Construction Site Education and Enforcement Presentation for Government Regulatory Officers

1. Construction Site
Education and
Enforcement
By Darren Riding A.K.A WATCHDOG.

2. Culture in the Construction Industry:
Changing behaviour through enforcement
and education?

3. The Construction Site
What are you going to do ? What do you need ? What is required ? What actions can be taken ? What information is required ?

4. What is required before attending ???

5. What is required before attending if all
possible
• Information about the
Construction Site
• Do they have a Development Consent?
• Is it an Exempt Development?
• Was a Complying Development
Certificate (CDC) issued?
• Has a Construction Certificate been
issued?
• Who is the Principal Certifying
Authority (Council or Private
Certifier)?
• Has there been any approved changes
to the Development Consent (Section
96)?
• Any History on or about the site?
• What complaints have been brought
about this site?

6. What does that
mean?
Consent – Certificates – Section 96

7. ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 76A
• Development that needs consent
• 76A Development that needs consent
• (1) General If an environmental planning instrument provides that specified
development may not be carried out except with development consent, a
person must not carry the development out on land to which the provision
applies unless:
• (a) such a consent has been obtained and is in force, and
• (b) the development is carried out in accordance with the consent and the
instrument.
• (2) For the purposes of subsection (1), development consent may be obtained:
• (a) by the making of a determination by a consent authority to grant
development consent, or
• (b) in the case of complying development, by the issue of a complying
development certificate.

8. Complying Development Certificates
The NSW Government has introduced a number of State-wide Planning Policies that facilitate certain types of development
without requiring consent from a Council.
This was an incentive to make the development approval process consistent throughout the state less confusing, cheaper and
faster to obtain development approval.
Depending on what is proposed, a CDC may be issued for the following types of development:
• Internal alterations to a dwelling including residential units
• New dwellings
• Granny Flats (attached or detached)
• Internal alteration to a building that is used as a commercial premises, for light industry or warehouse purposes
• Changes of use for commercial premises to other prescribed uses i.e.: office to shop, shop to office.
The NSW Environmental Planning and Assessment Act 1979 allows for an environmental planning instrument to identify
development that can be addressed by specified predetermined development standards as complying development.
Complying development has been in place in NSW since 1998. This planning and construction approval path was developed to
ensure low risk and low impact development types do not have to be assessed via the merit path of a development application.
For these low impact and low risk developments, the complying development path has obvious time and cost savings for
homeowners, industry as well as local government.

9. State Environmental Planning Policy (Exempt and
Complying Development Codes) 2008
• 1.17A Requirements for complying development for all
environmental planning instruments
• (1) To be complying development for the purposes of
any environmental planning instrument, the
development must not:
• (a) be development for which development consent
cannot be granted except with the concurrence of a
person other than:
• (i) the consent authority, or
• (ii) the Director-General of the Department of
Environment, Climate Change and Water as referred to
in section 79B (3) of the Act, or
• (b) be on land that is critical habitat, or
• (c) be on land that is, or is part of, a wilderness area
(within the meaning of the Wilderness Act 1987), or
• (d) be carried out on land that:
• (i) comprises an item that is listed on the State
Heritage Register under the Heritage Act 1977 or on
which such an item is located, or
• (ii) is subject to an interim heritage order under that
Act or on which is located an item that is so subject, or
• (iii) is identified as an item of environmental heritage
or a heritage item by an environmental planning
instrument or on which is located an item that is so
identified, or
• (e) except as otherwise provided by this Policy, be on
land that is within an environmentally sensitive area.

10. • 1.18 General requirements for complying
development for this Policy
• (1) To be complying development for the
purposes of this Policy, the development must:
• (a) not be exempt development under this
Policy, and
• (b) be permissible, with consent, under an
environmental planning instrument applying
to the land on which the development is
carried out, and
• (c) meet the relevant provisions of the
Building Code of Australia, and
• (c1) must not require an environment
protection licence within the meaning of the
Protection of the Environment Operations Act
1997, and
• (c2) must not be designated development, and
• Note. Designated development is defined in
section 77A of the Act as development that is
declared to be designated development by an
environmental planning instrument or the
regulations.
• (c3) not be carried out on land that comprises,
or on which there is, a draft heritage item, and
• (d) before the complying development
certificate is issued, have an approval, if
required by the Local Government Act 1993,
for:
• (i) an on-site effluent disposal system if the
development is undertaken on unsewered land,
and
• (ii) an on-site stormwater drainage system,
and

11. • (e) before the complying development certificate
is issued, have written consent from the relevant
roads authority (if required under section 138 of
the Roads Act 1993) for the building of any kerb,
crossover or driveway, and
• Note. Other consents may be required under
section 138 of the Roads Act 1993 before carrying
out other works in relation to roads.
• (f) if it is the alteration or erection of
improvements on land in a mine subsidence
district within the meaning of the Mine
Subsidence Compensation Act 1961, have the
prior approval of the Mine Subsidence Board, and
• Note. Information about mine subsidence is
information that is a prescribed matter for the
purpose of a planning certificate under section
149 (2) of the Act, but the information is not
included in a certificate issued under clause 279
(2) of Environmental Planning and Assessment
Regulation 2000.
• (g) not be the construction or installation of a
skylight or roof window on land to which Orana
Regional Environmental Plan No 1—Siding
Spring applies, and
• (h) if it involves the removal or pruning of a tree
or other vegetation that requires a permit or
development consent to which clause 3.6A, 3A.7
or 5A.3 does not apply—before the complying
development certificate is issued, have a permit
or development consent for that removal or
pruning.
• Note. A permit for the removal or pruning of a
tree or other vegetation may be granted under a
local environmental plan. A development consent
for the removal of native vegetation may be
granted under the Native Vegetation Act 2003.
Paragraph (h) may not apply to certain trees or
vegetation near complying development under
this Policy (see clauses 3.6A, 3A.7 and 5A.3).
• (2) The erection of a new dwelling house or an
addition to a dwelling house on land in the 20-25
ANEF contours is complying development for this
Policy, if the development is constructed in
accordance with AS 2021—2000, Acoustics—
Aircraft noise intrusion—Building siting and
construction.
• (3) A complying development certificate for
complying development under this Policy is
subject to the conditions specified in this Policy in
respect of that development.

12. State Environmental Planning Policy (Exempt and
Complying Development Codes) 2008
• 1.15 What development is exempt
development?
• (1) Development that is specified in an
exempt development code that meets
the standards specified for that
development and that complies with
the requirements of this Division for
exempt development is exempt
development for the purposes of this
Policy.
• (2) For the purposes of subclause (1),
development that is specified includes
any specified limitations as to the land
on which that development may be
carried out.
• Note. Under section 76 of the Act,
exempt development may be carried
out without the need for development
consent under Part 4 of the Act or for
assessment under Part 5 of the Act.
• The section states that exempt
development:
• (a) must be of minimal environmental
impact, and
• (b) cannot be carried out in critical
habitat of an endangered species,
population or ecological community
(identified under the Threatened
Species Conservation Act 1995 or the
Fisheries Management Act 1994), and
• (c) cannot be carried out in a
wilderness area (identified under the
Wilderness Act 1987).

13. • 1.16 General requirements for exempt development
• (1) To be exempt development for the purposes of this
Policy, the development:
• (a) must meet the relevant deemed-to-satisfy
provisions of the Building Code of Australia, or if
there are no such relevant provisions, must be
structurally adequate, and
• (b) must not, if it relates to an existing building,
cause the building to contravene the Building Code of
Australia, and
• (c) must not be carried out on land that is, or on
which there is, an item that is listed on the State
Heritage Register under the Heritage Act 1977, or
that is subject to an interim heritage order under that
Act.
• (d) (Repealed)
• (1A) Despite subclause (1) (c), if development meets
the requirements and standards specified by this
Policy and that development:
• (a) has been granted an exemption under section 57
(2) of the Heritage Act 1977, or
• (b) is subject to an exemption under section 57 (1A) or
(3) of that Act,
• the development is exempt development under this
Policy.
• (1B) If an item listed on the State Heritage Register
is not located on, or does not comprise, the whole of
the relevant land, subclause (1) (c) applies only to the
part of the land that is described and mapped on that
register.
• (1C) If an item not listed on the State Heritage
Register but identified as an item of environmental
heritage in an environmental planning instrument
does not comprise, or is not located on, the whole of
the relevant land, any restriction on carrying out
development on the relevant land on which the item is
located applies only to the part of the land that is
described and mapped on that instrument.

14. • (2) Development that relates to an
existing building that is classified under
the Building Code of Australia as class 1b
or class 2–9 is exempt development for
the purposes of this Policy only if:
• (a) the building has a current fire safety
certificate or fire safety statement, or
• (b) no fire safety measures are currently
implemented, required or proposed for
the building.
• (3) To be exempt development for the
purposes of this Policy, the development
must:
• (a) be installed in accordance with the
manufacturer’s specifications, if
applicable, and
• (b) not involve the removal or pruning of
a tree or other vegetation that requires a
permit or development consent for
removal or pruning, unless that removal
or pruning is undertaken in accordance
with a permit or development consent.

15. Construction Certificate
• After a development application is
approved, a Construction Certificate is
needed before building actually begins. A
Construction Certificate is an approval
that:
• Makes sure that the detailed construction
plans and specifications comply with the
Building Code of Australia (BCA) now
known as National Construction Code
(NCC) and any other relevant Australian
standard.
• Certifies that the detailed construction
plans and specifications are consistent with
the Development Consent.
• Certifies that the relevant development
consent conditions have been complied
with.
• Certifies that all necessary contributions
and fees have been paid.
• A Construction Certificate can be issued by
Council or a private Accredited Certifier.
• If issued by a private Accredited Certifier, a
copy of the certificate, associated plans and
specifications must be forwarded to Council
within two days after the date of
determination.

16. Section 96
Modification of a Development Consent
• After a development consent has
been issued, the original applicant or
anyone entitled to act on the
applicants behalf can apply to the
Approving Authority for approval to
modify that development consent.
• An application to modify a
development consent is made under
Section 96 of the Environmental
Planning and Assessment Act 1979
(the Act). Section 96 refers to the
part of the Act that allows a
development consent to be modified,
as long as the development is
substantially the same.
• If Approving Authority does not
agree that the proposed
modifications would result in
substantially the same development
as was originally approved, a new
development application will need to
be submitted for assessment.

17. Information obtained – you’re on you way
Have you got every thing ???????

18. What is required to take when
attending the site
• Documentation – Consents etc…..
• Notebook and Pen
• Camera
• Digital Recorder (Optional)
• Authority Cards - ID
• Delegations
• General Induction Card (White Card)
• Pamphlets – Information –
Educational Material

19. Inspection
Actions that can be taken

20. With or with DA
Consent
Actions that can be taken

21. Excavationofthesite isto extendonlytothatarearequiredforbuildingworksdepictedupontheapprovedplans. Allexcessexcavatedmaterialshallbe removedfromthesite. Inthisregard,allexcavatedwaste materialsshallbe
disposedofat an approvedWaste Depot.
Norockbreakingorothermachineryfortheexcavation,drilling,cuttingorremovalofrockshallbe usedonthesite priorto theacceptancebythe principalcertifyingauthorityofthe followingdocumentation:
(i) Areportby a geotechnicalengineerdetailingthemeasuresrecommendedinundertakingtheworksso as to preventdamageto anyadjoiningornearbybuildings.
(ii) Thetypeand sizeofmachineryproposed.
(iii) Theroutesofalltrucksto conveymaterialtoand fromthesite.
Excavates the whole site
Installation of piers and retaining
walls not on approved plans

22. • ORDER UNDER 121B OF THE ENVIRONMENTAL PLANNING AND
ASSESSMENT ACT 1979
• Take notice that Council hereby orders xxxxxxxx, their agents, employees or
representatives to do what is specified below in respect of premises situated at Lot x
DP xxx, No. xxxxxxxxxxxxxxxxx being an Order in terms of Order NO 19 in the table
to Section 121B of the Environmental Planning and Assessment Act 1979.
• Order
• The terms of the Order are that xxxxxxxxx, their agents, employees or representatives
must:
• (i) Cease carrying out all works on the site including and not limited to
demolitions / excavations / removal of waste materials / building works / drainage
works until such times as written approval is supplied by council to recommence
works.
• The Order must be complied with by: Immediately
• NOTE: this Order does not exclude you from carrying out all works necessary to
prevent the tracking of any materials from the site or for any materials from the site
entering the storm water system thus causing a “pollution” incident.
• Reasons for the Order
• The reasons for giving this Order are:
• An inspection of the premises on 19 May 2015 indicated that that the works carried
out far exceed the works as permitted under development consent recorded in
Councils records as DA xx/xxxx in that the approval granted under DA xx/xxxx was
for Demolition of existing dwelling and construction of a two storey dwelling with
basement, front fence, in ground swimming pool and outbuilding.
• The inspection further revealed that excessive excavations of the site have taken place
and associated works from the excavations including framework for retaining walls
and piers were under way.
• There is insufficient evidence available to ascertain if the works conducted in the
excavation and associated framework for retaining walls and piers may have
compromised the structural integrity of the rear of premises at xxxxxxx
• There is insufficient evidence available to ascertain if the works conducted in the
excavation and associated framework for retaining walls and piers may have
compromised the structural integrity of the neighbouring property of xxxxxx
• There is insufficient evidence available to ascertain if the works conducted in the
excavation and associated framework for retaining walls and piers may have
compromised the structural integrity of the neighbouring property of xxxxxx
• The works carried out are not Exempt Development under the State Environmental
Planning Policy (Exempt and Complying Development Codes) 2008
• The works carried out are not Complying Development under the State
Environmental Planning Policy (Exempt and Complying Development Codes) 2008
• This Order is given in circumstances that Council believes constitutes an Emergency.
• You or any other person affected by this Order may appeal to the Land and
Environment Court against this Order or a specified part of this Order within 28 days
after the service of this Order upon you.
• It is an Offence under Section 125 of the Environmental Planning and Assessment
Act, 1979 not to comply with this Order. The maximum penalty for such an offence is
$1,100,000.00 and a further daily penalty not exceeding $11,000.
• Also, if this Order is not complied with the Council may do all such things as are
necessary or convenient to give effect to the terms of the Order and recover the costs
of so doing from the person required to comply with the Order.
• For further information or to make an appointment, please contact xxxxxx of Council’s
xxxxxxx on xxxxx or email xxxxxxxxx

23. AnAsbestosSurveypreparedby asuitably qualified Occupational Hygienist shall be submittedprior to thecommencementof demolition works which is toincorporate appropriate removalanddisposal methodsin accordancewith Council’s AsbestosManagement Policy
and the requirements ofWorkCoverNSW, NSW Environmental Planning and AssessmentAmendment(Asbestos) Regulation 2009 and NSWDepartment of Environment, Climate Change andWater.
All asbestosremovalshall be undertakenin accordancewith the occupational hygienists reportsubmitted with thedevelopment application and in compliance with the requirements ofWorkCover’s‘How toSafely RemoveAsbestos’CodeofPracticeandCouncil’s Asbestos
Policy.
Ademolition or asbestosremovalcontractorlicensed under theWorkHealth and SafetyRegulations 2011 mustundertake removal ofmorethan10m2 ofbondedasbestos(or otherwise specified by WorkCoverorrelevant legislation).
Removaloffriable asbestosmaterial mustonly beundertaken bya contractorthatholds acurrent AS1Friable AsbestosRemoval Licence.
Demolition done by non-licenced
operators
Asbestos found scattered across the
development site

24. Clean Up Notice
• REQUIREMENTS OF CLEAN UP/PREVENTION NOTICE:
• As an Authorised Officer of-------------, I direct you to take the following clean-up / prevention
actions:
• Install and Maintain Soil and Sedimentation Erosion Control Devices (in accordance to the Blue
Book Forth Edition Published by LANDCOM) around the entire development site which has not
been undertaken.
• Install a suitable Stabilised Site Access (in accordance to the Blue Book Forth Edition Published
by LANDCOM).
• Ensure the site is fully enclosed with a 1.8m high security fence around the entire development
site which has not been undertaken including approved dust control netting.
• Additionally to the above, with the removal of all demolition material from-----------------------,
• Engage the services of a Suitable Qualified Company or persons to undertake and submit full
reports of the material within the premise.
• These reports are to include but not limited to:
• Hygienist Report (HR) (AS 1199.2-2003, ISO 2859-2:1985) prior and after removal this to include
the entire ground surface and possible underlining surfaces.
• Asbestos Removal Control Plan
• Asbestos Classification and Risk Assessment
• Asbestos Air Monitoring and Clearance Inspection
• Buried Asbestos Materials (Unexpected Finds Protocols)
• Environment Impact Study (EIS)Environment Management Plan (EMP)
• Waste Management Plan (WMP) including locations and method of disposal.
• Waste Data File (WDF) including all receipts and vehicle movement from the premise.
• These reports have to be submitted to ------------Council in which approval of these reports have to
be obtained from -------------Council prior to any material being removed from the premise. Once
approved copies are to be left at the premise during the removal of all material.
• All work on or around------------------, are to be undertaken during approved working hours approved
by --------------------------Council.
• Any work requiring Approved Development Applications are to be sought and approved prior to
any of the work to be undertaken.
• Care shall be taken in the method of excavation of the waste material from the premises thereof to
ensure the topography of the land remain in the profile and the general condition in which they
were before the waste material was placed on the premises and to prevention the flow of dust and
small particles into neighbour properties and the public road reserve
• Remove all waste/sedimentation/ and or liquid substances from the road, gutter, drains, storm
water network and creeks/streams surrounding the properties at-----------------------------------------------
.
• Ensure the road, gutter, drains, storm water network and creeks/streams within and surrounding
the properties ----------------------are clean and free of waste/sedimentation/ fuel and or liquid
substances.
• The removal of the all the above mentioned from ------------------------are to be completed by-------------.
• If you have not complied with the requirements of this Notice by the required date, you still have a
continuing obligation to comply with this Notice after that date (subject to revocation or variation
of this Notice by-------------------------------------)

25. ORDERS
• TERMS OF ORDER 12
• Section 121B Environmental Planning & Assessment Act 1979
• Order 12 (b): To do such things as are specified in the order to restore premises to the condition
in which they were before building was unlawfully erected or before work was unlawfully carried
out. Work has been unlawfully carried out.
• Terms of Order
• Submit a report from a suitably qualified person detailing the extent of filling on the site. This
report is to detail the previous and current ground levels.
• Timeframe
• Thirty (30) days from the date of the Order
• Submit a report from a suitably qualified person or company attesting to the type of material
contained within the unauthorised landfill throughout the whole of the premises including the
identification of any contaminants found.
The report must meet the AS 1199.2-2003 and ISO2859-2:1985 Standards.
The report must also stipulate how the site is to be remediated including the entire ground
surface and possible underlining surfaces as well as Unexpected Finds Protocols.
• Timeframe
• Thirty (30) days from the date of the Order
• REASON FOR ORDER
• The unauthorised fill material has the ability to impact on the property, surrounding properties
and the environment by the way of altered drainage patterns (flooding), possible land
contamination and water pollution from unestablished soil.
•
• The report is required in compliance pursuant to Work, Health and safety Standards and
Environmental Standards to ensure safety and possible environment concerns not just for
yourself but your family, contractors and the surrounding neighbours.
• From the report it will establish the manner in which the unauthorised land fill is to be removed
and where the appropriate location or facility of that material can be properly disposed of.
•
•

26. Thehoursofoperationshallbe limitedto thefollowing:-
Mondayto Friday <<inserttimea >> am to<<inserttimeb>> pm
Saturday <<inserttimec>>am to <<inserttimed>> pm
Sunday <<inserttimee>>amto<<inserttimef>>pm
Constructionmayonlybe carriedoutbetween7.00 am and 5.00 pm onMondayto Saturdayand noconstructionis tobe carriedoutat anytimeonaSundayora publicholiday.

27. • RE: Construction Site at xxxxxxxxxxxxxxxxxxxxxxxxxxxx
• Council is in receipt of a complaint alleging that the Construction Site is operating before
7:00am and after 7:00pm every day of the week.
• An inspection of the property on xxxxxxxx revealed the complaint is justified.
• As discussed the operation of your Construction Site is subject to conditions imposed by
• State Environmental Planning Policy (Exempt and Complying Development Codes) 2008,
Part 2, Division 1, Subdivision 10A, Clause 2.20B. Council’s recent inspection has revealed
the following condition is not being complied with:-
• (j) If there is no such existing condition applying to the premises relating to the hours of
operation, the premises must only operate between 7.00 am and 7.00 pm on any day.
• Your prompt attention to these requirements is appreciated.
• Should Council continue to receive complaints regarding this matter further investigation
may be required.

28. Allbuildingmaterialsorwaste containersmustbe storedwithintheconfinesofthesite.
Thestorageofsuchbuildingmaterials,waste containersorequipmentassociatedwiththeprojectuponthepublicroadway,includingthepedestrianfootwayorunpavedverge,isprohibited.

29. ORDERS/CLEAN-UP NOTICE
ORDER
• DIRECTIVE TO REMOVE OBSTRUCTION / ENCROACHMENT
FROM ROADWAY, S.107 ROADS ACT 1993
• Premises: Lot xxx DP xxx H/N xxxxxxx
• An inspection of the roadway in front of the premises at xxxxxxxxx,
has revealed that a quantity of aggregate have been deposited on
the road reserve.
• This disposition of aggregate represents an obstruction and
potential danger to other road users. In accordance with Section
107 of the Roads Act 1993 (“the Act”), you are directed to remove
from the road reserve all materials so deposited by xxxxx on xxxxxx.
• I am empowered to give this direction in that I am an authorised
officer appointed pursuant to Section 251 of the Act.
• Council has a number of options open to it in the advent of your
failure to comply with this Order. These include but are not limited
to prosecuting you in the Local Court and/or taking such action as is
necessary to remedy the obstruction and recover the costs of doing
so from you. Fines of $3,300 are prescribed for non compliance with
this Direction.
CLEAN-UP NOTICE
• Issue of Clean-Up Notice pursuant to Section 91 of the Protection of
the Environment Operations Act 1997
• Premise: Lot xx DP xxxxxx, xxxxxxxxxxx
• Please read this letter and the attached Clean-Up Notice carefully.
• On xxxxxx a Notice of Intention to Give a Clean-Up Notice was sent
to you by post giving seven (7) days from the date of issue to make
representations to Council by yourself, your Barrister, Solicitor or
Agent as to why the Clean-Up Notice should not be given or as to
the terms of or period for compliance with the Clean-Up Notice.
• Council acknowledges no representation has been received from you
by the prescribed time in respect of the proposed Clean-Up Notice
therefore it has been determined to issue the Clean-Up Notice in
accordance with the proposed Clean-Up Notice.
• Attached is the Clean-Up Notice for your immediate attention.
• Council may issue an administration fee in respect of this Clean-Up
Notice pursuant to Clause 61 of the Protection of the Environment
Operations Regulations 2009.

30. Piorto commencementofanysite works,erosionand sedimentcontrolsareto be installedinaccordancewithEnvironmentalSiteManagementPolicyand anyapprovedSoil& WaterManagementPlanand shallincorporate:
• Measuresto preventsedimentand otherdebrisescapingfromtheclearedordisturbedareasintodrainagesystemsorwaterways;
• Controlstopreventtrackingofsand, soil,aggregates,etc,byvehiclesontoadjoiningroadways.

31. • Site Inspection
• LOCATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
• INSPECTION OFFICER . . . . . . . . . . . . . . . . . . . . . . . . . . .DATE. . . . . . . . . . . . . . . . .
• SIGNATURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
• Legend: √ OK × Not OK N/A Not applicable
• Item Consideration Assessment
• 1 Public roadways clear of sediment.
• 2 Entry/exit pads clear of excessive sediment deposition.
• 3 Entry/exit pads have adequate void spacing to trap sediment.
• 4 The construction site is clear of litter and unconfined rubbish.
• 5 Adequate stockpiles of emergency ESC materials exist on site.
• 6 Site dust is being adequately controlled.
• 7 Appropriate drainage and sediment controls have been installed prior to new
areas being cleared or disturbed..
• 8 Up-slope “clean” water is being appropriately diverted around/through the site.
• 9 Drainage lines are free of soil scour and sediment deposition.
• 10 No areas of exposed soil are in need of erosion control.
• 11 Earth batters are free of “rill” erosion.
• 12 Erosion control mulch is not being displaced by wind or water.
• 13 Long-term soil stockpiles are protected from wind, rain and stormwater flow with
appropriate drainage and erosion controls.
• 14 Sediment fences are free from damage.
• 15 Sediment-laden stormwater is not simply flowing “around” the
sediment fences or other sediment traps.
• 16 Sediment controls placed up-slope/around stormwater inlets are
appropriate for the type of inlet structure.
• 17 All sediment traps are free of excessive sediment deposition.
• 18 The settled sediment layer within a sediment basin is clearly visible
through the supernatant prior to discharge such water.
• 19 All reasonable and practicable measures are being taken to control
sediment runoff from the site.
• 20 All soil surfaces are being appropriately prepared (i.e. pH, nutrients,
roughness and density) prior to revegetation.
• 21 Stabilised surfaces have a minimum 70% soil coverage.
• 22 The site is adequately prepared for imminent storms.
• 23 All ESC measures are in proper working order.

32. NOTICES
CLEAN-UP NOTICE
• Issue of Clean-Up Notice pursuant to Section 91 of the Protection of
the Environment Operations Act 1997
• Premise: Lot xx DP xxxxxx, xxxxxxxxxxx
• Please read this letter and the attached Clean-Up Notice carefully.
• On xxxxxx a Notice of Intention to Give a Clean-Up Notice was sent
to you by post giving seven (7) days from the date of issue to make
representations to Council by yourself, your Barrister, Solicitor or
Agent as to why the Clean-Up Notice should not be given or as to
the terms of or period for compliance with the Clean-Up Notice.
• Council acknowledges no representation has been received from you
by the prescribed time in respect of the proposed Clean-Up Notice
therefore it has been determined to issue the Clean-Up Notice in
accordance with the proposed Clean-Up Notice.
• Attached is the Clean-Up Notice for your immediate attention.
• Council may issue an administration fee in respect of this Clean-Up
Notice pursuant to Clause 61 of the Protection of the Environment
Operations Regulations 2009.
PREVENTION NOTICE
• Issue of Prevention Notice pursuant to Section 96 of the Protection
of the Environment Operations Act 1997
• Premise: Lot xx DP xxxxxx, xxxxxxxxxxx
• Please read this letter and the attached Prevention Notice carefully.
• On xxxxxx a Notice of Intention to Give a Clean-Up Notice was sent
to you by post giving seven (7) days from the date of issue to make
representations to Council by yourself, your Barrister, Solicitor or
Agent as to why the Prevention Notice should not be given or as to
the terms of or period for compliance with the Clean-Up Notice.
• Council acknowledges no representation has been received from you
by the prescribed time in respect of the proposed Prevention Notice
therefore it has been determined to issue the Prevention Notice in
accordance with the proposed Prevention Notice.
• Attached is the Prevention Notice for your immediate attention.
• Council may issue an administration fee in respect of this
Prevention Notice pursuant to Clause 61 of the Protection of the
Environment Operations Regulations 2009.

33. Asignmustbe erectedina prominentpositiononanysite onwhichbuildingwork,subdivisionworkordemolitionworkisbeingcarriedout:
(a) showingthename,addressand telephonenumberoftheprincipalcertifyingauthorityforthe work,and
(b) showingthenameoftheprincipalcontractor(ifany)foranybuildingworkand a telephonenumberonwhichthat personmay be contactedoutsideworkinghours,and
(c) statingthatunauthorisedentrytotheworksite isprohibited.
Thesignisto be maintainedwhilethe buildingwork,subdivisionworkordemolitionworkis beingcarriedout,butmustbe removedwhentheworkhas beencompleted
Example of standard signage Example of site without signage

34. ORDER to Comply With
Development Consent
• Section 121B Environmental Planning & Assessment Act
1979
• ORDER 15
• Premises: Lot x DP xxxxxxx, xxxxxxxxxxxx
• Council has recently conducted an audit of the development
consent conditions DA xx/xxxx relevant to the above
premises. Council’s audit has revealed breaches of consent
conditions of DA xx/xxxx.
• Therefore in accordance with the provisions of Section 121(b)
of the Environmental Planning and Assessment Act, 1979, as
amended, Council orders you to do such things as specified
below at the abovementioned premises:
• TERMS OF ORDER 15
• Section 121B Environmental Planning & Assessment Act
1979
• Order 15: To comply with development consent. The
development consent is not being complied with
• Terms of Order - 1.To comply with all conditions of consent
to DA xx/xxxx
• Timeframe - Thirty (30) days from the date of the Order
• REASON FOR ORDER
• A. On date xxxx Council officers conducted an
inspection of the premises Lot x DP
xxxxxx, xxxxxxxxx. This inspection
revealed that numerous conditions are not
being complied with to development consent
DA xx/xxxx.
• B. Council’s inspection on date xxxx,
established breaches to
follow conditions of Development Consent:
• • Condition 4:-
• • Condition 8:-
• FAILURE TO COMPLY WITH THE ORDER
• It is an offence pursuant to s 125 of the Environmental
Planning & Assessment Act, 1979 (the Act) to fail to comply
with this Order.
• Should the Order not be complied with, the Council may:
• 1) commence civil enforcement proceedings in
the Land and Environment Court of NSW
pursuant to s 123 of the Act seeking
mandatory orders to compel compliance
with the Order and any other order
necessary and costs; and/ or
• 2) commence summary criminal proceedings in
a Court of competent jurisdiction pursuant
to s 127 of the Act seeking a conviction and
pecuniary penalty; and/ or
• 3) issue a penalty notice pursuant to s 127A of
the Act which carries a maximum penalty of
$1,500 per penalty notice.
• Note: That in relation to (2) above the Act carries a
maximum pecuniary penalty of $1,100,000 and a further
daily maximum pecuniary penalty of $110,000.
• Council May Carry Out Work (s 121ZJ of the Act)
• In addition to the (1), (2) and (3) above the Council may
choose to exercise its powers pursuant to s 121ZJ of the Act
to do all such things that are necessary to give effect to the
Order and recover all associated costs incurred in giving
effect to the Order as a debt in a court of competent
jurisdiction.
• Right of Appeal Against the Order (ss 121N and 121ZK of the
Act)
• Pursuant to s 121ZK of the Act an individual or corporation
affected by the Order may appeal to the Land and
Environment Court of NSW against the Order within 28 days
after the service of the Order.

35. Information Available
Ready Information/Pamphlets/Standards

38. Questions…………