Page 4026 - Week 10 - Tuesday, 20 September 2011
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waste oil recycling facility with associated offices and storage areas at block 15 section 22 Mitchell.
The application reflected the company’s move from old premises in Mitchell to a state-of-the-art factory with superior environmental safeguards. The site is located in the IZ1, general industry zone, under the territory plan.
At the time of lodging the DA the 2002 territory plan identified the site as precinct “a”, general industry precinct, of part B3, industrial land use policies. The development is defined under the territory plan as a “hazardous waste facility”. Hazardous waste facility means the use of land for the collection, storage, treatment or disposal of hazardous waste. Hazardous waste facility is a permitted use in the IZ1, general industry zone.
The application was lodged prior to the Planning and Development Act having effect. As such the application was assessed in accordance with all the relevant requirements of the Land (Planning and Environment) Act. The characteristics of the proposal were such that it fell under the list of prescribed classes of defined decisions in appendix II of the territory plan that required a mandatory preliminary assessment; that is, “any proposal involving the disposal, storage, transfer of hazardous chemicals/substances”.
The final preliminary assessment was submitted to the planning authority in June 2008. The PA and the DA were publicly notified in the Canberra Times on Saturday, 28 June 2008 and by notifiable register on the legislation register in accordance with part 4 of the land act. No written representations were received. Consultation with relevant agencies, including the EPA, was undertaken.
In accordance with the requirements of section 121(2) of the land act, consideration by ACTPLA was given to the PA to determine whether further environmental impact assessment was required. The PA was found to have adequately identified the range of possible impacts of the proposal on the physical, natural and human environments. As a result of this, it was decided that no further assessment was required.
The DA was approved subject to conditions on 26 September 2008. Condition 3(e) required the DA applicant to lodge a statement clarifying that the equipment proposed to be used in the new development was identical to that tested in the preliminary assessment.
A statement dated 12 October 2008 was submitted by ESI to verify that the existing equipment and storage tanks, being MRP5000 oil regeneration plant and PCB de-chlorination plants, were relocated to the new site. In other words the already approved and tested equipment used to process the waste oil in the original factory was relocated to the new premises.
As they are obliged to, ESI currently hold an environmental authorisation under section 41A of the Environment Protection Act. The conditions contained in the authorisation were developed in consultation with the then commissioner for the environment and other environment protection authorities to minimise the risks associated with treating hazardous waste and to provide for sound environmental outcomes. A clear environmental advantage of the treatment process is that it removes
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