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Negotiated Decision Notice - MCU24 0125, OPW24 158 & RAL24 0021 (As Published) · MCU24/0125
43. Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994) must
not be released from the site or to waters within the site, or be likely to be released should
rainfall occur, unless all reasonable and practicable measures are taken to prevent or
minimise the release and concentration of contamination. These measures must be
designed, implemented and maintained in accordance with “Best Practice Erosion and
Sediment Control” published by the International Erosion Control Association (Australasian
Chapter) (IECA, 2008), to the extent that such measures and practices are also consistent
with the following:
a. Minimise erosion:
i. Restrict the extent of clearing to that necessary for access to and safe
construction of the approved works;
ii. Protect vegetation in all other areas of the site;
iii. Minimise the duration of soil exposure by undertaking land clearing and
stabilisation according to the rainfall erosion hazard as specified in IECA (2008)
Tables 4.4.2 and 4.4.7
iv. Prior to either the approval of the plan of survey for the development or
commencement of use, all site surfaces are to be effectively stabilised using
methods that will continue to achieve effective stabilisation in the medium to
long term. For the purpose of this condition, an effectively stabilised surface is
defined as one that does not or is not likely to result in visible evidence of soil
loss caused by sheet, rill or gully erosion or lead to sedimentation, or lead to
water contamination.
b. Manage concentrated stormwater flows:
i. Implement drainage and erosion control measures (including contingency
measures), prior to rainfall, which prevent or minimise rill erosion and gully
erosion.
ii. Ensure clean stormwater is diverted/managed around or through the site
without increasing the concentration of total suspended solids or other
contaminants in the flow and without causing erosion (on-site or off-site). If it is
not feasible to divert all areas discharging clean stormwater around or through
the site, the clean stormwater runoff is managed in the same manner as
contaminated stormwater runoff and ensures that sediment basins are sized to
accommodate the additional volume of runoff.
iii. Prior to each rainfall event ensure concentrated stormwater flow paths are
provided with capacity in accordance with IECA (2008) Table 4.3.1 and do not
cause water contamination, rill or gully erosion, sedimentation or damage to
structures or property.
c. Minimise sediment released from the site:
i. All site sub-catchments greater than 2,500m2 in area, are to be provided with
sediment controls which are designed, implemented and maintained to a
standard which would achieve at least 80% of the average annual runoff volume
of the contributing catchment treated (i.e. 80% hydrological effectiveness) to
50mg/L Total Suspended Solids (TSS) or less, and pH in the range 6.5–8.5.
Where this is proposed to be achieved through the use of sediment basins, the
following applies:
A. each basin is sized and operated in accordance with either a Type-A or
Type-B sediment basin as documented in IECA (2008) Appendix B (June
2018) unless otherwise justified, based on the contributing catchment area
including undisturbed catchments which cannot be diverted;
Page 20 of 34
Document Set ID: 24095782
Version: 12, Version Date: 05/09/2025
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