The Barangaroo Delivery Authority has moved to deflect criticism of the NSW Government decision to exempt the project from planning laws on contamination.

The NSW Planning Minister Tony Kelly attracted controversy this week after introducing legislation that would effectively quash a court challenge against building the car park on the northern headland, parts of which are polluted from an old gasworks.

It was reported today in the Sydney Morning Herald that the Minister overturned specific instructions from the head of his department this week when he ordered the development be exempt from planning laws on contamination.

However, the Barangaroo Delivery Authority says that the highest standard of remediation on the vital site was always planned and will continue to be used.

Its statement reads: “It is important to note that the court proceedings related to technical legal arguments about planning rules and were not about the standard of remediation, which will be performed under a detailed and independently audited action plan, approved by the Department of Environment, Climate Change and Water.

“An overarching remedial action plan, finalised in July 2010, is publicly available and has also been approved by the independent site auditor. Further, a remedial action plan specific to the Headland Park has been finalised and is with the independent site auditor for approval. The approval for the early works at Headland Park requires that this action plan is approved before any remediation work can commence on the Headland Park site.

“The Barangaroo Delivery Authority understands that the order made by the Minister for Planning yesterday, clarified that certain specified aspects the relevant State Environmental Planning Policy regarding remediation do not apply to the two specific project approvals for early works at Barangaroo, the subject of the current legal proceedings in the Land and Environment Court.

“The Minister, the Authority, and Lend Lease all submitted in those proceedings that this was always the legal position, even without the order. Indeed, the relevant amendment is expressed as being "for the avoidance of doubt".

“The Part 3A approval process requires stringent environmental assessment, including the assessment of impacts related to contamination. The Authority has conducted appropriate assessments of contamination.’

Lend Lease says that while part of the Barangaroo site are heavily contaminated, the area approved for the underground car park in question contains lower-grade contaminants.

David Wheeldon

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