y/N


8

23. Do the safeguards and mitigation measures identify performance outcomes for the proposal?

Y/N

24. Are safeguards and mitigation measures feasible and reasonable and SMARTA?

Specific

Measureable

Achievable

Relevant

Time framed

Agreed

Y/N

25. Where monitoring is proposed are the purpose, criteria, timeframes and responsibilities identified?

Y/N


Chapter 7. Environmental management

1. Have future environmental management plans been identified? Y/N

2. Has use of an environmental management system been identified if necessary?

Y/N

3. Have the safeguards and management measures described in the assessment sections of the REF been transcribed accurately?

Y/N

4. Have all relevant licenses, permits, notifications and/or approvals and the process for obtaining them been identified and any statutory timing requirements stated?

Y/N


Chapter 8. Justification and conclusion

1. Does the justification section adequately outline the benefits of the proposal compared against the do-nothing option and outline how the proposal meets strategic, operational and/or safety needs?

Y/N

2. Does the ecologically sustainable development section demonstrate how the proposal is consistent with, or furthers the aims of, the principles of ESD?

Y/N

3. Is the conclusion concise and based only on information already presented in earlier chapters of the REF?

Y/N

4. Does the conclusion consider whether beneficial outcomes outweigh adverse outcomes?

Y/N


9

5. Does the conclusion address whether there would be a significant environmental impact with reference to clause 112 of the Environmental Planning & Assessment Act 1979 and the matters of national environmental significance listed under the Environmental Protection and Biodiversity Conservation Act, 1999?

Y/N


Appendices

1. Are all appendices included and referenced correctly throughout the REF?

Y/N

2. Has the Clause 228 table been completed with information supported in the body of the REF? Are the findings in the table consistent with those in the REF and no additional impacts identified?

Y/N

3. Has the matters of national environmental significance table been completed with information supported in the body of the REF? Are the findings in the table consistent with those in the REF and no additional impacts identified?

Y/N

4. Has the NorBE been completed and results reported in the water quality assessment?

Y/N or n/a


REFs for public display

1. Is this REF to be placed on the internet or on public display for comment?

Y/N

If ‘No’ proceed to ‘Additional comments provided’. If ‘Yes’, answer the questions below.

2. Has a concise executive summary been included in the REF? Y/N

3. If the REF is to be placed on the internet has it been sent for review to Roads and Maritime Services regional communications staff?

Y/N

4. If the REF is to be placed on public display for comment, has it been sent for review to:

Roads and Maritime Services regional communications staff Y/N

General Manager Environment (final drafts for endorsement) Y/N

Legal Counsel (Environment & Property Law)

Note: will not always be required. Seek advice from Senior Environmental Specialist (Planning & Assessment) before sending for legal review.

Y/N


10


Additional comments provided [Delete those not applicable] In track changes In hard copy In meeting Below

Comment: [Use this section to provide additional comments as required]

Review number

REF is adequate and can be accepted as a deliverable Y/N

Return for additional review Y/N

Review completed by Name:

Position:

Signature:

Date:


11

About this document

Reference number EIA-P05-G04-T01

Title Template: Review of Environmental Factors - review checklist – reviewer




Senior Environment Specialist (Planning & Assessment)


Location

Objective location Global Folder \ RMS Global Folder \ ENVIRONMENT \ Procedures \ Environment Planning and Assessment Procedures \ EIA-P05-2 Project REF Roads

Document Status

Version Date Revision description


2.0 09/09/11 Trial comments incorporated. Legal review complete. Implementation version.


2.2 21/08/14 Replaced grading system with decision about adequate deliverables. Updated titles, roles and responsibilities and processes following internal restructure. Update document location (G drive to Objective). Update of department titles. Replace RMS with Roads and Maritime. Update of search tools and databases. Document made web accessible (WCAG).


Senior Environmental Specialist (Planning & Assessment) Environmental Policy, Planning & Assessment Environment Branch, Roads and Maritime Services Level 17, 101 Miller Street North Sydney, NSW 2060 Ph: 8588 5726


12

____________________________________ _____________________________________

To:

Stakeholder Engagement

[insert name], [insert title of delegated manager as per EIA_P05-1]

[insert name], General Manager Environment

[insert name], [insert title of relevant manager eg Principal Manager Project Development]

[insert name], [Environment Manager region/program]

CC: [insert name], [insert position title of relevant regional comms. staff]

[insert name], General Manager Communication and

From: [insert name], [insert position of lead environment advisor]

[insert name], [insert position of project manager]

Date: [Date]

[File number] Pages: [No. of pages]File no:

Subject: Proposed [insert name of project] at [insert location] – Display of REF

MEMO

Issue

Approval is required to publically display the review of environmental factors (REF) report for the [insert name of project]. The REF is being displayed to seek public comment on the proposal.

Background

[Give a brief background to the proposal and REF. Include details of any relevant milestones, proposed display period and any other relevant documentation].

The REF was prepared by [insert name of environmental assessment contractor or person who prepared the REF]. The REF has been reviewed by [insert name and position title of lead environment advisor] and relevant specialists from Environment Branch and Urban Design. The REF has been prepared and reviewed in accordance with the Project review of environmental factors procedure – roads (EIA-P05-2).

Key environment issues

The key environment issues identified in the REF are:

[Insert issue heading eg Noise and vibration]

Provide a brief summary of the main issues and how they have been addressed/managed/mitigated in the REF.

Where a specialist has reviewed the REF and/or technical papers include: [Name and position title of specialist] has reviewed the [insert document(s) reviewed] and is satisfied that [noise and vibration] issues have been appropriately assessed and addressed.

Recommendation

It is recommended that the [project name] REF be approved for display for [public comment].

[name] [name] [position title of lead environment advisor] [position title of project manager]

Memo Page 1

[In signing this memo the LEA and PM are satisfied that the REF is suitable for public display]

________________________________

[name] Environment Manager [region / program]

Agreed / disagreed

________________________________

[name]

Agreed / disagreed

[relevant manager eg Principal Manager Project Development [region / area]]

________________________________ Endorsed / not endorsed / endorsed with changes

[name] [General Manager Environment]

______________________________ Approved / not approved / approved with changes [name] [relevant delegated manager eg General Manager Project Development / General Manager Project Delivery]

Please return this paperwork including the approval to publish to: [insert contact person for the REF]

Memo Page 2


Guidance Note Preparing a REF submissions report EIA-P05-G06

1 Introduction and purpose .........................................................................................................................................1

1.1 What is a submissions report and when should it be prepared? ...................................1

1.2 Privacy considerations.........................................................................................................................................1

1.3 Late submissions......................................................................................................................................................2

2 The process.........................................................................................................................................................................3

2.1 Summarise and categorise issues raised in submissions....................................................3

2.2 Consider the issues raised and how these can be addressed ........................................6

2.3 Responding to issues ...........................................................................................................................................7

2.4 Design changes .........................................................................................................................................................8

2.5 Additional assessment and supplementary studies...................................................................8

2.6 Summary of management and mitigation measures ................................................................9

3 Writing the report .........................................................................................................................................................10

4 Endorsement and publication of the report...........................................................................................11

5 Related procedures, guidance notes and templates....................................................................11

Key points Following public display of a REF, a submissions report is prepared to respond to

the issues raised in any submissions received and to outline any changes to the proposal in response to those submissions. This may include amended or additional management and mitigation measures.

Templates have been developed for preparation of submissions reports and for associated correspondence.

1 Introduction and purpose

When Roads and Maritime Services places a REF on public display, Roads and Maritime Services must give consideration to any submissions made. A submissions report is prepared to respond to the issues raised in the submissions and to detail any changes to the proposal being made in response to those submissions. This may include amended or additional management and mitigation measures. Submissions reports may also detail other design changes to the proposal that were not included in the displayed project REF. Additional assessment or details of additional specialist studies can be included in a submissions report.

This guidance note outlines the process of responding to the issues raised in public submissions, and preparing a submissions report.

1.1 What is a submissions report and when should it be prepared?

A submissions report is a response to the issues raised in submissions following the public display of a REF. REFs are prepared by Roads and Maritime Services to meet statutory requirements under Part 5 of the Environmental Planning and Assessment Act 1979. Seek advice from environment staff if the submissions report process described in this guidance note is to be used to document other consultation processes.

It is policy that all submission reports should be made available on the Roads and Maritime Services website. Contact communications staff for advice on this.

1.2 Privacy considerations Personal information received by Roads and Maritime Services as part of the submissions process is to be managed in accordance with relevant privacy legislation and Corporate Policy – PN055 Protection of personal information. The Government Information (Public Access) Act 2009 encourages proactive release of government information. However, the release of some information may be prevented where there is an overriding public interest against the disclosure of information. The release of an individual’s personal information qualifies as a public interest consideration.

Certain submissions, such as those in relation to Aboriginal cultural heritage, may be subject to further privacy considerations, and in such circumstances, advice should in the first instance be sought from environment staff.


1

1.3 Late submissions Acceptance of late submissions is at the discretion of Roads and Maritime Services. Wherever possible and within reasonable time limits, late submissions should be considered and addressed in the submissions report in conjunction with the other submissions. However, no assurance should be given to the community on the acceptance of late submissions or extending the time period for making submissions without first contacting the project manager and seeking advice.

If consideration and responding to submissions received for information purposes would result in unreasonable delay to the preparation of the submissions report or project timetable generally, receipt of the late submissions can simply be noted in the report. If this approach is taken, contact the regional/program Environment Manager for further advice. If late submissions are received after the preparation and finalisation of the submissions report, a letter should be sent to the respondent advising that the submission was not considered due to it being received after the end of the submissions period.


2

2 The process

The process of preparing a submissions report is shown in Figure 1.

Figure 1: The process

2.1 Summarise and categorise issues raised in submissions

The purpose of this step is to accurately capture all of the issues raised in submissions and, where applicable, group similarly themed issues so that they can be addressed simultaneously. This step should be taken in close consultation with the project manager to ensure early agreement on what the identified issues are and that issues have not been glossed over.


3

The process for summarising and categorising issues will vary from project to project according to the number of submissions and complexity of issues. For most submissions reports, it will be helpful to capture and summarise issues in a spreadsheet, database or similar. A spreadsheet is the simplest tool to use and a Submissions spreadsheet template (EIA-P05-G06-T03) has been developed to support the management of submissions. The instructions below describe the process of summarising and categorising issues and capturing this information using the template spreadsheet. Figure 2 provides an example of how to use the spreadsheet.

1. Register all submissions received and identify each with a unique submission number.

2. Identify all of the issues raised in each of the submissions. This includes identifying all issues raised in form letters. Each submission may contain numerous issues. Identifying the discrete issue within a submission may require some interpretation. Be careful not to over-interpret or misrepresent the submission.

3. Enter the submission into the spreadsheet. List the following information in the appropriate columns: Submission number Item number (provide a number to identify each issue within a submission). Author (identify whether the submission was from an individual, a government

agency or other organisation, do not include the name of private individuals). Issue verbatim (quote the issue as it appears in the submission). Issue summary (provide a summary of the issue).

4. Where applicable, group similarly themed issues within a submission to enable a common response to be prepared. This is important where there are multiple issues raised.

5. Categorise each issue. Where possible categories should replicate the issues or table of contents within the REF. It may be necessary to break issue categories into sub-categories to avoid repetition. Enter this information in the issue category and sub-issues columns in the template spreadsheet.


4

Figure 2: Spreadsheet summary example


5

6. Save and retain the issues summary spreadsheet for future reference.

7. Sort the issues by category and combine any duplicate issues. Include the submission number and author type. For submissions from a government agency or organisation, include the name of the agency or organisation. Refer to Figure 3 for an example.

Figure 3: Issues combination example.

8. There should be a quality control process in place to ensure that all issues have been identified and categorised correctly. This could be by a second person performing a checking/reviewing role.

2.2 Consider the issues raised and how these can be addressed

Consideration of the issues raised and how these can be addressed should include the following:

What are the main or recurring issues? Were the issues clearly addressed in the environmental assessment or the

specialist studies? Is any further consultation with government agencies or the community

necessary? Do issues require input from a specialist? Are further technical studies necessary? Are changes to the project design or description required? Is there a need for additional management or mitigation measures?

Liaison with technical specialists or government bodies should occur as soon as possible to determine if further consultation, additional studies or changes to the project are necessary.


6

When should a workshop be conducted and who should attend?

A workshop is a useful way to approach a submissions report, particularly when there are large numbers of submissions or many different issues to consider. Workshops may become part of an iterative process. For example, an early workshop could be used to confirm the summary of issues, confirm the categories, scope responses and allocate respondents. A follow-up workshop could be used to finalise responses to issues.

An initial workshop should be conducted as soon as possible after summarising and categorising the issues. As a minimum, the project manager, the lead environmental adviser and the person preparing the submissions report should be present at the workshop. It may also be useful for relevant technical specialists and communications staff to attend. The workshop is used to discuss how the issues may be addressed and whether further consultation, studies or project changes are required. Responses to issues may also be drafted or confirmed in a workshop setting.

2.3 Responding to issues Similarly themed issues should be grouped and addressed together. Responses should be concise with only relevant information included. More detailed responses should be provided for complex issues and for issues that have been repeatedly raised.

The information necessary in a response will vary depending on the issue being raised. However, as a general guide, responses should include the following:

Where the issue highlights a perceived error in the environmental assessment document - If the submission raises a perceived error that is the result of a misinterpretation of the environmental assessment, the misinterpretation should be corrected and the relevant component of the environmental assessment be clarified to remove the misunderstanding.

Where clarification of some aspect of the project or environmental assessment is requested - Clarify the aspect of the project or environmental assessment. Refer to the section in the environmental assessment that deals with the aspect.

Where preference for an alternative option is indicated - If consideration was given to the option (or some form of the option) at the option selection stage, give reasons why the option was not selected. Provide details of any relevant options feasibility studies carried out. If no consideration was given to the option, provide an assessment of the option’s merits. If new options are identified by a respondent, the merits of that option should be considered and reasons why/why not the option is relevant should be identified.

Where changes to the project design are requested - Provide an assessment of the merits of the changes. State the reasons why the changes can or cannot or will not be adopted. If the changes will be adopted, make reference to the ‘Project changes’ section of the submissions report.

Where further consultation has been requested - If a strategy for future consultation is known, provide the details of this. If no further consultation is planned, consider whether the consultation being requested is appropriate and state whether it will be carried out. If it will not be carried out, provide the reasons for this.


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Where technical issues have been raised - Technical issues are likely to require the input of specialists. If the issue has been adequately covered in the environmental assessment (ie no further work can be done to address the issue and all efforts to minimise impacts have been incorporated into the statement of commitments) refer to the section in the environmental assessment where the issue has been addressed and summarise the assessment carried out. State why no further studies can be carried out or no further mitigation measures or design changes can be accommodated. If additional assessment is required, discuss the results of this or describe the assessment being carried out. If the issue can be addressed through further mitigation measures or design changes, state this and refer to ‘Project changes’ section of the submissions report.

Where answers to issues raised are not yet known - Where this is due to lack of detail at this stage of the project design, make a commitment to provide details during detailed design stage of the project and for additional consultation with relevant stakeholders if appropriate. If commitments are made should be managed and implemented through the community involvement plan for the project.

2.4 Design changes Design changes to the proposal that were not included in the displayed REF can also be included in the submissions report. Any proposed changes to the project should first be discussed with the lead environmental advisor and, where appropriate, with Environment Branch specialists and Legal Branch.

Any design changes to the proposal should be described and assessed in a chapter of the Submissions report titled ‘Project changes’.

Provide a description and environmental assessment of each of the proposed changes in the ‘project changes’ chapter. Generally for design changes, the environmental assessment should be brief. However, the level of assessment should be commensurate with the level of potential impact.

Any changes proposed to the project must not be so great so as to result in a fundamentally different project to that proposed in the displayed REF. The level and degree of changes will vary between projects so early advice should be sought in respect of any proposed changes to that described in the displayed REF. For substantial changes that would alter the essential nature of the originally described project, the REF may need to be revised and displayed again to seek further public comment.

2.5 Additional assessment and supplementary studies Where relevant the report should include details of any additional assessment or supplementary studies that have been prepared or finalised for the project subsequent to the display of the project REF. These additional assessments and supplementary studies should be detailed in a chapter of the ‘Submissions report’ titled ‘Additional assessment’.

The chapter should detail why the additional assessment or supplementary studies were carried out (eg as identified in the exhibited REF or due to the time of year to survey for cryptic flora species) and provide adequate details of the additional assessment carried out (in respect of the existing environment, impacts and management measures).


8

2.6 Summary of management and mitigation measures A summary of management and mitigation measures for the project, similar to that in Chapter 7 of the REF, must be provided. This table must reflect any changes to management and mitigation measures that have arisen in response to submissions. As the most current document, the submissions report will be the single point of reference for management and mitigation measures developing during the environmental impact assessment process.


9

3 Writing the report

Submissions reports should be prepared in accordance with the template (EIA-P05-G06-T02). The chapters within the report will vary from proposal to proposal and whether any additional studies have been carried out since the finalisation of the REF or if there are any changes to the proposal. Notes on writing the report and standard text have been included in the template document. Text that is highlighted grey provides notes on preparing the report or provides a prompt to add project specific information. Text that is not highlighted is standard text that must not be altered without prior approval from the Senior Environmental Specialist (Planning & Assessment).

When writing responses: Summarise or paraphrase information from the environmental assessment. Where necessary, provide new information or analysis. Do not repeat the issue in the response. Objectively respond to the issue. Do not include emotions or attitude in the response. Where necessary, refer to relevant parts of the environmental assessment

documentation to provide clarification on issues (eg ‘Table 4.1 of Working Paper 2 details the hydrology impacts on Deep Creek’).

Do not make personal references (ie “our”, “their”, names etc).


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4 Endorsement and publication of the report

The process for having a submissions report endorsed and approved to be made publically available by publication on the Roads and Maritime website is outlined in Step 8 of the REF procedure. The draft submissions report will be reviewed by the lead environmental adviser and other members of the environment review team.

For the submissions report to be accepted as a deliverable it will need to meet the standards for deliverables described in the REF review guidance note (EIA-P05-G03).

A summary of the roles and responsibility of various team members is summarised below.

Staff member Responsibility Project Manager Overall management of the report including review prior to

finalisation and recommendation of final report. Prepare and organise signatures for Submissions report approval memo (EIA-G06-T04). Follow Infrastructure Communications process for seeking approval to publish. Prepare respondent notification letters using REF submissions respondent notification letter template (EIA-G06-T05).

Client or Sponsor Review prior to finalisation. Lead environmental adviser Assist in ongoing review and preparation of the report and

review prior to finalisation. Environment Branch specialists and Urban Design team

Assist in ongoing review and preparation of the report and review prior to finalisation as required.

General Manager, Environment

Review prior to finalisation and endorse the submissions report as suitable to be made publically available by publication on the website.

Relevant manager (eg General Manager or Regional Manager)

Endorse once finalised and approve the submissions report as suitable to be made publically available by publication to the website.

It may also be necessary for the report to be reviewed by Legal Branch if there are controversial or legal issues raised in the submissions.

Submissions reports are to be placed on the Roads and Maritime Services project website after being approved through the Communication and Stakeholder Engagement approval to publish process. Authors of submissions should be notified in writing that the report has been made publicly available. Letters should be prepared in accordance with the ‘Respondent Notification Letter template’ (EIA-P05-G06-T04) and in consultation with communications staff.

Related procedures, guidance notes and templates

This guidance note should be used in conjunction with:

EIA-P05-2 – Project review of environmental factors (REF) procedure – roads

This guidance note should be used in conjunction with procedure EIA-P05-2 11 Printed copies of this document are uncontrolled EIA-P05-G06 Issue 3.2

5

EIA-P05-G06-T01 – REF submissions report brief EIA-P05-G06-T02 – REF submissions report template. EIA-P05-G06-T03 – Submissions spreadsheet template. EIA-P05-G06-T05 – Respondent notification letter template.


12

About this document

Reference number

EIA-P05-G06

Title Preparing a REF submissions report guidance note

Parent procedure EIA-P05-P02 Project REF procedure – roads




Approved by


Objective location



3.2 August 2014


1-0 5/3/10 First issue

2-0 15/2/11 Second issue

3-0 09/09/11 Minor amendments to ensure consistency with REF procedure implementation version.


3.2 21/08/14 Remove grading system and replace with adequate deliverables. Updated titles, roles and responsibilities and processes following internal restructure. Document made web accessible (WCAG). Update logo and report template. Update document location (G drive to Objective).

Your comments and suggestions to improve this or any of the EIA guidelines may be sent to: Senior Environmental Specialist (Planning & Assessment) Environmental Policy, Planning and Assessment Environment Branch, Roads and Maritime Services Level 17, 101 Miller Street North Sydney, NSW 2060 Ph: 8588 5726


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INSERT PROJECT TITLE REF submissions report brief INSERT MONTH YEAR

Contents

1 Introduction............................................................................................................................................................. 1 1.1 Purpose ..................................................................................................................................................................................1

1.2 Background .........................................................................................................................................................................1

1.3 Information available ...................................................................................................................................................1

2 Scope and methodology............................................................................................................................. 2 2.1 General ...................................................................................................................................................................................2

2.2 Methodology .......................................................................................................................................................................2

3 Reporting standard.......................................................................................................................................... 3

4 Project supervision, schedule, outputs and fees............................................................... 3 4.1 Project supervision .......................................................................................................................................................3

4.2 Project schedule .............................................................................................................................................................4

4.3 Project outputs..................................................................................................................................................................5

4.4 Project fees and payment.......................................................................................................................................5

5 Response to brief .............................................................................................................................................. 6

6 Contract information ...................................................................................................................................... 6

7 Work health and safety ................................................................................................................................ 7

8 Permits......................................................................................................................................................................... 7

9 Privacy ......................................................................................................................................................................... 7

Roads and Maritime Services Insert Project Title REF Submissions report brief i

1 Introduction

1.1 Purpose Roads and Maritime Services requires a suitably qualified professional services contractor with extensive experience in environmental impact assessment to prepare a submissions report for the Review of Environmental Factors (REF) prepared for the <insert project name>. The purpose of the submissions report is to identify and respond to issues raised during public display of the REF and to assess and justify any resultant changes to the proposal including changes to safeguards and management measures.

The submissions report will be made publicly available. The submissions report (including any changes to the proposal) and the REF will be considered to determine if the proposal is likely to have a significant impact on the environment and/or if there is any requirement for referral of the proposal under the Environmental Protection and Biodiversity Conservation Act, 1999.

1.2 Background Provide a brief description of the proposal (including need for the proposal) as described in the REF.

Provide an outline of the display period and display locations of the REF and the number of submissions received.

1.3 Information available The following information is available to assist in your response:

Submissions report guidance note and templates (Appendix A); Detail any additional specific information that could be provided to the tenderer

to assist in the response to this brief. This could include a summary or database of submissions received, detailing government agencies and proportion of form letters.

The successful tenderer will have access to the following additional information to assist with the preparation of the submissions report:

Submissions received.

<insert title of REF>.

<insert titles of any additional supporting documents, maps etc. or further investigations already commenced>.

Roads and Maritime Services Insert Project Title REF Submissions report brief 1

2 Scope and methodology

2.1 General The submissions report is to be prepared in accordance with the submissions report guidance note and templates attached in Appendix A.

The submissions report will list the respondents, identify issues raised in submissions and categorise them, summarise the issues and respond to the issues. It may be necessary for further studies to be undertaken to address an issue, e.g. further specialist investigations, design investigations or further consultation. The need for any such work will be discussed with the Roads and Maritime Services project contact.

Any changes to the proposal resulting from further investigations or submissions will be documented, assessed and justified in the submissions report. Should changes to the proposal require revision or addition of safeguards and management measures in the REF, these changes will be outlined in the submissions report.

2.2 Methodology Following receipt of submissions, each submission shall be assigned a submission number. Categorisation of issues will involve: Careful review of each submission to identify issues raised. Collation of issues from submissions into the spreadsheet template (EIA-P05-

G06-T03). Sort issues by category and amalgamate re-occurring issues. A quality control process to ensure all issues have been identified and

categorised correctly. A reviewing procedure should be established to ensure that any interpretive issues are resolved early. The consultant must detail how this quality control will be organised and managed in their proposal.

Following summary of issues, preparation of responses will involve: Consideration of whether issues are adequately addressed in the REF. Recommendation of further investigations or consultation where necessary and

discussion with the Roads and Maritime Services contact person. Management of any further investigations. Summary of any further investigations. Consultation with Roads and Maritime Services to assess whether changes to

safeguards and management measures should be made as a result of further investigations.

Consultation with Roads and Maritime Services to assess whether changes to the concept design are required.

Development of responses in consultation with Roads and Maritime Services, identifying sections of the REF which address the issue or incorporating new information where applicable.

Any changes to the proposal will need to be justified in the submissions report. Environmental impact assessment for changes will also be required.


3 Reporting standard

The standard for all reports prepared by the contractor must meet the following as a minimum: Must be prepared in accordance with the following environmental impact

assessment guidelines: EIA-P05-G06 REF Submissions report guidance note. EIA-P05-G06-T02 REF Submissions report template. EIA-P05-G06-T03 REF Submissions spreadsheet template.

The draft and final copies of reports must be vetted for typographical and grammatical errors before submission to Roads and Maritime Services. The reports must follow the current Roads and Maritime Services editorial style guide with spelling consistent with the Australian Macquarie Dictionary.

All reports must be written in plain English.

All reports are to be prepared to meet the Web Content Accessibility Guidelines (WCAG) 2.0, Level AA.

For further investigations or other supporting documents, figures, tables and graphs should be used to convey information where possible rather than lengthy text descriptions. Titles, scales and legends should be included as appropriate.

For further investigations and other supporting documents, any maps included must be based on topographical information rather than cadastral information. If published maps are reproduced their source must be acknowledged and referenced. Maps and diagrams should include appropriate legends, scale and bearing.

Jargon, acronyms and technical words must be avoided if possible. Where necessary to use they are to be clearly explained at the first point of reference in the reports.

Draft copies of reports are to be clearly watermarked ‘draft’. Any appendices, annexures and attached data files must be clearly labelled

and readily referenced into the body of the reports.

The report cover and all documents in general must be produced in accordance with the current Roads and Maritime Services visual identity manual. All documents should be of a standard suitable for public availability. [The contractor must liaise with a member of the Roads and Maritime Services graphics panel for the preparation of materials for public availability].

Special note:

All reports submitted to Roads and Maritime Services must adhere to the Environmental assessment procedure for project review of environmental factors – roads (EIA-P05-2). Any report that does not adhere to this procedure, including the acceptable deliverable standards, will not be accepted as an output under 4.3 by Roads and Maritime Services. Time delays as a result of any inadequate reports submitted to Roads and Maritime Services will be the responsibility of the contractor.

4 Project supervision, schedule, outputs and fees

4.1 Project supervision Contact details for the Roads and Maritime Services representative for the project


are as follows:

The Roads and Maritime Services representative is the person who will be responsible for the management of the successful tenderer. Provide the contact details for the Roads and Maritime Services representative, including postal address, email address and phone number.

Any questions relating to the proposed activity should be directed to this person.

4.2 Project schedule Preparation of the submissions report will commence upon receipt of a letter of acceptance. The timeframes for preparation and finalisation of the submissions report are as follows:

Detail the expected date for the submission of the draft report and the final report. Include inception and progress meetings where known and relevant. The timeframe should consider review and receipt of comments from interested parties on specialist studies and the draft report. Allow adequate time for the Roads and Maritime Services review and approval process. Tabular format is the most effective way of presenting this information. The below table is a sample and should be adapted to your project requirements.

Activity/Output By when

Award tender Date/timing

Inception meeting and transfer of submissions Date/timing Submit issue breakdown (eg spreadsheet) and amalgamation of issues for Roads and Maritime Services review

Date/timing

Issues workshop (if required) Date/timing

Submit recommendations for further investigations (if required) Date/timing

Commence further investigations as required following Roads and Maritime Services approval (if required)

Date/timing

Submit drafts of further investigations for Roads and Maritime Services review (if required)

Date/timing

Submit draft responses for Roads and Maritime Services review Date/timing Submit final draft responses for Roads and Maritime Services review

Date/timing

Submit draft submissions report for Roads and Maritime Services review

Date/timing

Meeting to discuss draft submissions report (if required) Date/timing

Submit final draft submissions report for review Date/timing

Roads and Maritime Services approval process for public availability of submissions report

Date/timing

Finalise submissions report Date/timing

The project schedule allows 2 weeks for the Roads and Maritime Services to return comments on draft reports, unless stated otherwise.

The submission of the final draft submissions report must be accompanied by evidence of how comments received on the first draft were addressed in the final draft. Preparation of the submissions report will not proceed until Roads and Maritime


Services has approved the responses to comments and any doubts or differences of opinion have been resolved.

Roads and Maritime Services approval process for publication of the submissions report includes the following: approval of the contractor’s draft report cover; generation of Roads and Maritime Services and ISBN publication numbers; and potentially further revisions to the document.

4.3 Project outputs The outputs required to for this project include the following:

a) One electronic copy (MS Excel or other program compatible with Roads and Maritime Services software) of submissions and issues breakdown.

b) One electronic copy (MS Word version) of any draft reports for further investigations including all appendices and figures for Roads and Maritime Services review and comment.

c) One electronic copy (MS Word version) of draft responses to submissions.

d) One electronic copy (MS Word version) of the draft submissions report. The draft submissions report must be deemed to be adequate as described in the REF review guidance note (EIA-P05-G04) to be accepted by Roads and Maritime Services.

e) Two bound hard copies, one unbound hard copy and two electronic copies (one pdf and one MS Word version) of the final submissions report including all appendices. Where Roads and Maritime Services comments provided in steps a) and b) have not been accepted the consultant must discuss with Roads and Maritime Services prior to finalising the report. The final report must be deemed to be adequate as described in the REF review guidance note (EIA-P05-G04) to be accepted by Roads and Maritime Services.

f) Insert any other outputs as required.

Production of any hard copy report required by the professional services contract should involve a low environmental impact. Reports should be produced using the following:

Report paper: ENVI Uncoated 50/50 paper 80gsm (from Dalton Paper). If a printer can't source, or it is uncompetitive on price, the next preference is: Tudor RP High White Smooth 100gsm (from Spicers Paper).

Report covers: 280-300gsm, no lamination (ENVI Recycled 50/50 300gsm or ENVI Recycled Super Smooth 280gsm is recommended).

Gloss-coated paper and lamination are not to be used. Printing and photocopying double sided. Employing binding methods that facilitate recycling. Consideration of using plant-based inks.

4.4 Project fees and payment You are required to prepare a fixed price cost estimate for the works. A budget is to be included for each work element showing total hours, hourly rates, disbursements and price for you and any sub-consultants.


5

6

Payment will be made by the method described below. No additional work outside the agreed cost estimate is to be undertaken without prior approval of the Roads and Maritime Services representative as identified in Section 4.1 above.

Detail the payment type that will be used. E.g. lump sum, monthly, a percentage upon completion of a draft and the remainder at finalisation of the report, etc.

Response to brief

Your concise response to this brief should be submitted to the Roads and Maritime Services representative identified above in Section 4.1 no later than close of business insert date.

The response to this brief must detail:

a) Report contents – addressing the requirements described in Sections 2 and 3.

b) Technical skills – that details your company’s technical skills and the nominated project team including CVs and the proposed time that they spend on the project. The project team must identify the primary submissions report writer. The nominated project team must also include a senior staff member who will be responsible for certifying the quality of all deliverables. Any sub-consultants should also be identified in this section and their contribution outlined. Outline supervisory arrangements in place for effective management of all sub-consultants.

c) Recent experience – that details your recent relevant experience and lists relevant projects undertaken by the nominated project team.

d) Estimated costs – that addresses the requirements in Section 4.4.

e) Robustness of estimated costs – that the estimated costs are adequate and realistic to achieve the purpose of the brief.

f) Time performance – that includes a detailed program of works and due dates.

g) Quality assurance process – internal quality assurance processes.

h) Additional information – that includes any other additional information that may be relevant in the selection of the successful tenderer.

Where there is any doubt as to the intention of the services to be provided as detailed in the brief, the scope of the work proposed should be restated in the words of the tenderer. Any restatement must address the issues and requirements outlined in these documents.

Contract information

The following information will be required to be provided for the contract. If you intend to submit a tender for this project, please ensure that you have the following:

a) NSW Workers Compensation Insurance in accordance with the Workers Compensation Act 1987 (or personal accident insurance).

b) Public Liability Insurance with the following:

i) Limit of Liability - not less than $10 M;

ii) Inclusion of the Roads and Maritime Services as an additional named insured (if possible);

iii) Include Cross Liability and Waiver of Subrogation clauses (if possible).


c) Professional Indemnity Insurance with a limit of liability not less than $1M.

d) Motor Vehicle Insurance including the following:

i) If motor vehicles will be used in the study, contractor must have comprehensive or third party property damage motor vehicle insurance

It is a requirement of the Roads and Maritime Services that the representative and Quality Manager must always have right of access to the contractor’s premises where activities on the project are taking place.

If you require any further information, please contact the Roads and Maritime Services representative.

7 Work health and safety

The contractor must incorporate work health and safety in all aspects of the project. Safety of field workers in the vicinity of roads, heavy vehicle and general traffic is paramount. All personnel involved in the field work must read and sign a Safe Work Method Statement (SWMS) prepared by the contractor prior to the commencement of any field work. A signed copy of the SWMS is to be provided to the Roads and Maritime Services prior to accessing the site. The wearing of a high visibility safety vest is mandatory during the field surveys.

Prior notification to landowners will be required before undertaking any field inspections and surveys within privately owned land. The Roads and Maritime Services representative should be contacted at least five (5) working days before field inspections and surveys are to commence so the necessary arrangements are made.

8 Permits

You shall ensure that all necessary permits have been obtained for undertaking the investigations and that all work is carried out in accordance with these permits. Copies of the relevant permits should be supplied with your response to this brief or, where this is not feasible, provided to the Roads and Maritime Services representative prior to commencement of field surveys. A person not covered by these permits may not participate in surveys under this contract in a manner that contravenes the conditions of any permit.

Any access to private property should be arranged via the Roads and Maritime Services representative.

9 Privacy

Personal information received by the Roads and Maritime Services as part of the submissions process is to be managed in accordance with relevant privacy legislation and Corporate Policy – PN055 Protection of personal information. Certain submissions, such as those in relation to Aboriginal cultural heritage, may be subject to further privacy considerations, and in such circumstances, advice should in the first instance be sought from the Roads and Maritime Services representative and environment staff.


Appendix A –Submissions report guidance note and template

A copy of EIA-P05-G06 REF Submissions report guidance note, EIA-P05-G06-T02 REF Submissions report template and EIA-P05-G06-T03 Submissions spreadsheet template should be included as Appendix A. Current versions are available for download from the Environment Assessment intranet site.

Roads and Maritime Services Insert Project Title Submissions report brief Appendix A

Appendix B –

Roads and Maritime Services Insert Project Title Submissions report brief Appendix B

Appendix C –

Roads and Maritime Services Insert Project Title Submissions report brief Appendix C

About this document

Reference number

EIA-P05-G06-T01

Title REF submissions report brief






Objective location



2.2 August 2014



2.0 09/09/11 Minor amendments to ensure consistency with REF procedure implementation version.


2.2 21/08/14 Replace grading system with decision about adequacy as a deliverable. Update logo and template. Update to work health and safety. Update location of document (G drive to Objective). Updated for web accessibility (WCAG).



This page to be deleted from the submissions report brief. This template should be used in conjunction with procedure EIA-P05-2 Printed copies of this document are uncontrolled EIA-P05-G06-T01 Issue 2.2

‐ Sub no. Item no Author name Issue verbatim Issue summary Issue category Sub issue Suggested response Respondent

Roads and Maritime Services This template should be used in conjunction with procedure EIA-P05-2

Printed copies of this document are uncontrolled EIA-P05-G06-T03 Issue 1.1


Template REF submissions report EIA-P05-G06-T02

(blank page)

PROJECT NAME Submissions report MONTH YEAR

This document cover is to be replaced with an approved document cover. Refer to the current Roads and Maritime Services Visual Identity Manual.

(blank page)


Project title Submissions report Date

Prepared by Provide Roads and Maritime Services Publication Number Provide details and any disclaimers

Provide a document controls and reviewing register Note: any disclaimers to be discussed with Roads and Maritime Services project manager.

1 Executive summary

Summarise the information presented in the main body of the report. Detail the number of submissions received, the issues raised, whether additional studies have been carried out since the environmental assessment and any changes that are proposed to the project, mitigation or management measures or the like.

The length of the summary should be relevant to the main body of the report and generally no more than 2 pages.

Project title Submissions Report

i

Contents

1 Executive summary .......................................................................................................................................................... i

1 Introduction and background................................................................................................................................1

1.1 Purpose ........................................................................................................................................................................1

1.2 The proposal............................................................................................................................................................1

1.3 REF display ..............................................................................................................................................................1

2 Response to issues .........................................................................................................................................................2

2.1 Overview of issues raised ............................................................................................................................2

2.2 Issue 1, eg biodiversity ...................................................................................................................................3

2.3 Issue 2, eg noise and vibration ...............................................................................................................3

3 Additional assessment ..................................................................................................................................................5

3.1 Additional study name .....................................................................................................................................5

4 Changes to the proposal .............................................................................................................................................6

4.1 Change 1 eg Relocation of intersection with the North-South Link with Illawarra Road further south.....................................................................................................................................6

4.2 Change 2 etc ...........................................................................................................................................................6

5 Environmental management....................................................................................................................................7

5.1 Environmental management plans (or system) ........................................................................7

5.2 Summary of safeguards and management measures .......................................................7

5.3 Licensing and approvals ............................................................................................................................10

6 References ...........................................................................................................................................................................11

Appendices

List all appendices


ii

1 Introduction and background

1.1 Purpose This submissions report relates to the review of environmental factors (REF) prepared for the <insert project title>, and should be read in conjunction with that document.

The REF was placed on public display and submissions relating to the proposal and the REF were received by Roads and Maritime Services. This submissions report summarises the issues raised and provides responses to each issue (Chapter 2), details investigations carried out since finalisation of the review of environmental factors (Chapter 3), describes and assesses the environmental impact of changes to the proposal (Chapter 4), and identifies new or revised environmental management measures (Chapter 5).

1.2 The proposal Briefly describe what the proposal is as presented in the displayed REF.

1.3 REF display Roads and Maritime Services prepared a review of environmental factors to assess the environmental impacts of the proposed works. The review of environmental factors was publically displayed between <insert start date> and <insert end date> at <insert number of physical locations> locations, as detailed in Table 1.1. The review of environmental factors was placed on the Roads and Maritime Services internet website and made available for download. The display locations and website link were advertised in <state the publications that the display was advertised in. Use a bulleted list if necessary>.

In addition to the above public display, an invitation to comment and copy of the review of environmental factors was sent directly to several identified stakeholders (Appendix A).

Table 1.1: Display locations

Location Address


1

2 Response to issues

Roads and Maritime Services received <insert number> submissions, accepted up until the <insert date of last submission accepted>. Table 1.2 lists the respondents and each respondent’s allocated submission number. The table also indicates where the issues from each submission have been addressed in Chapter 3 of this report.

Table 1.2: Respondents

Respondent Submission No.

Section number where issues are addressed

State whether an individual submission or an agency/organisation submission. If an individual do not provide the individual’s name or address. If an agency or organisation, name the agency or organisation).

XX X.X, etc.

If there are a large number of submissions received it may be appropriate to include the table list of respondents in an appendix rather than in the report itself. Consult with regional environment staff if a large number of submissions are received.

2.1 Overview of issues raised A total of [insert number of submissions received] submissions were received in response to the display of the environmental assessment comprising [insert number of government agency submissions] government agencies and [insert number of community submissions] from the community.

Each submission has been examined individually to understand the issues being raised. The issues raised in each submission have been extracted and collated, and corresponding responses to the issues have been provided. Where similar issues have been raised in different submissions, only one response has been provided. The issues raised and Roads and Maritime Services response to these issues forms the basis of this chapter.

State the number or percentage of submissions which objected to the proposal, supported the proposal, or which did not offer a position at all on the proposal.

Briefly describe the main issues raised by each government body.

Briefly summarise the main issues raised by the public.

Include brief comment on the number of form letters received.


2

2.2 Issue 1, eg biodiversity Identify and address the issues raised in submissions under appropriate issue categories. Where possible, issue categories should correspond with sections from the review of environmental factors. In some cases, it may be necessary to have sub-categories for issues. As a guide, if you find that you are providing the same response to different issues, it is a sign that the issues should be amalgamated. Refer to section 2.3 of the guidance note for further advice.

2.2.1 Sub-issue (only use if required to further breakdown issues), eg flora

Submission number(s)

List the submission number(s) applicable.

Issue description

Note: Summarise each issue that falls within the issue category or sub-category in 1-3 sentences and present all of the issues in a bullet list. The issue summary should not present the respondent’s issues verbatim. Describe the issue objectively, without any emotive or colloquial language. Be careful not to lose the intent of the issues raised. Refer to section 2.2 and 2.3 of the guidance note for further advice.

In summary, the respondent(s) raised the following issues: 1)

Response

Note: Provide a response to the issues. When writing responses, consideration should be given to the following: Summarise or paraphrase information from the environmental assessment. Where necessary, provide new information or analysis. Do not repeat the issue in the response. Objectively respond to the issue. Do not include emotions or attitude in the response. Where necessary, refer to relevant parts of the REF documentation to provide

clarification on issues (eg ‘Table 4.1 of Working Paper 2 details the hydrology impacts on Deep Creek’).

Do not make personal references (ie “our”, “their”, names etc).

Number the responses in accordance with the issues summary above.

2.3 Issue 2, eg noise and vibration

2.3.1 Sub-issue (only use if required to further break down issues), eg construction noise

Submission number(s)

List the submission number(s) applicable.

Issue description

In summary, the respondent(s) raised the following issues:


3

1)

Response

1)


4

3 Additional assessment

Note: This chapter may not always be required. It is used to describe any additional assessment or supplementary investigations undertaken since the display of the REF. If this chapter is included, the following should be described: The scope of the study, eg a noise impact assessment of a specific

component of the proposal such as mobile plant equipment. The reason the additional investigation has been undertaken, eg at the

request of the Office of Environment and Heritage. Any outcome or further action that has resulted from the investigation eg

additional management or mitigation measures or amendments to the details of the proposal.

If additional investigations result in changes to the proposal or any management or mitigation measures being modified or added, specifically refer to these.

3.1 Additional study name

3.1.1 Summary

3.1.2 Additional management and mitigation measures


5

4 Changes to the proposal

Note: this chapter provides details of any changes to the proposal. It may not be needed for all reports.

4.1 Change 1 eg Relocation of intersection with the North-South Link with Illawarra Road further south

4.1.1 Description

Describe the proposed change with reference to what was originally proposed in the review of environmental factors. Where relevant, include or make reference to any amended designs or concept plan figures. Outline the reason for the proposed change and refer to any supporting documents.

4.1.2 Environmental assessment

Carry out an environmental assessment for the proposed change and the relevant environmental impacts. It should reference the relevant sections of the REF or specialist reports where impacts have previously been covered. The environmental assessment section should generally be brief and indicate that changes are substantially consistent with the original description of the proposal and would result in no adverse impacts. When assessing design changes it is acceptable to detail assessment by exception – eg indicating that a design change such as a revised signage strategy will not impact on Aboriginal heritage, biodiversity etc and not including any assessment of these but appropriately covering off on socio-economic issues. Refer to additional studies or other supporting documents where relevant.

4.1.3 Revised management and mitigation measures

Describe any alterations or additions to management and mitigation measures that have arisen from the alteration to the proposal.

4.2 Change 2 etc

4.2.1 Description

4.2.2 Environmental assessment

4.2.3 Revised management and mitigation measures


6


The REF for the proposal title identified the framework for environmental management, including management and mitigation measures that would be adopted to avoid or reduce environmental impacts (section XX of the review of environmental factors).

After consideration of the issues raised in the public submissions and changes to the proposal, the management and mitigation measures have been revised. Insert brief summary of changes to mitigation measures and reference sections where changes are identified and discussed.

Should the proposal proceed, environmental management will be guided by the framework and measures outlined below.

5.1 Environmental management plans (or system) A number of safeguards and management measures have been identified in order to minimise adverse environmental impacts, including social impacts, which could potentially arise as a result of the proposal. Should the proposal proceed, these management measures would be incorporated into the detailed design and applied during the construction and operation of the proposal.

A Project Environmental Management Plan (PEMP) and a Contractors Environmental Management Plan (CEMP) will be prepared to describe safeguards and management measures identified. These plans will provide a framework for establishing how these measures will be implemented and who would be responsible for their implementation.

The plans will be prepared prior to construction of the proposal and must be reviewed and certified by environment staff, [Insert region], prior to the commencement of any on-site works. The CEMP will be a working document, subject to ongoing change and updated as necessary to respond to specific requirements. The CEMP and PEMP would be developed in accordance with the specifications set out in the [adjust as necessary: QA Specification G36 – Environmental Protection (Management System), QA Specification G38 – Soil and Water Management (Soil and Water Plan) and the QA Specification G40 – Clearing and Grubbing].

Refer to section 7.1 of Preparing a project REF guidance note (EIA-P05-G02) for further assistance if required.

5.2 Summary of safeguards and management measures Environmental safeguards outlined in this document would be incorporated into the detailed design phase of the proposal and during construction and operation of the proposal, should it proceed. These safeguards would minimise any potential adverse impacts arising from the proposed works on the surrounding environment. The safeguards and management measures are summarised in Table X.

Add or modify management measures as required. Refer to section 7.2 of Preparing a project REF guidance note (EIA-P05-G02) and section 2.6 of Preparing a REF submissions report (EIA-P05-G06) for further information.


7

Table X: Summary of site specific environmental safeguards.


1 General All environmental safeguards must be incorporated within the following:

o Project Environmental Management Plan

o Detailed design

o Contract specifications for the proposal

o Contractor’s Environmental Management Plan


2 General A risk assessment has been/ must be carried out on the proposal in accordance with Project Pack and PMS risk assessment procedures to determine an audit and inspection program for the works. The recommendations of the risk assessment are to be implemented.

A review of the risk assessment must be undertaken after the initial audit or inspection to evaluate is the level of risk chosen for the project is appropriate.

Any works resulting from the proposal and as covered by the REF may be subject to environmental audit(s) and/or inspection(s) at any time during their duration.

Project manager and regional environmental staff

Pre-construction

After first audit

3 General The environmental contract specification [insert name] must be forwarded to the Roads and Maritime Services Environment Manager [insert region/program] for review at least 10 working days prior to the tender stage.

A contractual hold point must be maintained until the CEMP is reviewed by the Roads and Maritime Services Environment Manager [insert region/program].


Project title 8 Submissions Report


4 General

5 General

6 General

The Project Manager must notify the Roads and Maritime Services Environment Officer [insert region/program] at least five working days prior to work commencing.

All businesses and residences likely to be affected by the proposed works must be notified at least five working days prior to the commencement of the proposed activities.

Environmental awareness training must be provided, by the contractor, to all field personnel and subcontractors.



Contractor Pre-construction and during construction as required.

Project title 9 Submissions Report

5.3 Licensing and approvals List all relevant licenses, permits, notifications and/or approvals needed to construct/operate the proposal in a table.


Table X: Summary of licensing and approval required.

Requirement Timing Describe exactly what is required. Specify the timing for the license,

permit, notification or approval. eg Minister for Primary Industries must be notified of any dredging or reclamation works prior to the undertaking of such works.

A minimum of 28 days prior to the commencement of the works.


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6 References

Provide a reference list with documents listed in alphabetical order according to the authors’ names. The format of the reference list should be consistent with the Harvard referencing style, eg:

Office of Environment and Heritage 2011, Sustainable Mountain Biking Strategy, Sydney.

Include a reference for the Review of Environmental Factors.


11

About this release

Reference number

EIA-P05-G06-T02

Title REF submissions report template

Parent procedure EIA-P05-P02 Project REF Procedure – roads





Objective location



2.3 August 2014



1.1 15/2/11 First issue revision – changes to issues numbering

2.0 09/09/11 Minor amendments to ensure consistency with REF procedure implementation version


2.2 09/07/13 Minor updates to safeguards table

2.3 21/08/14 Update logo and report cover. Update titles following restructure. Document made web accessible (WCAG).



This page to be deleted from the submissions report. This template should be used in conjunction with procedure EIA-P05-2 Printed copies of this document are uncontrolled EIA-P05-G06-T02 Issue 2.3

To: [insert name], [insert name of delegated manager as per EIA_P05-1]

[insert name], General Manager Environment

[insert name], [insert title of relevant manager eg Principal Manager Project Development]

[insert name], [Environment Manager region/program]

CC: [insert name], [insert position title of relevant regional comms. staff]

[insert name], General Manager Communication & Stakeholder Engagement

From: [insert name], [insert position of lead environment advisor]

[insert name], [insert position of project manager]

Date: [Date]

File no: [File number] Pages: [No. of pages]

Subject: Proposed [insert name of project] at [insert location] – approval of submissions report

MEMO

Issue

Approval of the [insert name of project] submissions report as suitable to be made publically available by publication on the RMS website. Note: this memo is for sign off that the submissions report is suitable to be made publically available on the website. For approval to publish the document follow Communications’ procedure using the approval to publish memo.

Background

The review of environmental factors (REF) was prepared for the [insert brief description of the project, including identification of any program of works to which the project belongs].

The REF was placed on public display from [insert start date] to [insert end date] with comments accepted until [insert date if beyond end date]. A total of [insert number] submissions were received in response to the display of the REF comprising submissions from the community, [identify agencies and other representative bodies]. [Insert number] of these submissions were received from individuals.

Preparation of submissions report

The submissions report has been prepared and certified by [insert contractor(s)] in accordance with the Project review of environmental factors procedure - roads (EIA-P05-2).

The project manager, lead environment advisor, relevant specialists in Environment Branch, the Urban Design team and [insert details of other staff/groups that have reviewed the submissions report and/or specialist reports] have been involved in preparation and review of the submissions report.

Main issues and responses to submissions

The main issues raised in the submissions included:

[Summarise key issue]

Response: [insert summary of RMS response to issue]

[Summarise key issue]

Memo Page 1

_______________________________ _______________________________

Response: [insert summary of RMS response to issue]

Since display of the REF, the proposal has been refined to take into consideration [landowner discussions], submissions received and additional environmental assessment undertaken. These refinements include: [Insert recent amendments]

The potential environmental impacts of these refinements have been outlined in the submissions report and proposed safeguard and mitigation measures amended accordingly.

The issues raised during the public display of the REF have been adequately summarised and responded to. All potential environmental impacts have been assessed adequately with appropriate safeguards and management measures identified to avoid, minimise and mitigate impacts. The implementation of the safeguards and management measures identified in the submissions report would appropriately manage and mitigate the potential impacts.

The submissions report [and specialist reports] [is/are] attached.

Comment

The submissions report is suitable to be made publically available by publication on the RMS website.

Recommendation

It is recommended that the [insert project name] submissions report be approved for publication on the RMS website.

[name] [name] [position title of lead environment advisor] [position title of project manager]

[Note: in signing this memo the LEA and PM are satisfied that the submissions report is adequate to be made publically available]

________________________________ Agreed / disagreed [name] [Environment Manager [region/program]

________________________________ Agreed / disagreed [name] [relevant manager eg principal manager project development [region/area]]

________________________________ Endorsed / not endorsed / endorsed with changes [name] [General Manager Environment]

________________________________ Approved / not approved / approved with changes

[name]

Memo Page 2

[relevant manager eg General Manager Project Development / General Manager Project Delivery]

Please return this paperwork including the approval to publish to: [insert contact person for the REF]

Memo Page 3





[insert name and location of project]

Thank you for your submission on the [insert short name of project].

Roads and Maritime Services has prepared a report to respond to all of the issues raised in submissions received during the public display of the [insert short name of project] Review of Environmental Factors (REF).

The report is available on the project website [insert web address].

If you wish to discuss this matter, or require a hard copy of the report, please contact [insert name of RMS contact] on [insert phone number of contact].

Yours sincerely / faithfully

[Select and type sender name] [Select and type sender position]



www.rms.nsw.gov.au


Guidance Note

Project REF decision EIA-P05-G07

Contents 1 Introduction ............................................................................................................................................................................................. 1

1.1 Purpose ............................................................................................................................................................................................... 1

1.2 Background ...................................................................................................................................................................................... 1

2 Making a recommendation and decision...................................................................................................................... 1

3 Using the project REF decision memo template ................................................................................................... 3

Key points

Responsibility for deciding if an activity proposed in a project REF (and submissions report if relevant) is likely to significantly affect the environment and deciding whether the activity should or should not proceed rests with the relevant delegated manager. This decision is based on a response to the recommendation made by the regional/program Environment Manager.

The REF decision memo must be used to document the decision making process for all project REFs.

If a submissions report was not necessary, contact the SES (P&A) for advice on additional steps in the decision process.

1 Introduction

1.1 Purpose

The purpose of this guidance note is to outline the Roads and Maritime Services decision making process for project REFs (and submissions reports if relevant) using the Project REF decision memo (EIA-P05-G07-T01).

1.2 Background

Roads and Maritime Services has a statutory responsibility under Section 111 of the Environmental Planning and Assessment Act 1979 (EP&A Act) to 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 112 of the EP&A Act requires Roads and Maritime Services to establish whether or not an environmental impact statement is required to be prepared because the activity is likely to significantly affect the environment. Under the Commonwealth Environmental Protection and Biodiversity Conservation Act 1999, Roads and Maritime Services is required to establish whether the proposal has the potential to significantly impact any matters of national environmental significance or impact on Commonwealth land.

Responsibility for deciding if an activity proposed in a project REF (and submissions report if relevant) will, or is likely to have a significant affect on the environment (and require the preparation of an environmental impact statement), is likely to have a significant impact on any matters of national environmental significance or an impact on Commonwealth land and whether or not the activity may proceed rests with the relevant delegated manager. This decision is made in response to the recommendation made by the regional/program Environment Manager.

2 Making a recommendation and decision

The recommendation on the activity proposed in the REF (and submissions report if relevant) should be made independently of project management considerations, such as project timeframes, and political considerations. The recommendation indicates that Roads and Maritime Services has and will continue to adhere to its statutory environmental responsibilities in the assessment and management of the proposal.

If a recommendation is made to proceed with a proposal, the regional/program Environment Manager is effectively certifying that Roads and Maritime Services has considered environmental impacts to the fullest extent possible and that the proposal is not likely to result in a significant environmental affect on the environment. It is


1

therefore vital that the regional/program Environment Manager provides a reasonable, appropriately considered and defendable recommendation. The person making the recommendation on the proposal should not be the same as the person responsible for preparing the REF or submissions report (if relevant).

Below are some questions to consider when formulating a recommendation and alternatives that may apply.

Is the REF deficient in any aspect? The regional/program Environment Manager may consider that the REF and/or submissions report does not provide enough information to make an informed judgement as to whether significant impacts are likely. Consultation efforts documented in the REF and/or submissions report may not satisfy statutory requirements. The proposed safeguards and management measures may not be considered adequate or sufficient in their own right. If the safeguards in the REF (or as amended in the submissions report) are not sufficient the REF and/or submissions report should be amended and the project not determined until they are adequate. Additional conditions or requirements must not be included as part of the recommendation in the REF decision memo.

In these cases, the regional/program Environment Manager should require amendments to the REF and/or submissions report and delay preparing the decision memo until the REF and/or submissions report provides satisfactory information.

Is the proposal likely to significantly affect the environment? The regional/program Environment Manager may consider, based on the information in the REF, submissions report and any other specific advice available, that a significant impact on the environment is likely to result from the proposal. The following environmental impacts are more likely to be significant (although there may be others): 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 not consistent with Roads and Maritime Services or other

government policy or for which there are no other adequate government controls. Impacts with irreversible health or safety implications. Impacts which are inconsistent with community values.

Is a referral to the Australian Government under the EPBC Act required? If the potential for impacts is such that the proposal requires a referral to the Australian Government, the assessment of the project under Part 5 of the EP&A Act should be reconsidered.

Does the proposal require a concurrence, consent or approval? A recommendation to proceed with the proposal should be conditional on receipt of documentary evidence of any concurrence, consent or approvals required to be received prior to making a determination under Part 5 of the EP&A Act and compliance with any conditions.

If the regional/program Environment Manager considers that it is not appropriate to proceed with a project, the Senior Environmental Specialist (Planning & Assessment) must be contacted to discuss this recommendation. The Senior Environmental Specialist (Planning & Assessment) will provide support and advice in these circumstances.


2

3 Using the project REF decision memo template

The Project REF decision memo (EIA-P05-G07-T01) is designed to document the decision making process for activities considered under a project REF (and submissions report if relevant).

The decision memo template is to be used by the regional/program Environment Manager to make a recommendation to the relevant delegated manager on whether or not the project as assessed should proceed.

The memo template provides template text which is to be tailored where prompted to the specifics of the proposal. When issues are encountered which may not be adequately covered by the template, additional sections may be added. In these situations the regional/program Environment Manager should first consult with the Senior Environmental Specialist (Planning & Assessment).

The decision memo template consists of a description and discussion of the proposal including a recommendation as to whether the project should proceed.

A copy of the project REF under consideration (including any necessary specialist reports and the submissions report if relevant) and the completed Project REF review checklist - reviewer (EIA-P05-G04-T02) must be attached to the decision memo. These items must be completed and attached for the decision memo to be valid.

If an audit and inspection schedule risk assessment is undertaken concurrently with the preparation of the decision memo, the results should be attached to the memo.


3

About this document

Reference number

EIA-P05-G07

Title Guidance note: Project REF decision

Parent procedure EIA-P05-2 Project REF Procedure – roads




Approved by

Principal Manager Environmental Policy, Planning and Assessment

Objective location



2.2 August 2014




2.1 05/12/11 Reference to submissions report added. Change to Roads and Maritime Services.

2.2 21/08/14 Update report cover including logo. Update to titles from restructure. Made web accessible (WCAG).




4

To: Delegated manager

CC: [Multiple recipients]

From: [Environment Manager [region/program]]

Date: [Date]

Ref: [Recipient reference] Pages: [Insert pages]

File no: [File number]

Subject: [Project Name], [Project Location]

REF DECISION MEMO

Project

[insert project name]

Location

[insert project location]

Discussion

Part 5 of the Environmental Planning and Assessment Act 1979 applies to the proposal. The REF has been reviewed and considered against the requirements of sections 111 and 112 of the Environmental Planning and Assessment Act 1979.

In considering the proposal 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, submissions report and associated information. This assessment is considered to be in accordance with the factors required to be considered under clause 228 of the Environmental Planning and Assessment Regulation 2000.

The proposal described in the REF [and submissions report] will have some environmental impacts which can be ameliorated satisfactorily. Having regard to the safeguard and management measures proposed, this assessment has considered that these impacts are unlikely to be significant and therefore an environmental impact statement does not need to be prepared and approval for the proposal does not need to be sought under Part 5.1 of the Environmental Planning and Assessment Act 1979. or The proposal described in the REF [and submissions report] is likely to have significant environmental impacts in respect of [insert details] which may not be able to be ameliorated satisfactorily. Having regard to these impacts and the safeguard and management measures proposed, it is considered that these impacts are likely to be significant and therefore an environmental impact statement must be prepared and approval must be sought under Part 5.1 of the Environmental Planning and Assessment Act 1979 from the Minister for Planning.

The 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 as defined by the Threatened Species Conservation Act 1995 and the Fisheries Management Act 1994.


The proposal described in the REF [and submissions report] will not affect declared critical habitat. The activity described in the REF [and submissions report] will not significantly affect threatened species, populations or ecological communities or their habitats. Therefore the concurrence of the Secretary of the Department of Planning and Environment and a species impact statement is not required. or

The proposal described in the REF [and submissions report] [will/will not] affect declared critical habitat. The activity described in the REF [and submissions report] [will/will not] significantly affect threatened species, populations or ecological communities or their habitats. Therefore the concurrence of the Secretary of the Department of Planning and Environment and a species impact statement [is/is not] required.

In addition to the above, the assessment considered the effect of the proposal on: Conservation agreements under the National Parks and Wildlife Act 1974. Plans of management under the National Parks and Wildlife Act 1974. Joint management agreements under the Threatened Species Conservation

Act 1995. Biobanking agreements under the Threatened Species Conservation Act

1995. Wilderness areas under the Wilderness Act 1987.

[Identify whether any of the above are relevant to the proposal, the likely effect and any notification or consent requirements that apply to the project].

The assessment has also addressed the potential impacts on the activity on matters of national environmental significance and any impacts on Commonwealth land and concluded that there will be no significant impacts. Therefore there is no need for a referral to be made to the Australian Government Department of the Environment for a decision by the Commonwealth Minister for the Environment on whether assessment and approval is required under the Environment Protection and Biodiversity Conservation Act 1999. or The assessment has also addressed the potential impacts on the activity on matters of national environmental significance and any impacts on Commonwealth land and concluded that there will be significant impacts on [insert details]. Therefore there is a need for a referral to be made to the Australian Government Department of the Environment for a decision by the Commonwealth Minister for the Environment on whether assessment and approval is required under the Environment Protection and Biodiversity Conservation Act 1999.

The REF [and submissions report] is considered to be of adequate quality and meets all relevant requirements. The completed REF review checklist is attached. Improvements made to the REF [and submissions report] during the review process include: or The REF [and submissions report] is not considered to be of adequate quality and does not meet all relevant requirements. [insert reasons/details why the REF/submissions report is not of adequate quality]. The completed REF review checklist is attached.


________________________________

________________________________

Recommendation

It is recommended that the proposal to [insert brief description of works] at [insert location] as described in the [name of REF and version no. if appropriate] dated [date of REF] [and [name of submissions report] dated [date of submissions report]] proceed subject to the implementation of all safeguards identified in the REF [submissions report] and compliance with all other relevant statutory approvals, licences, permits and authorisations. The REF [and submissions report] has examined and taken into account to the fullest extent possible all matters likely to affect the environment by reason of the activity and established that the activity is not likely to significantly affect the environment. The REF [and submissions report] has concluded that there will be no significant impacts on matters of national environmental significance or any impacts on Commonwealth land.

This project determination will remain current for [five years] until [insert lapse date] at which time it shall lapse if works have not been physically commenced. The pre-construction checklist must be completed prior to the commencement of any works.

A risk assessment has been carried out on the proposal in accordance with the [reference relevant process/procedure] to determine an audit and inspection program for the works, the results of which are attached (refer to Attachment [insert attachment no.]). or It is recommended that the proposal to [insert brief description of works] at [insert location] as described in the [name of REF and version no. if appropriate] dated [date of REF] [and [name of submissions report] dated [date of submissions report]] not proceed for the following reasons: insert reasons why it is recommended that the proposal not proceed]

[Keep recommendation and signatures on the same page]

Recommended by:

[Insert name] [Insert position]

Optional: Supported / not supported by:

[Insert name] [Insert position of Principal Manager (eg Principal Manager Project Development [region/area] or equivalent delivery or asset principal manager)]

Determined in accordance with the above recommendation under delegated authority and in accordance with sections 111 and 112 of the Environmental Planning and Assessment Act 1979:


________________________________ Date: ________________

[Insert name of delegated manager determining the REF – details of delegations are contained in the Delegations Manual] [Insert position]

Attachments

1. [Insert name and date of REF] 2. [If relevant insert name and date of submissions report] 3. REF review checklist 4. Audit and inspection program risk assessment


About this document

Reference number

EIA-P05-G07-T01

Title REF decision memo template






Objective location



2.3 August 2014




2.1 05/12/11 Reference to submissions report added. Change to Roads and Maritime Services.

2.2 26/03/11 Update to Commonwealth Minister title.

2.3 21/08/14 Update to Commonwealth Minister title and Commonwealth and State department titles. Change to Roads and Maritime logo. Change title from Director General to Secretary. Update for web accessibility (WCAG).

Your comments and suggestions to improve this or any of the EIA templates may be sent to:



Documents

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