gas import jetty and pipeline project€¦ · project ( the project) and the environment effects...

INQUIRY & ADVISORY COMMITTEE

Gas Import Jetty and Pipeline Project Date of Report: 24 September 2020 Report prepared for AGL Wholesale Gas Limited and APA Transmission Pty Ltd Report prepared by Andrew Biacsi

© Contour Consultants Aust Pty Ltd The information contained in this document is confidential and intended solely for the use of the client identified in the report for the purpose for which it has been prepared and no representation is made or is to be implied as being made to any third party. Use or copying of this document in whole or part without the written permission of Contour Consultants Aust Pty Ltd constitutes an infringement of copyright. The Intellectual property contained in this document remains the property of Contour Consultants Aust Pty Ltd.

INQUIRY & ADVISORY COMMITTEE

Gas Import Jetty and Pipeline Project Date of Report: 24 September 2020 Report prepared by Andrew Biacsi

Contents

1 Introduction ............................................................. 3

2 Instructions & information relied upon ................ 4

3 Facts, matters and assumptions .......................... 6

4 Summary of key issues, opinions and recommendations .................................................. 7

5 Consideration of Chapter & Technical Reports . 11 5.1 EES Chapters 1 - 5 ....................................... 12 5.2 EES Chapter 17 - Land Use ........................ 16 5.3 EES Chapter 20 - Agriculture ..................... 23 5.4 Chapter 25 --- Environmental management

framework .................................................... 24 5.5 Summary ...................................................... 48

6 Review of Submissions ........................................ 49 6.1 Preamble ...................................................... 49 6.2 Amenity ......................................................... 49 6.3 Port use ......................................................... 51 6.4 Health and well-being (Social) ................... 52 6.5 Visual impacts .............................................. 53 6.6 Economic considerations ........................... 55 6.7 Other matters ............................................... 57

7 Review of mitigation measures and key documents ............................................................. 58 7.1 Mitigation measures ................................... 58 7.2 Incorporated Document & PSA .................. 59 7.3 Works Approval Applications ..................... 62

8 Expert Witness Declaration ................................. 63

Gas Import Jetty and Pipeline Project Contour Consultants Aust Pty Ltd 3

1

1 Introduction

1 I have been jointly engaged by Ashurst Lawyers, on behalf of AGL Wholesale Gas Limited (AGL) and by Hall & Wilcox Lawyers, on behalf of APA Transmission Pty Ltd (APA) as an expert town planner to prepare a statement that sets out my opinion and analysis in relation to the strategic planning issues relating to the Gas Import Jetty and Pipeline Project (the Project) and the Environment Effects Statement prepared for the project.

2 Section 8.0 of this statement provides an outline of my professional qualifications and experience in accordance with the relevant G2 Guide to Expert Evidence (April, 2019).

3 I acknowledge that Tim McBride-Burgess, also a Director at Contour Consultants (Aust) Pty Ltd has been engaged by Ashurst and Hall & Wilcox, on behalf of AGL and APA respectively, to address the town planning impacts of the Pipeline Works component of the Project.


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2 Instructions & information relied upon

4 I am instructed in this matter jointly by Ashurst and Hall & Wilcox on behalf of AGL and APA respectively.

5 My instructions are in writing and dated 6 July 2020.

6 In summary, I have been requested to:

• provide my analysis and opinion on the aspects of the Project relating to town planning (strategic planning and macro-impacts).

• prepare an expert witness statement which addresses various matters set out in the brief;

• review any public submissions filed during the public exhibition period which raise issues relevant to my witness statement;

• identify any further information relevant to my assessment, which I require to complete this expert witness statement;

• appear as an expert witness at the Hearing of the Project;

• if required to do so, attend a conclave with other experts in my field of expertise who are giving evidence in the Hearing; and

• if I consider necessary, attend a site visit of the areas relevant to my witness statement in advance of the Hearing.

7 In preparing this witness statement I have also been requested to:

• consider the relevant evaluation objective in the Scoping Requirements and provide my opinion and analysis regarding the Chapter and Technical Report relevant to my area of expertise;

• include a section summarising the concerns raised in the public submissions that are relevant to my area of expertise and my opinion in response to those concerns; and

• provide any recommendations I may have in relation to the mitigation measures proposed in the Environment Effects EES and outlined in Chapter 25 --- Environmental Management Framework and the Key Approval Documents.

8 The key documents and materials that I have used or had regard to in preparing this statement include (but are not limited to) the following:

• My written instructions dated 6 July 2020 and accompanying brief;

• The documents referred to and provided to me in the brief;

• The EES and Key Approval Documents (the Draft Planning Scheme Amendment and Works Approval Applications) referred to in the brief and exhibited as part of this process;

Gas Import Jetty and Pipeline Project Contour Consultants Aust Pty Ltd 5 2 Instructions & information relied upon

• The Crib Point to Pakenham Pipeline EES Mapping tool prepared for APA;

• The Mornington Peninsula Planning Scheme (MPPS);

• Plan Melbourne (2017 -2050) & Addendum (2019);

• Port of Hastings Port Development Strategy 2018;

• Mornington Peninsula Localised Planning Statement, 2014

• Port of Hastings Land Use and Transport Strategy 2009;

• Relevant strategy and policy documents;

• Relevant Ministerial Directions; and

• Other documents variously referred to in the statement.

9 Due to COVID-19 Stage 4 restrictions, I have been unable to undertake a site inspection of the port facilities and surrounding environment. I have instead relied upon the material provided with the brief, aerial photography and APA’s mapping tool.

10 I expect that at some point in advance of the Hearing, I will be given the opportunity to undertake a site visit.


3

3 Facts, matters and assumptions

11 The facts, matters and assumptions I have relied upon in preparing this witness statement include the following:

• The Project works consist of two key components :

− the Pipeline Works which are to be developed by APA; and

− the Gas Import Jetty Works which are to be developed by AGL.

• The Pipelines Act 2005 (Vic) exempts pipelines from the requirement for approval under the Planning and Environment Act 1987 where a Pipeline Licence is issued.

• The Pipelines Act 2005 does not apply to a pipeline which is wholly within a port.

• The Pipeline Works, which are largely located outside the port area, will be subject to a Pipeline Licence under the Pipelines Act 2005.

• As the Gas Import Jetty Works would be entirely located within declared Port of Hastings land, the gas piping and other associated jetty infrastructure on the jetty and Crib Point Receiving Facility cannot be licensed under the Pipelines Act 2005. This means the exemption from approval under the Planning and Environment Act 1987 is not applicable.

• The Gas Import Jetty Works (including the floating storage and regasification unit (FSRU)) will require planning approval via a planning scheme amendment (PSA) to the MPPS.

• The Project is one of State and regional significance.

12 The focus of my assessment is directed at the component of the Project requiring planning approval, being the Gas Import Jetty Works generally occurring within Land Use Segment 1 as outlined in the Land Use Impact Assessment at Chapter 17 of the EES.


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4 Summary of key issues, opinions and recommendations

13 I am instructed to undertake an analysis and outline my opinion on the aspects of the Project relating to town planning with particular focus on the strategic (macro) planning impacts.

14 The focus of my assessment relates to the Gas Import Jetty Works component of the Project and principally from a land use perspective. It is this component of the Project that requires a PSA to the MPPS.

15 The following summarises key issues and opinions relevant to my assessment.

Responsible authority status for the Project

16 The Project is said to be of State and regional significance and proposed on land that is included in and forms part of a Port recognised by the MPPS as a State Significant Industrial Precinct and Transport Gateway.

17 In my opinion, it is appropriate for the Minister for Planning to be the responsible authority for the Project under the MPPS and for administering the Incorporated Document to facilitate the delivery of the Project.

Strategic significance of the Port of Hastings

18 The strategic significance of the Port of Hastings is recognised in the MPPS and throughout various policy and strategy documents including Plan Melbourne, Port of Hastings - 2018 Port Development Strategy, Hastings Port Industrial Area Land Use Structure Plan (1996) and the Mornington Peninsula Localised Planning Statement (2014).

19 Local policy also acknowledges the strategic significance of the Port of Hastings and its long term potential for attracting port-related land use and developments that depend upon or gain significant economic advantage from access to the natural deep water channels in Western Port.

20 In my opinion, it is appropriate from a land use planning viewpoint that the potential afforded by the Port of Hastings to accommodate the Project at Crib Point should be seriously entertained as it is aligned with the strategic planning that has secured the designation and significance of the Port as an important infrastructure asset to the State.

21 It is aligned with the Port of Hastings - 2018 Port Development Strategy which acknowledges that the focus of Crib Point will continue to be on bulk liquids and gases with pipeline connections to major storage and distribution outlets.

22 The Port of Hastings is a designated State-significant transport gateway in Plan Melbourne where future employment and economic development opportunities are to be supported and strategic assets such as the Port of Hastings will be encouraged to keep generating

Gas Import Jetty and Pipeline Project Contour Consultants Aust Pty Ltd 8 4 Summary of key issues, opinions and recommendations

economic activity, jobs and future growth.

23 Plan Melbourne also acknowledges environmental and biodiversity assets including key features of international and national significance such as the Ramsar-listed wetlands and the Western Port Biosphere Reserve that are to be acknowledged and protected as places of significant environmental value.

24 The Mornington Peninsula Localised Planning Statement acknowledges the strategic significance of the Port of Hastings and the care needed in the planning and management of the area for port and port related purposes to ensure the protection of important values and resources of Western Port for recreation, nature conservation and tourism.

Land use intensification

25 In my opinion, the intensification of land use in the Port Zone at Crib Point for the purpose of a LNG Import Facility as proposed is acceptable in strategic planning terms having regard to the planning provisions that have been in place to guide and protect the planning, development and operation of the Port and the furtherance of its acknowledged potential.

26 The Port Zone recognises the activities of the Port of Hastings and in particular those at Crib Point Jetty which has long been used for the port-related purposes and more particularly, bulk trade in liquid fuels.

27 The Port of Hastings serves international shipping operations including the import and export of products such as crude oil, ethanol, liquefied petroleum gas (LPG) and steel. It also provides connection to oil and gas offshore platforms, import and processing facilities and connection to Victoria’s oil refineries via pipeline.

28 The application of the Port Zone in concert with the operation of the Special Use 1 Zone (Port Related Uses) serves to put in place the necessary buffers and other measures to mitigate the prospect of unintended or adverse land use compatibility conflict between the Port and other land uses.

29 To the extent that there may be a diminished level of opportunity or access to certain parts of the foreshore in proximity to the Crib Point Jetty (including the Victorian Maritime Centre) during both the construction and operation of the LNG Import Facility, mitigation measures are proposed to assist with the community’s understanding and acceptance of the changes planned.

30 In my opinion, as a matter of principle, the intensification of a port-related land use that is consistent with the role and functioning of the Port, is a State significant project, that is strategically important and aligned the long term planning of the Port area, is acceptable in strategic planning terms.


Built form intensification

31 In my opinion, the built form changes proposed by the Gas Import Jetty Works coupled with the increased presence of vessels moored at the Crib Point Jetty are unlikely to generate unreasonable visual or related amenity impacts.

32 In general terms, the infrastructure itself is well buffered or screened from the nearest township settlements. In my opinion, the prospect of additional sky glow attributed to the vessels moored at the jetty, the jetty infrastructure itself or other land based structures such as the Crib Point Receiving Facility are unlikely to generate unreasonable impacts.

33 Mitigation measures are proposed to assist in ameliorating any potential visual impacts arising from the construction and operation of the LNG Import Facility.

Amenity impacts

34 The potential amenity impacts arising from the Crib Point Jetty Works component of the Project and identified in many of the submissions broadly cover matters such as noise, vibration, dust, air quality, lighting (at night) etc. and impacts related to increased activity associated with the Port including trucks, cars, transport of waste etc.

35 Detailed assessments have been undertaken of the various amenity risks and mitigation measures recommended to safeguard the achievement of an acceptable outcome on all counts.

36 I am accepting of the fact that appropriate expertise necessary to address the matters raised has been engaged and the work undertaken to inform the outcome of the EES process.

Environmental impacts

37 The value attributed to the environment and Western Port’s ecosystem amongst other things, by those submitters who have questioned the suitability of the proposed LNG Import Facility at Crib Point and its compatibility with the environment on a range of grounds, is understandable.

38 I am unable to comment upon the veracity of the submissions, the adequacy of the impact assessments in response or the acceptability of the proposal from a strictly technical environmental viewpoint.

39 I do acknowledge that the legal and policy framework, including planning policy, calls for a thorough investigation of the potential environmental effects of the Project and this is reinforced by the accepted values and sensitivity attributed to the environment of Western Port Bay.

40 It remains for the various environmental impact assessments and technical evidence to demonstrate the acceptability of the proposed


facility in the Port and that the likely impacts and mitigation measures sought to be implemented are acceptable and effective in delivering the necessary certainty.

PSA and Incorporated Document

41 In terms of the planning approval required for the Gas Import Jetty Works under the MPPS, the PSA is required to streamline the coordinated approval of the Project by introducing a single, site specific planning control. It will also expand the Port Zone to encompass all of the land required for the Project within the one zone.

42 In my opinion, for a proposal as significant as the Project is to the State of Victoria, it is entirely appropriate to propose r a streamlined planning control to assure its delivery. The circumstances of the Project are extraordinary and therefore deserving of the Specific Control Overlay for the Gas Import Jetty Works component of the Project.

43 In my opinion, the use of the Incorporated Document (as presently drafted and included in the EES) is generally acceptable subject to the outcome of this Inquiry and the Minister’s assessment of the EES. I have however included some suggested refinements to the Incorporated Plan at Section 7.2 of my statement.

Mitigation Measures

44 I have no recommendations to make relevant to my assessment for any new or additional mitigation measures. I am aware however, that the proponents for the Project are preparing a further draft of the mitigation measures to account for feedback from various experts and received through the submissions and that I will be asked to review those in advance of the IAC hearing.


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5 Consideration of Chapter & Technical Reports

45 This section of my statement considers the draft evaluation objective in the Scoping Requirements for the EES and outlines my opinion and analysis on those chapters and technical reports in the EES relevant to my assessment.

46 The EES is said to be prepared in accordance with the Scoping Requirements issued by the Minister in February 2019 and the Ministerial guidelines for assessment of environmental effects under the EE Act. In this case, Scoping Requirements for the EES represent a broad scope of issues to be addressed in the EES.

47 The assessment of effects to be undertaken as part of the EES is to include a discussion of all potential direct, indirect, on-site and off-site effects as a result of the Project. The EES addresses the potential impacts on the environment and informs an Environmental Management Framework for the Project which is included at Chapter 25 of the EES.

48 In all, twenty seven (27) Chapters comprise the main ( 3 volume) EES Report. A total of seventeen (17) specialist technical studies were undertaken, and the findings of these studies are presented in the technical reports attached to this EES.

49 I have mainly considered those documents comprising the EES relevant to my expertise and the tasks at hand in addressing the issue of land use impacts arising from the Gas Import Jetty Works component of the Project, in particular, from a strategic (macro) planning viewpoint.

50 I have identified the following documents as relevant to my statement and the matters which I have been requested to address:

a) EES Chapters:

• Chapters 1-5: which provide an overview of the project and the rationale;

• Chapter 17: Land Use

• Chapter 20: Agriculture • Chapter 25: Environmental Management Framework

b) EES Technical Reports:

• Technical Report L: Land use

• Technical Report O: Agriculture

c) EES Attachments:

i. II. Legislation and policy report

ii. VI Draft planning scheme and amendment

Gas Import Jetty and Pipeline Project Contour Consultants Aust Pty Ltd 12 5 Consideration of Chapter & Technical Reports

51 The principal focus of my assessment that is relevant to my area of expertise is directed mainly at the question of land use. I have reviewed the documentation contained in Chapters 1 --- 5 of the EES and appreciate from that work, the various components that comprise the Project.

52 The Project would provide an additional supply of natural gas into south-eastern Australia for industrial, commercial and residential use.

53 The Project seeks to establish a gas import jetty and pipeline comprising:

• Gas Import Jetty Works (inclusive of the FSRU at Crib Point Jetty and land-based Crib Point Receiving Facility) which will be undertaken by AGL; and

• Pipeline Works being the construction of a gas pipeline between Crib Point and Pakenham to connect to the Victorian Transmission System (VTS) which will be undertaken by APA.

54 The Project is being driven by a need for Victoria (and south-eastern Australia) to find alternative gas supply sources in the face of a decline in gas supply reserves. The EES notes that domestic customers in the south-eastern states face a potential market shortfall in gas supply from 2024 onwards (AEMO, 2020). Victoria is said to be the largest gas consumer in south-east Australia.

55 One of the reasons given for the Project’s location is to minimise the distance that gas is transported, reducing the tariff costs of delivering gas to customers.

56 Other reasons outlined in Chapter 2 --- Project Rationale supportive of the Project at Crib Point include:

• The Port being an existing operational industrial marine facility.

• It being a naturally deep-water port within a sheltered bay (Western Port).

• Access being readily available to a deep-water shipping channel with a wide stretch of water between the Crib Point Jetty on the mainland and French Island (also known as the swing basin).

• There being an existing jetty with berth capacity of a suitable size to accommodate vessels such as the FSRU, with an existing dedicated berth (Berth 2) that is not currently being used.

• There being capacity to double-berth an LNG carrier, around 300 metres in length, alongside the FSRU itself being approx. 300m in length and 50 wide (and 50m above the sea surface to the top of the exhaust stack).

5.1 EES Chapters 1 - 5


• Land use zoning provisions appropriate to the use of the jetty and adjacent port area that has long been reserved for port and related uses including provision for buffers from surrounding township development.

• The use of existing gas transmission networks without the need for major pipeline modifications to supply the south eastern gas markets.

57 Chapter 2 also outlines the pipeline selection process relevant to the Pipeline Works component of the Project.

58 Chapter 2 acknowledges the following project benefits for Victoria including:

• It will help provide gas supply certainty and security for Victorian gas customers, and customers from other states that rely on Victoria’s gas supply

• It will place downward pressure on gas prices for residential customers as well as vulnerable industrial and commercial customers, many of whom are large generators of employment

• It will provide a flexible source of gas for gas-powered generation so that customers have secure and stable electricity supply as the NEM transitions to accommodate more renewables.

59 The Project is also expected to:

• involve a capital investment of about $250 million.

• employ in excess of 500 workers at the peak of its construction phase.

• once operating, create 40 permanent positions at Crib Point.

60 Chapter 3 --- Project Development describes the development of the Project and provides a rationale for the current form of the Project selected for assessment in the EES being the FSRU approach in preference to a land-based alternative.

61 Chapter 3 acknowledges that the proximity of the Crib Point Jetty allows for connection into the Victorian gas market, ensuring security and reliability of gas supply to south-eastern markets.

62 It also observes that the location is also a Ramsar site (Western Port Ramsar site) and so requires development to be particularly sensitive to its environs which is a factor foremost in the assessment of the EES and the majority of submissions lodged in response to the EES process.

63 The potential implications of the Project, the selected form of operation of the facility (i.e. FSRU) and its suitability to the location from a construction and operational view point are more specifically


addressed in the relevant chapters and technical documents of the EES.

64 Chapter 4 --- Project Description serves to outline the design, construction and operation of the Project including the relevant design standards. Its intention is to provide an understanding of the scope of works for which approvals are being sought and the basis upon which the EES has been prepared.

65 In terms of my report, the focus is on the Gas Import Jetty Works component of the Project (by AGL) for which PSA approval is required rather than the Pipeline Works component (by APA).

66 A description of the components of the proposed Gas Import Jetty Works is included at Section 4.3 of Chapter 4 --- Project Description. For the sake of brevity and accepting the IAC’s familiarity with the project description, the following summarises the key components of the Gas Import Jetty Works:

• The FSRU will be continuously moored at Berth 2 of the Jetty and is proposed to operate for 20 years.

• New jetty infrastructure is to be installed on Berth 2 pierhead and on the existing pipe rack that extends from the Berth 2 pierhead to where the jetty connects to the land.

• New jetty infrastructure includes, amongst other things:

− two Marine Loading Arms (MLAs) to be installed at Berth 2 which are composed of rigid pipe sections that can swivel to transfer gas from the FSRU to the gas piping to be installed on the Crib Point Jetty. The top of the MLAs would be approximately 30 metres above the deck of the jetty.

− gas piping approximately 1.5 kilometres long to be mounted on the jetty and mounted adjacent to existing piping that will connect to the Crib Pint Receiving Facility.

• As there is no firefighting system on Berth 2, a fire fighting system is to be installed that includes:

− fire towers on the pierhead deck; and

− fire pumps with remote and local start/stop functionality.

• The Crib Point Receiving Facility would be located landside of the Crib Point Jetty on a land parcel of approximately 2.8 hectares and include one liquid nitrogen storage tank (approximately 20m high and 25m in diameter) and four vaporiser towers (approx. 15m high with a footprint three by three metres). The nitrogen tank would be painted white and the vaporiser towers would have stainless steel finishes. Vent stacks are also part of the works.


• Trucks would deliver the liquid nitrogen, which would be unloaded via two nitrogen unloading gantries. Gas odorant would also be delivered to the site via trucks and stored in tanks.

• Stormwater runoff from the site would be collected in a skimming pit.

• The Crib Point Receiving Facility would have floodlights installed for security and emergencies.

• A construction laydown area for the Gas Import Jetty Works is proposed to the west of the Victorian Maritime Centre. The construction laydown area would include areas for storage of construction machinery and equipment, storage of materials for installation, site offices, a workshop and vehicle parking areas.

67 Map sheet 1 (of 26) in the Mapbook at Attachment VII of the EES shows the location of the various components of the proposed Gas Import Jetty Works (see below).

68 Chapter 5 --- Key Approvals and Assessment Framework identifies the key components of the assessment framework including the key approvals required for the Project. The key approvals identified include the PSA required for the Gas Import Jetty Works component of the Project, which I will address later.


69 Chapter 17 of the EES discusses the potential land use and planning impacts of the Project noting that the full extent of the Project traverses three municipalities, approx. 57 kilometres and a range of land use typologies along its path.

70 Chapter 17 is based on the impact assessment presented in Technical Report L: Land Use Impact Assessment contained in the EES. It is therefore to be read in conjunction with Technical Report L and other relevant technical report(s) including, in particular, the following:

• Chapter 12 Air quality

• Chapter 13 Noise and vibration

• Chapter 14 Landscape and visual

• Chapter 20 Agriculture.

Draft Evaluation Objective

71 The scoping requirements for the EES set out the following relevant draft evaluation objective:

• Social, economic, amenity and land use --- To minimise potential adverse social, economic, amenity and land use effects at local and regional scales.

72 The draft evaluation objectives identify desired outcomes in the context of the potential effects of the Project and relevant legislation. In terms of the assessment of specific environmental effects against the draft evaluation objective, the Scoping Requirements identify the following for consideration:

• Key issues or risks that the project poses to the achievement of the draft evaluation objective. In addition to addressing the highlighted issues, the proponent should consider undertaking its own environmental risk assessment.

• Priorities for characterising the existing environment to underpin predictive impact assessments having regard to the level of risk. Any risk assessment by the proponent could guide the necessary data gathering.

• Design and mitigation measures that could substantially reduce and/or mitigate the risk of significant effects.

• Assessment of likely effects through predictive studies or estimates of effects that are reasonably likely, as well as evaluation of their significance, having regard to their likelihood.

• Approach to manage performance measures that are proposed to manage risks of effects, assuming that identified design and mitigation measures are applied, to achieve appropriate

5.2 EES Chapter 17 - Land Use


outcomes. This should inform the assessment of likely residual effects (assuming proposed measures are implemented) and consideration of environmental offsets where applicable.

Summary outline of potential land use effects

73 With particular regard for the component of the Project forming the focus of my assessment, in so far as Land Use is concerned, Chapter 17 observes the following:1

• The construction phase of the Pipeline Works and the Gas Import Jetty Works may result in temporary land use changes as well as access or amenity impacts that are inconsistent with existing land uses.

• Construction of the Gas Import Jetty Works would change the built form at Crib Point and its operation would change the land use.

• Understanding these potential impacts has informed the implementation of appropriate mitigation measures to manage impacts on land uses during construction and operation of the Project.

74 I acknowledge these potential effects and accept them as factors for consideration which the EES Technical Report L has properly focussed on and addressed in this case.

Planning Approval Mechanism

75 In terms of the planning approval mechanism for the Project, which is addressed variously throughout the EES documentation(specifically at Attachment VI), I note the following:

The Pipelines Act 2005 (Vic) exempts pipelines from the requirement for approval under the Planning and Environment Act 1987 (Vic) where a Pipeline Licence is issued. However, the Pipelines Act 2005 does not apply to a pipeline which is wholly within a port. The Pipeline Works, which are in part located outside the port area, will be subject to a Pipeline Licence under the Pipelines Act 2005.

As the Gas Import Jetty Works would be entirely located within declared Port of Hastings land, the gas piping on the jetty and Crib Point Receiving Facility cannot be licensed under the Pipelines Act 2005. This means the exemption from approval under the Planning and Environment Act 1987 is not applicable.

The Gas Import Jetty Works (including the floating storage and regasification unit (FSRU)) will require planning approval under the Mornington Peninsula Planning

1 Page 1 of Chapter 17


Scheme.

To facilitate and provide for a co-ordinated and integrated planning process, draft Planning Scheme Amendment (PSA) has been prepared for the Gas Import Jetty Works including the FSRU.

The draft PSA will seek to extend the Port Zone and apply the Specific Controls Overlay to the Gas Import Jetty Works (including the FSRU), allowing for the application of an Incorporated Document to the site under the Mornington Peninsula Planning Scheme and in accordance with the Planning and Environment Act 1987.

The Incorporated Document will permit the use and development of land for a Liquified Natural Gas Import Facility (innominate land use including Wharf and Utility Installation land uses).

76 The Project is subject to the provisions of the relevant planning scheme of each of the three affected municipalities, namely:

• Mornington Peninsula Planning Scheme

• Casey Planning Scheme

• Cardinia Planning Scheme.

77 The significance of the planning scheme provisions and related planning policies and guidelines including Plan Melbourne, Mornington Peninsula Localised Planning Statement, South East Growth Corridor Plan, the Hastings Town Centre Structure Plan, Port Development Strategy, Port of Hasting Land Use Structure Plan and the Western Port Green Wedge Management Plan are further discussed in EES variously in Chapter 17, Technical Report L, Attachment VI and the Aecom Planning Report contained therein.

78 I will address the PSA and Incorporated Document later in my statement.

Methodology

79 The methodology adopted for the Land Use Impact Assessment is set out in the Chapter 17 which, in summary, involved the following key tasks:

• desktop assessment and baseline data review of the planning framework which applies to the Project, aerial imagery, current strategic planning work and future PSA’s, and characterisation of current land uses and landholders, as well as the existing conditions of affected land parcels.

• site visit and stakeholder consultation.


• a risk assessment.

• assessment of land use impacts during construction and operation of the Project.

• discussion of mitigation measures in response to the land use impact assessment.

80 Full details of the methodology used are set out and discussed in EES Technical Report L.

Land Use Typologies

81 For the purposes of assisting with the assessment of potential impacts, Chapter 17 summarises the land use typologies that were developed for the length of the Project Area. Table 17-2 of Chapter 17 sets out and describes the various typologies and the basis used for their development. In summary, the typologies comprise the following:

• Utilities and Infrastructure

• Residential

• Rural/Low Density Residential

• Parkland/Bushland/Conservation/Reserves

• Special Use --- Food Production

• Agricultural

• Light Industrial/Specialised Commercial

• Road and Rail

• Port/Port Related

82 Port and port-related uses are the most relevant to the assessment of land use impacts associated with Gas Import Jetty Works component of the Project.

Land Use Segments

83 To assess the potential land use impacts arising from the construction and operation of the Project, the study area was separated into segments. Impacts on land uses generally and on specific land uses were considered as part of the assessment.

84 Of the five (5) segments used, it is Segment 1 (Crib Point Jetty) and to a lesser extent Segment 2 (Crib Point Jetty to Hastings Township) that is relevant to my statement.

• Segment 1 --- Crib Point Jetty


Segment 1 comprises the full extent of the jetty and its immediate surroundings, including the jetty pipe and Crib Point Receiving Facility, as well as the existing Victorian Maritime Centre building.

Crib Point Jetty currently facilitates the delivery of petroleum products via United Petroleum vessels which moor at Berth 1 to deliver crude oil to the Western Altona Geelong (WAG) Pipeline. The Crib Point Jetty is located on Crown Allotments 89C and 2085, Parish of Bittern which is unreserved Crown land.

Land to the west of The Esplanade within the Special Use Zone (SUZ) is also reserved for port-related facilities, utilities and equipment storage. This land is closed to public access.

Located opposite the Crib Point Jetty at 220 The Esplanade, the Victorian Maritime Centre is a community museum within an established heritage building (Heritage Overlay (HO) 240).

To the south of the jetty, Woolleys Beach Reserve provides recreation and leisure opportunities for the local community and tourists and includes the historic site Woolleys Cool Room (HO322).

It is noted the western end of the jetty and land between the jetty and The Esplanade is freehold land owned by the PoHDA. Part of this area is included in the Western Port Ramsar site.

• Segment 2 --- Crib Point Jetty to Hastings Township

Segment 2 comprises land between Segment 1 and Hastings township, which is primarily agricultural land, nature reserves, road reserves and pockets of low- density residential development.

Key features within the segment are summarised in Chapter 17 (and the EES) and said to include road reserves at The Esplanade and Woolleys Road, Western Port Coastal Reserve, Warringine Park, residential development at 1---6 Seaglades Lane and 103---123 The Esplanade, historical site Jack’s Tanning Pit (HO324), located off Woolleys Road and Western Port Ramsar site.

Risk Assessment

85 The risks associated with land use during construction and operation of the Project form part of the risk assessment. This includes a consideration of the environmental, social, economic and health and safety consequences of each risk and their likelihood of occurring.

86 The identified land use risks associated with the construction of the Project (see Table 17-8 in Chapter 17) were assigned an initial and residual risk rating of low with the appropriate mitigation measures in place. No additional mitigation measures were considered necessary other than those recommended initially to minimise amenity impacts and undertake consultation with affected stakeholders.


87 The identified land use risks associated with the operation of the Project (see table 17-8 in Chapter 17) were also assigned an initial and residual risk rating of low with the appropriate mitigation measures in place. I note that no additional mitigation measures were considered necessary other than those recommended initially to minimise ongoing amenity impacts undertake consultation with affected stakeholders.

Impact Assessment

88 The various technical reports detail the impacts of the Project relative to each of the subject matters and areas of specialist investigation. These relate to both construction and operation impacts relevant to the specific land use typology developed as part of the assessment.

89 Construction impacts across the various segments are summarised in Table 17-9 of Chapter 17. In terms of Segments 1 and 2, these are summarised as follows:


Access to the Victorian Maritime Centre would be maintained during construction. The centre currently operates from 10 am to 3 pm on weekends.

Potential amenity impacts on surrounding land uses, including noise, dust and vibration, would be managed in accordance with the Environmental Management Framework (EMF), the Pipeline Works Construction Environmental Management Plan (CEMP) and the Gas Import Jetty Works Environmental Management Plan (EMP).

Existing port operations would be temporarily interrupted to varying degrees, with access to the jetty potentially limited during this time. This is not expected to result in significant restrictions on existing land use for port-related purposes.

Access around Crib Point Jetty and Woolleys Beach Reserve would be partially limited during construction, although only temporarily. It is not anticipated that construction activity would impact land uses within the Crib Point township due to the distance from the Project itself.

Construction equipment and infrastructure would be removed from the Crib Point construction site at the completion of works, reducing land use impacts over the long term, post-construction.


Pipeline construction would occur on private land at 33 Woolleys Road and 558 and 580 Stony Point Road. Construction activity would be temporary. Existing fencing at these properties would be reinstated and stock/horse proof fencing would be erected if necessary. Land would be remediated post construction


The Esplanade and Woolleys Road would experience some increased vehicle movements associated with workers and equipment/material deliveries.

Dwellings at 103 and 123 The Esplanade would experience a temporary reduction in residential amenity during construction due to noise, dust and traffic. This would be temporary with specified construction hours and disruptions would be managed

Potential impacts to Warringine Park are anticipated due to the widening of the existing pipeline easement (including noise impacts) however, no public walking tracks in the park would be traversed by the pipeline alignment. Alternative construction methods would be used in areas of high ecological significance to avoid excessive disturbance. Works would be managed in accordance with the Pipeline Works CEMP.

90 Operation impacts across the various segments are summarised in Table 17-10 of Chapter 17. In terms of Segments 1 and 2, these are summarised as follows:


Trucks and utility vehicles may infrequently access the Crib Point Receiving Facility, such as during deliveries of odorant and nitrogen. These vehicle movements are anticipated to be consistent with typical road use in this vicinity. The Esplanade is not anticipated to be affected.

Port-related operations at the Crib Point Jetty would be increased with the addition of the FSRU and associated Jetty Infrastructure. Increased activities would include gas storage activity and processing on the FSRU, gas treatment and transfer through the Crib Point Receiving Facility and gas transfer via the Jetty Pipeline. This is consistent with the existing use, the intent of relevant policy and the Port Zone.

The FSRU would alter the visual landscape as viewed from nearby coastal areas and reserves. This is not expected to diminish the ability of surrounding areas to provide current levels of recreational and leisure value, particularly existing activities at the jetty.

The possible future expansion of the Victorian Maritime Centre is unlikely to be impacted by operation of the Project. Its future context would be similar to its existing condition, located opposite ongoing port-related operations.

The township of Crib Point is not expected to be impacted during operation of the pipeline, except in rare instances emergency services vehicles may pass through.



Sporadic access to 30 Woolleys Road and 558 and 580 Stony Point Road may be required during the pipeline’s operation for ongoing maintenance.

Rehabilitation post-construction would see the pipeline right of way (ROW) restored with ground cover within six months of construction completion, including shallow-rooted vegetation where appropriate and grain and fibre crops in agricultural areas.

No long-term impacts are expected to agricultural properties within this segment, as grazing and livestock management can recommence.

Foreseeable development

91 The land use assessment concludes that future land use within Segment 1 is unlikely to be subjected to significant changes. This expectation is fortified by the port designation together with the protection afforded the port and port-related land in policy and zoning terms causing it to be unlikely that future land use would substantially change.

92 The Victorian Maritime Centre is an activity that could experience some expansion with the potential relocation of the HMAS Otama submarine to a land-based site alongside the Maritime Centre.

93 The land use assessment also concluded that land use in Segment 2 is also unlikely to change due to the proximity of Port of Hastings.

Mitigation measures

94 The land use impact assessment has considered the potential direct and indirect impacts of the construction and operation of the Project on residential, commercial, industrial and community facility land uses.

95 It has been determined that supporting EES technical reports and chapters provide sufficient mitigation measures to appropriately reduce the risk of the identified land use impacts with particular regard for those relevant to proposed noise, landscape and visual, air quality and agricultural mitigation measures.

96 The land use impact assessment therefore does not propose any new mitigation measures.

97 Chapter 20 of the EES discusses the potential impacts of the Project on agriculture. It is based on the impact assessment presented in Technical Report O: Agriculture Impact Assessment contained in the EES. It is therefore to be read in conjunction with Technical Report O and other relevant technical report(s) as necessary.

98 Agriculture is acknowledged as a significant industry in the region being the predominant form of land use in the northern section of the Pipeline Works. It’s importance is highlighted by the suite of planning controls

5.3 EES Chapter 20 - Agriculture


and policies in each of the three planning schemes that address the issue.

99 Chapter 20 observes that the Pipelines Act 2005 states that consideration must be given to planning policies in the selection of the pipeline alignment and its design even though planning approvals under the Planning and Environment Act 1987 are not required where an approval is required under the Pipelines Act 2005.

100 Chapter 20 goes on to state that careful consideration has been given to implementing the intent of agricultural planning policies in the selection of the pipeline alignment and the design process.

101 Chapter 20 observes that the study area for the agricultural impact assessment corresponds with the land parcels that would be disturbed during construction and operation of the Project. The study area is shown in Figure 20-1 of Chapter 20.

102 The study area is said to comprise 173 hectares of land between Crib Point and Pakenham. Land use across the study area consists of a mix of road corridors, industrial land, conservation reserves, peri-urban, rural residential, rural living and commercial farming purposes.

103 Given the focus of my assessment is on the land use segments containing the Crib Point Jetty and Crib Point Jetty to Hastings Township, the relevance of the agricultural impact assessment to my assessment of the macro planning issues is limited.

104 Chapter 25 presents the Environmental Management Framework (EMF) for the Project. The objectives of the EMF are to:

• set out the mitigation measures developed in this EES to avoid, minimise or offset potential environmental, social and safety impacts and identify the relevant statutory approvals and consents that would give effect to these measures

• ensure clear accountabilities are identified for implementing the environmental management requirements of the Project and monitoring the implementation of the statutory approval conditions.

105 Development of the EMF was guided by the EES scoping requirements, relevant legislation, policy and guidelines including the statutory approvals and consents that would be required.

106 The EMF outlines the relevant statutory approvals and consents required for the Project and how the mitigation measures would be incorporated within the approval conditions or within the approved environmental management plans.

107 An overview of the regulatory and compliance framework for the Project is included at Table 25-1 of the Chapter 25 Report.

5.4 Chapter 25 --- Environmental management framework


108 For the purposes of my assessment , my focus is on that part of the EMF that references the PSA required for the Gas Import Jetty Works under the MPPS. The relevant authority for this component of the Project is the Minister for Planning with the stated responsibilities being those outlined at Table 25-2 of Chapter 25 and stated as follows:

• Review the EMF and mitigation measures in the EES, and recommend adoption by relevant regulatory agencies in statutory approvals as part of the Minister for Planning’s assessment of the EES.

• Approve the planning scheme amendment and conditions of the Gas Import Jetty Works Incorporated Document

• Review and approve EMPs required under the Gas Import Jetty Works Incorporated Document

• Where relevant, administer and enforce approved environmental management plans as responsible authority for the administration and enforcement of the Incorporated Document through the Planning Scheme Amendment

Planning Controls

109 The current zones and overlays applicable under the MPPS (see Zoning Plan - Figure 5.1) to the Gas Import Jetty Works and surrounding land are:

• Public Conservation and Resource Zone (PCRZ).

• Port Zone (PZ).

• Public Use Zone (PUZ7).

• Special Use Zone (SUZ1).

• Land Subject to Inundation Overlay (LSIO).

• Bushfire Management Overlay (BMO).

110 In land use terms, the proposal is said to be best characterised as an LNG Import Facility (Innominate Use) which , although permissible in the Port Zone, would be prohibited in the Public Conservation and Resource Zone. Permits would ordinarily also be required for the construction of buildings and works under the relevant provisions.

111 Particular provisions under the MPPS also apply including Clause 52.17 (Native Vegetation) and Clause 53.10 (Uses and Activities with Potential Adverse Impacts).


Figure 5.1 ZONING PLAN MORNINGTON PENINSULA PLANNING SCHEME

Source: https://planning-schemes.delwp.vic.gov.au/

https://planning-schemes.delwp.vic.gov.au/


112 The PSA proposes to create a single site-specific planning control to facilitate the delivery of the following:

• An FSRU, a vessel moored at the Crib Point Jetty that can store and regasify LNG for distribution.

• An above ground receiving facility located on land immediately adjacent to the Crib Point Jetty.

• Associated infrastructure mounted on the existing jetty, such as marine loading arms and gas piping to transfer gas from the FSRU to the Crib Point Receiving Facility.

113 The PSA has been advanced in order to facilitate delivery of the Gas Import Jetty Works component of the Project.

Draft Planning Scheme Amendment

114 The relevant statutory approval for the Gas Import Jetty Works is the PSA to be approved by the Minister for Planning. The PSA proposes to:

• Apply the Specific Controls Overlay to allow the use and development of land for the Gas Import Jetty Works (including the FSRU) in accordance with the specific control in the MPPS.

• Amend the Schedule to Clause 45.12 (Specific Controls Overlay) and Clause 72.04 (Documents Incorporated in the Planning Scheme) to insert an Incorporated Document enabling the use and development of the land for an LNG Import Facility.

• Rezone the northern portion of Crown Allotment (CA) 2040 that is currently included in the Public Conservation and Resource Zone to include it in the Port Zone, and extend the Port Zone out to the municipal boundary around the Crib Point Jetty.

• Extend the Port Zone to all of Crown Allotment 2085.

• Amend the Schedule to Clause 72.01 to make the Minister for Planning the responsible authority for the Gas Import Jetty Works.

115 Attachment VI addresses the Draft PSA and includes a Planning Report that has appended to it a Draft PSA, Incorporated Document, Explanatory Report and other statutory documents.

116 The Planning Report provides an outline of the legislation and policy context relevant to the Gas Import Jetty Works component of the Project.

117 The objectives of planning in Victoria are as set out at Section 4(1) of the Planning and Environment Act and these are referenced in the Planning Report.

118 The Planning Report also addresses the following key components of


the legislative and planning policy context relevant to the Gas Import Jetty Works, including:

• Ministerial Directions prepared under sections 7(5) and 12(2)(a) of the Planning and Environment Act that are relevant to the PSA:

• Ministerial Direction on the Form and Content of Planning Schemes

• Ministerial Direction No. 1 Potentially Contaminated Land

• Direction No.9 --- Metropolitan Planning Strategy

• Direction No.11 --- Strategic Assessment of Amendments

• Direction No.19 --- on the Preparation and Content of Amendments that may Significantly Impact the Environment, Amenity and Human Health

Planning Policy Framework

119 In terms of the MPPS, the Planning Policy Framework (PPF) includes part of the Victoria Planning Provisions (VPP) in the form of state and regional planning policies, and local provisions in the form of local planning policies.

120 The following provisions are cited in the Planning Report (and variously in the EES documentations) for their relevance to the Project:

• Clause 11 Settlement

• Clause 11.01-1S Settlement

• Clause 11.01-1R Green Wedges --- Metropolitan Melbourne

• Clause 11.02-1S Supply of Urban Land

• Clause 11.03-4S Coastal Settlement

• Clause 11.03-5S Distinctive Areas and landscapes

• Clause 12 Environment and Landscape Values

• Clause 12.01-1S Protection of Biodiversity

• Clause 12.01-2S Native vegetation management

• Clause 12.02-1S Protection of Coastal Areas

• Clause 12.02-2S Coastal Crown Land

• Clause 12.02-3S Bays


• Clause 13 Environmental Risks and Amenity

• Clause 13.02-1S Bushfire Planning

• Clause 13.03 Floodplains

• Clause 13.04 Soil Degradation

• Clause 13.05 Noise

• Clause 13.06 Air Quality

• Clause 13.07 Amenity and Safety

• Clause 13.07-1S Land Use Compatibility

• Clause 13.07-2S Major Hazard Facilities

• Clause 14 Natural Resource Management

• Clause 15 Built Environment and Heritage

• Clause 15.03-1S Heritage Conservation

• Clause 15.03-2S Aboriginal Cultural Heritage

• Clause 17 Economic Development

• Clause 17.01-1S Diversified Economy

• Clause 18 Transport

• Clause 18.03-1S Planning for Ports

• Clause 18.03-2S Planning for Port Environs

• Clause 19 Infrastructure

• Clause 19.01 Energy

121 Planning policy contained in the PPF of direct relevance to the issues identified in the EES include those relating to Settlement (Clause 11), Environmental and Landscape Values (Clause 12), Environmental Risks and Amenity (Clause 13), Economic Development (Clause 17), Transport (Clause 18) and Infrastructure (Clause 19).

122 In relation to the Port of Hastings specifically, Clause 17.03-3S acknowledges as its objective …’To protect industrial land of state significance.’ In this clause, the Port of Hastings Industrial Precinct is an identified State significant industrial precinct. Relevant strategies include:


• Protect state significant industrial precincts from incompatible land uses to allow for future growth.

• Ensure sufficient availability of strategically located land for major industrial development, particularly for industries and storage facilities that require significant threshold distances from sensitive or incompatible uses.

• Protect heavy industrial areas from inappropriate development and maintain adequate buffer distances from sensitive or incompatible uses.

123 Clause 18.03 of the MPPS relates to the planning for ports including the Port of Hastings. It has as its objective the following:

• To support the effective and competitive operation of Victoria’s commercial trading ports at local, national and international levels and to facilitate their ongoing sustainable operation and development.

124 Relevant strategies relating to the objective seek to support the further development of the port. Strategy also seeks to:

• Manage any impacts of a commercial trading port and any related industrial development on nearby sensitive uses to minimise the impact of vibration, light spill, noise and air emissions from port activities.

125 Relevant policy documents referenced at Clause 18.03-1 include:

• The Victorian Transport Plan (Victorian Government, 2008)

• Victorian Ports Strategic Framework (Department of Infrastructure, 2004)

• Freight Futures: Victorian Freight Network Strategy for a more prosperous and liveable Victoria (Victorian Government, 2008)

• Statement of Planning Policy No 1 - Western Port (1970-varied 1976) Port Futures (Victorian Government, 2009)

• Port of Hastings Land Use and Transport Strategy (Port of Hastings Corporation, 2009)

126 Clause 18.03-2S relates to planning for the port environs and has as its objective:

• To plan for and manage land near commercial trading ports so that development and use are compatible with port operations and provide reasonable amenity expectations.

127 Relevant strategies include the following:


• Protect commercial trading ports from encroachment of sensitive and incompatible land uses in the port environs.

• Plan for and manage land in the port environs to accommodate uses that depend upon or gain significant economic advantage from proximity to the port’s operations.

• Ensure that industrially zoned land within the environs of a commercial trading port is maintained and continues to support the role of the port as a critical freight and logistics precinct.

• Identify and protect key transport corridors linking ports to the broader transport network.

• Ensure any new use or development within the environs of a commercial trading port does not prejudice the efficient and curfew free operations of the port.

• Ensure that the use and intensity of development does not expose people to unacceptable health or safety risks and consequences associated with an existing major hazard facility.

• Ensure that any use or development within port environs:

− Is consistent with policies for the protection of the environment.

− Takes into account planning for the port.

128 Similar policy documents referred to above are also referenced in this clause.

129 State policy requires that planning for the Port of Hastings should have regard to the Statement of Planning Policy No 1 - Western Port, which emphasises to the need to protect the environment of Western Port as well as to facilitate its development. The policy states that any port development is to be undertaken in accordance with the Hastings Port Industrial Area Land Use Structure Plan.

130 Freight policy at Clause 18.05-1S includes the following relevant strategy:

• Support major Transport Gateways as important locations for employment and economic activity by:

− Protecting designated ports, airports, freight terminals and their environs from incompatible land uses.

− Encouraging adjacent complementary uses and employment generating activities.

131 Planning policy relevant to pipeline infrastructure at Clause 19.01-3S includes as its objective:


• To ensure that gas, oil and other substances are safely delivered to users and to and from port terminals at minimal risk to people, other critical infrastructure and the environment.

132 Relevant strategies of Clause 19.01-3S include:

• Plan for the development of pipeline infrastructure subject to the Pipelines Act 2005.

• Recognise existing transmission-pressure gas pipelines in planning schemes and protect from further encroachment by residential development or other sensitive land uses, unless suitable additional protection of pipelines is provided.

• Plan new pipelines along routes with adequate buffers to residences, zoned residential land and other sensitive land uses and with minimal impacts on waterways, wetlands, flora and fauna, erosion prone areas and other environmentally sensitive sites.

• Provide for environmental management during construction and on-going operation of pipeline easements.

133 In terms of policy governing land use compatibility, Clause 13.07-1S has as its objective:

• To protect community amenity, human health and safety while facilitating appropriate commercial, industrial, infrastructure or other uses with potential adverse off-site impacts.


• Ensure that use or development of land is compatible with adjoining and nearby land uses.

• Avoid locating incompatible uses in areas that may be impacted by adverse off-site impacts from commercial, industrial and other uses.

• Avoid or otherwise minimise adverse off-site impacts from commercial, industrial and other uses through land use separation, siting, building design and operational measures.

• Protect existing commercial, industrial and other uses from encroachment by use or development that would compromise the ability of those uses to function safely and effectively.

135 Clause 13.07-2S includes policy relating to major hazard facilities and has as its objective:

• To minimise the potential for human and property exposure to risk from incidents that may occur at a major hazard facility and to ensure the ongoing viability of major hazard facilities.



• Ensure major hazard facilities are sited, designed and operated to minimise risk to surrounding communities and the environment.

• Consider the risks associated with increasing the intensity of use and development within the threshold distance of an existing major hazard facility.

• Apply appropriate threshold distances from sensitive land uses for new major hazard facilities and between major hazard facilities.

• Protect registered or licenced major hazard facilities as defined under Regulation 5 of the Occupational Health and Safety Regulations 2017 from encroachment of sensitive land uses.

137 Planning policies relevant to environmental and landscape values, biodiversity, native vegetation management, coastal areas, Western Port Bay, environmentally sensitive areas, landscapes are extensively addressed in the PPF. Similarly, policies relevant to environmental risk and amenity including climate change, bushfire planning, noise, air quality, amenity and safety and others relevant to agriculture, energy, the built environment and heritage, economic development, tourism transport and energy, amongst others, are also covered in the PPF and variously addressed in the EES.

138 I note the provisions of Clause 11.03-5S the objective of which is ‘to protect and enhance the valued attributes of identified distinctive areas and landscapes.’ Related strategies under this clause include:

• Recognise the significant geographic and physical features of these areas.

• Recognise the important role these areas play in the state as tourist destinations.

• Protect the identified key values and activities of these areas.

• Support use and development where it enhances the valued characteristics of these areas.

• Avoid use and development that could undermine the long-term natural or non-urban use of land in these areas.

• Protect areas that are important for food production.

• Develop Localised Planning Statements for the Bellarine Peninsula, Macedon Ranges, Mornington Peninsula and the Yarra Valley and Dandenong Ranges.

139 The relevant policy document called up by Clause 11.03-5S is the Mornington Peninsula Localised Planning Statement (Victorian


Government, 2014) which I refer to later in my statement.

140 From the above provisions, I have identified the following direct references to Western Port in the PPF:

• To improve the environmental health of Port Phillip Bay and Western Port and their catchments. (Clause 12.02-3S)

• Reduce major environmental pressures associated with urban growth and development in Port Phillip Bay and Western Port catchments by:

− Requiring growth area planning to protect significant natural assets.

− Improving the quality of stormwater entering waterways, particularly from construction sites and road development.

• Improve waterway management arrangements for Port Phillip Bay and Western Port catchments.

• Protect coastal and foreshore environments and improve public access and recreation facilities around Port Phillip Bay and Western Port by:

− Focussing development in areas already developed or in areas that can tolerate more intensive use.

− Requiring coastal planning and management to be consistent with the Victorian Coastal Strategy (Victorian Coastal Council, 2014).

− Managing privately owned foreshore consistently with the adjoining public land. (Clause 12.02-3S)

• To protect and conserve environmentally sensitive areas. These areas include …Western Port Bay and their foreshores. (Clause 12.05-1S)

Local Planning Policy Framework

141 The Planning Report at Attachment VI of the EES also references the Local Planning Policy Framework (LPPF) of the MPPS. The LPPF contains local policies and other provisions covering a range of considerations including management of port areas, heritage, environment and foreshore and coastal development.

142 Key provisions of the LPPF cited in the Planning Report include:

• Clause 21.02 Profile of Mornington Peninsula


• Clause 21.03 Mornington Peninsula --- Regional Role and Local Vision

• Clause 21.03-3 Summary of strategic challenges and opportunities

• Clause 21.04 Strategic Framework Plan

• Clause 21.06 Strategic Framework

• Clause 21.08 Foreshores and Coastal Areas

• Clause 21.10 Managing Port Area Development

• Clause 22.04 Heritage Places and Abutting Land

• Clause 22.05 Aboriginal Cultural Heritage

• Clause 22.11 Mornington Peninsula Fire Protection Policy

143 Local planning policy within the MPPS at Clause 21.10 (Managing Port Area Development) also recognises the economic significance of the Port of Hastings to the Victorian economy and what it observes are its competitive advantages including:

• Shorter shipping times than the Port of Melbourne.

• Sheltered anchorage’s and a deep water channel requiring minimal maintenance dredging.

• Readily developed land and accessible infrastructure, including pipelines.

• Major road links to Melbourne's existing industrial and manufacturing centres.

On the basis of these factors planning for Western Port has been directed towards maintaining long term port potential.

144 Clause 21.10 also observes the environmental significance and sensitivity of Western Port Bay and states:

‘Planning has therefore placed special emphasis on ‘‘finding the balance’’----- meeting the need to pursue the economic advantages of the area, whilst ensuring the protection of the environment.

The Hastings Port Industrial Area Land Use Structure Plan (1996) provides a comprehensive assessment of the land-use issues associated with port development at Western Port. It is used as the basis for the more detailed planning provisions of the Mornington Peninsula Planning Scheme, in accordance with the requirements of the State Planning Policy Framework.’


145 Relevant objectives of Clause 21.10 are:

• To protect the long-term value of Western Port for selected port and industrial purposes that depend upon or gain significant economic advantage from proximity to natural deep water channels.

• To ensure that port and port related development does not adversely affect or compromise the ecosystems and recreational resources of Western Port.

146 The listed strategies in Clause 21.10 are extensive but in overall terms, they support the encouragement and further development of directly dependent port-related industry whilst also ensuring that the environmental impacts of any new proposal respond appropriately to the environmental sensitivity of the location and that the environmental implications of developments requiring planning approval are carefully evaluated.

147 The Planning Report at Attachment VI advances additional commentary on local planning policy. It observes that Clause 21.03-2 (A Shared Vision) of the MPPS is underpinned by environmental sustainability, where social needs, ecological care and economic development are balanced and integrated.

148 Strategic challenges and opportunities include:

• coastal management.

• care of conservation places including Western Port and adequate protection of the bay.

• supporting agricultural use consistent with maintaining areas with a low population density.

• providing a separation between incompatible uses, but realising the potential for further port and port-related development.

• management of the port land resource.

• establishment of the infrastructure necessary to support port-related uses and avoid land use conflicts.

149 Clause 21.04 (Mornington Peninsula Strategic Framework Plan) identifies Crib Point where the Gas Import Jetty Works are proposed as an area allocated to Major Industrial Shipping. The Strategic Framework Plan also identifies various land uses along the Crib Point and Hastings coast including townships, agriculture and rural conservation areas as well as port and port-related uses.

150 Clause 21.06 provides detail to the Strategic Framework Plan, recognising the port and port-related development and ensuring urban development does not restrict appropriate port-related activities. This


includes the provision of appropriate buffers/separation between residential areas and incompatible land uses such as land designated for port-related development.

151 The Hastings Port Industrial Area Land Use Structure Plan, April 1996 is listed in the Schedule to Clause 72.04 --- Documents Incorporated in this Planning Scheme. The Structure Plan provides a useful account of the history of port planning in the Port of Hastings and the directions guiding its development. I refer to this document later in my statement.

152 The EES undertakes an evaluation of the various impacts of the Project having regard to the complex matrix of planning policies contained in the MPPS that relate to the construction and operation of the LNG Import Facility.

Incorporated Document (December 2020)

153 The use of the Specific Controls Overlay is appropriate in order ‘to achieve a particular land use and development outcome in extraordinary circumstances.’ Delivery of the Project could fairly be regarded as an extraordinary circumstance justifying the use of the SCO.

154 The permission granted by the Incorporated Document provides for an exemption of the Gas Import Jetty Works (Project) from other provisions of the MPPS.

155 It also sets out a control that authorises the use and development of land covered by the SCO for the purposes of the Project. Attached to the control is a list of conditions requiring various plans to be prepared (e.g. Design and landscape plans; Environmental Management Plan; Construction Environmental Management Plan; and an Operational Environmental Management Plan) and approved together with conditions affecting particular subject matters including (among others) preparatory buildings and works, decommissioning and rehabilitation and an expiry control.

156 I address the Incorporated Document later in my statement.

Explanatory Report

157 A draft Explanatory Report accompanies the Draft PSA and is included in Attachment VI to the EES. The Explanatory Report provides an outline of the basis of the amendment including its justification. It identifies the relevant Ministerial Directions and how the Amendment responds.

158 In this case, the draft Explanatory Report acknowledges the following considerations (amongst many) when addressing the strategic assessment of the Amendment:

• The aim of the broader Gas Import Jetty and Pipeline Project is to meet the needs of industrial, commercial and residential gas


customers on the east coast of Australia against a backdrop of predicted gas shortfalls in the south-eastern Australian states from 2024 onwards.

• The interconnected nature of gas and electricity markets on the eastern seaboard means the broader Gas Import Jetty and Pipeline Project would benefit and provide energy security to Victoria as well as other south-eastern states and the national economy more broadly.

• The broader Gas Import Jetty and Pipeline Project will also assist in Victoria's transition to a low-carbon economy and provide the foundation for maintaining energy security to support the state’s growth and development.

• LNG imports offers a flexible option of short and long-term energy supply to provide a secure, stable source of supply to customers as the energy sector becomes decarbonised and transitions to more renewables.

• The broader Gas Import Jetty and Pipeline Project is considered to be of State and regional significance as it is necessary to facilitate the development of essential energy supply infrastructure and enable Victoria's continued liveability, economic development and growth.

• The broader Gas Import Jetty and Pipeline Project has the potential to substantially affect the achievement of State and regional planning objectives regarding the growth of greater Melbourne and regional communities.

• The broader Gas Import Jetty and Pipeline Project also has the potential to impact on major issues of State policy regarding energy supply and the achievement of the State of Victoria's emission reduction targets.

• The Amendment proposes to create a single site-specific planning control to facilitate the timely, coordinated and consistent delivery of the Project.

• Given the State and regional significance of the Project, and the complexity of different types of infrastructure included in the LNG Import Facility, it is appropriate that the Minister for Planning is the responsible authority for the Project and has oversight over the Project through the Incorporated Document.

• The Amendment will facilitate the use and development of the land for the purposes of the Project in accordance with the Incorporated Document.

159 The Explanatory Report addresses the objectives of planning in Victoria as set out in section 4 of the Planning and Environment Act 1987. It also


addresses strategic justification of the Project together with environmental, social and economic effects of the Amendment whilst also acknowledging the EES assessment process together with the assessment and approvals required under EPBC Act, 1999.

160 Strategic justification of the Project in the context of the Strategic Assessment Guidelines (PPN46) is addressed variously throughout the EES and Amendment documentation including (among others) the Land Use Assessment (Chapter 17), Technical Report L, Amendment VI, the Aecom Planning Report and the Explanatory Report. These documents coupled with the overlap of material contained in other technical reports serve to provide the strategic justification for the PSA.

Strategic policy documents

161 The EES documentation cites various strategic policy documents relevant to Western Port and port planning, including the following:

Plan Melbourne (2017 -2050) & Addendum (2019)

162 Under Plan Melbourne, the Port of Hastings is acknowledged as a transport gateway (seaport) with the industrial land surrounding the Port nominated as a State Significant Industrial Precinct.

163 Places of state significance designated in Plan Melbourne that will be the focus for investment and growth includes the Port of Hastings Industrial Precinct. The purpose of these Precincts is stated (p.14) as follows:

• To provide strategically located land for major industrial development linked to the Principal Freight Network and transport gateways.

• They will be protected from incompatible land uses to allow continual growth in freight, logistics and manufacturing investment.

164 The Port of Hastings is a designated State-significant transport gateway in Plan Melbourne, the purpose of which (p.15) is:

• To secure adequate gateway capacity for moving passengers and freight into and out of Victoria and support future employment and economic development opportunities at major ports, airports and interstate terminals.

• They will be protected from incompatible land uses but adjacent complementary uses and employment generating activity will be encouraged.

165 Plan Melbourne envisages that as a designated State -significant industrial precinct and transport gateway, strategic assets such as the Port of Hastings (p.35) will be encouraged to keep generating economic


activity, jobs and future growth.

166 Plan Melbourne also acknowledges environmental and biodiversity assets including key features of international and national significance such as the Ramsar-listed wetlands at Western Port and the Western Port Biosphere Reserve. (p.90)

167 Plan Melbourne encourages the protection of biodiversity assets including Ramsar wetlands and coastal areas (p.87) acknowledged as places of significant environmental value. (p.121)

168 Plan Melbourne : Addendum (2019) affirms the State-significant status of the Port of Hastings.

Port of Hastings 2018 Port Development Strategy (PDS)

169 The 2018 PDS has been approved by the Minister for Ports and is intended to guide the future planning, development and growth of the Port of Hastings. It is not yet referenced in the MPPS but as the successor to the Port of Hastings Land Use and Transport Strategy, 2009 which is cited at Clause 18.03-2S, the 2018 PDS will replace the earlier strategy.

170 The focus of the 2018 PDS is on the potential for port development, its transport links, land requirements, port infrastructure and associated trade. The 2018 PDS is to look forward, planning for 30 years and is to be updated every 5 years. The 2018 PDS focuses on the infrastructure and land needs of the Port as a whole to enable investment to occur and meet potential trade demand. (p.10)

171 The 2018 PDS sets out a port vision which is ‘to be a vibrant and growing port facilitating continued growth and development of existing and new bulk trades in a sustainable manner.’ (p.11)

172 In terms of Crib Point, the 2018 PDS acknowledges the area has generally been used for the import and export of fuels, oils and gases although it provides a broad area of development opportunity. (p.61)

173 According to the 2018 PDS, the focus of development at Crib Point will remain with bulk liquids and gases with pipeline connections to major storage and distribution outlets. This Crib Point location is regarded as strategically important based on its exceptional deep water that can cater for large vessels, accessibility, recognising it is an old refinery site and the need for continual maintenance of buffer zones to the Crib Point community which is important in planning for the precinct. (p.61)

174 The 2018 PDS acknowledges that the key environmental issues for consideration in any port related activity including development options, are: (p.67)

• The status of Western Port as a Ramsar Wetland of International Importance indicating the high level of significance of the marine


areas in particular the intertidal areas that support migratory shorebirds

• The coastal mangroves and saltmarshes which provide important habitat for birdlife as well as providing important nursery areas for fish

• The importance of the area as a recreational resource for fishing and other water based activities

• Traffic and noise issues along the transport corridors

• Landscape and visual including from vantage points such as Phillip Island.

175 The 2018 PDS acknowledges that a precinct plan (see Figure 5.2) for Crib Point is to be shaped by the forecast growth in liquid bulk commodities. In this regard it states as follows: (p.71)

• The precinct, berths and land zoning provides excellent opportunity to support the development of marine facilities suited to the import and export of liquid bulk trade. In particular, there is sufficient land at Crib Point to accommodate all contestable trades identified as part of this study.

• The existing jetty at Crib Point provides opportunity for handling contestable trades from other ports, but may require expansion if other business is located there.

• In terms of land needs, all scenarios can be accommodated within the available zoned land (former refinery site) located to the west of the jetty. The plan for Crib Point subsequently recognises port development through:

− Retention of existing land use designations - Expansion of existing berth facility infrastructure with specific upgrades to existing port infrastructure and equipment.

− Possible repurposing of the former refinery site to support the storage and distribution of liquid bulk materials in response to the forecast trade demand.

176 The Project receives general acknowledgement in the 2018 PDS including where it states: (p.20)

• The [Crib Point] area contains an existing port facility, a former oil refinery site and jetty, foreshore reserves and rural open space. The jetty has two liquid product berths: the northern berth is currently used for the import of fuel products and the southern berth is being considered for a project that, if approved, would see Berth 2 utilised by AGL for the importation of Liquified Natural Gas.


Figure 5.2 FUTURE LAND USE FRAMEWORK FOR CRIB POINT PORT DEVELOPMENT STRATEGY, 2018

Source: 2018 Port Development Strategy


177 The potential use of Crib Point for the importation of Liquified Natural Gas is not a new idea and certainly preceded the 2018 PDS and current Project. The Hastings Port Industrial Area Land Use Structure Plan, April 1996 (as adopted by the (then) Western Port Regional Planning and Co-ordination Committee and endorsed by the(then) Minister for Planning foreshadowed the following possibility: (p.11)

• The Gas and Fuel Corporation retains ownership of a 90 hectare site fronting Woolleys Road, Crib Point, for the possible future importation and storage of liquefied natural gas. The development of such a facility may be required upon the depletion of reserves in Bass Strait and would compliment any future construction of an interstate pipeline.

178 The Hastings Port Industrial Area Land Use Structure Plan, April 1996 is an Incorporated Document and reference document in the Planning Scheme. It is also cited in the LPPF as a reference document to be used to guide decision-making in the Port. I address this further later in my statement.

179 The 2018 PDS is generally aligned with metropolitan strategy --- Plan Melbourne with particular regard for the strategic significance of the Port of Hastings, its growth potential and the opportunity to further industrial land use, port-related development and infrastructure opportunities.

Mornington Peninsula Localised Planning Statement, 2014 (MPLPS)

180 The MPLPS has been prepared in recognition of the Mornington Peninsula being an area of special character and importance with a role that is distinct from and complementary to metropolitan Melbourne and designated growth areas.

181 The MPLPS seeks to put in place clear policy directions to manage the increasing pressures and demands placed on the Mornington Peninsula from a growing metropolitan Melbourne. These are said to include:

• recognising, maintaining and enhancing the special values of the Mornington Peninsula appreciating the existing diversity and delicate balance of land-use which has been carefully planned over a long period on the Mornington Peninsula and the economic, social and environmental benefits of maintaining this balance

• providing for a clear separation of the Mornington Peninsula from metropolitan Melbourne, preventing expansion of the metropolitan area onto the Peninsula and maintaining the current settlement patterns

• expressing the planning priorities for the Mornington Peninsula which are different from and complementary to those which apply in other areas


• integrating environmental, social and economic considerations

• supporting a strong land-use planning framework, providing certainty for landowners and the community over time.

182 The MPLPS includes a suite of objectives and related strategies based around seven key policy directions, including the following:

• Integrated planning

• Conservation of natural systems and biodiversity

• Protecting the character and role of the settlements, towns and villages

• Protecting landscape and cultural values

• Providing for sustainable agriculture

• Provision for recreation and tourism

• Planning for the port area

183 Of these seven key policy directions, ‘Planning for the Port Area’ is of direct relevance in guiding the decision making concerning the Port. It includes the following objective and strategies (numbered 42-47):

Objective

• To ensure the appropriate use and development of the Hastings port area and adjacent hinterland.

Strategies

42. Planning will ensure the appropriate development of the Hastings port area and adjacent hinterland, having particular regard to the need to maintain the value of this area for selected port and port related industrial purposes which depend upon or gain significant economic advantage from proximity to natural deep water channels, and including the exclusion of further land subdivision within the port area pending determination of proper future use.

43. Planning will provide for the protection of the important values and resources of Western Port and its land catchment having regard to the importance of recreation, nature conservation and tourism. These will be major considerations in the planning and management of the area for port and port related industrial purposes.

44. Port and port related industrial development, including major transport routes will be physically and visually separated from township residential areas by the


establishment of substantial landscaped rural buffers. Land at Crib Point will not be used for port purposes or port related uses which are likely to generate significant volumes of heavy vehicle movement on local roads or through towns and villages.

45. Residential development in the port planning area will be strictly limited and contained to selected existing township areas within the existing Urban Growth Boundary.

46. Port and port related industrial development will be carefully designed to limit environmental and visual impacts. Development controls will ensure a high standard of design and substantial onsite landscaped buffer areas for port related industrial facilities.

47. Major port and port related development will occur within the framework provided by an approved Port Area Strategic Plan and Port Development Plan.

184 The MPLPS also references the significant environmental values and sensitivities of the Mornington Peninsula and the need for care to be exercised in evaluating the potential effects and impacts of new development on the environment. In this regard, the following strategy (no. 17) is apposite to the EES process and the duty of care to be exercised in evaluating the implications of the Project in this case:

17. Careful consideration of the environmental implications and other impacts of all proposed development will be carried out, in accordance with the scale and type of each proposal and in consultation with appropriate authorities on the need for and form of environmental assessment studies that may be required.

185 The EES documentation has variously considered and responded to the policy directions of the MPLPS either directly or indirectly, including in Technical Report L and Attachment VI (Draft Planning Scheme Amendment) of the EES.

186 Aside from the clear and unambiguous recognition given in the MPLPS to the significance of the Port of Hastings, the above-stated objective and strategies (among others) reinforce:

• The significant economic advantage attributed to the Port given proximity to the deep water shipping channels.

• The strategic importance of maintaining buffers around the Port thereby precluding the encroachment of sensitive land use which may otherwise compromise the operations of the Port.

• A focus away from port uses that generate significant volumes of heavy traffic, from which one can infer that a continuation and


expansion of the present operations (i.e. bulk liquid trade etc) is encouraged over the possibility of a future container port.

• Major port and port related development to be guided by an approved plan (such as the 2018 PDS).

• Detailed assessment of the environmental effects of port development with these being major considerations in the planning and management of the area for port and port related industrial purposes.

187 The Aecom Planning Report contained in Attachment VI responds to the MPLPS in the following terms:

The Mornington Peninsula Localised Planning Statement articulates the role and value of the Mornington Peninsula to Victoria. It is recognised as a place of special character and importance with a distinct role.

The 17 specialist studies undertaken as part of the EES Gas Import Jetty and Pipeline Project sought to understand the environmental implications and other impacts of the Project. The specialist technical studies identified mitigation measures to avoid, mitigate and/or manage any potential impacts and are included in the EES Environmental Management Framework to be adopted by the Minister for Planning. The EMP for the Project will include mitigation measures generally in accordance with the Minister’s Assessment made pursuant to the Environment Effects Act 1978 as applicable to the Project unless otherwise approved by the Minister for Planning.

In addition, the Project supports and implements the relevant objectives and strategies of the Statement whereby:

− Supporting economic contributions of the Peninsula to the metropolitan region.

− Seeking to avoid, mitigate and/or manage any potential impacts from construction and operation to ensure the protection of the area’s environmental values and continued enjoyment of surrounding areas (including Woolleys Beach Reserve).

− Ensuring appropriate protocols are in place to protect historic and Aboriginal Cultural heritage values.

188 Having regard to the above, I am satisfied that the Amendment and EES documentation have given appropriate consideration to the MPLPS and that the EES process adopted in this case is aligned with that envisaged for the assessment of major development port proposals such as the Project.


Hastings Port Industrial Area Land Use Structure Plan, April 1996 (Structure Plan)

189 This document is included as an Incorporated Document in the Schedule to Clause 72.04 of the MPPS. It is listed as a reference document at Clause 21.12 of the MPPS. It also features in the following references in the MPPS and stands as a key policy document used to guide decision-making in the Port of Hastings.

190 Schedule 1 to the Special Use Zone (SUZ1) has as its purpose (among others):

• To enable the effective implementation of the Hastings Port Industrial Area Land Use Structure Plan (Department of Planning and Development 1996).

191 A decision guideline at Clause 2.0 of SUZ1 requires the responsible authority to consider, as appropriate:

• Any State or local policy guidelines relating to the protection, use or development of port facilities and associated areas, including the Hastings Port Industrial Area Land Use Structure Plan (Department of Development 1996).

At Clause 21.03-1 of the MPPS, the provisions relating to Port Activity (under the heading The Regional Role of the Mornington Peninsula) makes the following reference to the Structure Plan:

• State policy requires that planning for the Hastings port area should have regard to the Statement of Planning Policy No 1 - Western Port and is to be undertaken in accordance with the Hastings Port Industrial Area Land Use Structure Plan.

192 Clause 21.10 cites the following reference to the Structure Plan:

• The Hastings Port Industrial Area Land Use Structure Plan (1996) provides a comprehensive assessment of the land-use issues associated with port development at Western Port. It is used as the basis for the more detailed planning provisions of the Mornington Peninsula Planning Scheme, in accordance with the requirements of the State Planning Policy Framework.

193 The Structure Plan provides a useful outline of the background to the Port of Hastings, its planning history and the opportunities and constraints including environmental sensitivity considerations, relevant to its further growth and development.

194 The Structure Plan component of the document is set out at Section 5.0 and includes objectives, issues-based strategies, physical framework plans and recommended planning scheme controls. Section 6.0 sets out implementation measures including key recommendations.

195 The Structure Plan, as was relevant at the time, foreshadowed a


potential for the Port to increase its capacity. The physical framework plan and recommended planning scheme controls affirmed the continued and ongoing role played by the Port in accommodating port related use and development. It also supported the continued designation of the Port land in an appropriate zone for port related use that also preserved the continued protection afforded the Port by surrounding buffers.

It is my view that the documentation relevant to my assessment including the various Chapters referred to above and the accompanying Technical Reports and attachments have provided a comprehensive coverage of the relevant land use planning considerations. Key themes to emerge from the material include:

• The project rationale and the features of the Port and those of Crib Point in particular, that cause the Crib Point Jetty Works and proposed LNG Import facility to be acceptable in land use planning terms.

• Confirmation of the acceptability in planning terms of a port related use locating in a zone suited for that specific purpose, where there is already a long history of port-related trade in bulk liquid fuels utilising large and a regular movement of vessels to and from the Crib Point Jetty.

• The significance and sensitivity of the environment of Western Port Bay and the need for the Project to address environmental considerations is an important and essential component of the EES and project approval processes.

• The planning mechanism of a PSA and the proposed use of an Incorporated Document for projects of such significance is accepted as an appropriate component of the assessment and approvals framework and one which has been comprehensively addressed in the EES documentation.

5.5 Summary


6

6 Review of Submissions

196 I have been requested to review the submissions lodged in connection with this matter and to summarise the concerns raised in the submissions relevant to my field of expertise and to provide my opinion in response to the concerns raised.

197 Clearly, the submissions raise a wide range of issues covering many areas of interest that necessarily involve technical expertise from a diversity of professional backgrounds. The extensive information covered in the EES material including the technical documents demonstrates the complexity of proposal and the many and varied considerations at play.

198 Of the issues raised in the submissions that concern land use, these too are varied and wide ranging in terms of their coverage. In terms of the component of the Project involving the Gas Import Jetty Works (including the operation of the proposed LGN Import Facility), the assessment of impacts is related to both the construction and operational phases of the project.

199 Amenity impacts have been variously addressed in the Technical Reports for many of the issues raised in the submissions. Other impacts have been similarly addressed in the EES documentation.

200 Issues raised in the submissions relevant to the question of land use and my focus are grouped under the following headings.

201 I have identified the following amenity impacts arising from the Gas Import Jetty Works component of the Project, broadly attributable to the use and development of the LNG Import Facility and its associated components:

• Impacts caused by noise, vibration, dust, air quality, lighting (at night) etc.

• Impacts related to increased activity associated with the Port including trucks, cars, transport of waste etc.

Noise and vibration

202 Noise and vibration impacts are addressed in Technical Report H. The assessment evaluates the noise and vibration impacts during the construction and operational phases of the project. The Report recommends various mitigation measures to ensure acceptable noise and vibration impacts during both phases and ongoing compliance.

203 Although compliance is predicted, the assessment acknowledges that there is some uncertainty regarding the potential variability in noise impacts under certain operating conditions. Mitigation measures are recommended (including ongoing engagement with the EPA) to ensure compliance with the Recommended Maximum Levels that form the basis of the mitigation measures.

6.1 Preamble

6.2 Amenity

Gas Import Jetty and Pipeline Project Contour Consultants Aust Pty Ltd 50 6 Review of Submissions

Air quality

204 Air quality impacts arising from potential sources of dust are addressed in Technical Report G. The assessment evaluates the dust impacts during the construction and operational phases of the project. The Report recommends various mitigation measures to ensure acceptable air quality impacts during both phases of the project.

Light spill

205 The issue concerning lighting impact raised in the submissions mainly relates to night-time effects (i.e. increased sky-glow) due principally to the low light levels at night and in what is otherwise a dark foreshore interrupted by areas of concentrated lighting mainly associated with existing port and maritime industrial activities.

206 Light spill associated with the Gas Import Jetty works is addressed in Chapter 14 (Landscape and Visual) and in Technical Report I --- Landscape and Visual Impact Assessment. The Assessment acknowledges that lighting has been designed to avoid direct light spill beyond the immediate surrounds of the Crib Point Jetty and Receiving Facility and therefore, avoids direct light spill impacts upon adjacent areas.

207 The light spill assessment also acknowledges that areas further afield including the residential receptors approx. 1.5km away (in the vicinity of 103 The Esplanade) can experience increased levels of secondary light including reflection, illumination of surfaces and sky glow. The Report recommends that the reflectivity of all surfaces of proposed infrastructure, built form and ground-surfaces illuminated by the proposed light sources is minimised to the greatest extent possible to minimise reflection, illumination and sky glow.

Transport activity

208 The transport impact related issues are addressed in Chapter 15 of the EES and Technical Report J --- Transport Impact Assessment. The submissions tend to focus on the increased traffic and movement generated by the proposal and the impact this has on the road network, safety levels and the amenity of the area. Associated risks of increased noise and dust feature in the submissions, particularly during the construction phases of the project. The assessment notes the specific mitigation measures relating to noise and dust provided in Chapter 12 (Air Quality) and Chapter 13 (Noise and Vibration).

209 The transport impact assessment acknowledges that the construction and operation phases of the Project are unlikely to have unmanageable impacts on the transport network. The Assessment also includes mitigation measures to safeguard the efficient and safe operation of the network. These include measures to address the construction phase of the Project, stakeholder consultation on transport changes, road safety, public transport disruption and a plan to manage the movement of nitrogen transport.


210 A judgement as to the acceptability of the various technical investigations in addressing the potential amenity impacts of the Project is ultimately dependent upon the validation of the work that has been undertaken and the recommended mitigation measures necessary to achieve the outcome sought.

211 I am satisfied that the matters raised in the submissions relevant to my focus of interest (as outlined above) have at least been addressed. It remains for the Advisory Committee to satisfy itself as to the whether the matters have been sufficiently addressed to secure the outcome identified.

212 A number of submissions raise concerns about the further industrialisation of Western Port Bay likely to be caused by the Project and contrast this with its recreation and environmental values. However, to ignore the history of the Port of Hastings and its use and development since its initial designation in the 1960’s for port-related purposes is to deny reality and the decisions that have secured its future for years to come as an important asset for Victoria’s growing trade in bulk commodities.

213 The Port of Hastings has been bulk trading in fuel for 50 or so years, serving both domestic and international shipping. The Crib Point Jetty is strategically important due to its access to deep-water shipping channels within the environment of a sheltered bay. The Crib Point Jetty is presently used for bulk fuel shipping activities. It is supported by an extensive area of land adjacent to the Port set aside for port purposes.

214 At the time of the initial assessment for suitability, the Port of Hastings received over 160 vessels in a year, with over 100 of these being oil and gas tankers. It has accommodated up to 800 vessels annually in previous years, such is its acknowledged capacity. It has a long history of accommodating and handling hazardous cargo. It is also a Port serviced by significant pipeline infrastructure that complements it’s functioning as a bulk fuel trading port.

215 Investigation of the Port’s potential in 2013 - 2015 as a second container port for Melbourne culminated in Bay West instead being confirmed the preferred location in 2018. The 2018 PDS has confirmed the focus of the Port of Hastings on growth in trade. The future for Crib Point is shaped by forecast growth in liquid bulk commodities and a capacity to accommodate ongoing development based on additional demand. The Project is an example of the demand that the 2018 PDS contemplates can be accommodate by the capacity available at Crib Point.

216 The Port and surrounding port area is substantial in area and has benefitted from sound strategic planning and Government policy that has secured substantial buffers, protected the area from encroachment of incompatible uses and built provisions into the MPPS to reserve land for port and port-related purposes in anticipation of its

6.3 Port use


further growth and development.

217 Rather than a land-based option, the FSRU approach adopted for the Project, avoids the need to construct large tank infrastructure and a regasification plant covering a large onshore footprint. At the end of the Project period (i.e. 20 years ), the FSRU moves on and departs the area thereby avoiding the need for decommissioning and rehabilitation of a large land-based plant.

218 The Port of Hastings features as a significant asset and part of the Mornington Peninsula and its history and ongoing growth and development as a working port trading in bulk liquid fuels is acknowledged. It has co-existed with the environment and community of Western Port and the broader Mornington Peninsula for some 50-60 years. Planning policy has long recognised and continues to acknowledge the coalescence of the Port and its environment and ‘‘the special emphasis it places on ‘‘finding the balance’’ --- meeting the need to pursue the economic advantages of the area, whilst ensuring the protection of the environment.’’2

219 In my opinion, the Project is not a catalyst for further industrialisation but an example of a use that is consistent with the long-standing designation and functioning of the Port. With the appropriate approvals and measures in place to assure the environmental outcomes sought, it too can happily co-exist with the environment and community of Western Port and the broader Mornington Peninsula as has prevailed in the Port area to date.

220 The Social Impact Assessment at Chapter 18 and Technical Report M of the EES include an assessment of a range of impacts relevant to the following issues raised in the submissions:

• Conflict between recreational role and the Port’s role.

• Diminished public access to Woolleys Beach Reserve and other reserves.

• Health and well-being associated with heightened anxiety levels, perceived increased safety risks, proximity to the township etc.

• Diminished quality of environment.

221 Some of the submissions focus on the recreational role of the foreshore reserve, Woolleys Beach and more broadly, the Mornington Peninsula and contrast this with the Project being of an industrial character and alien in terms of its suitability and fit. The relatively low level of utilisation of land and density of development currently within the Port area, attributed in large part to the effective buffers that have put in place to protect the Port, have potentially contributed to this viewpoint.

2 See Clause 21.10 of the MPPS

6.4 Health and well-being (Social)


222 There is likely to be a change in the pattern of use of Woolleys Beach Reserve as a result of the Project given the proximity of facilities proposed by the Project, including the operation of the LNG Import Facility. As the Social Impact Assessment also observes, noise combined with visual changes may alter the pattern of use of Woolleys Beach Reserve causing activities to potentially migrate south and/or be displaced to other locations.

223 Access or visitation to the Victorian Maritime Centre may also be affected by the construction and operation of the Project. There are likely to be some inevitable consequences of the Project which simply arise given the role and functioning of the Port such as altering the community use of various facilities, at least in the short-term, until the community becomes accustomed to the presence and operation, this case, of the LNG Import Facility.

224 The various technical investigations have sought to address the construction and operational impacts of the facility and put in place mitigation measures to ensure that the effects are both safe and acceptable. Those measures also seek to balance some of the perceived negative effects of the Project with potentially positive initiatives including increased community engagement, sourcing of local workers, provision for a community fund etc.

225 The value attributed to the environment and Western Port’s ecosystem by those submitters who have questioned the suitability of the proposed LNG Import Facility at Crib Point and its compatibility with the environment is understandable. It remains for the technical evidence to demonstrate the acceptability of the proposed facility and that the likely impacts and mitigation measures sought to be implemented are effective and deliver the necessary certainty.

226 Visual impacts associated with the Gas Import Jetty works are addressed in Chapter 14 (Landscape and Visual) and in Technical Report I --- Landscape and Visual Impact Assessment.

227 The submissions raise a range of issues that potentially impact upon the visual qualities and aesthetics of the Port and the area more generally. As mentioned above, the Social Impact Assessment at Chapter 18 also references the issue of visual impact and the value placed on visual amenity be members of the community.

228 The potential causes of altered visual amenity conditions identified by submitters include the following:

• Size and scale of vessels and jetty infrastructure.

• Land-based improvements and their visibility.

• Sky-glow effect.

• Removal of vegetation.

6.5 Visual impacts


229 The Landscape and Visual Impact Assessment addresses the potential

impacts during the construction and operational phases of the Project. It regards the visual impact attributed to the construction of the Crib Point Receiving Facility to be minor when viewed from surrounding areas given the screening provided by existing mature vegetation.

230 In terms of the Gas Import Jetty Works component of the Project, the Assessment acknowledges that the main visual impacts from the proposed operation of the LNG Import Facility would arise from the permanently moored FSRU at Crib Point Jetty, associated jetty infrastructure, LNG carriers arriving at the jetty and the Crib Point Receiving Facility. The location of these works is said to hold a high landscape value which therefore translates to a high sensitivity rating.

231 It is accepted that the physical environment and setting for the Gas Import Jetty Works is one of a working port where views of the existing jetty, remnant storage facilities and other industrial maritime activities including the movement of water and land based transport including large tankers provides a contextual background.

232 The FSRU measures approximately 300 metres in length and will be permanently moored at Berth 2 of the Crib Point Jetty. As Chapter 14 observes, there may be three vessels at the jetty being the FSRU, a visiting LNG carrier of similar proportions to the FSRU, and potentially a United Petroleum vessel at Berth 1.

233 There would also be Jetty Infrastructure installed on the pierhead, including marine loading arms and firefighting equipment. Land based improvements include the Crib Point Receiving Facility including the nitrogen storage tank which would be up to 20 metres high, other buildings and structures such as stainless steel vaporiser towers, firewater tanks and nitrogen unloading facilities which would be visible from certain vantage points.

234 For the proposed Crib Point Receiving Facility and FSRU, the Landscape and Visual Impact Assessment attributes a moderate visual impact when viewed from a number of viewpoints along the coastal foreshore, including from the Victorian Maritime Centre, submarine (HMAS Otama) lookout and Woolleys Beach. In general terms, visibility of the infrastructure is generally screened by coastal foreshore vegetation and existing infrastructure. One of the mitigation measures recommended is the planting of additional landscape screening within the viewshed of roads (including The Esplanade and where possible, private residences.

235 As mentioned above, the Landscape and Visual Impact Assessment also assessed the light impacts at night from the Crib Point Receiving Facility, FSRU and LNG carrier. The modelling showed that light spill from these facilities diminishes significantly with no measurable increase in lux levels at the nominated land-based viewpoint locations.


236 The Assessment acknowledged however that lighting from these new facilities would contribute to a sky glow effect at Crib Point Jetty. It also observes that there would be a considerable change to the view from one residential dwelling (No. 103 The Esplanade) at night due to an increase in lighting from the FSRU moored at the jetty. Located at approx. 1.4km from Berth 2 where the FSRU will be moored, the impact upon this residential property is assessed as moderate. Landscape screening is one of the recommended mitigation measures.

237 The focus of Chapter 19 (Business) of the EES is on the potential impacts on business from the construction and operation of the Project. The Business Impact Assessment assesses the potential adverse effects from the Project on non-agricultural local businesses and businesses that use Western Port.

238 Under the heading ‘Economic considerations’ I have grouped the issues raised by a number of submitters relevant to my assessment. They are:

• Impacts of the proposal on tourism and small business.

• Net job impacts.

• Need for the project.

• Alternative site/location investigation.

• Business and industry support for the Project

239 In terms of the Gas Import Jetty Works component of the Project, the Business Impact Assessment concludes that these works are expected to have minimal impact on businesses during the construction phase of the Project. Similarly the operation of the facility is also expected to have a minimal impact on the Victorian Maritime Centre being the only business activity operating virtually at the site of the Gas Import Jetty Works.

240 The focus of the Business Impact Assessment in terms of addressing potential impacts is directed at the Pipeline Works component of the project in particular, the potential disruption caused throughout the construction phases of the project to local businesses.

241 In the context of the submissions, the Business Impact Statement does directly assess a number of matters raised in the submissions. Its purpose is different to that which might be served for example, by an economic impact assessment which ordinarily would look at:

• Potential impacts caused by a proposal on a particular business or market sector.

• An employment impact analysis.

• An analysis of the need for the project.

6.6 Economic considerations


• An analysis of alternative sites and a comparison of their

relative merits on economic grounds.

242 On the basis of my examination of the scoping requirements and the matters which the Minister identified needed to be addressed in the EES, an economic impact assessment was not identified as one of the matters which needed to be addressed. In any event, having regard to the purpose of the EES and the essence of the Project, the matters identified above largely speak for themselves or have been addressed variously in the EES documentation.

243 Whereas some submitters have claimed that an absence of a detailed economic report that addresses the effects of the Project upon tourism to be a shortfall others have indicated support for the Project the economic case in its favour to be a compelling one.

244 The Project seeks to locate in a trading port that is already used for the purpose of import and export of industrial products through the Port including crude oil, ethanol, LPG and steel. The cohabitation of the Port with the broader functioning of the Mornington Peninsula as a tourism destination is already ‘in play.’ As Chapter 2 of the EES also acknowledges, the Port currently serves international shipping operations , with an average of 190 vessels per year for the past 20 years. Industrial activities have occurred in the vicinity of Crib Point Jetty for more than 50 years and one of the two berths is currently used by United Petroleum to transfer fuel to its onshore storage facility.

245 In employment terms, the Project is unique to Western Port Bay and therefore not a direct competitor of any businesses in the region and therefore, a competitive impact analysis is not relevant. The EES states that the Project is expected to employ more than 500 workers at its construction peak. Ongoing business and job opportunities for local suppliers and employment would include for general trade and support services such as the FSRU crew and security staff as well as for food contractors and vegetation management. The Project is expected to create more than 40 permanent jobs once it is operating.

246 The basis for the Project as outlined in the EES is driven by a need for Victoria to find alternative sources of gas supply to meet a projected gas supply shortfall and to improve gas supply certainty from 2024 onwards. A number of submitters have queried the legitimacy of this proposition whilst others challenge the underlying premise concerning the dependency upon gas as an energy resource going forward.

247 An explanation of the rationale for selecting Crib Point is provided in Chapter 2 --- Project Rationale including an explanation of the process of selecting Crib Point as opposed to other sites evaluated by AGL. The attributes of Crib Point Jetty are further explained including its capacity to accommodate vessels with the characteristics of the FSRU, including its length of 300m.


248 The Crib Point site assessment outlined in Chapter 2 provides an account of the suitability of the location and the various factors or considerations said to reinforce its selection. Included among the various factors is an acknowledgement of the land use zoning provisions applicable to the Port, the history of port use and its physical characteristics to accommodate the facility with acceptable planning buffers already in place.

249 As part of my assessment, I have considered the submissions of the various authorities, Councils, community groups and representative bodies. Other than those submissions that support the Project, the balance of the submissions generally repeat similar concerns to individual submitters with a focus on amenity, operational impacts and environmental considerations together with those matters generally referred to above.

250 In relation to the Mornington Peninsula Shire Council, I note that its submission also focuses mainly on environmental considerations and local amenity without appearing to reference either the MPPS or the MPLPS in its consideration.

251 In the only section of its submission (at page 16) that references the Amendment, the Council makes the point that despite its opposition, if the proposal was to be approved, it quite reasonably supports the use of a singular, integrated planning mechanism to manage the Project. It also seeks an appropriate role in the administration and enforcement of the Incorporated Document and EMF which may be impractical given the regulatory framework proposed and the various authorities and technical nature of the approvals involved.

6.7 Other matters


7

7 Review of mitigation measures and key documents

252 I have been requested to address the mitigation measures recommended in the EES relevant to my area of expertise which principally concerns Chapter 17 --- Land Use and Chapter 25- Environmental Management Framework.

253 The focus of my assessment was on Gas Import Jetty Works being the component of the Project requiring planning approval under the Planning and Environment Act.

254 Chapter 17 identified the risks and potential impacts of the construction and operation of the Project on existing and future land uses. It concluded that the Project would not result in unacceptable or long-term impacts to the existing composition of land uses within the Project Area and would not diminish the long-term vision for growth and land use planning in the broader Western Port region.

255 Despite the land use impact assessment not recommending the introduction of new mitigation measures, Chapter 17 acknowledges nonetheless that supporting EES technical reports and chapters provide sufficient mitigation measures to appropriately reduce the risk of the identified land use impacts. The supporting chapters and related mitigation measures (by MMID No.) include:

• Chapter 12 - Air quality − MM-AQ01 Dust suppression − MM-AQ02 Restricted vehicle movements − MM-AQ05 Covering vehicle loads − MM-AQ06 Weather monitoring − MM-AQ07 Dust monitoring − MM-AQ08 Odorous soils management − MM-AQ09 Equipment maintenance − MM-AQ10 Maintenance of the FSRU burners − MM-AQ11 Monitoring FSRU air emissions

• Chapter 13 - Noise and vibration

− MM-NV01 Managing noise and vibration from

construction activities − MM-NV02 Construction noise criteria − MM-NV03 Vibration safe working distances − MM-NV04 Offsite noise management measures − MM-NV06 Noise and vibration monitoring − MM-NV07 Managing cumulative noise impacts − MM-NV08 Managing impacts from ground vibration − MM-NV09 Condition surveys − MM-NV10 Operational noise controls − MM-NV11 Operational noise cumulative controls − MM-NV12 Notification for mooring LNG carriers − MM-NV13 Post-commissioning measurements

7.1 Mitigation measures

Gas Import Jetty and Pipeline Project Contour Consultants Aust Pty Ltd 59 7 Review of mitigation measures and key documents

• Chapter 14 - Landscape and visual − MM-LV02 Landscape screening − MM-LV03 Materials and finishes − MM-LV04 Preventative maintenance − MM-LV05 Reflective surfaces − MM-LV06 Vegetation outside construction footprint

• Chapter 20 – Agriculture (only relevant to Pipeline Works)

256 In addition to the above, I also note the Social Impact Assessment in Chapter 18 of the EES and the following recommended mitigation measures (by MMID No.) of relevance to land use:

• Chapter 18 - Social − MM-SO01 Consultative mechanism for information and

enquiries − MM-SO02 Consultation on recreational activity at

Woolleys Beach − MM-SO04 Source local workers − MM-SO05 Community fund

257 On the latter initiative concerning a community fund, I note the submission of the Mornington Peninsula Shire Council and its nomination of social, economic, amenity and land use ‘offset projects’ that may form part of the community engagement process.

258 I am satisfied on account of the relevant technical reports and impact assessments that the key considerations impacting the land use component of the EES have been appropriately identified.

259 I am aware that the proponents for the Project are preparing a further draft of the measures to account for feedback from various experts and received through the submissions and that I will be asked to review those in advance of the IAC hearing.

260 Of the approvals required to facilitate the Project, the PSA and Incorporated Document form part of my assessment. I have been requested to review the Incorporated Document in the draft PSA and to provide my views on the proposal.

261 The draft PSA proposes to apply the Specific Controls Overlay to the Gas Import Jetty Works including the FSRU thereby allowing for the application of an Incorporated Document to facilitate and control the Project under the provisions of the MPPS.

262 In effect, the Incorporated Document will switch off planning controls for the area covered by the SCO for the purposes of implementation of the Project, provided the Gas Import Jetty Works are carried out in accordance with stated conditions within the Incorporated Document.

7.2 Incorporated Document & PSA


263 Given the State and regional significance of the Project, the Minister for Planning is to be the responsible authority for the Project. The Minister will have oversight over the Project through the Incorporated Document. This is consistent with other equally significant projects.

264 The Incorporated Document would allow the use and development of the land in accordance with the specific and comprehensive conditions of approval contained in the Incorporated Document. The conditions of approval in turn are to be informed by outcome of this inquiry and the Minister’s assessment of the EES.

265 Chapter 25 addresses the Environmental Management Framework for the Project. Having regard to the draft Incorporated Document, it is anticipated that the following would apply:

• Design and landscape plans are required to be prepared to the satisfaction of the MInister which address a range or considerations Including (among others) site layout plans, FSRU mooring location, site level, architectural plans (referencing landscape and visual mitigation measures), landscaping proposed and lighting. [clause 4.3.1]

• An Environmental Management Plan (EMP) would be prepared in accordance with the conditions stipulated in the Incorporated Document. [clause 4.3.2]

• It is proposed that the EMP must include:

− mitigation measures related to the Gas Import Jetty Works as developed in the EES and identified in the Minister’s Assessment of the EES (as generally proposed in the Draft Incorporated Document ). [clause 4.3.3]

− preparation of a Construction Environmental Management Plan (CEMP) and Operations Environmental Management Plan (OEMP) and other plans and procedures required by the mitigation measures.[clause 4.3.4]

• It is proposed that the EMP would also include the process and timing for consultation with relevant stakeholders (as generally proposed in the Draft Incorporated Document); [clause 4.3.4]

• The CEMP is to include an overarching framework for site works or specific measures to reduce and manage environmental and amenity effects during construction of the Project; [clause 4.3.5]

• It is proposed that the CEMP include detailed management plans and protocols for the management of a range of matters generally as proposed in the draft Incorporated Document including management plans addressing air quality, hazardous substances management, noise and vibration, sediment, erosion and water quality (including surface and ground water)


and traffic and transport; [clause 4.3.5]

• The CEMP must also include a summary of the consultation that informed the preparation of the CEMP and a summary of the proposed ongoing engagement activities with Council, the community and other stakeholders during construction, and enquiries and complaints management; [clause 4.3.5]

• The CEMP must also include a summary of performance monitoring and reporting processes generally as proposed in the draft Incorporated Document; [clause 4.3.5]

• It is proposed that the OEMP include an overarching framework for managing environmental and amenity effects during operation of the Project; [clause 4.3.6]

• It is proposed that the OEMP include detailed management plans and protocols for the management of a range of matters generally as proposed in the draft Incorporated Document including management plans addressing air quality, hazardous substances management, noise and vibration, sediment, erosion and water quality (including surface and ground water), marine monitoring, native vegetation offset management and traffic and transport; [clause 4.3.6]

• The OEMP must also include a summary of the consultation that informed the preparation of the OEMP and a summary of the proposed ongoing engagement activities with Council, the community and other stakeholders during operation of the Project, and enquiries and complaints management. [clause 4.3.6]

• The OEMP must also include a summary of performance monitoring and reporting processes generally as proposed in the draft Incorporated Document; [clause 4.3.6]

• The provisions provide that the EMP must be consistent with other approvals and may be amended to the satisfaction of the Minister. [clauses 4.3.7 & 4.3.8]

• The EMP must also be amended to accord with evolving legislative changes as generally set out in the Incorporated Document. [clause 4.3.9]

• The Incorporated Document requires that the use and development of the Project must be carried out in accordance with the approved EMP including the mitigation measures and all plans and procedures required by them. [clause 4.3.10]

• It is proposed that the Incorporated Document include conditions relevant to a range of other matters including (among others) bushfire management, native vegetation, flood


management and road access, generally as proposed in the Draft Incorporated Document.

266 I regard the use of the SCO and Incorporated Document informed by the outcome of the EES process and the Ministers assessment of the EES as the appropriate statutory planning mechanism to facilitate the approval and ultimate delivery of the Project.

267 Given that submissions have raised matters relevant to the drafting of the Incorporated Document and more specifically, the scope of the planning control I expect that the drafting of the Incorporated Document will be the subject of the Advisory Committee’s consideration as it typically has been with other EES projects where the Incorporated Document has been used.

268 Having reviewed the Incorporated Document (as presently drafted) and compared it against others I consider the following should be considered in any further refinement of the instrument:

• Terminology used in Clause 4.3.1 of the Incorporated Document referencing ‘Design and Landscape Plans’ should be amended to ‘Development Plans’ as this reflects accepted town planning nomenclature.

• Provisions requiring that an explanation be included in the Development Plan demonstrating how the Development Plan is in accordance with the approved mitigation measures included within the Environmental Management Plan.

• Provisions enabling the Development Plan to be amended to the satisfaction of the Minister.

• Provisions be included requiring the approved plans including the Development Plan, EMP, CEMP, OEMP and other plans required by the mitigation measures, be available on a clearly identifiable Project website.

269 I have been requested to review the works approval applications for the Project. The relevant Works Approval Application for the Gas Import Jetty Works component of the Project is set out at Attachment VIII (including Technical Report A and Appendix B) of the EES documentation.

270 Having reviewed the Works Approval Application, I am unable to identify any matters that would fall within my scope or that I haven’t otherwise commented on earlier in my report.

271 The matters are generally technical in nature and extend beyond my area of expertise.

7.3 Works Approval Applications


8

8 Expert Witness Declaration

Name and Address

Andrew Biacsi is a Director of Contour Consultants Australia Pty Ltd, Town Planners and practices from Level 1, 283 Drummond Street, Carlton Victoria, 3053

Professional Qualifications

→ Bachelor of Applied Science (Planning)

→ Graduate Diploma in Urban and Regional Planning

→ Director --- Contour Consultants Australia Pty Ltd

→ Member of Planning Institute of Australia (PIA)

Professional Experience

First employed as a town planner in 1980. I have been employed in both public and private practice for a period of approx. 40 years in Victoria, the A.C.T. and New South Wales. I have been in private practice since 1989 and at Contour Consultants since 1991.

Areas of Expertise

→ Statutory and strategic planning, and urban design.

→ Advice and assessment of land use and development proposals to planning authorities, government agencies, corporations and developers (including major residential, retail, commercial, industrial, institutional and mixed use projects).

→ Preparation and presentation of evidence before VCAT, Supreme Court of Victoria, the Magistrates Court and various government appointed independent panels and advisory committees.

Expertise to Prepare this Report

My training and experience including involvement with many major and mixed-use developments over a period of approximately 40 years qualifies me to comment on the town planning and strategic policy implications of the proposal.

Gas Import Jetty and Pipeline Project Contour Consultants Aust Pty Ltd 64 8 Expert Witness Declaration

Instructions which Define the Scope of this Report

I am instructed in this matter jointly by Ashurst and Hall & Wilcox on behalf of AGL and APA respectively. My instructions are in writing and dated 6 July 2020 and are as summarised at Section 2.0 of this statement.

Facts, Matters and Assumptions Relied Upon

The facts, matters and assumptions I have relied upon in preparing this statement are as set at Section 3.0 of this statement.

Documents Taken into Account

The documents that I have taken into account in preparing this statement are those referred to in the statement including the documents as set out at Section 2.0 of this statement.

Identity of Persons Undertaking the Work

Report prepared by Andrew Biacsi.

Relationship with Proponent

I have no private or business relationship with the proponents, other than being engaged to prepare this statement.

Summary of Opinions

The opinions I hold are those as set out in the statement including the summary as set out at Section 4.0 of this statement.

I have made all enquiries that I believe are desirable and appropriate and that no matter of significance which I regard as relevant have to my knowledge been withheld from the Inquiry and Advisory Committee.

Andrew Biacsi Director Contour Consultants Australia Pty Ltd

PO Box 1040 Level 1⁄283 Drummond Street Carlton Victoria 3053

Telephone 03 9347 6100 [email protected] contour.net.au

Contour Consultants Australia Pty Ltd ABN 98 417 162 976 ACN 068 152 714