2019-09-30 Special Meeting Agenda - Item 1 - Attachment 4 - Court Judgement

                      47.     Certification must be submitted to Council from a qualified person* prior to
                              commencement of the use which certifies that the development has been constructed
                              in accordance with the bushfire management conditions of this Decision Notice.
                              *(Refer to Advisory Note)
                              Environmental Management Plan
                      48.     An Environmental Management Plan (EMP) for the Site shall be prepared and
                              implemented by persons holding appropriate environmental qualifications and proven
                              expertise in the preparation and implementation of EMPs, to ensure that the impact on
                              the environment of the construction and operation of the Development is minimised, the
                              Environmental Values of the Site are protected and enhanced and the Development is
                              ecologically sustainable.
                      49.     The EMP shall be cognisant of the following:-
                              (a)      The EMP shall demonstrate a high level of environmental care and responsibility
                                       and be consistent with best practice for developments of this type in similar
                                       environments.
                              (b)      The EMP shall detail the Developer’s environmental policy and the proposed
                                       environmental management system for the Site.
                              (c)      The EMP shall specify:
                                       (i)     the performance targets, including those derived from the Conditions and
                                               other requirements arising from legislation and other approvals;
                                       (ii)    how the performance targets are to be achieved;
                                       (iii)   who is responsible;
                                       (iv)    when the performance targets will be satisfied;
                                       (v)     how performance will be monitored;
                                       (vi)    corrective actions and contingency measures;
                                       (vii) reporting arrangements;
                                       (viii) auditing arrangements;
                                       (ix)    how the requirements are to be incorporated into construction and works
                                               contracts;
                                       (x)     how the Developer’s employees, contractors and the contractor’s employees
                                               will be informed and trained with respect to the environmental protection
                                               requirements; and
                                       (xi)    enforcement and penalties for non-compliance.
                              (d)      In particular, but without limitation, the EMP shall address the following issues in
                                       relation to the construction phase:
                                       (i)     legislative compliance;
                                       (ii)    soil erosion and sediment control;
                                       (iii)   vegetation protection;
                                       (iv)    fauna and fauna habitat protection;
                                       (v)     weed and pest control;
                                       (vi)    water quality protection;
                                       (vii) ground water protection;




Document Set ID: 20933247
Version: 1, Version Date: 16/07/2019