To Whom It May Concern,
I am writing as a resident and concerned community member to formally object to the proposed Modification 7 (MOD-7) to State Significant Development Application SSD-5544, concerning the Kurnell Terminal operated by Ampol Australia Petroleum Pty Ltd.
While I understand the need for ongoing maintenance and upgrades of industrial infrastructure, I am deeply concerned about the cumulative environmental, health, and social impacts the proposed works would have on our local community and surrounding environment. This is especially important given the historical and cultural significance of the Kurnell peninsular. My key objections are outlined below:
1. Increased Health and Safety Risks
The relocation and upgrading of the firewater system (FWS), demolition of redundant infrastructure, and disturbance of contaminated soil—including asbestos—pose unacceptable health risks. The proximity of these works to residential areas raises serious concerns about air quality, dust and the potential release of hazardous materials into local stormwater catchments and the ground water.
I am also particularly concerned with the proposal to just ‘cap off’ areas with hazardous waste rather than fully remove and remediate the areas.
The remediation measures are not adequately addressed especially in light of the recent diesel fuel spill that inundated residential homes and flowed into nearby stormwater catchments.
2. Noise and Vibration Impacts
The Noise and Vibration Impact Assessment predicts exceedances of acceptable noise thresholds, particularly during construction near Zone 1A. Given the close proximity to homes and community spaces, the proposed works would likely cause excessive disruption to daily life and wellbeing.
3. Traffic Impacts
The proposed works will add a significant amount of traffic to Captain Cook Drive which is a single carriageway and already gets clogged with heavy vehicle traffic particularly from the industrial facilities on the Kurnell peninsula. Not to mention the increased road surface deterioration due to heavy vehicle traffic and increased rubbish accumulation.
4. Biodiversity and Habitat Loss
The Biodiversity Development Assessment Report acknowledges the direct loss of 5.36 hectares of native vegetation and habitat for threatened species such as the Giant Dragonfly and Southern Myotis. While offsets are proposed, these do not compensate for the long-term degradation of local ecological values.
5. Lack of Genuine Community Consultation
The community was given only a couple of weeks to review thousands of pages of very technical reports that detail Ampol’s proposed works. This is not enough time for residents to review and provide responses. The engagement process described in the report is very limited and inadequate. The voices of local residents, Indigenous communities, and environmental advocates must be more robustly included in the planning process. Modifications of this scale require meaningful, ongoing, and transparent consultation—not simply notification with minimal review time.
6. Lack of Trust in Ampol
I have lived in Kurnell for close to 40 years and there are many examples where Ampol (and its various iterations) have breached the communities trust. Refer below (non-exhaustive list):
• Diesel fuel spill during flooding event in 2022.
• Many instances of excessive odours
• Many instances of excessive noise
• The selling of redundant land without community knowledge to the private sector
Given Ampol’s track record, I am not satisfied that the proposed terminal works will be completed in a safe and environmentally responsible manner.
7. Cumulative Environmental Burden
This modification is yet another addition to a long list of changes that continue to degrade the local environment and add industrial intensity to the Kurnell Peninsula. It is disappointing to continually see heavy industry further entrench itself in a place with such historical and cultural significance. The cumulative impacts on health, safety, traffic and pollution are unacceptable.
8. Future Land Use Concerns
The proposed grading and remediation are framed as preparing the land for future uses, yet no clarity is provided regarding what these uses may be. This raises concerns about further industrial intensification without appropriate planning or public input. I strongly urge the Department to consider re-zoning the Ampol land to non-industrial uses as the current zoning is what is allowing for all this work to happen.
In light of these concerns, I respectfully urge the Department to refuse the approval of SSD-5544 MOD-7. The risks and impacts outlined above cannot be justified, and a more balanced, environmentally sustainable approach must be adopted for the future of Kurnell and its residents.
Sincerely,

The ‘Save Kurnell’ community group strongly opposes MOD 7
Save Kurnell represents residents, families, and stakeholders committed to protecting Kurnell's health, safety, environment, and heritage.
Since the 2014 refinery closure, we've seen our community begin to thrive. Once home to retired fisherman and oil refinery workers, Kurnell started to gain appeal as an affordable beach side suburb – with out the toxic chemicals being emitted by the giant ‘gas flare’ which Kurnell was known by. Many locals associated the flare with pollution, toxic emissions, and environmental harm, as burning gases released carbon dioxide, soot, and other chemical by-products into the air. The noise and visual impact of the flare were constant reminders of the refinery’s presence and its risks.
After the refinery closer in 2014, Kurnell saw an influx of young families who wanted to take advantage of the affordable beach side suburb nestled between Kamay Botany Bay National Park and its extension – Bonna Point and Towra Point Nature Reserve. With its natural recreational activities the village demographic started to change.
For the first time in many years Kurnell experienced pre-school waitlists and significant National and State investments ($78M Kamay Wharves, $50M Gamay Visitor Centre, $10-15M promenade).
Destined to be an international tourist hotspot (1M+ Kamay visitors/year, NPWS data) Mod 7 abandons full cleanup for capping toxins, risking the health, safety, environment and heritage of Kurnell, the Kurnell Community, Tourists, Small Businesses and broader Sutherland Shire and Sydney.
The original approval mandated off-site removal. Mod 7 completely changes the way that toxic chemicals will be dealt with by capping the following chemicals:
Chemicals:
o Asbestos (the only chemical listed in AMPOL's fact sheet)
o Petroleum hydrocarbons comprising
o Total recoverable hydrocarbons (TRH)
o Benzene, toluene, ethylbenzene, xylenes and
o naphthalene (BTEXN)
o PFAS
o Heavy metals (As, Ni, Cu, Zn, Pb, Hg, Cd, Cr)
o Arsenic (As)
o Nickel (Ni)
o Copper (Cu)
o Zinc (Zn)
o Lead (Pb)
o Mercury (Hg)
o Cadmium (Cd)
o Chromium (Cr)
o Organochlorine and Organophosphorus (OCP and OPP) Pesticides
o Phenols
o Polychlorinated Biphenyls (PCBs)
o Volatile Organic Contaminants (VOCs) and Semi Volatile Organic Contaminants (SVOCs)
Review 'Appendix G - Technical report - Soils, Groundwater and Contamination’.
These untreated chemicals will directly run off into the Ramsar protected ‘Towra Point Nature Reserve’, into our ground water and into Botany Bay which is already is already in terminal decline. What about the goals to clean up the Bay and improve water quality?
We strongly object under the Environmental Planning and Assessment Act 1979 (EP&A Act, Section 4.55) and the Australian Oil Refining Agreements Act 1954 (No. 34, p.33—public health; p.27—no harmful discharge).
E5 Zoning will be the only type of zoning allowed on the proposed site enabling Ampol to cut costs and monetise profits over health and safety (Kurnell Energy and Industry Precinct/BESS/Sustainable Aviation Fuel, and more to come). What are we trying to say to our international visitors when they visit the Kurnell peninsula? Where is the care for our community, culture and environment?
Ampol's use of outdated policies/legislation invalidates the assessment, the reports must be rejected.
Key examples:
AR&R: Used 2019; should use v4.2 (August 2024). Gap: Lacks climate projections for storm intensity. Critical: Underestimates flood/leak risks to bay (Figure 7-5, Page 111), endangering Ramsar wetlands/health.
NEMP: Used 2020; should use v3.0 (June 2023). Gap: Omits tighter PFAS thresholds/bioaccumulation. Critical: Downplays cancer risks from capping (Section 4, Page 60), violating Act 1954 p.33.
CLM Act: Referenced 1997 (2023 amendments); should use November 2024. Gap: Misses mandatory audits for capping. Critical: Enables self-monitoring (Appendix G, Page 8), diluting accountability in disasters.
POEO Act: Referenced 1997 (2023); should use March 2025. Gap: Lacks enhanced pollution reporting. Critical: Ignores discharge penalties for bay contamination, as in 2022 spill (EPA $700K fine, Sept 2023).
The utilisation of outdated policies highlights the extensive gaps which breach the EP&A Act which advocates transparency. The this lack of transparency downplays risks, to the environment, community & cultural heritage, therefore, the reports must be discarded for non-compliance.
Community Consultation:
The MOD 7 submission documentation clearly states that there was community consultation in the following ‘Community Updates’:
April ‘24
October ‘24
February ’25.
We have included these as attachments as there is NO reference to MOD7 or the plan to ‘Cap’ the land and allow additional untreated water into ‘Towra Point Nature Reserve’.
The attached ‘Ampol fact sheet’ which was only issued to the community on 28th July 2025 after community outrage omits the health and safety risks, the environmental risks and risks to biodiversity, cultural, zoning lock in, etc. The ‘Save Kurnell’ community advocacy group also created a retort to this fact sheet – stating important information was omitted which would not allow the community to make an educated, considered & informed decision.
The ‘Save Kurnell’ committee group strongly opposes MOD 7.
Reject Mod 7: Enforce off-site removal. Kurnell is not an industrial wasteland.
Kurnell is a place of strong historical cultural significance, sensitive ecosystems and a community which deserves to be treated with respect.
Kurnell's safe, vibrant future depends on it.

Sincerely,

Save Kurnell Community Group

Attachments:
- Image of incorrect the completion of the MOD7 Application form surrounding critically endangered species. The untreated run off into ‘Towra Point Nature Reserve’ which hosts critically endangered species is a requirement for this to be observed on the application form.

- Image of incorrect the completion of the MOD7 Application form - No requirement to contact Fisheries or the Heritage Council. The untreated run off into ‘Towra Point Nature Reserve’ which affects the catchments, waterways and coastal shore line (home to aboriginal heritage) would require this to be observed on the application form.
- PDF document of Proposed Projects within a 1km radius of the proposed MOD 7 application – MOD7 should not be discussed within isolation of these proposed projects.
- Video of contamination running into the stormwater drain which runs directly into Towra Point Nature Reserve – taken on 7th April 2022. Language warning – author unknown.
- AMPOL ‘Community Updates’: circulated by haphazard letter box drops – with no mention of plan to ‘cap’ and remove storm water /oily water treatment.
o April ‘24
o Oct ‘24
o Feb ‘24
- Screen shot of alledged ‘community consultation efforts’ extracted from MOD7 report.
- Mangrove die off image since April 22 9000 litre diesel fuel spill
- Outdated Policies Table
- Ampol’s Mod 7 ‘Fact Sheet’ issued 28th July 2025.
- ‘Save Kurnell’ response to MOD 7 Fact sheet.