Multiple noise monitoring inspections were undertaken by Authorised Officers between October and November 2021. These monitoring inspections occurred on 9 October, 17 October, 24 October, 3 November and 6 November 2021.
29 October 2021: officers attended the site and discussed erosion and sediment control matters with Motoland staff. This site inspection was a direct response to complaints made in relation to stormwater contamination of Sandy Creek due to the ongoing earthworks and the additional tracks created.
18 November 2021: under the Environmental Protection Act 1994 (the Act) an environmental protection order (EPO) was issued to Motoland Pty Ltd.
21 November 2021: a request from Motoland’s lawyers regarding an extension to requirements listed within the EPO to 31 January 2022.
26 November 2021: Council agreed to an extension of 14 days to requirements listed within the EPO.
9 December 2021: Council received a request Motoland’s lawyers regarding an extension and/or amendment to requirements listed within the EPO.
15 December 2021: Council agreed to an extension of 3 days and some minor amendments to requirements listed within the EPO and updated the EPO.
24 December 2021: Council received a request from Motoland’s lawyers regarding an extension to requirements listed within the EPO. Council is currently awaiting further details from Motoland’s lawyers before determining this request.
The EPO is available here.
Motoland responded to the EPO on 24 January 2022 by providing various reports. The response to the EPO is available here.
Council officers' have reviewed these reports and have made the determination that further actions are required by the operator to remedy the environmental nuisances. This is in the form of a new EPO.
The Council officers' report on the response to the EPO is available here.
The EPO is available here.
The EPO's issued to the operator, are a written statutory tool to undertake specific actions within specific time frames to remedy environmental nuisance and prevent further harm. The EPO sets out reasonable requirements and actions that the operator is required to complete. These requirements and actions will address the non-compliances that have led to the EPO.
To assist with awareness, the following plain language summary of the EPO has been prepared.
1. Motoland are required to construct two acoustic barriers. The barriers are to be 5 metres high from natural ground and require design before it can be constructed. The barriers are to be located adjacent to:
- Holdworths Road; and
- 139 Robin Street.
2. For the barriers mentioned in 1. above, Motoland is required to lodge the necessary operational works within 20 business days of receipt of the revised EPO. The construction of these barriers are be completed within 60 business days from the issuing of Council’s operational approval. Until this work is complete, the number of motorbikes operational at any one time shall be restricted to 20 on the main track.
Note: It is noted that this step has been delayed owing to flood impacts.
3. Motoland are not to use the existing large water truck, tractor and D3 dozer. Instead, machinery such as the posi-track and small water truck that have less noise impacts are to be used on all tracks.
4. The requirements for conducting track maintenance work shall be as follows:
- Must not carry out track maintenance works that makes an audible noise at a residence before 8.00 am or after 5.00 pm
- Cannot make a noise of more than 5dB(A) above the background level from the closest residence from 8.00 am to 5.00 pm
The water pumps must not be used in the following circumstances:
- before 7.00 am, if it makes an audible noise at a residence; or
- from 7.00 am. to 7.00 pm, if it makes a noise of more than 5dB(A) above the background level; or
- from 7.00 pm. to 10.00 pm, if it makes a noise of more than 3dB(A) above the background level; or
- after 10.00 pm, if it makes an audible noise at a residence
5. Motoland must ensure that motorcycling activity being undertaken is as follows:
- Between 5.00 pm and 8.00 am does not make an audible noise; and
- Between 8.00 am to 5.00 pm does not make a noise of more than 70B(A)(leq) at the boundary of a residential property.
6. Motoland is to conduct dust monitoring due to the original response to the EPO being inadequate. The best time for dust monitoring to be conducted would be in the wintertime when the weather is dryer, however, Council requested earlier monitoring.
Note: It is noted that this step has been delayed owing to flood impacts.
7. Motoland is to engage a suitably qualified person (e.g. sound engineer) to undertake sound monitoring of the site for a period of 18 months. This is to include, at minimum:
- free-field measurements (e.g. with sound monitor); and
- noise loggers located within Motoland property but at the property boundary.
A report is to be provided to Council every 3 months, providing the data and analysis. This report is to include an analysis of the results, as well as recommendations to be implemented to ensure compliance with the Environmental Protection Act.
The following information is in regards to the amendment of the new EPO as at 26 May 2022. Council has amended the Environmental Protection Order with relevant timeframes and requirements given the current circumstances.
These are essentially minor changes or omittances which provide a fair representation of the outstanding requirements of the EPO yet with clarity and technical specificity so that the outcomes are resolute.
Please see below amendments:
- Council requires a noise monitoring report for the below timeframes. This is to ensure that there is clarity for when noise reports are to be submitted. Even if there has been limited activity since the last EPO on 11 February 2022, any data that is recorded, interpreted and subsequently submitted to Council will be able to provide context as to what (or if) activities were occurring on site for a particular time. The noise report submittal dates are as follows:
- 20 May 2022
- 20 August 2022
- 20 November 2022
- 20 February 2023
- 20 May 2023
- 20 August 2023
- From 24 May 2022, and until such a time that the installation of the noise control measures required for the site are completed and deemed appropriate by Council, motorcycling activity will not be permitted on site unless the activity can be demonstrated by an acoustic report which deems that the activity will not cause a nuisance in the absence of acoustic barriers.
- Earth mounds or acoustic fences - To be constructed of materials that are consistent with the technical specifications of document, ‘Transport and ‘Main Roads Specifications – MRTS15 Noise Fences’.
- By 30 September, the dust monitoring inspections and subsequent report are to be completed. As the end date for the completion of earthworks is unknown at this time, Council has decided that four months should be a reasonable indicator for completion.
As the Op Works application has been submitted, we have omitted this requirement from the notice.
The updated EPO can be found here.
Council has updated/amended the EPO issued on the 24 May 2022 following a request from Motoland to reflect the current operation and circumstances. The change is essentially a minor change and provides a fair representation of the outstanding requirements of the EPO.
Please see below amendments:
New Requirement
(i) Upon the completion of the operational works for the installation of the acoustic barriers and applicable remedial works, Motoland Pty Ltd, must engage a suitably qualified person (e.g. acoustic engineer) to install 3 noise loggers at the boundary of the site. The exact locations of the noise loggers must be submitted to Council via a site map prior to any operational activity to determine suitability of the locations. The noise logger locations will be inspected by Council prior to the commencement of any operational activity on site post operational works.
Continuous sound monitoring must be undertaken for all activities on site over 18 months from the date of commencement. Motoland must submit to Council the findings of the sound monitoring, every three months from the date of commencement or when otherwise requested by Council.
Sound monitoring must include a noise logger at the boundary of the following general locations (but not limited to) listed below:
139 Robin Street, Chuwar
26 Coal Road, Chuwar
2 Blackwall Road, Chuwar
Note: Suitably qualified person means a person who has demonstrable professional qualifications, training, skills and/or experience relevant to the nominated subject matter and can give authoritative assessment, advice and analysis on performance relating to the subject matter using the relevant protocols, standards, methods, or literature.
Previous Requirement 1 from EPO dispatched on 24 May 2022.
(i) By 20 February 2022, Motoland Pty Ltd, must engage a suitably qualified person (e.g. acoustic engineer) who must conduct continuous sound monitoring of all the activities on site for 18 months and submit to Council the findings of the sound monitoring, every three months or when otherwise requested by Council.
Sound monitoring must include (but not limited to) a sound level meter and a noise logger from the boundary at the following locations (but not limited to) listed below:
139 Robin Street, Chuwar
26 Coal Road, Chuwar
2 Blackwall Road, Chuwar
For clarification as to when Noise Monitoring Reports are to be submitted, please see the below dates:
- 20 May 2022
- 20 August 2022
- 20 November 2022
- 20 February 2023
- 20 May 2023
- 20 August 2023
The updated EPO can be found here.
