mallacoota ocean access boat ramp at …...distribution: internal review 1 v1.0 feb 2017 chris...

ENV IRONMENTA L ASSESSMENT & NAT URAL RESOURCE MANA GEM ENT

C O N S U L T A N T S

MALLACOOTA OCEAN ACCESS BOAT RAMP at BASTION POINT

Independent Compliance Audit of Environmental Management Plan

2016 Operation and Maintenance

Prepared For:

East Gippsland Shire March, 2017

Mallacoota Ocean Access Boat Ramp at Bastion Point: Independent Compliance Audit of Operation and Maintenance Environmental Management Plan - 2016

East Gippsland Shire

ETHOS NRM

E N V I R O N M E N T A L A S S E S S M E N T & N A T U R A L R E S O U R C E M A N A G E M E N T

Page 1

Cover Photo: Bastion Point Boat Ramp, November, 2016

ETHOS NRM Pty Ltd

ABN: 44 104 999 528

PO Box 204, 162 Macleod St Bairnsdale, Vic. 3875 Telephone: 03-5153 0037 Facsimile: 03-5153 0038 E-mail: [email protected] Website: www.ethosnrm.com.au

Ethos NRM Pty Ltd Document Control

Client East Gippsland Shire

Title Mallacoota Ocean Access - Bastion Point Boat Ramp: Independent Audit of Environmental Management Plan 2016 Operation and Maintenance

Author Eric Sjerp

Manager Eric Sjerp

Reviewed Internally

Version V2.2

Electronic File Name 16043 egsc bastion point emp op and maint audit 2016 v2.2.docx

Date Last Saved 30th March 2017

Date Last Printed No. Vers. / Format Date

Distribution: Internal review 1 v1.0 Feb 2017

Chris Waites – East Gippsland Shire 1 V2.2 30 March 2017

mailto:[email protected]

http://www.ethosnrm.com.au/



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TABLE OF CONTENTS

EXECUTIVE SUMMARY ................................................................................................. 4

1 INTRODUCTION ........................................................................................................ 5

1.1 MALLACOOTA OCEAN ACCESS BOAT RAMP .............................................................. 5 1.2 OPERATION AND MAINTENANCE ENVIRONMENTAL MANAGEMENT PLAN ...................... 5 1.3 AUDITOR’S STATEMENT ........................................................................................... 6

2 INDEPENDENT AUDIT .............................................................................................. 7

2.1 AUDIT SCOPE AND OBJECTIVE ................................................................................. 7 2.2 AUDIT PERIOD ........................................................................................................ 8 2.3 OPERATIONS AND MAINTENANCE ACTIVITIES ............................................................ 8

2.3.1 Area of Operations and Maintenance ............................................................ 8 2.3.2 Definitions and Activities ................................................................................ 9

2.4 AUDIT METHODOLOGY AND STANDARDS .................................................................. 9 2.5 AUDIT MEETINGS, AUDIT EVIDENCE AND SITE INSPECTIONS .................................... 10 2.6 COMPLIANCE RANKINGS ........................................................................................ 11

3 DECLARED NON-CONFORMANCES ......................................................................12

4 AUDIT FINDINGS .....................................................................................................12

4.1 AUDIT CRITERIA .................................................................................................... 12 4.2 AUDIT FINDINGS ................................................................................................... 12 4.3 POSITIVE AUDIT OUTCOMES .................................................................................. 15 4.4 NON-COMPLIANCES AND AREAS FOR IMPROVEMENT ............................................... 15

5 CONCLUSION ..........................................................................................................17

6 REFERENCES ..........................................................................................................20

7 APPENDIX 1: DETAILED AUDIT FINDINGS............................................................21

TABLES

Table 1: Compliance Ranking Definitions

Table 2: Summary of Audit Criteria Compliance Findings

Table 3: Recommended Improvements for Operational Phase

Table 4: Summary of previous Audit Findings

PLOTS

Plot1: MOABR EMP Compliance Results



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ABBREVIATIONS

CEMP Construction Environmental Management Plan

CMA Coastal Management Act

DELWP Department of Environment Land Water and Planning (formerly DEPI)

DEPI Department of Primary Industries (now DELWP)

DoE Department of Environment (Commonwealth)

EGSC East Gippsland Shire Council

EMP Environmental Management Plan

EPBC Environment Protection and Biodiversity Conservation Act 1999

GPM GPM Construction Pty Ltd

GP Gippsland Ports

MOA Mallacoota Ocean Access

MOABR Mallacoota Ocean Access Boat Ramp

O&M EMP Operations and Maintenance Environmental Management Plan

PDS Project Delivery Standards (also referred to as Audit Criteria)



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42.4% 21.2%

18.2%

0.0% 0.0%

18.2% Fully Compliant

Compliant

Minor Non-Compliance

Major Non-Compliance

Critical Non-Compliance

Undetermined

EXECUTIVE SUMMARY

Mallacoota Ocean Access Boat Ramp was constructed in 2014 by East Gippsland Shire to facilitate improved launching facilities and ocean access at Bastion Point for commercial and recreational vessels. The facility became operational in December 2014.

Operation and maintenance of Mallacoota Ocean Access Boat Ramp (MOABR) is subject to a variety of statutory approvals and conditions, which are reflected in an approved Operation and Maintenance Environmental Management Plan (O&M EMP).

This Independent Audit seeks to establish the extent to which operation and maintenance activities undertaken by East Gippsland Shire at MOABR in 2016 comply with the requirements of the O&M EMP. The Independent Audit is not an assessment of the boat ramp design or environmental values at Bastion Point. The Audit relates only to an assessment of compliance with the approved MOABR O&M EMP. A similar Audit was completed for the 2015 operation and maintenance activities (Ethos NRM, 2016), and many of the finding are similar due to the two audits being completed concurrently.

All Audit Criteria (or Project Delivery Standards) within the O&M EMP have been assessed by the Auditor against agreed Compliance Rankings (Table 1). A summary of the Audit Findings is presented Table 2 and below. Detailed audit findings are listed in Appendix 1.

Based on the evidence made available by East Gippsland Shire and on-site inspections, the Auditor has found marginally less than half of the assessed criteria to be Fully Compliant. However, the Auditor has also found a significant proportion of Minor Non-Conformance, a considerable lack of documentation, and significant scope for improvement during future operational & maintenance activities at MOABR.

In summary:

42.4% of Audit Criteria are Fully Compliant (14 out of 33)

21.2% of Audit Criteria are Compliant but Improvements Required (7 out of 33)

18.2% of Audit Criteria are a Minor Non-Compliance (6 out of 33)

0% of Audit Criteria are a Major Non-Compliance (0 out of 33)

0% of Audit Criteria are a Critical Non-Compliance (0 out of 33)

18.2% of Audit Criteria are Undetermined due to lack of Evidence (6 out of 33)

An additional four Audit Criteria are considered Not Applicable for this audit assessment.



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1 INTRODUCTION

Ethos NRM Pty Ltd, Environmental Assessment and Natural Resource Management Consultants were engaged by East Gippsland Shire Council to undertake an independent compliance audit of the Operation and Maintenance Environmental Management Plan applicable to operation and maintenance of the Mallacoota Ocean Access Boat Ramp located at Bastion Point.

This Audit Report covers the 2016 calendar year period. A separate report (Ethos NRM, 2016) covers the 2016 period.

1.1 Mallacoota Ocean Access Boat Ramp

Mallacoota Ocean Access Boat Ramp (MOABR) was constructed by East Gippsland Shire to facilitate improved launching facilities and ocean access at Bastion Point for commercial and recreational craft up to approximately 10 metres in length.

An existing boat ramp at Bastion Point was historically used by recreational fishers, commercial Abalone divers, fisheries patrols, emergency response agencies, Victorian Water Police, Coast Guard, and for servicing Gabo Island. The original boat ramp was used intensively during summer and Easter holiday periods, resulting in car and boat trailer parking often reaching capacity.

Bastion Point is also a popular surfing location and recreational swimming / beach bathing spot for both local residents and tourists.

Construction of the Mallacoota Ocean Access Boat Ramp at Bastion Point was undertaken under contract by GPM Constructions on behalf of East Gippsland Shire. Construction was completed in December 2014.

Ongoing operation and maintenance of the boat ramp facility is the responsibility of East Gippsland Shire, and is undertaken in accordance with various regulatory approvals and an Operation and Maintenance Environmental Management Plan (O&M EMP).

1.2 Operation and Maintenance Environmental Management Plan

Operation and maintenance of the Mallacoota Ocean Access Boat Ramp at Bastion Point is subject to a variety of statutory approvals which originate from a 2009 Ministerial Assessment of the Mallacoota Ocean Access Boat Ramp Environmental Effects Statement and subsequent Coastal Management Act Consent (DELWP, 2013). Conditions contained within these approvals are reflected in the Operation and Maintenance Environmental Management Plan.

The O&M EMP outlines the environmental management requirements to be complied with during operation and maintenance of the Ocean Access Boat Ramp and its related infrastructure at Bastion Point, Mallacoota.

Version ‘Final V2’ dated 1st December 2014 (Crossco, 2014) is the most recent O&M EMP document and forms the basis of this Audit. It is based on an earlier approved Plan (Version 5, dated 6th November, 2014) that addressed both construction and operation & maintenance requirements. The current ‘Final V2’ O&M EMP document only addresses operation & maintenance requirements

Environmental and statutory approvals addressed by the O&M EMP include the Environment Protection and Biodiversity Conservation Act 1999 (Commonwealth), Environment Effects Act 1978, Coastal Management Act 1995, Environment Protection Act 1970, and the Planning and Environment Act 1987.



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The O&M EMP comprises several parts/sections based on general requirements, operational and maintenance aspects, and an environmental risk assessment and register. In summary the approved EMP includes:

• Performance requirements for environmental management during the operational phase (post-construction) of the boat ramp;

• Performance requirements for environmental management of maintenance activities undertaken during the operational phase of the boat ramp;

• Risk assessment framework and project risk register; • Environmental objectives and targets for different components of the operation and

maintenance works; • Environmental controls, including standards and limits, to ensure that specific

objectives and targets are achieved; and • Responsibilities for implementing the EMP.

The Environmental Risk Assessment and Register included in Appendix 5 of the O&M EMP provides an evidence-based assessment of the potential impacts from construction and operational activities upon specific environmental values. The risk treatment / mitigation measures identified in the Environmental Risk Assessment are reflected as environmental controls in the O&M EMP.

Key risk events identified in the Risk Assessment and Register are:

• Airborne noise; • Coastal ecology and habitat; • Terrestrial habitat; and • Removal of native vegetation.

Specific environmental performance standards and targets to address the risk are referred to as Project Delivery Standards (PDS) and Environmental Controls in the O&M EMP.

East Gippsland Shire, as the ‘owner and operator’ of Mallacoota Ocean Access Boat Ramp, is responsible for ensuring that all operational and maintenance activities relating to the MOABR comply with the O&M EMP. Council staff are responsible for day-to-day activities, and engage consultants / contractors for specialist tasks.

1.3 Auditor’s Statement

This Independent Audit has been completed in accordance with a Project / Audit Brief and is generally consistent with the requirements of ISO19011:2003. The Auditor is suitably qualified, experienced and competent to undertake the audit.

Ethos NRM has previously completed a variety work for East Gippsland Shire Council (EGSC), including:

Independent Compliance Audit of Environmental Management Plan for

construction of Mallacoota Ocean Access Boat Ramp

Development of management plans for foreshore, recreation / open space and

ecologically sensitive areas managed by EGSC;

Development and involvement in preparation of environmental and planning

strategies for rural land and ecologically sensitive areas;

Independent reviews and status assessments of previously prepared management

plans;

Independent compliance reviews of previously completed revegetation works; and



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Independent assessment and reporting of environmental values and potential

impacts of proposed Council works.

In addition, Ethos NRM regularly prepares environmental impact reports to accompany planning permit applications by third parties, which are then subsequently assessed by Council statutory planning staff for approval.

Ethos NRM has had no direct involvement in undertaking environmental assessments, reporting or gaining approvals associated with establishment or operation of the MOABR. Ethos NRM did provide Council with advice regarding the scope and content of the Project/Audit Brief for this Independent Audit.

East Gippsland Shire Council prior to engaging Ethos NRM, and Ethos NRM prior to accepting this audit contract, each assessed the potential for a conflict of interest, and concluded that the previous work by Ethos NRM in no way compromises the independence of Ethos NRM in undertaking this audit, nor does the previous work constitute a Conflict of Interest.

2 INDEPENDENT AUDIT

2.1 Audit Scope and Objective

This Independent Audit seeks to establish the extent to which operation and maintenance of the Mallacoota Ocean Access Boat Ramp complies with the requirements of the O&M EMP.

The Objectives of the Independent Audit, as specified in the Audit Brief (East Gippsland Shire Council, September 2016), is to:

1. Undertake an independent compliance audit of the approved EMP including:

independently assess implementation of the EMP; and

independently gather information that verifies compliance against all the

Environmental Controls specified in the EMP.

2. Advise East Gippsland Shire of any non-conformances with the EMP.

3. Provide a written audit report to East Gippsland Shire outlining:

the extent of compliance against all Environmental Controls specified in the

EMP; and

any potential improvements to the audit process for subsequent ‘operational

and maintenance’ audits.

Importantly, the Audit Brief highlights that the Independent Audit is not an assessment of the boat ramp design or environmental values at Bastion Point. The Audit relates only to an assessment of compliance with the approved MOABR O&M EMP.

This Independent Audit relates only to the operational and maintenance phase of MOABR. The Audit Brief explicitly excludes auditing of construction aspects, which have been separately audited following completion of the construction phase (Ethos NRM, 2015).



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2.2 Audit Period

This Audit Report covers operations and maintenance activities at Mallacoota Ocean Access Boat Ramp for the 2016 calendar year period.

Conditions of the Coastal Management Act Consent require that a separate independent operations and maintenance audit is undertaken and reported upon annually.

A separate Audit Report covers the 2015 period (Ethos NRM, 2016).

Both the 2015 and 2016 audits were undertaken simultaneously between November 2016 and March 2017, with audit meetings, provision of audit evidence, and assessment of audit evidence occurring concurrently.

2.3 Operations and Maintenance Activities

2.3.1 Area of Operations and Maintenance

The area within which Council’s operations and maintenance activities are permitted to occur is defined by a formal Crown Land Lease area on Plan of Crown Allotment OP123390, which is illustrated in Appendix 1 of the O&M EMP, and is reproduced below.



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2.3.2 Definitions and Activities

Operations is defined in the Audit Brief as:

Operations include the launching and / or retrieval of vessels and temporary berthing of vessels associated with launching and retrieval of vessels. Operational activities will be carried out by commercial, recreational and Government Agency users.

Operations will be undertaken in accordance with the Maritime Safety Operational Manual as required by condition 3 of the Coastal Management Act consent dated 14 January 2013.

Maintenance is defined in the Audit Brief as:

Maintenance works are defined as works required or undertaken to preserve the infrastructure constructed in good working order, and as near to “as designed” and “as constructed” for as long as possible.

These works may be routine or on an “as required” basis.

Maintenance works are the responsibility of EGSC and will be carried out by or on behalf of EGSC.

Operations and maintenance activities that may occur at MOABR are listed in Appendix 1 of the O&M EMP, and include but are not necessarily limited to:

Establish environmental & cultural heritage management controls and OHS in

accordance with approved plans

Removal of sand and/or kelp from boat ramp

Landscaping

Timber structures (jetty, bollards, walkway)

Roadways and pedestrian access paths

Breakwater

Navigational aids

Ablutions

Lighting

Pavement line marking

Signage

Navigational channel

Servicing infrastructure (electricity, sewer, water)

Parking of vehicles and associated trailers.

2.4 Audit Methodology and Standards

Requirements of AS/NZS ISO 19011:2003 Guidelines for Auditing Management Systems have been used to direct this audit. AS/NZS ISO 19011:2003 provides a clear systematic approach for undertaking audits and allows for a consistent approach across multiple or recurrent audits. Definitions used throughout this Audit Report are generally consistent with AS/NZS ISO 19011:2003.

The audit methodology is consistent with the Audit Brief issued by Council and with the Coastal Management Act Consent conditions stipulated by the Department of Environment Land Water and Planning (DELWP, 2013).



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The environmental requirements, standards and limits assessed by this audit are listed as Project Delivery Standards (PDS) and Environmental Controls in the O&M EMP, and are referred to in this report as Audit Criteria for the purposes of assessing compliance with the O&M EMP. The individual Audit Criteria are listed in the ‘Register of Environmental Objectives and Targets’ of the O&M EMP (Table 4 to Table 10, Appendix 4), and in Table 3 of the O&M EMP.

An Audit Plan was developed in cooperation with East Gippsland Shire Council staff to direct specific audit tasks and to ensure the audit objectives and methodology were clear.

The audit methodology involved:

Audit Commencement Meeting and development of an agreed Audit Plan

Confirmation of an agreed suite of Audit Criteria

Confirmation of compliance rankings

Exchange of audit evidence

Audit meetings

On-site inspection at Bastion Point and East Gippsland Shire’s Mallacoota depot

office

Audit assessment

Issuing of Draft Audit Findings

Issuing of Final Audit Findings and Audit Closure

2.5 Audit Meetings, Audit Evidence and Site Inspections

Ethos NRM undertook both the 2015 and 2016 audits simultaneously between November 2016 and March 2017, with site inspections, audit meetings and provision of audit evidence occurring concurrently. However separate Audit Reports have been prepared for each Audit Period. This report covers the 2016 calendar year period.

An audit inception / commencement meeting was held on 3rd November, 2016, where the Audit Plan, method and Audit Criteria were confirmed.

Subsequent meetings, phone calls and email exchanges took place over the following months in order to facilitate the transfer and assessment of information and Audit Evidence provided by Council staff.

All available evidence was freely provided to the Auditor.

A portion of the Audit Evidence provided by EGSC applies to both the 2015 and 2016 audits, and given that both audits were undertaken simultaneously, there is considerable repetition in a number of the Audit Findings within the two Audit Reports.

A site inspection and meeting was undertaken by Ethos NRM on 18th November, 2016, which afforded the Auditor with first-hand observational evidence of the operating boat ramp. An earlier site inspection was also conducted by Ethos NRM on 30th April, 2015 as part of the MOABR Construction EMP Compliance Audit (Ethos NRM, 2015)

Assessment of Audit Evidence occurred between November 2016 and February 2017. The Auditor also benefited from his familiarity of the general Bastion Point boat ramp environs, having visited the site on numerous occasions before and subsequent to this audit, for matters other than this audit.



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A Final Audit report was issued to East Gippsland Shire on 30th March, 2017, and Audit Closure is expected to occur in early April, 2017.

2.6 Compliance Rankings

Compliance Rankings and definitions listed in the Audit Brief were confirmed at the Commencement Meeting as being appropriate for use in undertaking a compliance audit of the O&M EMP.

Table 1 lists the adopted compliance rankings.

The ranking applied to an O&M EMP non-conformance (ie Minor, Major or Critical), was determined by assessing the extent to which the non-conformance impacts on environmental values, as outlined in the environmental risk register included in Appendix 5 of the O&M EMP, and with the regulatory (legal) approvals governing that specific non-conformance.

Table 1: Compliance Ranking Definitions

Compliance Rank / Grade

Description

Fully Compliant There is sufficient evidence to confirm that actions have been undertaken, prepared and/or implemented in full compliance with the requirements of the auditable element.

Compliant but with Improvements Required

There is evidence to confirm that actions have been implemented to achieve compliance with the auditable element, but improvements are required to achieve Full Compliance.


The evidence shows that actions are not in full compliance with the requirements of the auditable element but it is unlikely that this will cause the environment to be seriously affected.


The evidence shows that actions are not in full compliance with the requirements of the auditable element and this gives risk to a high potential that the environment will be seriously affected if the non-compliance is not rectified.


The evidence shows that actions are not in full compliance with the requirements of the auditable element and this gives rise to a serious or imminent risk to the environment.

Undetermined There is insufficient evidence to make a judgement on compliance.

Not Applicable The auditable element falls outside the scope of the audit, eg. work relevant to the environmental control/standard has not yet commenced.



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3 DECLARED NON-CONFORMANCES

During the commencement and audit meetings, East Gippsland Shire staff indicated that there had been a number of operational incidents during 2016, not all of which had been fully documented and reported to the relevant Government agency as required by the O&M EMP. Operational incidents include: burst hydraulic hoses on excavator and on dredge head; machinery breakdown resulting in excavator remaining in water overnight; and a minor soil spill.

4 AUDIT FINDINGS

4.1 Audit Criteria

The environmental requirements, standards and limits evaluated by this audit are listed as Project Delivery Standards and Environmental Controls in the MOABR O&M EMP, and are referred to in this audit report as Audit Criteria for the purposes of assessing compliance with the O&M EMP.

Detailed Project Delivery Standards and Environmental Controls are listed in Table 4 to Table 10 of the ‘Register of Environmental Objectives and Targets’, Appendix 4 of the O&M EMP. The tables address the following Audit Criteria themes:

General Management of Maintenance Activities

Marine-based works

Dredging / excavation and plume

Channel maintenance schedule

Dredged / excavated material management

Land based standards

Additional Audit Criteria listed in Table 3 of the O&M EMP relate to External Notification and Reporting.

A summary of the Audit Criteria assessed for this Audit are listed in Table 2 of this report, with further detail provided in Appendix 1 (Detailed Audit Findings).

4.2 Audit Findings

A detailed assessment of compliance against all Audit Criteria is documented in Appendix 1: Detailed Audit Findings.

Audit findings are summarised in Table 2 below. Findings are listed only for the 2016 operational and maintenance phase of the MOABR. An audit of construction activities was completed separately in 2015 (Ethos NRM, 2015).



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A total of thirty three (x33) Audit Criteria have been assessed by the Auditor, with the following results (excluding four (x4) additional Not Applicable results), which are also depicted in Plot 1:







Excludes Audit Criteria that are Not Applicable (4 criteria)

Less than half (42.4%) of the assessed Audit Criteria are Fully Compliant, and one fifth (21.2%) are Compliant but Require Improvements.

There were no Critical or Major Non-Compliances, however a significant proportion of Audit Criteria (18.2%) are a Minor Non-Compliance.

A considerable proportion of Audit Criteria (18.2%) Criteria were Undetermined due to a lack of Audit Evidence.

42.4% 21.2%

18.2%

0.0% 0.0%

18.2% Fully Compliant

Compliant




Undetermined

Plot 1: MOABR O&M EMP Compliance Results for 2016



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Table 2: Summary of Audit Criteria Compliance Findings

Audit Criteria

Fu

lly

Co

mp

lia

nt

Co

mp

lia

nt

bu

t

imp

rovem

en

ts

req

uire

d

Min

or

No

n-

Co

mp

lia

nc

e

Ma

jor

No

n-

Co

mp

lia

nc

e

Cri

tic

al

No

n-

Co

mp

lia

nc

e

Un

de

term

ine

d

(du

e t

o la

ck

of

Ev

ide

nce

)

No

t

Ap

pli

ca

ble

1. Hours of operation x1

2. Airborne noise x1

3. Waste management x3 x2

4. Equipment maintenance x1

5. Fuels, oils, chemicals and hazardous goods

x1

6. Emergency response preparedness

x1 x1 x1

7. Marine pests x4

8. Vessel Refuelling x1

9. Cetacean – vessel manoeuvring x1

10. Heritage (marine based) – identification of potential relics

x1

11. Dredging / excavators and plume

x2

12. Dredging / excavator schedule x1

13. Consideration of season sensitivities

x1

14. Dredged / excavated material disposal

x1 x1

15. Disposal site monitoring x1

16. Excavation, placement and stockpiling of material

x1

17. 17. Removal and management of native vegetation

x2

Continued …..



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Table 2: continued

Audit Criteria

Fu

lly

Co

mp

lia

nt

Co

mp

lia

nt

bu

t

imp

rovem

en

ts

req

uire

d

Min

or

No

n-

Co

mp

lia

nc

e

Ma

jor

No

n-

Co

mp

lia

nc

e

Cri

tic

al

No

n-

Co

mp

lia

nc

e

Un

de

term

ine

d

No

t

Ap

pli

ca

ble

18. Weeds and pest animals X3

19. Sediment transport control x2

20. External notification and reporting

x2 x1

TOTALS 14 7 6 0 0 6 4

% TOTALS (excl Not Applicable)

42.4% 21.2% 18.2% 0.0% 0.0% 18.2%

4.3 Positive Audit Outcomes

Positive outcomes from this independent compliance audit of the MOABR EMP applicable to operations and maintenance activities at Bastion Point during 2016 are:

No Critical Non-Compliances

No Major Non-Compliances

46.7% of assessed Audit Criteria are Fully Compliant

21.2% of assessed Audit Criteria are Compliant but require some form of

improvement

Mobilisation of EGSC dredge

No major operational incidents resulting in catastrophic environmental impact

Numerous improvements identified to improve audit efficiency

Details are documented in Appendix 1: Detailed Audit Findings.

4.4 Non-compliances and Areas for Improvement

Key adverse findings from this independent compliance audit of the MOABR EMP applicable to operations and maintenance activities at Bastion Point during 2016 are:

Significant proportion of Audit Criteria (18.2%) are a Minor Non-Compliance

Large proportion (18.2%) of Audit Criteria were Undetermined due to a lack of

Audit Evidence

Failure to record all necessary evidence to demonstrate compliance



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Incomplete records of contractor work practices, particularly SOP and SWMS

documentation

Lack of evidence relating to storage and handling of fuels, oils, chemicals and

hazardous goods, particularly for contractor’s equipment

Emergency response procedures not adequately developed or tested, including for

contractor activities

Inadequate operational records of dredging and excavation activities

Incomplete notification to government agencies of potential and confirmed

environmental incidents

A number of recommendations for improvements have been identified throughout the Detailed Audit Findings listed in Appendix 1. These recommendations are summarised in Table 3 and reflect both the “Compliant but with Improvements Required” compliance grading, and less critical improvements associated with outcomes that still have scope for improvement during the ongoing operational and maintenance phase of MOABR.

All Non-Compliances and areas for Improvement are documented in Appendix 1: Detailed Audit Findings.

Table 3: Recommended Improvements

Recommendations for Improvements

Amend O&M EMP to better distinguish between maintenance activities and

machinery operational hours.

Amend O&M EMP to better reflect when operational and maintenance activities

are most suitable to occur (eg influence of tides etc).

Amend Weekly Inspection Logs to document actual maintenance activities and

machinery operational hours.

Require all contractors to record machinery hours, and retain copies of

contractor’s records.

Document waste management-contractor arrangements.

Document contractor response arrangements for oil spill and noxious substance

discharge.

Modify EGSC Weekly and Monthly Inspection Logs to include inspection for all

on-site hazardous materials.

Create Hazardous Substances Register and establish system for documenting

and retaining records of all hazardous materials used contractors.

Create Daily Inspection Log for use during onsite use of any mechanical

equipment requiring refuelling.

Develop and test emergency response procedure (including for all contractors),

and retain records in accordance with App 8 & 10 of O&M EMP.

Document staff oil spill response training.

Document existence of contractor’s oil spill response kits.



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Recommendations for Improvements

Update EMP to reflect most current version of EPA Publication 949.3.

Update EMP to reflect most current version of Australian Ballast Water

Management Requirements.

Reword Dredging / Excavation Performance Standards (Audit Criteria) to better

reflect equipment being used at MOABR

Investigate options for improved dredge / excavated material disposal site to

prevent ‘circular flow’ resulting in deposited material being washed southwards

onto boat ramp apron and back into launching channel.

Numerous 2016 operations and maintenance activities undertaken in 2016 are

not adequately covered in the O&M EMP. Amend O&M EMP to include

additional Channel Maintenance criteria, such as:

Kelp removal

Ramp cleaning

Breakwater stability

Navigation hazards

Issuing of Notice to Mariners

Traffic Management

Amend Weekly Inspection Logs to include checks for domestic animal

restrictions.

Amend Weekly Inspection Logs to include checks for imported soil.

Amend O&M EMP to clarify intent of DEPI Notification Audit Criteria.

5 CONCLUSION

Operation and maintenance of the Mallacoota Ocean Access Boat Ramp at Bastion Point during 2016 was subject to a variety of ‘Environmental Controls’ specified in the Mallacoota Ocean Access Boat Ramp Operations and Maintenance Environmental Management Plan (MOABR O&M EMP).

This Independent Audit has assessed thirty three (x33) individual Audit Criteria (ie Standards) to determine compliance of operations and maintenance activities with the requirements of the O&M EMP.

Operation and maintenance activities during 2016 involved dredging, excavation, sand management, ramp cleaning, kelp removal, signage, traffic management, responding to operational incidents, and responding to emergency situations.

Based on the evidence made available by East Gippsland Shire and on-site inspections, the Auditor has found marginally less than half of the assessed criteria to be Fully Compliant. However, the Auditor has also found a significant proportion of Minor Non-



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Conformance, a considerable lack of documentation, and significant scope for improvement during future operational & maintenance activities at MOABR.

In summary:







An additional four Audit Criteria are considered Not Applicable for this audit assessment.

Based on these Audit Findings, there has been partial compliance with the EMP’s requirements. The following issues requiring attention:

Failure to record all necessary evidence to demonstrate compliance

Incomplete records of contractor work practices, particularly SOP and SWMS

documentation

Lack of evidence relating to storage and handling of fuels, oils, chemicals and

hazardous goods, particularly for contractor’s equipment

Emergency response procedures not adequately developed or tested, including for

contractor activities

Inadequate operational records of dredging and excavation activities

Incomplete notification to government agencies of potential and confirmed

environmental incidents

Importantly, and as stated in the 2015 Audit report, there is no evidence to suggest any wilful acts resulting in environmental degradation. East Gippsland Shire’s Works Supervisor responsible for operation and maintenance of the MOABR at Bastion Point has continued to actively and diligently manage the site with the resources available to him.

The Auditor believes non-compliances and the necessary improvements resulting from the 2016 operations and maintenance period have occurred primarily as a result of unfamiliarity with the new dredging infrastructure, and partly due to insufficient emphasis being placed by Council on fully incorporating the O&M EMP’s requirements into the daily operational and maintenance aspects of MOABR. In particular, support for Council’s Works Supervisor to establish a more comprehensive and rigorous record keeping system will enable Council to demonstrate greater compliance with the O&M EMP.

In addition (and as stated previously by Ethos NRM at the completion of the Construction EMP Audit and in the 2015 Audit Report), the Auditor believes that the EMP should be reviewed and edited to better reflect the actual operations and maintenance works undertaken at Bastion Point. Re-grouping the EMP content to combine similar Standards and Controls (Audit Criteria) will provide Council with a better tool to more efficiently record and demonstrate compliance across all the necessary issues. Updating the MOABR O&M EMP will also greatly improve Council’s ability to manage the facility more efficiently.



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The Auditor acknowledges the manner in which all relevant information and evidence was made readily and freely available during the course of this Audit.

ERIC SJERP Date: 30th March, 2017 Principal Consultant / Managing Director



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6 REFERENCES

DELWP, 2013. Coastal Management Act approval, Department of Environment Land Water and Planning, January 2013

East Gippsland Shire, 2016. Audit Brief, September 2016

Ethos NRM, 2015. Mallacoota Ocean Access Boat Ramp at Bastion Point: Independent Compliance Audit of (Construction) Environmental Management Plan. Prepared for East Gippsland Shire Council

Ethos NRM, 2016. Mallacoota Ocean Access Boat Ramp at Bastion Point: Independent Compliance Audit of Environmental Management Plan. 2015 Operation and Maintenance. Prepared for East Gippsland Shire Council

Crossco, 2013. Mallacoota Ocean Access Boat Ramp Environmental Management Plan. Prepared for East Gippsland Shire Council

Crossco, 2014. Operations and Maintenance Environmental Management Plan: Bastion Point, Mallacoota. Prepared for East Gippsland Shire Council



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7 APPENDIX 1: Detailed Audit Findings

Project Delivery Standard /

Audit Criteria Evidence Audit Findings and Comments Compliance

Table 4: GENERAL MANAGEMENT OF MAINTENANCE ACTIVITIES

Objective:

To plan and implement maintenance aspects of MOA.

To ensure materials are appropriately stored, handled and disposed of.

Application:

Throughout all MOA maintenance activities

Target:

Conformance with all environmental limits and controls Operations and Maintenance Risk Register.

1. Hours of operation Evidence Audit Findings and Comments Compliance

a. All activities must be

conducted in accordance

with EPA guidelines, except

where explicitly restricted

within this EMP, or by

legislation.

EGSC Weekly Inspection Logs

EGSC Monthly Inspection Logs

Notes from interview with EGSC Works Supervisor

Copies of EGSC emails regarding operations and maintenance activities

KcKinnon Earth Constructions - Project Management Plan, Daily Logs, SWMS Checklist, Take 5 Toolbox Form

Maintenance hours are specified in O&M EMP

Mon – Fri, 7am – 5pm

Sat, 7am – 3pm

Sun, 9am – 3pm for emergency works O&M EMP makes poor distinction between “maintenance hours” and “ machinery hours”.

No detailed records available of machinery hours.

KcKinnon Earth Constructions Daily Logs available for a portion of the work they undertook. Incomplete record of daily hours.

Available evidence suggests majority of operations and maintenance activities generally occurred during daytime.

Extended hours of operation occurred due to machinery breakdowns, and as an emergency response to prevent adverse environmental impacts from oil and/or

Compliant but Requires Improvement



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fuel discharge.

No evidence that extended hours caused serious environmental impact.

Auditor concludes the available evidence suggests that operations and maintenance activities occurred as specified except where in ‘emergency situations’ and to prevent adverse environmental impacts. The Audit Criteria is considered Compliant but Requires Improvement.

Improvement:

Amend O&M EMP to better distinguish between maintenance activities and machinery operational hours.

Amend O&M EMP to better reflect when operational and maintenance activities are most suitable to occur (eg influence of tides etc).

Amend Weekly Inspection Logs to document actual maintenance activities and machinery operational hours.

Require all contractors to record machinery hours, and retain copies of contractor’s records.

2. Airborne noise Evidence Audit Findings and Comments Compliance

a. All activities must be

conducted in accordance

with Noise from Industry in

Rural Victoria (NIRV: EPA

Publication 1411).

None sighted

No Evidence of quantitative noise monitoring against Standards.

Auditor concludes there is a lack of evidence for quantitative noise monitoring, hence the Audit Criteria cannot be assessed with confidence.

Undetermined (due to lack of Evidence)

3. Waste management Evidence Audit Findings and Comments Compliance

a. All EGSC works crew

contractors engaged to have


EGSC Weekly and Monthly Inspection Logs record maintenance activities relating to waste, bins and toilets.

Compliant but Requires



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independent waste

management arrangements

to include waste

minimization, containment,

segregation and appropriate

reuse, recycling, treatment

and disposal.


Photographs

Auditor’s visual observations

Bins observed by Auditor

Monthly Inspection Logs mention toilet contractor.

No evidence of contractor waste management arrangements.

No indication or suggestion that a breach occurred.

Auditor concludes the available evidence suggests Full Compliance with the Audit Criteria.

Improvement:

Document waste management contractor arrangements.

Improvement

b. All waste must be removed

from the site.



Photographs


EGSC Weekly and Monthly Inspection Logs record waste and bins maintenance activities.

Photographs demonstrate site to be free of ‘waste’ from operations and maintenance activities.

No waste observed on site by Auditor.

Auditor concludes the available evidence adequately demonstrates Full Compliance with the Audit Criteria.

Fully Compliant

c. The handling and disposal of

unexpected materials

identified during dredging/

excavation/maintenance (eg.

inert debris such as concrete

and timber) to be included in

waste management

arrangements.





No record of unexpected materials being encountered during operations and maintenance activities.


Fully Compliant

d. All waste bins must be

wildlife proof so as to


Evidence suggests on-site waste bins are fitted with lids. Fully



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eliminate litter and access by

wildlife and/or encourage

vermin

Photographs



No report of wind-blown litter. No report of injury to wildlife.


Compliant

e. All waste to be managed in

accordance with:

Environment Protection Act 1970 (Vic)

Pollution of Waters by Oil and Noxious Substances Act 1986 (Vic)




Photographs


EGSC Weekly and Monthly Inspection Logs record waste and bins maintenance activities.

Auditor observed oil spill response equipment at EGSC depot.

EGSC Works Supervisor advised Auditor that oil spill response equipment was stationed onsite for all works activities, and contractors carried additional oil spill response equipment. Photos and email records illustrate deployment of oils spill kits.

KcKinnon Earth Constructions only evidence sighted by Auditor of contractor procedures for oil spill and noxious substance discharge.

Oil spill incident occurred on 21/9/2016 as are discussed under Section 20 below. Excavator breakdown also presented risk of oil or noxious substance discharge to ocean waters.

Auditor concludes the available evidence suggests and oil spill occurred and sufficient systems were in place to mitigate threat. The Audit Criteria is considered Compliant but Requires Improvement to ensure all contractor response arrangements are documented.

Improvement:

Document contractor response arrangements for oil spill and noxious substance discharge.


4. Equipment maintenance Evidence Audit Findings and Comments Compliance

a. Maintenance programs will EGSC Weekly Inspection EGSC Weekly and Monthly Inspection Logs mention equipment and machinery Compliant but



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be implemented for all plant

and equipment as defined in

EGSC procedures and the

Occupational Health and

Safety Regulations 2007

(Vic).

Logs


use, however no record of machinery maintenance logs or pre-start checks etc.

Auditor sighted KcKinnon Earth Constructions records. No other contractor’s equipment records sighted for waste management, diving inspections, ramp cleaning etc

Available evidence suggests equipment maintenance records are documented but not by all contractors, and hence the Auditor concludes there is adequate evidence that demonstrates Compliance with the Audit Criteria but improvements are required.

Improvement:

Establish system for documenting and retaining records of all contractor equipment maintenance, including daily pre-start checks and tool-box inspections

Requires Improvement

5. Fuels, oils, chemicals

and hazardous goods Evidence Audit Findings and Comments Compliance

a. Storage and handling of

chemicals in accordance

with:

Dangerous Goods Act 1985 (Vic)

Pollution of Waters by Oil and Noxious Substances Act 1986 (Vic)





No oil, fuel, noxious substances or dangerous goods are stored onsite at MOABR during normal operations (ie. when no equipment is used onsite).

No records available of any oils, fuels, noxious substances or dangerous goods that were stored onsite by contractors at MOABR.

Auditor did not sight any Standard Operating Procedures (SOP) / Safe Work Method Statements (SWMS) for ‘Working Near or Over Water’ (Appx 7 O&M EMP) completed by contractors.

Auditor did however observe oil spill response equipment at EGSC depot.

Auditor concludes there is a lack of evidence relating to storage and handling of fuels, oils, chemicals and hazardous goods, particularly for contractor’s equipment. Auditor also concludes that failure to record completed SOP and SWMS documentation is not compliant with the intent of the Audit Criteria, but that there was no resulting impact to the environment, and hence is considered a Minor Non-Compliance.




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Improvement:

Modify EGSC Weekly and Monthly Inspection Logs to include inspection for all on-site hazardous materials.

Create Hazardous Substances Register and establish system for documenting and retaining records of all hazardous materials used by contractors .

Create Daily Inspection Log for use during onsite use of any mechanical equipment requiring refuelling.

6. Emergency response

preparedness Evidence Audit Findings and Comments Compliance

a. Development and testing of

emergency response

procedures, integrated with

the EMP, including provision

for fuel, oil and chemical

spills.



Photographs

EGSC Works Supervisor advised Auditor that EGSC staff completed Oil Spill Response Training. However no records or documented evidence of staff training was sighted by the Auditor.

Auditor observed oil spill response equipment at EGSC depot and sighted evidence of it being deployed.

No evidence of Register of Emergency Response Tests (App 8 of O&M EMP) being completed.

No evidence of Emergency Test and Incident Review Form (App 10 of O&M EMP) being completed.

No evidence of Emergency Response Test by contractors.

Auditor concludes emergency response procedures were not adequately developed or tested, including for contractor activities, but that no record exists of an emergency incident seriously affecting the environment, and hence represents a Minor Non-Compliance.

Improvement:

Develop and test emergency response procedure (including for all contractors),




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and retain records in accordance with App 8 & 10 of O&M EMP.

b. All dredging vessels /

excavation to have oil spill

response kits. Relevant

personnel to be trained in its

use.



Photographs

Auditor observed oil spill response equipment at EGSC depot and sighted evidence of it being deployed.

EGSC Works Supervisor advised Auditor that EGSC staff completed Oil Spill Response Training. No evidence of staff training sighted by auditor.

EGSC Works Supervisor advised Auditor that oil spill response equipment was stationed onsite for all works activities, and contractors carried additional oil spill response equipment.

No evidence of Contractor equipment having oil spill response equipment.

Auditor concludes oil spill response kits were available onsite and staff training occurred, however no documented evidence exists. The Audit Criteria is considered Compliant but Requires Improvement.

Improvement:

Document staff oil spill response training.

Document existence of contractor’s oil spill response kits.


c. Gippsland Region Marine

Pollution Contingency Plan is

amended to reflect projected

increased activity following

construction

Gippsland Region Marine Pollution Contingency Plan

Online copy of Marine Pollution Contingency Plan highlights risk of increased marine pollution event occurring at Bastion Point boat ramp.


Fully Compliant

Table 5: MARINE-BASED WORKS

Objective:

To appropriately manage marine-based works.

To minimise disturbance to and appropriately manage non-Aboriginal heritage.

To minimise impacts on cetaceans.



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To mitigate the impact of oil spills or other marine pollution events.

Application:

All marine-based MOA activities.

Target:

Conformance with all environmental limits and controls.

7. Marine pests –

If Dredging / Excavation

equipment is mobilized

Evidence Audit Findings and Comments Compliance

a. Marine pest inspection and

certification of contract

dredge and support vessel is

required before mobilization,

where these are sourced

from outside Mallacoota Inlet.

Certification must be

received from the final port of

call, before mobilization.

NA

New EGSC dredge was not used in water outside Mallacoota inlet prior to 2016 operations and maintenance activities.

Marine pest inspection and certification not required.

Audit Criteria is Not Applicable.

Not Applicable

b. All vessels to comply with

Protocol for Environmental

Management – Domestic

Ballast Water Management in

Victorian State Waters, EPA

Publication 949.2 (April 2008)

NA

Not applicable as vessels requiring ballast water were not used during 2016 operations and maintenance activities.

Note: EPA Publication 949.3 (July 2010) is most current version.

Improvement:

Update EMP to reflect most current version of EPA Publication 949.3.

Not Applicable

c. All vessels to comply with

Australian Ballast Water

NA

Not applicable as vessels requiring ballast water were not used during 2016 operations and maintenance activities.

Not Applicable



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Management Requirements,

AQIS (June 2007).

Note: Australian Ballast Water Management Requirements, DAFF (November 2011) is most current version.

Improvement:

Update EMP to reflect most current version of Australian Ballast Water Management Requirements.

d. Train staff undertaking

construction and

maintenance activities in

identification of marine pests,

and reporting procedure.

None sighted

Not applicable as dredge, support vessel(s) and/or marine equipment likely to contain marine pests was not brought to site from outside Mallacoota Inlet.

Not Applicable

8. Vessel Refuelling Evidence Audit Findings and Comments Compliance

a. All refuelling to take place in

accordance with Marine

Safety Victoria’s guideline,

Port Management

Regulations, Gippsland

Ports’ Harbour Master

directions.




No on-water refuelling of vessels was necessary during 2016 operations and maintenance activities.

Refuelling of maintenance (earthmoving) equipment was undertaken on land.

Oil and fuel spill kits kept were stationed onsite during maintenance activities, although no records of such were sighted by the Auditor (refer to 5 above).


Fully Compliant

9. Cetaceans – vessel

manoeuvring Evidence Audit Findings and Comments Compliance

a. If within 300m of a dolphin or

whale the vessel must not:

Approach a whale or

dolphin head on; or



EGSC Works Supervisor advised Auditor that no Cetaceans (whale or dolphin) were sighted during maintenance activities involving dredge

Weekly and Monthly Inspection Logs make no mention of Cetaceans (whale or dolphin) being sighted during vessel use.




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Be in the path of a

whale or dolphin; or

Separate any whale or

dolphin from a group; or

Come between a

mother and a calf; or

Drop or lower an

anchor overboard from

the vessel.

b. Within 300m of a whale or

dolphin, the vessel must:

Maintain a constant

speed that does not

exceed 5 knots; and

Avoid sudden changes

in direction; and

Maneuver the vessel to

a distance of at least

200m from the whale or

dolphin if it shows any

sign of disturbance,

when safe to do so.

Auditor concludes the available evidence demonstrates Compliance with the Audit Criteria but that Improvements are Required.

Improvement:

Include recording of Cetaceans sightings on Daily / Weekly and Monthly Inspection Logs.

10. Heritage (marine based) –

identification of potential

relics


a. If potential relics are

identified during construction


EGSC Works Supervisor advised Auditor that no heritage relic material was encountered during 2016 operations and maintenance activities.

Fully Compliant



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activities, the process

described in Annexure 11

Response Process will be

followed.


Weekly and Monthly Inspection Logs make no mention of heritage relic material being encountered.


Table 6: DREDGING / EXCAVATION and PLUME

Objective:

To appropriately manage dredging / excavation activities and sediments.

To minimize the area of channel and seabed disturbed and appropriately manage the material removed.

To protect assets, beneficial uses and values from long-term adverse effects to dredging-related water quality effects.

Application:

All relating to maintenance of navigation depth activities.

The disposal of dredged / excavated material.

Use of dredges / excavators and associated equipment.

Target:


11. Dredging / Excavation

and plume Evidence Audit Findings and Comments Compliance

a. Dredging and/or excavation

must remain within the

identified channel zones, and

will be confirmed by recorded

GPS data.

Channel zones” are shown

on Crossco Drawing No.

1579/007-B included in

EGSC Weekly Inspection Logs, including annotated Crossco Drawing No. 1579/007-B

EGSC Monthly Inspection Logs, including annotated Crossco Drawing No. 1579/007-B

Coastal Management Act Consent application and

Various earthmoving contractors (including Mckinnon, GPM, and Boola Views) were engaged between February and October 2016 to remove sand shoals from ramp apron and from channel.

EGSC dredge operated in February 2016 (as a trial) and between August and October 2016.

Annotation on Crossco Drawing No. 1579/007-B delineated areas for excavation and dredging operations.

No GPS records or track logs of dredge or excavator activity were sighted by




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Appendix 12 approval for removal of rock outside permitted zone

Photographs

Auditor

No other evidence was sighted by the Auditor to confirm spatial extent of excavation and dredging activities, except channel depths which were surveyed twice by EGSC Works Supervisor.

Auditor concludes that GPS readings were not taken to delineate extent of excavation / dredge zone, but that on-site ‘survey’ in all likelihood achieved the same desired outcome and that the environment was not seriously affected, hence represents a Minor Non-Compliance.

b. Recording of equipment

activity on log sheets will

include the following

information as a minimum:

Dredge/Excavator:

Management of sand from

….., and

Sailing and placement of

sand to …..

Other Equipment

Management of sand from

….

Reason for use of equipment



Photographs

Designated dredge/excavation and disposal sites are annotated on Crossco Drawing No. 1579/007-B.

Numerous photographs illustrate dredged sand being placed in designated site via pipeline.

Photograph shows excavated material being placed within designated disposal site. No records or machinery logs sighted.

Auditor did not sight any log sheets set out in the prescribed format.

Auditor believes prescribed format relates better to offshore hopper dredging rather cutter dredge with disposal pipeline.

Auditor concludes performance standard has not been achieved but that environment was unlikely to have been seriously affected, hence represents a Minor Non-Compliance.

Improvement:

Reword Dredging / Excavation Performance Standard to better reflect equipment being used at MOABR.


Table 7: CHANNEL MAINTENANCE SCHEDULE

Objective:

To develop an appropriate maintenance schedule, taking into account the seasonal sensitivities of the Mallacoota Inlet assets,



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beneficial uses and values.

Application:

All channel Maintenance activities.

Target:


12. Dredging / excavator

schedule Evidence Audit Findings and Comments Compliance

a. Dredging / excavation to take

place in accordance with

construction plans showing

channel location and depths



Ramp cleaning invoice from contractor

Photographs

Notice to Mariners issued by Gippsland Ports

EGSC emails

EGSC emails to GP

EGSC Traffic Management Plan

Email correspondence from Abalone Co-Op regarding impact of sand build up on commercial fishermen.

2016 operations and maintenance activities involved both dredging and excavation.

Monthly Inspection Log includes prompt for channel depth measurement. Drawing No. 1579/007-B includes table for recording channel depths.

Operational aspects of MOABR recorded on Weekly and Monthly Inspection Logs.

Sand shoaling recorded on Weekly and Monthly Inspection Logs.

Kelp build-up within channel and on ramp is recorded on Weekly and Monthly Inspection Logs.

Slippery condition of concrete ramp apron and cleaning requirement recorded on Weekly and Monthly Inspection Logs and by photographs.

Navigation Hazards recorded on Weekly and Monthly Inspection Logs.

Navigation Warning signs erected by EGSC.

Traffic Management Plan prepared and implemented for dredging and excavation maintenance activities.

Details of dredging and excavation operations notified by EGSC to GP.

Notice to Mariners issued by Gippsland Ports for varying conditions and ramp closures.




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Auditor concludes the available evidence adequately demonstrates Compliance with the Audit Criteria but improvements are required.

Correspondence from Abalone Co-Op regarding impact of sand build up on commercial fishermen.

Improvements:

Numerous operations and maintenance activities undertaken in 2016 are not adequately covered in the O&M EMP.

Amend O&M EMP to include additional Channel Maintenance criteria, such as:

Kelp removal

Ramp cleaning

Breakwater stability

Navigation hazards

Issuing of Notice to Mariners

Traffic Management

13. Consideration of

seasonal sensitivities Evidence Audit Findings and Comments Compliance

a. Dredging /excavation

activities planned with a

particular awareness and

regard for high recreational

use periods (Easter, Summer

holidays, long weekends)



Photographs

EGSC emails and photos

Public notices regarding maintenance works

Notice to Mariners


Various earthmoving contractors (including Mckinnon, GPM, and Boola Views) were engaged between February and October 2016 to remove sand shoals from ramp apron and from channel.

EGSC dredge operated in February 2016 (as a trial) and between August and October 2016.

Maintenance associated with ramp cleaning and kelp removal occurred throughout year.

Fully Compliant



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EGSC Works Supervisor advised Auditor all works were timed to avoid peak tourist periods wherever possible, but was subject to weather conditions and availability of contractors.

Machinery breakdowns resulted in delays and extended ramp closure, with minor impact to users, including in some holiday/weekend periods.


Table 8: DREDGED / EXCAVATED MATERIAL MANAGEMENT

Objective:

To manage and track the placement of removed material.

To relocate removed material and manage appropriately within approved near-shore locations.

Application:

All dredged / excavated and removed material placement.

Target:


14. Dredged / excavated

material placement Evidence Audit Findings and Comments Compliance

a. All dredged / excavated sand

placement to be placed:

within 300m of the “channel

zone” shown on Crossco

Drawing No. 1579/007-B

(included in Appendix 12);

and

to the west of the

breakwater; and



Annotated Crossco Drawing No. 1579/007-B


Ramp cleaning invoice from contractor

Designated dredge/excavation and disposal sites are annotated on Crossco Drawing No. 1579/007-B.

Numerous photographs illustrate dredged sand being placed in designated site via pipeline. However, no records or machinery logs exist to demonstrate where excavated material was placed.

Photograph shows excavated material being placed within designated disposal site. No records or machinery logs sighted.

Small amount of excavated material (volume not recorded) sent offsite to East Gippsland Water by Contractor (McKinnon) in accordance with EGSC

Fully Compliant



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above the low water mark

in the intertidal zone.

Photographs

EGSC emails and photos

EGSC instructions to contractors

authorisation.

Available evidence indicates all dredged and excavated material was placed in accordance with Crossco Drawing No. 1579/007-B and O&M EMP specifications.


b. Kelp removed from the ramp

and/or channel will be

disposed of in accordance

with EPA requirements.



Photographs

Kelp build-up within channel and on ramp is recorded on Weekly and Monthly Inspection Logs.

Auditor sighted no records of Kelp being physically removed.

Auditor sighted no records of where Kelp (if any) was disposed to.

Auditor concludes there is a lack of available evidence relating to removal and disposal of Kelp, hence the Audit Criteria cannot be assessed with confidence.


15. Disposal site monitoring Evidence Audit Findings and Comments Compliance

a. Site inspections will be

recorded and photographs

taken to provide evidence of

appropriate management.

The results of inspections will

be included in performance

reporting.



Annotated Crossco Drawing No. 1579/007-B


Photographs

EGSC emails regarding remobilisation of deposited dredge/excavated sand

Refer to 14a above regarding disposal site.

Visual and photographic monitoring of dredge / excavated material disposal site indicates that deposited material is being washed out / off disposal site southwards onto boat ramp apron and back into launching channel, thereby circumventing grudging / excavation efforts.

EGSC Works Supervisor suggests amendments required to disposal site location and / or barrier (geo-textile groyne) required to prevent ‘circular flow’.


Improvement:

Investigate options for improved dredge / excavated material disposal site to prevent ‘circular flow’ resulting in deposited material being washed southwards onto boat ramp apron and back into launching channel.

Fully Compliant



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Table 9: LAND BASED

Objective:

To manage operations and maintenance activities.

Application:

All land based works.

Target:


Conformance with approved Cultural Heritage Management Plan (CHMP).

16. Excavation, placement

and stockpiling of

material


a. All Maintenance works to be

completed in accordance

with the approved:

Cultural Heritage

Management Plan

(CHMP);

Construction drawings

and specifications.



Photographs

Auditor’s onsite observations

Cultural Heritage Management Plan

Cultural Heritage Management Plan details requirements for avoidance and management of aboriginal cultural sites during construction period. Less emphasis is placed on operational and maintenance phase.


Known sites of Cultural Significance were not disturbed during 2016 operations and maintenance activities.


Fully Compliant

17. Removal and

management of native

vegetation




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a. All temporary site facilities

and vehicle management to

be within defined areas

approved by EGSC


Available evidence indicates that 2016 operations and maintenance activities were undertaken by contractors as instructed by EGSC Works Supervisor. All activities were undertaken within the approved MOABR area as defined in the O&M EMP. No additional designated area was defined by EGSC.


Fully Compliant

b. All operations and

maintenance to be completed

in accordance with each as

may be amended from time-

to-time: Coastal Management

Act consent dated

14/01/2013, Crown Lease

conditions, and DEPI Native

Vegetation removal approval

dated 4 September 2011





Photographs

Gippsland Ports (Works) Permit

Available evidence indicates that 2016 operations and maintenance activities were undertaken within the approved MOABR area as defined in the O&M EMP, the Coastal Management Act Consent.

‘Works’ Permit issued by Gippsland Ports for maintenance dredging and excavation activities

Available evidence indicates 2016 operations and maintenance activities resulted no additional vegetation removal.


Fully Compliant

18. Weeds and pest animals Evidence Audit Findings and Comments Compliance

a. Domestic animals must be on

a lead at all times in

accordance with East

Gippsland Shire local law

requirements.




Weekly Inspection Logs do not include checks for presence of domestic animals (dogs) on leads.

No other records sighted containing information regarding presence of domestic animals during 2016 operations and maintenance activities.

Auditor concludes there is a lack of evidence indicating checks restricting domestic animals, hence the Audit Criteria cannot be assessed with confidence.

Improvement:

Amend Weekly Inspection Logs to include checks for domestic animal restrictions.




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a. No topsoil will be imported to

the site




Weekly Inspection Logs do not include checks for importation of topsoil.

No other records sighted regarding topsoil importation restrictions during 2016 operations and maintenance activities.

Auditor concludes there is a lack of evidence indicating checks restricting importation of topsoil were undertaken, hence the Audit Criteria cannot be assessed with confidence.

Improvement:

Amend Weekly Inspection Logs to include checks for imported soil.


b. All material imported to the

site will be free of seed stock,

unless specifically approved

EGSC




No other records sighted regarding topsoil importation restrictions during 2016 operations and maintenance activities.

There is no evidence that EGSC issued approval for importation of seed stock.

Auditor concludes there is a lack of evidence indicating checks restricting importation of seed stock were undertaken, hence the Audit Criteria cannot be assessed with confidence.


19. Sediment transport

control Evidence Audit Findings and Comments Compliance

a. No contaminated stormwater

to leave the construction site.




Photographs

Weekly Inspection Logs do not include checks for stormwater management.

No operations and maintenance activities undertaken in 2016 were likely to generate contamination other than oil or fuel spills form car park area or ramp apron. Oil and fuel spills are addressed in Criteria 5 and 8 above.


Fully Compliant

b. Where vegetation cover is

inadequate to protect soil, silt

traps must be constructed


EGSC Monthly Inspection

Weekly Inspection Logs do not include checks for vegetation cover or soil erosion.

Photographs and Auditor’s observations suggest areas disturbed during construction of MOABR were rehabilitating adequately and no soil or silt traps

Fully Compliant



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and maintained and form part

of regular inspections

Logs


Auditor’s onsite observations

Photographs

were required.


Table 3: EXTERNAL NOTIFICATION and REPORTING REQUIREMENTS – OPERATIONS and MAINTENANCE PHASE

Objective:

To report performance against EMP to Government agencies and stakeholder groups

Application:

None listed

Target:

None identified

20. Reporting Requirement Evidence Audit Findings and Comments Compliance

Pollution event or imminent environmental hazard (as defined in Environmental Auditor Guidelines for Conducting Environmental Audits, Publication 953.2, October 2007, EPA, Victoria)

Copy of relevant report

EPA, DEPI, GP, TSV

Notification within 4 hours.

Incident report required.

Notification to GP as soon as




Incident report for capsized boat at MOABR on 29/2/2016. EGSC OH&S Incident / Injury Report used rather than Risk / Event Report Form (Appx 9 of O&M EMP). Notification of Incident reported to Gippsland Ports and VicPol

Incident involving excavator breakdown (Lost track) and repairs to hydraulic line on dredge head are documented on EGSC emails (29

th March 2016). No




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practicable.

EGSC emails

EGSC Photographs

Notice to Mariners

EGSC OH&S Incident / Injury Report 29/2/16

SITREP for burst hydraulic hose on 21/9/2016

evidence of incident report. No evidence of notification to other government agencies.

Incident recorded via emails regarding incorrect flash rate on MOABR navigation markers. Issue was easily rectified. No evidence of incident report. No evidence of notification to other government agencies.

Oil spill on 21/9/2016 resulting from a burst hydraulic hose on a commercial fisherman’s tractor was fully documented via a SITREP. Photos illustrate oil spill kit deployment and the report indicates no oil entered the sea. SITREP indicates all relevant agencies, except DELWP were notified.

Auditor concludes a Non-Compliance has occurred in terms of adequately documenting operational incidents and failure to notify government agencies of potential environmental incident, but that there are no direct environmental implications, hence a Minor Non-Compliance.

Project Delivery Standard Evidence Audit Findings and Comments Compliance

DEPI

Notification within one

business day of verifying

non-conformance with a

PDS.




Environmental Incident reports

No Evidence of Environmental Non-Conformance report forms (Appx 13 in O&M EMP) being completed for operational and environmental incidents (oil spills, excavator breakdown in sea)

No evidence that non-conformances were reported to DELWP.

Auditor concludes a Non-Compliance has occurred in terms of notifying DELWP of operational and environmental non-conformances, but that there are no direct environmental implications, hence a Minor Non-Compliance.


Operational and Maintenance Activities


DEPI

Notification within 14 days of

commencement and


Request for Coastal Management Act consent to remove navigation

Audit Criteria is ambiguous.

Auditor is uncertain if Audit Criteria requirement relates to notification of all Operational and Maintenance Activities at MOABR, or only those not authorised by existing approvals (eg CMA Consent).

Undetermined

(due to poorly defined Audit Criteria)



ETHOS NRM


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completion. hazard (two shallow rock areas north of ramp) using contract divers.

Email correspondence from EGSC

Auditor is unable to determine compliance with Audit Criteria.

Improvement:

Amend O&M EMP to clarify intent of DELWP Notification Audit Criteria.



ETHOS NRM


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