Complaints
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Enforcements
Official Caution issued to ATB Morton (NSW) Pty Ltd (MP07_0094, Port Stephens LGA)
On 26 August 2021, the Department issued an Official Caution to ATB Morton (NSW) Pty Ltd for failing to submit satisfactory Annual Review reports for the Salt Ash Sand Quarry. Annual Review reports are a key document that allows the Department to review compliance of an operation with its development consent. The Department is working with ATB Morton to improve the quality of information reported in the future Annual Reviews.
Official Caution issued to ATB Morton Pty Ltd (MP07_0094) Port Stephens LGA
On 13 January 2022, the Department issued an Official Caution to ATB Morton Pty Ltd for exceeding the allowable truck movements limits (13 in total) on multiple dates in 2018 and 2019 at Salt Ash Sand Quarry (the site). The trucking limit is 30 laden trucks dispatched from site per day (Monday to Friday) and 15 laden trucks dispatched from site per day (Saturday). The Department will continue to monitor compliance with conditions of consent.
Official Caution issued to ATB Morton Pty Ltd (MP07_0094) Port Stephens LGA
On 14 April 2022, the department issued an Official Caution to ATB Morton Pty Ltd for failing to review, revise and resubmit an updated rehabilitation bond to the department within three months of completing the 2020 Independent Environmental Audit, for the Salt Ash Sand Quarry. ATB Morton are now working with the department to submit an updated rehabilitation bond.
Penalty Notice issued to ATB Morton Pty Ltd (MP07_0094) Port Stephens LGA
On 14 April 2022, the department issued a $15,000 Penalty Notice to ATB Morton Pty Ltd for failing to implement the Landscape Management Plan (LMP) at the Salt Ash Sand Quarry. ATB Morton had failed to record nest box inspections and maintenance in the Annual Reviews and failed to undertake rehabilitation monitoring by a qualified ecologist. Preclearance surveys were also outside the two-week timeframe as noted in the LMP. ATB Morton are now working with the department to review and revise the LMP and implement the required procedures.
Enforceable Undertaking - Mr David Towers (MP07_0094) Port Stephens LGA
On 11 October 2023, NSW Planning accepted an Enforceable Undertaking from Mr David Towers, Salt Ash NSW, for a number of breaches of the development consent (MP 07_0094) including vegetation clearing and sand extraction from his premises which was not in accordance with the development consent. Mr Towers has undertaken to pay $130,000 to the NSW Biodiversity Conservation Division - Saving Our Species programs, for biodiversity enhancement and protection projects in the Port Stephens and Hunter region. Mr Towers is also required to pay $20,000 to Landcare NSW to enhance koala habitat in the Port Stephens region. Additionally, NSW Planning issued a Development Control Order to Mr Towers requiring rehabilitation of land and vegetation disturbed by the unauthorised activity. Details can be found at https://www.planning.nsw.gov.au/sites/default/files/2023-11/signed-enforceable-undertaking-by-mr-david-owen-towers.pdf
Development Control Order issued to Mr David Towers (MP07_0094) Port Stephens LGA
On 13 October 2023, NSW Planning issued a Development Control Order directing Mr David Towers to remediate and rehabilitate the vegetation that was disturbed as part of unauthorised sand extraction activities at Salt Ash Quarry, the disturbance included areas known to have Endangered Ecological Communities. The DCO is in addition to the Enforceable Undertaking accepted by NSW Planning in relation to this matter. Details can be found at https://www.planning.nsw.gov.au/sites/default/files/2023-11/signed-enforceable-undertaking-by-mr-david-owen-towers.pdf
Inspections
22/09/2020
14/10/2021
26/08/2021
26/10/2021
18/11/2021
13/01/2022
7/04/2022
14/04/2022
24/11/2022
15/03/2023
18/12/2023
Note: Only enforcements and inspections undertaken by the Department from March 2020 will be shown above.