Late Reports Agenda of Ordinary Council

Community Vision A sustainable high quality of life for all

Community Mission Building the future together

People Place Health Education Technology

Council’s Corporate Values é Sustainability

é Excellence in Service Delivery

é Consultation and Communication

é Openness and Accountability

é Community Advocacy

Community Themes é Leadership and Governance

é Your Community Life

é Your Business and Industry

é Your Natural and Built Environment

Late Reports Ordinary Council

11/12/2019

What we are trying to achieve

A connected, sustainable, accessible community and environment that is protected now and into the future.

What the result will be

We will have:

• Effective management and maintenance of essential water, waste and sewer infrastructure

• A community that is prepared for natural events and climate change

• Sustainable and environmentally sensitive development outcomes that consider the impact on the natural environment

• Accessible transport network for our communities

• Infrastructure provision and maintenance that meets community expectations and needs

• Well planned communities that are linked to encourage and manage growth

• Accessible and protected waterways, foreshores, beaches and bushlands

• An environment that is protected and conserved for future generations

• Renewable energy options that are understood and accessible by the community

How we will get there

4.1 Provide (appropriate) infrastructure and services including water cycle management, waste management, and sewer management

4.2 Aim to minimise the impact of natural events and climate change, for example, floods, bushfires and coastal erosion

4.3 Facilitate development that is compatible with the natural and built environment

4.4 Plan for integrated transport systems that help people get around and link our communities

4.5 Plan for integrated and connected communities across the Port Macquarie-Hastings area

4.6 Restore and protect natural areas

4.7 Provide leadership in the development of renewable energy opportunities

4.8 Increase awareness of issues affecting our environment, including the preservation of flora and fauna

Late Reports Ordinary Council

11/12/2019

Item: 13.12

Subject: Sancrox Quarry State Significant Development Proposal

Presented by: Development and Environment, Melissa Watkins

Alignment with Delivery Program

4.3.1 Undertake transparent and efficient development assessment in accordance with relevant legislation.

RECOMMENDATION

That Council note the information contained within the Sancrox Quarry State Significant Development Proposal report.

Executive Summary

A State Significant Development Proposal (SSD 7293) to expand the Sancrox Quarry is on public exhibition until 11 December 2019. Being a State Significant Development, the Minister for Planning and Public Spaces or the Independent Planning Commission is the consent authority for the proposal. Council has been invited to comment on the proposal (Attachment 1).

In response to the proposal and public exhibition, Council resolved the following at its Ordinary meeting on 20 November 2019:

“That Council:

1. Notes that Hanson Construction Materials Pty Ltd have made an application to the NSW Department of Planning, Industry and Environment to significantly expand the size and extraction limits of the Sancrox Quarry.

2. Notes also the potential strong economic development benefits likely to flow to the community and local economy as a consequence of a reasonable expansion of the above quarry.

3. Notwithstanding Point 2 above, Council also notes community concerns with the processing of the application for the current plan to significantly expand the size, operating hours and extraction limits of the existing quarry with respect to:

- lack of interaction and consultation with the Project Consultative Committee;

- lack of transparent consultation with the broader community;

- the adequacy and integrity of the EIS forming part of the application and, as a consequence, requests the General Manager to lodge a submission of concerns with the Department of Planning, Industry and Environment as to the proposal.

4. Request the General Manager to write to both the local State Members and the NSW Minister of Planning informing them of the above submission and advising of community concerns with multiple aspects of the proposed project and requesting their support in persuading the Department of Planning to put the project on hold pending further detailed analysis and public scrutiny.

5. Request the General Manager to provide a further report to the December 2019 Ordinary Meeting of Council providing the following:

(a) A copy of the submission made in accordance with Point 2 above for information.

(b) Advice regarding the legislated role of Council in the assessment and determination of “State Significant Development” and details of what role Council will be required to play ensuring compliance with the State imposed conditions of consent including whether Council’s costs are reimbursed by the State and, if so, via what mechanism.”

This report has been prepared to address point 5 in the above resolution.

Discussion

This report has been prepared to address point 5 in the 20 November 2019 Council resolution relating to the state significant development proposal to expand the Sancrox Quarry.

In relation to point 5(a) of the resolution, at the time of writing, Council assessment staff had not yet completed a technical assessment of the proposal. Upon completion of this assessment any technical matters that are considered to require further attention by the consent authority will be included in the submission. This submission will be lodged by close of business on 11 December 2019. A copy of the final submission will be provided to Councillors for their information.

In relation to point 5(b) of the resolution, the following information is provided for Council:

1. Council does not have a legislated role in the assessment and determination of ‘State Significant Development’. State Environmental Planning Policy (State and regional Development) 2011 (the SEPP) outlines development types and thresholds that trigger state significant development classification. In the case of the Sancrox Quarry proposal, because the proposed maximum extraction rate of 750, 000 tonnes per annum exceeds the SEPP threshold of 500,000 tonnes per annum in Schedule 1, Clause 7 of the SEPP, the proposal is classed as a ‘State Significant Development’. The Minister for Planning and Public Spaces or the Independent Planning Commission is therefore the consent authority for, depending on the nature and number of submissions received during the exhibition period.

2. Under the Protection of Environment Operations Act 1997, the existing Sancrox Quarry operates under an Environmental Protection Licence (EPL). This EPL is administered and regulated by the Environment Protection Authority (EPA). To date, Council has not played any significant role in enforcing conditions of consent for the existing quarry operation. The EPA has taken the lead regulatory/compliance role as the licencing authority.

The existing licence would require variation and approval by the EPA if the proposed quarry expansion project is approved. The EPA is likely to continue as the lead agency in enforcing conditions of consent and the EPL Council therefore has a limited role in ensuring compliance with State imposed conditions of consent. This is similar to other EPA licenced premises. In the event that the EPA sought Council assistance in enforcing compliance with conditions of consent there would be the potential for Council to recoup some costs if the compliance work resulted in the issuing of monetary fines.

Options

Council could opt to note the report and draft submission or make further representations on the Sancrox Quarry development proposal.

Community Engagement & Internal Consultation

Nil.

Planning & Policy Implications

There are no planning and policy implications in relation to this report.

Financial & Economic Implications

There are no financial and economic implications in relation to this report.

Attachments

1 View. Sancrox Quarry Project - Invitation to Comment