Land and Environment Court of New South Wales CITATION : Woodhouse v Wyong Shire Council & Others (No 2) [2006] NSWLEC 83 APPLICANT Harvey Wooodhouse PARTIES : FIRST RESPONDENT Wyong Shire Council SECOND RESPONDENTS Michael Schembri and Mary Jane Schembri FILE NUMBER(S) : 10145 of 2005 CORAM: Cowdroy J KEY ISSUES: Appeal :- development application for poulty farm - designated development - modified application - whether renotification required - whether environmental effects of modified application satisfactory - conditions regulating use of poultry farm LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 79(6), s 98 CASES CITED: Transport Action Group Against Motorways Inc v Roads and Traffic Authority and Anor (1999) 46 NSWLR 598; Woodhouse v Wyong Shire Council & Ors [2005] NSWLEC 709 DATES OF HEARING: 21/02/2006 DATE OF JUDGMENT: 02/24/2006 APPLICANT J Reid (solicitor) Pike Pike & Fenwick FIRST RESPONDENT J Reilly/K Gerathy/L Finn (solicitors) LEGAL REPRESENTATIVES: SOLICITORS Abbott Tout SECOND RESPONDENTS C McEwen SC SOLICITORS Staunton Beattie JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES Cowdroy J 24 February 2006 10145 of 2005 HARVEY WOODHOUSE Applicant WYONG SHIRE COUNCIL First Respondent MICHAEL SCHEMBRI & MARY JANE SCHEMBRI Second Respondents JUDGMENT No 2 Background 1 His Honour: The appeal is made pursuant to s 98 of the Environmental Planning and Assessment Act 1979 ("the EP&A Act") which enables an objector who is dissatisfied with the determination of a consent authority to a development application for designated development to appeal to the Court. 2 The appeal relates to the granting of development consent by Wyong Shire Council (the Council) on 17 February 2005 for the demolition of five naturally-ventilated poultry sheds and their replacement with six tunnel-ventilated poultry sheds as well as the subdivision of the existing two lots to create two different lots on the property known as "Longridge Estate", RMB 2210 Springs Rd, Kulnura (the subject site). 3 The appeal was heard on 26, 27 September 2005 and 24 October 2005 and the Court was assisted throughout by Commissioner Brown. Findings on the merits of the proposal were delivered on 22 December 2005 (Woodhouse v Wyong Shire Council & Others [2005] NSWLEC 709). The conclusions and orders stated: 67 While the applicant proposed that the development be limited to three sheds and 125,000 birds, this was not a proposition adopted by the second respondents. However, the Court would be willing to consider such a proposal if it were put forward by the second respondents. The issue of odour was the only issue not addressed to the Court's satisfaction. 68 The Court is of the view that the second respondents should be given the opportunity to reconsider the proposed development based upon the findings in this judgment. The Court's findings on the odour issue may prompt changes to the proposal that could address the odour issue in part or in full. 69 The Court considers that the long-term management of the farm can be appropriately addressed through appropriate conditions. The Court will give further attention to the conditions to be imposed if the second respondents wish to bring an amended proposal to the Court. 70 The Court will not make final orders at this stage so that the second respondents have an opportunity to consider their position and amend the proposal if they wish to do so. …. 4 On 6 February 2006 leave was granted to amend the application to provide for four sheds and a maximum of 168,000 birds. The second respondents also sought to provide additional evidence from Mr Robin Ormerod, an air quality consultant. Directions were given for the filing and serving of additional evidence from Mr Ormerod and the preparation of a joint report with Dr Holmes, the applicant's air quality consultant. 5 Following the additional evidence from Mr Ormerod and the joint report with Dr Holmes, the hearing recommenced on 21 February 2006. The submissions 6 Ms Reid for the applicant submitted that the additional evidence provided by Mr Ormerod and the joint report with Dr Holmes was not sufficient to satisfy the Court that the applicant's land would be protected from odour. In her submission, if the applicant were to subdivide his land and construct dwellings upon the subdivided lots, those dwellings would still be adversely affected by the proximity of the poultry sheds under the new proposal. In acknowledging Mr Ormerod and Dr Holmes conclusions that the proposed four sheds would satisfy the relevant odour criteria she submitted that unacceptable odour is still likely to occur. 7 Ms Reid also submitted that the amendment from the six shed to four sheds required renotification in accordance with s 79(6) of the EP&A Act. She submitted that the appeal should be upheld and development consent refused. 8 Mr McEwen SC for the second respondents submitted that the evidence provided by Mr Ormerod and Dr Holmes indicates that the proposed four sheds adequately address the odour concerns raised by the applicant, and that compliance with the relevant odour criteria constitutes the basis for assessment. Mr McEwen SC rejects the submission that the amended proposal needs to be renotified. He submits that there is no evidence to support the refusal of the amended application. Odour 9 On the question of odour, I accept the submissions of Mr McEwen SC. The acceptability of the amended proposal is succinctly put by Mr Ormerod and Dr Holmes in their joint report where they state: We agree that the Schembri farm, if developed and managed according to conditions described below and in the Environmental Management Plan, should result in acceptable odour to both existing and proposed residences nearby. We agree that the development of four sheds, each with a maximum capacity of 42,000 birds, equating to a total capacity of 168,000 birds is acceptable subject to suitable conditions 10 In accepting the submissions of Mr McEwen SC, I acknowledge that the odour criteria require compliance only 99% of the time. While this creates the opportunity for odour in excess of an acceptable standard, the opportunity is very limited. It is consistent with the attempts to establish an objective criterion for a largely subjective impact. It is an approach adopted in other areas and was generally accepted by Mr Ormerod and Dr Holmes. Noise 11 The amended plans also raised issues of noise impacts different to that considered in the original plans. However Mr Murray for the applicant and Mr Benbow for the second respondents considered the changes and agreed that the amendments did not raise any issues that could not be addressed through conditions. Renotification 12 Section 79(6) of the EP&A Act provides: Circumstances in which public exhibition may be dispensed with (6) If: (a) a development application for designated development is amended, or substituted, or withdrawn and later replaced before it has been determined by the consent authority, and (b) the consent authority has complied with subsections (1), (2) and (3) in relation to the original application, and (c) the consent authority is of the opinion that the amended, substituted or later application differs only in minor respects from the original application, the consent authority may decide to dispense with further compliance with subsection (1) in relation to the amended, substituted or later application. In that event, compliance with subsection (1) in relation to the original application is taken to be compliance in relation to the amended, substituted or later application. 13 The dispute between the applicant and the second respondents focused on whether the amended proposal "differs only in minor respects from the original application" (s 79(6)(c)). 14 In Transport Action Group Against Motorways Inc v Roads and Traffic Authority and Anor (1999) 46 NSWLR 598 the Court considered whether a development proposal could be modified under s 112 of the EP&A Act where such modification caused new detrimental effects not considered by the original environmental impact statement. Mason P (with Sheller JA agreeing and Fitzgerald JA dissenting) held (at 626 [104]–[109]) that provided the modification eliminated or reduced the overall detrimental effect of the original activity, the modification was valid. 15 Sheller JA said (at 647 [164]): It would be wrong, in my opinion, to separate the proposed change to the activity and treat that as an activity standing alone. Separate from the whole, there was no proposed activity. To consider the change alone would be to distort what s 112(4)(b)(i) intended, namely, a modification of the proposed activity "so as to eliminate or reduce [its] detrimental effect … on the environment." Commonly, a determining authority would have been required to choose between a feature of a proposed activity and a proposed change to that feature which would have a detrimental effect on the environment. But if the activity as a whole was changed in a way which eliminated or reduced its detrimental effect on the environment, the determining authority was permitted to make the change. 16 The legislation in the present case is different from that considered in Transport Action Group Against Motorways however the principle applies by analogy. In the present case, the new proposal is a reduced form of the original proposal. The detrimental effects of the new proposal are substantially reduced. The modification does not change the nature of the activity ie a poultry farm, and the proposed physical structure is largely consistent with the original proposal. The Court considers that the decision to reduce the size of the proposal is only a minor change from the original proposal. Accordingly notification may be dispensed with under s 79(6) of the EP&A Act. Conditions 17 Several of the applicant's draft conditions were in dispute between the parties. On the basis of the findings in the previous judgment and above, the Court considers makes the following findings with respect to the conditions in dispute. Description of development, Deferred Commencement conditions A, B, C, 1, 2, 3, 4 and 5 18 The applicant seeks the inclusion of Deferred Commencement conditions for plans to reflect the proposed four sheds (Condition 1), an amended landscape plan (Condition 2), an amended hydrological/stormwater plan (Condition 3), an amended waste management plan (Condition 4) and re notification of the previously mentioned plans (Condition 5). 19 The second respondents oppose the need for any Deferred Commencement conditions as these matters can be adequately addressed through operational conditions (Conditions 1, 2, 3, 4) or are unnecessary (Condition 5). 20 In respect of these conditions I agree with the second respondents, with the exception of the plans for the proposed four sheds. At the conclusion of the hearing the Court had the benefit of a site plan showing the reconfigured four sheds but no other details. I accept the submissions of the second respondents that the other details are identical to that shown in the original proposal for six sheds. However for clarity a full set of plans should be provided for the proposed four sheds. Condition 7 21 This condition requires all sheds to be demolished prior to the issue of an occupation certificate. The second respondents propose a condition that provides for the transition from the old sheds to the new sheds with limits placed upon the maximum number of birds, a limit on the time of transition and a sequence for the demolition of the old sheds. 22 I accept that the second respondents' condition provides an acceptable level of balance and certainty for the transition from the old sheds to the new sheds with a minimal impact on the adjoining property. Condition 21 23 This condition requires the linen plan shall not be released until the operation has commenced and all approved works have been constructed. The second respondents propose that the linen plan not be released until all existing sheds have been demolished and acoustic barriers and landscaping have been implemented. 24 I accept the second respondents' condition. There is no reason why the linen plan should not be released until the operation has commenced. In my opinion, the demolition of the existing sheds, the associated landscaping and acoustic barriers are sufficient indicators of the implementation of the consent. Conditions 28, 29, 30 25 These conditions relate to the provision of a stormwater system with quality control facilities. The applicant seeks to amend the conditions to reflect the reduction from six sheds to four sheds whereas the second respondents seek to rely on the stormwater system from the previous proposal, which has greater capacity than necessary due to the reduction in the number of sheds. 26 I accept the second respondents' position. There is no suggestion that the previously agreed stormwater system cannot cater for the reduced number of sheds. I note the second respondents' agreement to a condition requiring the detention ponds to be moved away from the applicant's boundary. The Court is satisfied that this is sufficient and that further redesign of the stormwater system is unnecessary. Condition 66 27 This condition requires compliance with a landscape plan. The applicant seeks compliance with an amended landscape plan required by a Deferred Commencement condition. Having found that the Deferred Commencement condition is unnecessary, I accept the second respondents' condition. Condition 73 28 This condition requires compliance with a stormwater management plan. The applicant seeks compliance with an amended stormwater management plan required by a Deferred Commencement condition. Having found that the Deferred Commencement condition is unnecessary, I accept the second respondents' condition. Environmental Management Plan 29 The following clauses were in dispute between the applicant and the second respondents. Clause 2.2 30 The applicant seeks to amend this clause to include the amended stormwater management plan required by a Deferred Commencement condition. Having found that the Deferred Commencement condition is unnecessary, I accept the second respondents' condition. Clauses 4.4, 4.6 31 The applicant seeks to amend the subclauses to provide that the environmental management report required to be provided to the Council be simultaneously provided to the applicant. The second respondents maintain that it is the obligation of the Council rather than the second respondents to provide such report to persons it considers appropriate. 32 I accept the second respondents' submission. The Council is the responsible authority and as such should be focal point for monitoring the proposed development. The Council may refer reports to other parties it considers appropriate. Clause 8.2 iv 33 The applicant seeks to amend this sub-clause by prohibiting deliveries "outside daylight hours" whereas the second respondents propose that deliveries "shall be minimised outside daylight hours". Such sub-clause was suggested as relevant to minimisation of noise. 34 The question of noise was addressed by experts from both parties and appropriate conditions formulated, particularly for sensitive locations on the site. The applicant's amendment would be more stringent than the conditions agreed to by the acoustic experts and should be rejected. Clause 9.1 35 The applicant seeks to amend this clause by requiring that the surface of the roads on site are maintained "to ensure they do not create additional dust". The second respondents rely on a clause that requires the surface of the roads to be maintained "so as to minimise additional dust". 36 A requirement that no additional dust is created is not realistic. A requirement that dust be minimised is appropriate in the circumstances. Clause 11.1 37 The applicant seeks to amend this clause to reflect the amended stormwater management plan required by a Deferred Commencement condition. Having found that the Deferred Commencement condition is unnecessary, I accept the second respondents' condition. Clause 15.1 38 The applicant seeks to amend a the condition to require that additional information be recorded in the logbook maintained by the second respondents. The additional information relates to daily weather conditions and the operation of the fans in each of the sheds. 39 The second respondents oppose the additional requirements. They say it would necessitate the construction of a weather station for the daily weather conditions. They also submit that it is not possible to electronically monitor the operation of the fans through the proposed computer-controlled temperature system. Compliance would therefore require manual monitoring, which the second respondents consider is impractical and unnecessary. 40 I accept the second respondents' submissions. Considering the comprehensive evidence and general agreement by the experts on the issues of odour and noise, I see no purpose in the amendments proposed by the applicant. I am also mindful of the contents of the Environmental Management Plan which requires the preparation of an environmental management report, an independent environmental audit and the appointment of an environmental officer. Such data should provide adequate environmental safeguards. Clause 15.1 41 The applicant seeks to amend this clause to allow the adjoining neighbours to inspect records of the second respondents, in addition to the Council. 42 For the reasons mentioned under the discussion of Clauses 4.4, 4.6 the proposed amendment should be rejected. Orders 43 The Orders of the Court are: 1. The appeal is dismissed. 2. The demolition of five existing naturally ventilated poultry sheds and the replacement with four tunnel ventilated poultry sheds and the subdivision of the existing two lots to create two different lots on the property known as "Longridge Estate", RMB 2210 Springs Rd, Kulnura is approved subject to the conditions in Annexure A. 3. The exhibits are returned with the exception of AA, BB, 3-3 and 4-4. **************************** ANNEXURE A NOTICE OF DETERMINATION OF A DESIGNATED DEVELOPMENT APPLICATION Issued under the Environmental Planning and Assessment Act 1979 Sections 80, 80A, 80(3) & 81 (1)(a) DEFERRED COMMENCEMENT CONSENT Development Application No: DA-l588/2004 Property Address: Lot 11 and 12 DP 825783 2212 Springs Road, KULNURA NSW 2250 Description of Development: The conversion of one existing poultry shed to a machinery shed, demolition of the remaining existing poultry sheds, the erection of 4 new tunnel ventilated meat poultry sheds (with a stocking capacity of 168,000 birds) and subdivision creating lots of 4.86 ha and 9.72 ha at 2210 Springs Road, Kulnura A Deferred Commencement Consent The consent shall not become effective or operative until the following information is submitted to Council to its satisfaction. The Deferred Commencement Condition is to be complied with within 2 years from the date of this consent. The applicant shall prepare and submit a set of final architectural development drawings for approval and stamping as the approved development plans by Council. The plans are to be generally in accordance with, and supplement Plan no. C01 Issue E prepared by Trehy Ingold Neate dated 24 February 2004 (amended 15 February 2006) and the general relevant information contained within the EIS prepared by Pooled Resources dated July 2004 B Operational Conditions Upon satisfaction of all of the matter set out in the deferred commenced condition of consent, the consent will then become effective and operative and the development shall be carried out in accordance with the following conditions 1.The development taking place in accordance with the plans required by the Deferred Commencement condition, Plan no. C01 Issue E prepared by Trehy Ingold Neate dated 24 February 2004 (amended 15 February 2006) and the general relevant information contained within the EIS prepared by Pooled Resources dated July 2004 and the following reports; · The Environmental Management Plan dated 21 February 2006 attached to these conditions. · The Truck Noise Management Plan prepared by Dick Benbow and Associates dated 11 August 2005 · The Hydrological report prepared by Toby Fiander & Associates dated 30 June 2005 and filed in these proceedings on 1 July 2005 except as modified by any conditions of this consent. 2A An amended landscape plan is to be submitted to reflect the amended configuration of the chicken sheds. The landscape plan shall generally follow the form of the landscape plan DWG No. 1660.1 prepared by Precinct Landscapes and dated 16 February 2006. The plan shall be prepared by a suitably qualified landscape architect and shall also incorporate: (a) The area from Springs Road to the two dwellings is to include layered planting of 100 trees from Springs Road to a depth of 20-25 metres unless already provided. (b) Additional screening trees are to be planted on the site to provide screening of the chicken sheds. The trees should be clumped around the boundaries. (c) Spot planting of trees , excluding the addition of trees between the sheds is to be added to the plan. Spot planting is to include a minimum of an additional 150 trees capable of growth to a height of 4 metres or over within 10-12 years. (d) Layered planting of 100 trees 20-25 metres from the rear southern boundary is to be incorporated on the plan. (e) Planting may be by way of tube stock. (f) The sedimentation ponds on the rear southern boundary are to be relocated 25 metres from the boundary. 2B An amended waste management plan is to be submitted for approval by Council incorporating the amended proposal. The Waste Management Plan will need to provide evidence to substantiate that any proposed disposal methods will not result in the pollution of Waterways within the Wyong Shire Water Catchment Areas.(CUSTOI) 2C The Landscaping depicted in the landscape plan referred to in condition 2A shall be maintained and any dead trees shall be replaced. 2D For the purpose of additional ventilation each shed will provide 6 minimum ventilation chimney fans such fans to be placed adjacent to the roof ridge of each shed and to be evenly spaced. 1 To enable a transition from the existing sheds to the new sheds the operator shall be entitled to erect the new sheds one by one and then relocate birds from the existing sheds to the new sheds provided that upon completion of each new shed one of the existing sheds shall be decommissioned before each new shed is stocked. The decommissioned shed shall be demolished prior to the completion of the next new shed. The existing southern sheds shall be decommissioned first before the existing northern sheds. For the avoidance of doubt the number of birds on site in any combination of new and old sheds must not exceed 168,000 at any time and all existing sheds (excluding the existing shed to be retained as a machinery shed) must be demolished within 30 months of commencement of construction. The residue area of the demolished sheds shall be appropriately rehabilitated and landscaped. 2 No stocking of the property with livestock is to occur, unless all landscaped areas have been suitably secured with appropriate livestock proof fencing. 3 The maximum stocking density is restricted to 168,000 birds at any one time. 4 The Applicant shall take all practicable measures to prevent or minimise harm to the environment during the construction, operation, and where relevant, decommissioning of the development. 5 No loading or unloading activities shall be carried out at the north-eastern ends of the chicken sheds between 10pm and 7am. 6 The 2.5 m acoustic barrier to be constructed adjacent to the north eastern ends of the chicken sheds as shown on the landscape plan will be constructed prior to the commencement of the operations and release of the surveyors linen plan for the subdivision. The barrier shall be constructed using a material with a weighted sound reduction index of not less than RW 25. Details are to be submitted and approved by Council. 7 The acoustic barrier of height 4 m to be constructed on the western side of the residence to the east of the access road (within proposed lot 1) will be constructed prior to the commencement of the operations and release of the surveyors linen plan for the subdivision, to provide shielding to all bedroom windows from the access road. The barrier shall be constructed using material with a weighted sound reduction index of not less than RW 25. Details are to be submitted and approved by Council. 8 All noise attenuation measures are to be in place, including screen landscaping prior to release of the surveyors linen plan for the subdivision. 44 Environmental Monitoring 10. The Applicant must implement and comply with all the requirements of the approved Environmental Management Plan referred to in Condition 1. 45 Subdivision 11 The surveyor's linen plan for the subdivision shall not be released until all existing sheds on the 4.86 ha lot have been demolished and all acoustic barriers and landscaping to be implemented on the 4.86 ha lot have been implemented. 12 A restriction as to user shall be created (with Council as the authority to vary or modify) requiring the retention and maintenance of the approved acoustic fencing and the landscape screen planting incorporated within the proposed lots, for as long as the meat poultry farm remains in operation and poultry sheds remain on the land. This instrument shall be registered with the subdivision plan. Certificates I Engineering Details 13. A Construction Certificate is to be issued by the Certifying Authority prior to commencement of any works. The application for this Certificate is to satisfy all of the requirements of the Environmental Planning and Assessment Regulation 2000. 14. Certification of the design of the sheds by a practicing engineer must be provided to the satisfaction of the Certifying Authority prior to the issue of the Construction Certificate. 46 Erosion and Sediment Control 15 The control of soil erosion on the site and the prevention of silt discharge into drainage systems and waterways in accordance with Council's Policy El - Erosion and Sediment Control from Building Sites and Development Control Plan No. 67 — Engineering Requirements for Development. The design plans must be approved by the Principal Certifying Authority prior to issue of the Construction Certificate. Noise 16. The LAeq noise level emanating from the premises as measured over any 15 minute period shall not exceed: (a) 35 dBA between 6pm and 7am; and (b) 38 dBA between 7am and 6pm on any day at any affected residence or at any house site identified on Mepstead & Associates Pty Limited Drawing 4188. 17. Prior to commencement of operation a noise compliance test is to be carried out by an accredited acoustic consultant to demonstrate that the 35 dBA limit in condition 16 is achieved with 6 roof fans and two end wall fans per shed and with 6 end wall fans per shed operating in all sheds. 18. Prior to commencement of operation a noise compliance test is to be carried out by an accredited acoustic consultant to demonstrate that the 38 dBA limit in condition 16 is achieved with 12 end wall fans per shed operating in all sheds. 19. If it is found that more than six roof fans and two end wall fans or alternatively six end wall fans need to operate on any evening or night a further noise compliance test shall be carried out to demonstrate that the 35 dBA limit in condition 16 is achieved with the required number of fans operating in each shed. 20. A back up generator shall be installed with suitable capacity to service the proposed fans which will automatically operate upon any interruption to the electricity supply. Such a generator is to be sited so as not to create any adverse impact to any adjoining properties via noise generation and shall be treated or enclosed so that the noise level during operation shall not exceed 35 dBA when measured at any affected residence or at any house site identified on Mepstead & Associates Pty Limited Drawing 4188 to ensure the noise level complies with the relevant EPA criteria at the property boundaries. Details are to be submitted and approved by Council prior to the issue of the Construction Certificate. Other Requirements Stormwater 21. The provision of a stormwater system with water quality control facilities required to manage stormwater runoff from the development in accordance with Council's requirements. Details are to be generally in accordance with the amended stormwater drainage concept prepared by Toby Fiander and Associates dated 30 June 2005. Design plans and construction are to be in accordance with Council's Development Control Plan No 67 — Engineering Requirements for Development. Design plans are to be approved by Council prior to issue of the Construction Certificate. Works, including the proposed pond and associated drainage works, are to be constructed and approved prior to the undertaking of earthworks for the sheds and roads to ensure sediment from these works is adequately collected during the construction phase and therefore does not adversely impact upon the water catchment and details to be included within Environmental Management Plan referred to in Condition 1. 22. The detention ponds to be provided with a waterproof membrane clay liner with appropriate level of compaction to provide a waterproof seal_ Details to be submitted to and approved by Council and details to be included within Hydrological Management Plan referred to in Condition 1. 23. A Water Management Plan that gives appropriate tank sizes and priority to the use of roof water, ground water and river water in that order. Details to be submitted to and approved by Council and details to be included within Hydrological Management Plan referred to in Condition 1. Waste Management 24. A Waste Management Plan to be submitted to and approved by Council for the disposal of spent litter removed from the site. PRIOR TO COMMENCEMENT OF WORKS: The following conditions must be satisfied prior to the commencement of site works, including any works relating to demolition, excavation or vegetation removal. Approved Plans 25. A copy of the stamped approved plans must be kept on site for the duration of site works and be made available upon request to either the Principal Certifying Authority or an officer of the Council. Building Code of Australia 26. The buildings must comply with the relevant provisions and requirements of the Building Code of Australia. Demolition 27. Building demolition work is to be carried out in accordance with the provisions of AS 2601 - 1991 - The Demolition of Structures. 28. The disposal of any asbestos materials in accordance with the requirements of Workcover NSW and AS 2601 - 2001 - The Demolition of Structures. Erosion and Sediment Control 29. The display of an appropriate sign to promote the awareness of the importance of the maintenance of sediment control techniques on the most prominent sediment fence or erosion control device, for the duration of the project. Note: On-the-spot fines may be imposed by Council for non-compliance with this condition. 30. The downpipes and stormwater drainage being installed and connected to the approved stormwater disposal system immediately the roof materials are positioned to prevent erosion of the site from roofwater. Inspections 31. The following inspections of the work must be undertaken and certified. Should Council be appointed as the Principal Certifying Authority (PCA), the inspections must be carried out by Council, or may be carried out by an Accredited Certifier with Council's prior agreement. In these cases, a record of the results of the inspection must be forwarded to Council as soon as is practicable after the inspection and any associated Compliance Certificates must be forwarded to Council within 2 days of issue, to enable Council to conduct the final inspection and issue the Occupation Certificate. 48 hours prior notice must be given to Council of the required inspection. 32. At the commencement of any demolition or building work (ie. prior to any demolition, excavation, clearing or building work): Check for compliance with Development Consent conditions, including the installation of siltation controls, waste controls, hoardings, site fencing and tree protection measures, (Mandatory for all Building Classes) 33. Other inspections identified via conditions of this development consent. (Mandated by Development Consent conditions, included in Council's service as PCA) 34. After the building work has been completed and prior to the issue of any Occupation Certificate in relation to the building: Check completion of building, pool fencing, etc., is in place and hoardings, fencing, building signs, etc., are removed. (Mandatory for all building Classes. Inspection must be conducted by Council as PCA.) Record of Inspections Carried Out 35. In accordance with clause 162E of the Environmental Planning and Assessment Regulation 2000, the certifying authority responsible for critical stage inspections must make a record of each inspection as soon as practicable after it has been carried out. Where Council is not the PCA, the PCA is to forward a copy of all records to Council. The record must include details of: § the development application and construction certificate number; § the address of the property at which the inspection was carried out; § the type of inspection; § the date on which it was carried out; § the name and accreditation number of the certifying authority by whom the inspection was carried out; and § whether or not the inspection was satisfactory in the opinion of the certifying authority that carried it out. Inspections to be arranged with Council as the Principal Ce rtifying Authority. Notice of required inspection must be given 48 hours prior to inspection, by contacting Council's Customer Service Department on (02) 4350 5555. Site Requirements 36. The provision of a metal waste skip (with self-closing lid or secure covering) or lined mesh steel cage(s) on site for the duration of the construction to ensure that all wastes are contained on the site. The receptacle is to be emptied periodically to reduce the potential for rubbish to leave the site. An on site storage area for reuse, recycling and disposal of materials is to be provided. Concrete, brick, tile and excavation material is to be given first priority for reuse and recycling. Note: On the spot fines may be imposed by Council for pollution incidents. The Principal Contractor (or Owner/Builder) is to erect a sign in a prominent position on the site (not attached to any tree) identifying the name, address and telephone number of the Principal Certifying Authority (PCA) for the work; the name, address and telephone number (including a number for outside of business hours) of the Principal Contractor for the work (or Owner/Builder); and stating that unauthorized entry to the site is prohibited. The sign must be maintained while the work is being carried out and is to be removed when the work is completed. Appropriate signs can be collected from Council's Customer Service Centre, where Council is the nominated PCA. 37. Construction work may only be undertaken in accordance with the provisions of the Environmental Protection Authority's 'Environmental Noise Control Manual-Guidelines for Construction Noise' as identified below: (a) Monday to Friday 7.00 am to 6.00 pm (b) Saturday 8.00 am to 1.00 pm. (c) Work is not to be carried out on Sundays or Public Holidays. Trees 38. Trees containing trunk or branch hollows provide habitat and shelter to native wildlife. Trees which are required to be removed as part of this consent which contain, or potentially contain hollows, are to be sectionally dismantled, taking care to minimise harm to resident wildlife. Dismantling of trees must be supervised by an experienced wildlife carer or consultant who holds an appropriate National Parks and Wildlife Services Licence. Wildlife must be relocated locally to an area with adequate resources and provided with a nest box or relocated hollow under instruction from the licensed carer or consultant. 39. The fauna ecologist employed to supervise the removal of trees must check individual trees for their habitat potential and advise the site manager and the tree clearing staff of any habitat potential and precautions necessary during tree felling. 40. Where a tree to be removed is confirmed as likely to contain fauna, the tree must be felled in sections under the fauna ecologist's direct supervision. Should a threatened species be positively identified, all clearing works are to cease and the advice of the National Parks and Wildlife must be sought. PRIOR TO RELEASE OF OCCUPATION CERTIFICATE: The following conditions must be satisfied prior to the release of an Occupation or Subdivision Certificate. Certificates I Engineering Details 41. Application for an Occupation Certificate must be submitted to and approved by the Principal Certifying Authority prior to occupation of the building. 42. A Subdivision Certificate is to be issued by the Certifying Authority prior to the registration of the plan of subdivision. The application for this Certificate is to satisfy all of the requirements of the Environmental Planning and Assessment Regulation 2000. 43. Registration of the plan of subdivision associated with the boundary realignment prior to the issue of an Occupation Certificate for the works associated with the poultry redevelopment. 44. Certification of the construction of the sheds by a practicing engineer prior to the issue of the Occupation Certificate. 45. All additional civil works required to ensure satisfactory transitions to existing work as a result of work conditioned for the development works are to be approved by Council prior to issue of the Occupation Certificate. 46. All works within a public road must be approved by Council under the Roads Act 1993 as the Roads Authority. 47. Provision of the following to highlight the Springs Road intersection for approaching traffic along George Downs Drive: (a) Raised reflective markers are to be installed as per the relevant Standards for a distance of 200m both north and south along George Downs Drive from Springs Road. (b) Advance intersection warning signs are to be provided in advance of the intersection in George Downs Drive in accordance with the relevant Australian Standard. 48. Signs be installed on Springs Road, at no cost to Council, for both approaches to the access for the development, warning of trucks in accordance with Australian Standards AS 1742.1 No W5-22B 'Trucks (Crossing or Entering)" and Council's requirements. 49. Design plans for these works are to be approved by Council prior to commencement of the works, with the final works to be approved by Council prior to the issue of the Occupation Certificate. 50. Note: The plans are to be submitted to Wyong Council who will seek the concurrence of Gosford Council as the authority responsible for that intersection. Dams 51. The design and construction of the dams must comply with Council's Development Control Plan No 72 - Farm Dams and Rural Works. Dust Control 52. Appropriate measures (e.g. fine water spray) shall be employed during demolition, excavation and construction works to prevent the emission of dust and other impurities into the surrounding environment. All such measures shall be co-ordinated with site sedimentation controls to ensure polluted waters do not leave the site. Erosion and Sediment Control 53. All erosion and sediment control works must be approved by Council prior to issue of the Occupation Certificate. Landscaping 54. All landscaping works are to be carried out in accordance with the Landscape Plan referred to in condition 2A. 55. The satisfactory completion and certification by the landscape consultant of all landscaping works prior to the issue of an Occupation Certificate. Stormwater 56. All drainage works for the development must be approved by Council prior to release of the Occupation Certificate. 57. The stormwater system with water quality control facilities to treat stormwater runoff from the development must be approved by Council under Section 68 of the Local Government Act prior to issue of the Occupation Certificate. ONGOING OPERATION: The following conditions must be satisfied during use & occupation of the development. Restrictions on Use 58. The operation shall strictly comply with the Environmental Management Plan referred to in condition 1. 59. All lighting shall be designed so as to ensure that glare does not adversely impact upon any adjoining property. 60. All deliveries to and from the site, apart from bird pick-ups, are to be carried out between 7.OOam and 7.OOpm. Stormwater 61. All stormwater treatment devices (including drainage systems, sumps and traps) being regularly maintained in order to remain effective. 62. Compliance with the stormwater management plans referred in Condition 1, including but not limited to the following: a the construction of three sediment basins to collect surface water. b the construction of a dam to collect roofwater from the sheds. c the installation of sediment fences and hay bales to prevent sedimentation downstream. d stabilisation of ground cover to prevent erosion. e efficient compaction rates (of clay for shed floors) to avoid infiltration and contamination of groundwater; and f implementation of a maintenance and monitoring system. Storage of Bulk Fluids and Dangerous Goods 63. The installation and operation of the LPG facility being in accordance with Australian Standard 1596:1997, Storage and handling of LP Gas. Waste Management 64. Compliance with the Waste Management Plan submitted with the application, or as modified by Council, in accordance with Development Control Plan No 69 - Controls for Site Waste Management. Other Requirements 65. The operation of the facility is to comply with the relevant provisions of the Protection of the Environment Operations Act 1997 at all times. 66. All chemicals and/or dangerous goods are to be stored in accordance with the requirements of WorkCover NSW. Environmental Management Plan for Chicken Meat Enterprise; Longridge Estate, 2210 Springs Road, Kulnura ---------------------------------------------------------------------------------------------------------------------------------- INDEX ------------------------------------------------------------------------------------------------------------ PURPOSE OF ENVIRONMENTAL MANAGEMENT PLAN 1 SCOPE OF APPLICATION 2 STOCKING DENSITY 3 MONITORING 4 ODOUR MANAGEMENT 5 LITTER AND DEAD BIRD MANAGEMENT 6 BIRD NUTRITION AND HEALTH 7 NOISE MANAGEMENT 8 DUST MANAGEMENT 9 LIGHT MANAGEMENT 10 WATER MANAGEMENT 11 PEST MANAGEMENT 12 CHEMICAL MANAGEMENT 13 COMMUNITY LIAISION AND COMPLAINT MANGEMENT 14 LOG BOOK 1. PURPOSE OF PLAN 1.1 This environmental management plan ("EMP") is the plan referred to in condition 1 of development consent ("the development consent") issued by the Land and Environment Court on 21 February 2006 in respect to the poultry farm located at 2210 Springs Road, Kulnura ("the land"). 1.2 This EMP specifies the operational and management standards and practices and strategies and measures for minimising environmental risks and contingency actions for managing environmental problems that may arise. It contains clear guidelines as to the management of the farm and monitoring of impacts. 1.3 The owner of the land and/or operator (collectively termed "the operator" herein) of the poultry farm must ensure that the farm is managed in accordance with this EMP. 2. SCOPE OF APPLICATION 2.1 A copy of the EMP and the development consent is to be provided to the chicken processor, as it may be from time to time. The operator shall not enter into a contract which would be contrary to the terms of the development consent or this EMP. 2.2 The operator of the poultry farm shall ensure that any employees, contractors, agents or assigns whom supply or are involved in the operation of the poultry farm are provided with a copy of the development consent, this EMP and the Truck Noise Management Plan prepared by DT Benbow of Dick Benbow & Associates Pty Limited dated August 2005 (released 11 August 2005) and the hydrological management plan prepared by Toby Fiander & Associates Pty Limited dated 30 June 2005. The operator shall ensure that all persons referred to above comply with the development consent, EMP and Truck Noise Management Plan and the Hydrological Management Plan. If compliance is not achieved then the operator shall give the person/company a written warning to comply. If compliance is not achieved by the person/company on a second occasion, the operator shall terminate that person/company's employment/association with the poultry farm. The operator shall ensure that the warning system forms an essential term of any contract with a third party. 3. stocking density 3.1 The maximum stocking density is restricted to 168,000 birds. 4. MONITORING 4.1 The following monitoring of the poultry farm shall be undertaken to ensure the reasonable amenity of adjoining properties. 4.2 Environmental Management Report Twelve months after commencement of the poultry farm operations, and subject to continuing satisfactory performance two yearly thereafter for the duration of the development, the operator shall submit an Environmental Management Report to the Wyong Shire Council ("the Council"). This report shall: i. Provide an overview of the operation of the development for the previous year; ii. Identify all the statutory requirements the development is to comply with; iii. Review the environmental performance of the development to determine whether it is complying with this consent and the statutory requirements; iv. Identify all the occasions during the previous year when there has been non-compliance; where non-compliance is occurring, describe what actions are (or will be taken) to ensure compliance, who will be responsible for carrying out these actions, and when these actions will be implemented; v. Include a summary of any complaints made about the development, and indicate what actions were taken (or are being taken) to address these complaints; and vi. Include the detailed reporting from the Environmental Monitoring Program and identify any trends in the monitoring over the life of the development. 4.3 If performance is not satisfactory an Environmental Management Report is to be prepared annually until Council is satisfied that performance is satisfactory. 4.4 The immediately adjoining landowners shall be informed when the environmental management report has been submitted to Council. 4.5 Independent Environmental Audit One year after the commencement of operations, and every four years thereafter, the operator shall commission, and pay the full cost of, an Independent Environmental Audit. The Independent Environmental Audit shall: i. Be conducted by a suitably qualified, experienced, and independent person whose appointment has been endorsed by the Council; ii. Assess the environmental performance of the development, based on the environmental monitoring program, and this EMP. iii. Recommend measures or actions to improve the environmental performance of the development, and/or the environmental management and monitoring systems. 4.6 The immediately adjoining landowners shall be informed when the independent environmental audit report has been submitted to Council. 4.7 Appointment of Environmental Officer The operator shall employ a suitably qualified and experienced Environmental Officer(s) throughout the life of the development, which appointment is acceptable to the Council. The Officer(s) will: i Be responsible for the continued implementation of this EMP. ii Be responsible for considering and advising on matters specified in the conditions of the development consent and advising on compliance with such matters; iii Be responsible for receiving and responding to complaints in accordance with this EMP; and iv Facilitate an induction and training program for all persons involved with the construction and operation of the development. The operator shall notify the Council of the name and contact details of the Environmental Officer(s) upon appointment and any changes to that appointment. 4.8 Odour monitoring The operator shall undertake odour measurements and compare them to those assumed in the modelling performed by Pacific Air & Environment. Should the emission rates be significantly greater than those assumed in the PAE methodology, then dispersion modelling using an appropriate methodology should be conducted. If modelled odour impacts are significantly greater than those predicted in Figure 1 to the joint report of Robin Ormerod and Kerry Holmes dated 16 February 2006, then steps must be taken to reduce emissions. Once reduction measures have been taken, repeat testing of emissions during one subsequent batch must be performed and reported in a manner that indicates whether compliance with the above-stated requirements is met. The measurements shall be undertaken as follows: 1. Measurements are to be conducted during two batches within the first 12 months of operation of the four tunnel ventilated sheds. Sampling shall take place during one winter and one summer period, after day 30of the growing cycle. Measurements shall be made in accordance with the Australian/New Zealand Standard AS/NZS 4323.3 (2001) Stationary source emissions Part 3: Determination of odour by dynamic olfactometry. 2. Odour measurements should be made at one shed. The odour measurement may be done inside the shed at the end of the shed before the fans, or outside at the outlet of a fan. 3. Sampling shall be conducted during normal operation of the ventilation system, on two occasions on each day of sampling, under differing ventilation conditions. Samples are to be gathered in duplicate, with a minimum of four samples (eight including duplicates) in total. 4. At least four litter moisture Holmes Ormerod Joint Statement Page 5 samples are to be taken from the shed at the time of odour sampling, with samples as a minimum being taken from beneath the drinker line and within 3 metres of the cooling pads so that maximum litter moisture content can be identified. The shed selected as representative of normal operating conditions during the peak growing period is based on inspection of the sheds by the team undertaking the monitoring in conjunction with the site manager. A single odour sample should comprise a sequence of sub-samples equally timed at each operating fan so as to obtain a shed average odour level. Ambient meteorological conditions including air temperature, relative humidity and cloud cover should be reported. The number of fans operating at the time of sampling must be reported. Airflow from the operating fans at each shed should be measured using a hot wire anemometer, miniature anemometer or a Pitot tube and at least 16 measurements should be made across the plane of each fan to determine a shed-average flow rate. Alternatively, flow may be measured internally to the shed according to the method used by the Queensland Department of Primary Industries. Dispersion modelling shall be undertaken by a member of the Clean Air Society of Australia & New Zealand. Odour measurements are to be carried out by an accredited laboratory such as: - The Odour Unit - EML - Environodour 5 ODOUR MANAGEMENT 6 LITTER AND DEAD BIRD MANAGEMENT 6.1 The operator of the poultry farm shall ensure: i. The litter material shall be wood shavings. If shavings are unavailable, then the alternative material is: (A) to be dust free (B) to have no more than 15 per cent of it consisting of particles smaller than 2mm. (C) to have a low thermal conductivity to retain warmth and act as insulation; and (D) to be free from harmful chemicals ii. That bedding materials are checked upon delivery to the farm that they are dry. iii. That bedding, as referred to in 6.1i above, is replaced immediately after every batch clean out of the poultry houses. iv. That no water is permitted to enter the poultry houses and storage facilities from rain, irrigation, sprinklers, surface water or the like. v. Drains in the immediate vicinity of the poultry houses are to be maintained to prevent water ingress into the poultry houses. vi. Fogger lines will not be installed in the poultry houses. vii. That only nipple drinkers with spillage cups are to be installed for watering birds. The nozzles, feeder lines and water pressure in the drinkers are to be checked daily and maintained to avoid litter wetting. viii. The nipple drinkers are maintained at an appropriate height to prevent spillage. ix. That evaporative cooling pads are to be used as the means of cooling inlet air. The cooling pad system is to be maintained regularly and will be checked weekly to ensure efficient function. x. Ventilation, heating and cooling systems are to be continually monitored to ensure that the moisture content of litter/bedding is controlled so that it remains friable (i.e. moisture content between 15-20%). xi. Patches of wet or caked litter is removed from sheds as soon as possible, but in any event daily, and replaced with fresh litter. The farmer shall investigate the cause of the wet or caked litter and take immediate steps to ensure that the cause is cured. xii. Maintain insulation of the poultry house to a level that prevents condensation forming on the undersides of the roofs. xiii. That the ventilation and cooling systems are maintained so that birds are kept in a comfortable environment and avoid excessive water consumption associated with high shed internal temperatures. xiv. In summer, if the target temperature range for bird age cannot be met, then steps including reducing stocking density should be taken to ensure that the target range is met. xv. That fans and ventilation openings are maintained so that they are free from obstruction and dust is regularly cleaned from its components. xvi. Removal/handling of litter from the poultry houses shall not occur in adverse climatic conditions. The risk of odour impact is increased when mild breezes are blowing from the sheds towards nearby residences and land. In the early morning or towards night, cold air drainage can also carry odours considerable distances downslope. Odour movement is also affected by temperature inversions and can reach nearby residences. xvii. Spent litter is not to be applied on the farm. xviii. Spent litter is to be transported from the farm in covered vehicles to avoid spillage and dust emission. xix. Spillages are contained and cleaned up immediately to minimise the likelihood of stormwater contamination. xx. Avoid litter becoming wet during the removal process. xxi. Reduce ventilation from the shed during removal to minimise off site odour and dust impacts. xxii. Dead birds shall be collected from the poultry houses each day and disposed of in the biobin. If the biobin is not operable for any reason, dead birds shall be refrigerated or frozen. xxiii. Farm practices for dead bird management and disposal must comply with the Broiler Industry Biosecurity Code (Australian Chicken Meat Federation 2002). xxiv. An exotice disease contingency plan should be developed. The site for storage / disposal shall be in the position nominated in the EIS prepared by Pooled Resources Pty Limited which accompanied the development application. xxv. Dead bird collection vehicles and all containment systems are to be leak proof and vermin proof. 7 BIRD NUTRITION AND HEALTH 7.1 The operator of the enterprise shall ensure: i That quality, balanced diet, approved by a specialist veterinarian, is provided to birds to ensure that digestive upsets and excess nitrogen excretion is minimised. ii Potable water, or other water as approved by a specialist veterinarian, is to be supplied to the birds to minimise digestive upsets. iii That feed spills be cleaned immediately. iv That a specialist veterinarian be called immediately that poor bird health is suspected and that the problem be treated without delay. v That caked feed is routinely removed in silos and feed handling equipment to minimise risk of mycotoxin which can cause excessively wet droppings. vi Minimise entry of disease organisms by implementing appropriate "National Standard" biosecurity measures as stated in the EIS prepared by Pooled Resources Pty Limited which accompanied the DA. vii That poultry houses are disinfected between cleanouts to minimise residual disease and that houses are dry before installing fresh litter. viii For larger scale mortality event the operator shall book the Jacks Gully Tip at Narellan or the Bedminster Compost facility at Port Stephens, being facilities designed to receive such waste and dispose of the dead birds from the site immediately. 8 NOISE MANAGEMENT 8.1 The operator shall ensure that the Truck Noise Management Plan prepared by DT Benbow of Dick Benbow & Associates Pty Limited dated August 2005 (released 11 August 2005) annexed hereto and marked "A" is strictly complied with. 8.2 The operator shall ensure: i That no unloading or loading activities are carried out at the north eastern ends of the poultry houses between 10pm and 7am. ii The diesel generator shall be treated or enclosed so that the noise level during operation shall not exceed 35dBA when measured at any affected residence or at any house site identified on Mepstead & Associates Pty Limited Drawing 4188. iii The mechanical ventilation of the poultry houses shall be regularly maintained and cleaned. iv Feed deliveries and other truck movements (apart from bird pick up where necessary) shall be minimised outside daylight hours. v Strobe lights are used on forklifts rather than a reverse alarm. vi Employees and contractors working on the site shall be advised to keep evening/night conversations quiet. vii Truck engines shall be turned off as soon as practicable. 8.3 The LAeq noise level emanating from the premises as measured over any 15 minute period shall not exceed: (c) 35 dBA between 6pm and 7am; and (d) 38 dBA between 7am and 6pm on any day at any affected residence or at any house site identified on Mepstead & Associates Pty Limited Drawing 4188. 9 dust management 9.1 Truck loads are not to be accepted on site or dispatched if they are not covered. 9.2 The surface of the roads on site are to be maintained so as to minimise additional dust. 10 Light MANAGEMENT 10.1 Lights used to illuminate the site for security and bird pick up must be angled or shielded so that they do not directly illuminate on any nearby sensitive land uses. 10.2 Truck and vehicle lights shall be turned off when a vehicle is not moving. 11 WATER MANAGEMENT 11.1 The operator shall: i Maintain the approved drainage system to ensure that erosion, sedimentation and nitrification of surrounding lands and fluvial systems will not result in runoff from the poultry farm. ii Comply with the Hydrological Management Plan prepared by Toby Fiander & Associates Pty Limited dated 30 June 2005. 12 PEST MANAGEMENT 12.1 the operator shall: i Ensure that all buildings, plant and equipment are designed and maintained to exclude vermin from the farm, sheds, water and feed. ii Ensure that all feed supplies and breeding sites used by pests are eliminated from the farm. For example, feed spills and carcasses must be cleaned up immediately and breeding sites and harbours are eliminated by keeping grass around sheds mown, the farm tidy and the environment as dry as possible. iii Routine (monthly) baiting for rats and mice is undertaken. iv Ensure that pest numbers are regularly monitored and targeted pest extermination programs are undertaken, maintained and monitored for effectiveness. v Pesticide use must meet the requirements of the Pesticides Act 1999 and associated Regulations and any amendment thereto. 13 chemical management 13.1 The operator shall ensure that: i All farm chemicals are stored, handled, applied and disposed of in accordance with labelled directions and the Pesticides Act 1999. ii Storage, transport and use of chemicals meet the requirements for protection of the health and safety of workers and visitors to the workplace and meet the Hazardous substances requirements laid down in the Occupational Health and Safety Regulation 2001 under the Occupational Health and Safety Act 2000 (administered by NSW Workcover). iii Chemical records covering the purchase or procurement of chemicals and details of their application are maintained for a period of at least 3 years. Records are to be available to the responsible authorities to confirm that chemical use meets regulatory requirements. Refer to the Pesticides Amendment (Records) Regulation 2001. iv All people applying chemicals on the farm have successfully completed training in safe use of chemicals (for example SMARTtrain Chemical Application course or Managing Chemical Use course). The operator shall keep records of all such training. v Sheds are closed during chemical applications to minimise off site chemical spray drift. Sheds are to be kept closed for the recommended time after spraying of toxic or odourous chemicals. vi There is no spray drift or run off from sprayed areas into adjoining properties. vii Minimise chemical use and choose chemicals with the lowest toxicity and water contamination potential. viii Where required use specialist contractors to supply and apply chemicals such as during farm clean out. 14 COMMUNITY LIAISION AND COMPLAINT management 14.1 The operator shall: i Inform neighbours of unusual events or problems that may affect their amenity, the timeframe of the impact and the mitigation strategies that have been initiated. ii When a complaint is made, gather relevant evidence and identify and implement strategies to remedy the problem to the satisfaction of the complainant. Inform the complainant of the outcome of the investigation and any actions taken to avoid recurrence of the problem including, if necessary, the obtaining of expert advice and implementation of the recommendations. iii Record full details of complaints received, results of investigations and corrective actions in a complaint register. iv Record significant operational activities on the farm. v The operator will take steps to address the complaint and will notify the Council of the complaint and the steps taken by the operator. vi In the event of a dispute, the operator will participate in any meeting or mediation process suggested by the Council. 15 log book 15.1 The operator shall keep a record of the following information: i When chickens are delivered and picked up at the poultry farm, and how many chickens are in each delivery and pick up. ii The number of deceased chickens disposed of from the poultry farm. iii Details of deliveries or picks up including time and pickup from the poultry farm, together with a notation that the operator has informed the driver of the requirements of the Truck Noise Management Plan. iv Copies of any written warnings referred to in clause 2.2 above. v All monitoring referred to in 4 above is to be recorded as being carried out and details of who carried out such monitoring is to be recorded. vi Date of servicing of all farm equipment (including but not limited to fans, cooling pad systems, generators, feeder lines) including details of work carried out. vii Date that routine baiting for rats and mice is undertaken. viii Monitoring of pest numbers and date extermination programs undertaken. ix Record chemical applications, including date and time of application and identify the chemical. x Record training of employees/contractors in chemical application as identified in 13.1 iv. xi Record internal temperature of poultry house at 9am, noon and 7pm each day. 15.2 The records shall be available for inspection by the Council. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.