Welcome to the New South Wales EPA

In the state of New South Wales rail operators are required to hold an Environment Protection Licence issued by the NSW Environment Protection Authority. The licence for interstate rail freight is held by the Australian Rail Track Corporation, in their role as track access provider.

But the licence includes restrictions on the classes of locomotive allowed to operate on the ARTC network in New South Wales.

L2 Noise limits

Note: It is an objective of this Licence to progressively reduce noise impacts from railways systems activities to the noise level goals of 65 dB(A)Leq, (day and evening time from 7am – 10pm), 60 dB(A)Leq, (night time from 10pm – 7am) and 85dB(A) (24 hr) max pass-by noise, at one metre from the facade of affected residential properties.

The licensee must obtain approval from the EPA prior to permitting operation on the “premises” of:

1. a class or type/model of locomotive, whether new or existing, that is not included in Condition E2; or
2. a locomotive that has been substantially modified since it was last used on the licenses premises.

A new class of locomotive type/model previously approved under Condition L2 may be brought onto the rail network without further approval provided that it is consistent with that type/model and EPA is notified at least 7 days in advance. Condition E2 will then be updated at the next opportunity.

Note: EPA approval for a new locomotive will be granted on the basis of compliance with the locomotive noise limits in Condition L2.5, L2.6 and L2.7 and will require submission of noise test results from a representative number of locomotives from that class or type/model.

A schedule of approved locomotives also appears, their inclusion via different approval paths:

• Locomotives which operated into New South Wales before the 1980s are permitted as they were “introduced prior to approval process”,
• Locomotives introduced during the 1990s were “approved under previous legislation”,
• Newer locomotives from the 2000s have underwent a EPA class approval process,
• And the modern plague of Downer EDI Rail GT46C ACe and UGL Rail C44aci locomotives are type approved, so their different class designations don’t matter from an EPA perspective.

But for rail freight operators there is still a stumbling block – encountered by interstate locomotives that never operated into New South Wales before the EPA rail noise regulations were introduced.

Enter the Queensland Railways 2800 class

The Queensland Railways 2800 class are diesel locomotives introduced in 1995 to run freight trains on the narrow gauge network in Queensland.

Photo by Pytomelon87, via Wikimedia Commons

But from 2003 Queensland Rail expanded interstate as QR National, and decided to put one of the 2800 class onto standard gauge.

But there was a problem – the locomotive didn’t meet NSW noise standards, despite noisier locomotives already being permitted under the legacy approval path.

Aurizon (formerly QR National) initially applied to operate the 2800 class locomotives in NSW in 2006. This initial application was made for the locomotive using the original (as-supplied) transition muffler and coffin muffler. At this time, permission to operate in NSW was refused on the basis of noise emissions.

Subsequently, modifications were made to the transition muffler, improving its performance, and Aurizon again applied to the EPA for permission to operate this class in early 2012. The locomotive was again refused permission to operate by the NSW EPA on the basis of low-frequency noise emissions.

So modifications were made to the exhaust – and the test passed.

The EPA has subsequently approved this locomotive class (rebadged as the 3200 class) for use in NSW, stating that “Based on the information provided, the EPA considers that the noise performance of the 3200 class locomotive is consistent with current best practice in NSW.”

With the three modified locomotives now able to operate in NSW.

And the one-off diesel GML10

GML10 is a one-of-a-kind diesel locomotive, built in 1990 for the Goldsworthy Mining Company to operate iron ore trains in the Pilbara region of Western Australia.

J Joyce photo via Rail Heritage WA

In 1994 it was sold to Comalco to operate on their bauxite railway at Weipa in Queensland, then sold again in 2009 to Australian Locolease who resold it to Qube Logistics, who operate it on standard gauge freight trains across Australia.

But there was a problem – GML10 had never operated in New South Wales to be approved under the legacy approval path, and as a one-off locomotive, going through the onerous noise approval testing process doesn’t make financial sense.

So Qube’s solution – drag the locomotive dead attached through New South Wales.

A waiver to the published conditions in the ARTC Train Operating Conditions Manual is granted for the movement of GML10 from Broken Hill to Albury via Parkes and Junee ARTC network in NSW. GML10 to be dead hauled at all times.

Or turn off the locomotive before it crosses the border into NSW, and park it in the yard at Albury!

A tactic that bit Qube on their behind in 2017, when a failed train had to be rescued, and GML10 was the only locomotive available to assist.

As a result, Qube sought special permission from ARTC to operate the locomotive over the 2500 metres from the NSW/Victoria border into Albury yard.

A waiver to the conditions of the ARTC TOC Manual is issued for the movement of Locomotive GML10 from the Vic/NSW border into Albury yard under its own power.

Locomotive GML10 is required to be attached to a disabled grain train in Albury. There is no other practical method of movement.

Conditions of movement:

1. The engine of GML10 shall be run for the minimum practical time to SAFELY complete the relocation movement.
2. The movement shall be completed using power setting no greater than notch 2.
3. Movement shall be carried out in daylight hours, 0800 – 1800, to minimize impact on receptors.
4. Once attached to the train GML10 shall be shut down and hauled past the border prior to restarting.
5. Conditions of TOC Waiver 15113 shall re-apply after this movement is complete.

A comical situation, especially given unmodified diesel locomotives from the 1950s are allowed through New South Wales making as much noise as they please.

Footnote: the Border Railway Act

Another complexity on rail noise regulations is the broad gauge railway that crosses the Murray River at Echuca and continues north to Deniliquin in New South Wales.

The railway is operated as an extension of the Victorian rail network.

And is governed by the 1922 Border Railways Acts, with New South Wales passing control of the railway to Victoria.

Control and management of certain railways by Government of Victoria

The Government of Victoria shall, subject to the agreement, have the right to control and manage any railway in New South Wales referred to in the agreement, and the Victorian Authority may, in respect of such control and management, exercise all the powers which are by law conferred on the Victorian Authority in respect of railways in the State of Victoria.

Including what I see is authority to power to set their own rail noise regulations.

Schedule 1 The Agreement

The Government of New South Wales undertakes to vest in the Government of Victoria any authority necessary to sanction the working of any railway or railways under this Agreement in New South Wales territory, including collection and enforcement of fares and freights, and the vesting of the control and management of the lines in the State of Victoria.

So presumably a new-build broad gauge diesel locomotive could operate on the Deniliquin line without issue – assuming one was actually built!

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