Current status of the LEWG recommendations

1. Lake Macquarie City Council, funded by the NSW Government, establishes a role for ongoing community involvement to monitor ongoing issues and to identify future issues regarding legacy lead contamination in Lake Macquarie through a risk communication framework.

2. Lake Macquarie City Council provides a point of contact and means of disseminating educational materials among the community, agencies and external stakeholders, and updated materials are distributed as they become available.

Through the NSW Government funding, Lake Macquarie City Council (LMCC) was able to establish a full-time council officer role to manage lead contamination issues and to oversee grants for investigations and high priority remediation, when required. The role of the officer included developing and implementing a communication strategy for the program such as updating the LMCC website; preparing fact sheets; and directly engaging with the community. Other duties of this officer include liaising with the EPA and other relevant government agencies champions lead contamination action at Council.

Continuation of this role beyond June 2022 has been incorporated in the new funding agreement between the NSW Government and Council.

3. Hunter New England Health notifies Lake Macquarie City Council of the results of any investigation in response to notifications that indicate the need for a coordinated community response and provides regular updates on public health aspects of lead control and blood lead findings in the area.

Hunter New England Health (HNEH) established a process of providing results of health investigations to LMCC, as required.

Council also receives health updates via the HNEH noticeboards and through direct communication with staff, as required.

HNEH continues to update Council on key lead contamination matters as needed.

4. The EPA reviews all available data associated with the development of the LAS lead contamination survey grid to determine whether the grid boundary corresponds to the geographic zone of soil lead dust contamination as a result of the former Pasminco smelter operations. The EPA provides advice to Lake Macquarie City Council on whether the lead contamination survey grid accurately reflects the extent of potential contamination of properties around the smelter.

The EPA in collaboration with the LEWG determined that ground truthing and rapid assessment by XRF analysis was appropriate to test the Pasminco Lead Contamination Survey Grid boundaries. Professor Mark Taylor and associates from Macquarie University collected data and published a report on the spatial extent of smelter related fall-out. The report concluded that despite a small number of samples from outside the grid exceeding the National Health Investigation Levels (mainly due to the presence of waste slag material), the grid is a useful indicator of elevated soil lead concentrations. The Lead Abatement Strategy area adequately delineates the boundary of lead contamination from the former smelter emissions.

Council has been provided with a copy of the report.

5. NSW Health continues ongoing enhanced surveillance for lead notifications in children in the Boolaroo, Speers Point and Argenton suburbs, conducted by the Public Health Unit, noting the reduced level of blood lead resulting in notification. This enhanced surveillance involves annual reminder letters to local General Medical Practitioners (GPs) to identify children at higher risk of lead exposure to offer blood lead testing. Any notifications are followed up by the Public Health Unit using the protocol endorsed by the Chief Health Officer’s expert group on lead: Lead in blood control guideline.

HNEH regularly writes to local GPs to remind them to screen high risk children for elevated blood lead levels.

HNEH has processes in place for following-up reports of elevated blood lead readings.

6. The Department of Planning, Industry and Environment, in consultation with the EPA and Lake Macquarie City Council, works with utilities and public authorities to apply measures comparable with LMCC’s Environmental Management Plan for Contaminated Land in Council’s Care and Control. Comparable measures include:
1. sourcing contamination status information from LMCC’s contaminated land database
2. notifying LMCC of any contamination issues so they may be recorded in LMCC’s database
3. appropriately managing contamination using measures comparable to LMCC policies and plans;
4. providing information, for example via Dial Before You Dig enquiries.

The EPA has notified key utilities and public authorities (Hunter Water, Ausgrid, Transport NSW, Jemena, NBN Co., Telstra) of Council’s approach to managing its own infrastructure works, including how to access information on lead contamination in the area and how to implement procedures to minimise lead exposure risks when undertaking maintenance works.

Further discussions between the EPA and LMCC are ongoing to establish a process for providing regular updates to key utilities and public authorities.

7. Lake Macquarie City Council continues to maintain a central database of contaminated land in Lake Macquarie City, including records of initial contamination status, abatement and remediation, current contamination status and land use, and changes in land use.

8. The EPA, Lake Macquarie City Council and licensed operations continue to monitor water quality in surface water and groundwater around North Lake Macquarie. The EPA analyses this information and identifies any material pollution from stormwater or groundwater, or other discharge issues.

The EPA commissioned a lead bioaccumulation biota sampling in Lake Macquarie in 2017- 2018. No fish or crustacean species analysed in the study had lead incorporation beyond the maximum level prescribed in the Australia New Zealand Food Standards Code 2018.

Further monitoring and assessment of aquatic life in Lake Macquarie may be required (i.e., in response to pollution events or significant disturbance of lead contaminated sediments).

There are two current remediation orders issued for Cockle Creek and Cockle Bay Sediments:

• Remediation Order No. 23009A – issued to Lake Macquarie City Council
• Remediation Order No. 23009B – issued in the right of the NSW – Department of Lands

9. The EPA reviews a requirement for ongoing water quality monitoring upon conclusion of remediation activities at the Pasminco smelter site.

10. The EPA investigates the impacts of Pasminco smelter slag on water quality in the Lake Macquarie region, especially where slag is either permanently inundated by, or in intermittent contact with, surface water or groundwater. The EPA then provides recommendations to the NSW Office of Water in relation to the suitability of groundwater extraction in affected areas.

The NSW Government investigated the leachability of contaminants from Pasminco smelter slag, and its ability to impact receiving waters and environments (surface water, groundwater and sediments).

Contamination, including lead, was observed to be leaching from the slag, however it was generally not observed in the groundwater.

11. The EPA continues to develop an environmental liabilities management framework to provide a predictable, transparent and consistent approach for the management of risks associated with environmental liabilities. In support of the development of this framework, the EPA reviews existing legislation to streamline its operation by identifying gaps, inconsistencies and areas that could benefit from new approaches, such as appropriate regulatory instruments for managing the financial risks associated with on- and off-site contamination.

The EPA has developed and implemented a policy framework to guide the management of environmental liability risks. This framework includes a financial assurance policy and a guideline on estimating financial assurances for polluting industries.

For more information, refer to EPA’s financial assurance policy and guidelines.

12. Lake Macquarie City Council revises its Contaminated Land Policy so that Section 10.7 (formerly S 149) planning certificate notations differentiate between remediated land with soil levels above and below the residential Health Investigation Level for lead.

13. Lake Macquarie City Council amends its Development Control Plan (DCP) for development of land known to be contaminated with atmospheric lead or black slag from the smelter. The revised DCP describes a streamlined approach for the assessment of residential soil contamination, by assuming a level of contamination based on existing information, in order to reduce the cost of the development assessment process. The revised DCP describes standard remedial action plans, which are to the EPA’s satisfaction, for routine development activities where risks can be adequately identified and managed.

14. The Department of Planning and Environment, in consultation with the EPA and Lake Macquarie City Council, takes steps to ensure that Exempt and Complying Development that is likely to result in the disturbance of contaminated soil within Lake Macquarie City is appropriately managed to minimise harm to human health and the environment.

15. The Department of Planning and Environment, in consultation with the EPA and Lake Macquarie City Council, considers the relevant management measures proposed in this report as part of its State Environmental Planning Policy review program.

16. The EPA considers all appropriate options for the disposal of contaminated materials associated with legacy lead contamination as a result of smelting activities in Lake Macquarie City, taking into consideration:
    1. affordability
    2. public accessibility
    3. suitability of the facility to contain the materials received.

17. Lake Macquarie City Council continues to apply conditions of development consent that require tracking and appropriate disposal of contaminated soil.

LMCC established a Contaminated Land Working Group to provide conditions of development consent on land impacted by the Pasminco smelter.

The review of conditions of consent is part of LMCC’s standard processes.

18. The NSW Government establishes an ongoing funding stream for Lake Macquarie City Council to develop and maintain a small interdepartmental team to manage additional legacy lead issues beyond the usual remit of local government (subject to council approval and availability of a sufficient funding source). The team is responsible for:
    1. expanding record keeping and mapping of known contamination and remediation
    2. providing funding support and advice to public and private landholders wishing to undertake voluntary soil assessment and property remediation
    3. following up on any Hunter New England (HNE) Health investigations regarding high blood lead levels to identify site remediation options
    4. managing access to a local repository within the Lower Hunter for lead-contaminated soils
    5. identifying a point of contact for community enquiries about living with lead and voluntary management measures
    6. regularly engaging with HNE Health regarding blood lead levels tested by GPs and outcomes of follow-up investigations
    7. expanding engagement collateral to include advice on maintaining contamination barriers and hygiene, and improving links to and from HNE Health information.

Implementation of this recommendation will facilitate a streamlined approach across the local government area consistent with LMCC’s Development Control Plan, LMCC’s Environmental Management Plan for Contaminated Land in Council’s Care and Control, and the National Environment Protection (Assessment of Site Contamination) Measure 1999.

This recommendation was funded by the agreement as referenced for recommendation 1.  These funds, in part, are used to support a multi-disciplinary team at LMCC.

The current funding agreement extends until 31 August 2026.

19. Lake Macquarie City Council, the EPA and NSW Health develop a risk-based decision management tool, in consultation with the community, to identify and prioritise access to services supported by the proposed funding stream described in Recommendation 18.

Council established the Lake Macquarie Lead Mitigation Grants Program Panel. The panel has two staff members from Council, one community representative, and an EPA representative.

The panel assesses grant applications by the community using a clear and consistent process to allocate community grants.

20. Lake Macquarie City Council develops a streamlined approach for the assessment of residential lead contamination within the local government area and ensures the degree of risk is appropriately matched to the level of action.

LMCC has established a Contaminated Land Working Group that consists of key staff across the organisation. The group assesses development applications on contaminated or potentially contaminated sites.

The group collectively undertakes development application assessments for contaminated or potentially contaminated sites and operates in compliance with a procedure for undertaking risk-based assessment in accordance with the State Environmental Planning Policy (Resilience and Hazards) 2021.

21. Lake Macquarie City Council continues to maintain an up-to-date environmental management plan (EMP) for dealing with legacy lead contamination on land within council’s care and control. The EMP is reviewed every five years or following new recommendations on lead exposure from health or environmental agencies (e.g. National Health and Medical Research Council, National Environment Protection Measures, etc.).

Lake Macquarie City Council has developed an Environmental Management Plan for contaminated land (EMP) to guide the management of contaminated land in its care and control.

The EMP is periodically reviewed in accordance with Council’s document management practices.

22. The NSW Government provides the EPA with support for the establishment and operation of a state-wide Lead Strategy Group to act as a conduit between the EPA and local councils or other appropriate local bodies across New South Wales. The EPA strategy group is responsible for promoting effective communications and resolving enquiries relating to state-wide lead contamination issues. The EPA strategy group acts as:
• a first point of contact for future lead-related research in New South Wales
• a platform upon which research findings are communicated
• a conduit through which relevant authorities may be notified of changes to relevant policies, guidelines and technical documents.

The NSW Lead Strategy Group was established in September 2015, and met until February 2022.

The group included representatives from the EPA, SafeWork NSW, NSW Health, and NSW Fair Trading.