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Environment Effects Act 1978

SCOPING REQUIREMENTS

PENSHURST WIND FARMENVIRONMENT EFFECTS STATEMENT

REVISED SEPTEMBER 2013

PENSHURST WIND FARM: EES SCOPING REQUIREMENTS

List of Abbreviations

AEMO Australian Energy Market Operator

CHMP Cultural Heritage Management Plan

DNRE former Department of Natural Resources and Environment

DPCD former Department of Planning and Community Development (now Department of Transport, Planning and Local Infrastructure)

DPI former Department of Primary Industries (now DSDBI and DEPI)

DSDBI Department of State Development, Business and Innovation

DSE former Department of Sustainability and Environment (now Department of Environment and Primary Industries)

EE Act Environment Effects Act 1978

EES Environment Effects Statement

EMF Environmental Management Framework

EMP Environmental Management Plan

EMS Environmental Management System

EPBC Act Environment Protection and Biodiversity Conservation Act 1999

FFG Act Flora and Fauna Guarantee Act 1988

km Kilometre

kV Kilovolts

MRSD Act Mineral Resources (Sustainable Development) Act 1990

MW Megawatt

NES National environmental significance

NVMF Victoria’s Native Vegetation Management - A Framework for Action (2002)

RAP Registered Aboriginal Party

RES RES Australia Pty Ltd

SBWB Southern Bent-wing Bat

SEPP State Environment Protection Policy

TRG Technical Reference Group

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Table of Contents

1 INTRODUCTION..............................................................................................................................................4

1.1 BACKGROUND AND PURPOSE OF THIS DOCUMENT.............................................................................41.2 THE PROJECT AND SETTING.............................................................................................................4

2 ASSESSMENT PROCESS AND REQUIRED APPROVALS......................................................................8

2.1 OVERVIEW OF THE EES PROCESS...................................................................................................82.2 TECHNICAL REFERENCE GROUP.......................................................................................................82.3 PUBLIC CONSULTATION....................................................................................................................82.4 REQUIRED APPROVALS.................................................................................................................... 92.5 COORDINATION OF THE EES AND APPROVAL PROCESSES.................................................................92.6 ACCREDITATION OF THE EES PROCESS..........................................................................................11

3 MATTERS TO BE ADDRESSED IN THE EES..........................................................................................12

3.1 GENERAL CONTENT AND STYLE OF THE EES..................................................................................123.2 PROJECT DESCRIPTION.................................................................................................................. 133.3 EXISTING ENVIRONMENT................................................................................................................133.4 RELEVANT ALTERNATIVES..............................................................................................................143.5 APPLICABLE LEGISLATION, POLICIES AND STRATEGIES....................................................................143.6 KEY POTENTIAL ENVIRONMENTAL EFFECTS.....................................................................................153.7 DRAFT EVALUATION OBJECTIVES....................................................................................................16

4 ASSESSMENT OF SPECIFIC ENVIRONMENTAL EFFECTS...............................................................17

4.1 GENERAL APPROACH..................................................................................................................... 174.2 BIODIVERSITY AND HABITAT............................................................................................................184.3 LANDSCAPE, GEOLOGICAL AND GEOMORPHOLOGICAL VALUES.........................................................204.4 AMENITY AND SOCIAL WELL-BEING.................................................................................................224.5 ECONOMIC AND LAND USE EFFECTS...............................................................................................234.6 CULTURAL HERITAGE..................................................................................................................... 254.7 CATCHMENT VALUES...................................................................................................................... 264.8 ENVIRONMENTAL MANAGEMENT FRAMEWORK.................................................................................274.9 OVERALL OUTCOME....................................................................................................................... 28

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1 INTRODUCTION

1.1 Background and Purpose of this Document

RES Australia Pty Ltd (RES)1 proposes to develop a wind energy facility and associated infrastructure within the Shires of Moyne and Southern Grampians. The proposed project area is approximately 3 kilometres (km) south-west of the centre of Penshurst (2.4km from the town boundary) in south-west Victoria.

On 8 March 2011, the Minister for Planning determined that RES should prepare an Environment Effects Statement (EES) under the Environment Effects Act 1978 (EE Act). The purpose of the EES is to provide a detailed description of the proposal and its potential effects on the environment2.

In April 2012, the Minister for Planning issued the Scoping Requirements for the proposed Penshurst Wind Farm (‘the project’), which set out the range of environmental matters to be investigated and documented in the EES. Public comments on the advertised draft Scoping Requirements were considered in finalising the Scoping Requirements.

In August 2013, RES informed the Department of Transport, Planning and Local Infrastructure3

(formerly the Department of Planning and Community Development) of a variation to the proposed Penshurst Wind Farm which would include a temporary on-site quarry. The quarry is intended to provide medium-grade rock for the tracks proposed within the wind farm site. These revised Scoping Requirements incorporate additional environmental matters to be investigated because of the proposed on-site quarry.

The Scoping Requirements are intended to be complete in their coverage of potential effects and matters warranting investigation. However, the EES should address any pertinent issues that emerge during the EES investigations and consultation.

1.2 The Project and Setting

The project comprises a wind energy facility of up to 223 wind turbines (project area shown in Figure 1 over page), each with a capacity within the range of 1.8-3.4 megawatts (MW), resulting in an installed maximum capacity of 758.2 MW. The maximum height to blade tip would be approximately 175 metres.

In addition to turbines, project infrastructure and works include substations, a switchyard, overhead and underground cabling, wind monitoring masts, monitoring and maintenance buildings, an on-site quarry and on-site access tracks. Several local roads may also require upgrades to accommodate the project. A double circuit 220 kilovolts (kV) overhead electricity line is also needed to connect the wind farm to the existing 500kV Heywood-Moorabool transmission line. Access will be required to either an existing terminal station or connection to a new terminal station adjoining the 500kV line (refer to Figure 2 over page).

The project is expected to be constructed in two stages, taking 18-24 months to complete, with an expected operational life of 25 years.

1 RES is a subsidiary of the Renewable Energy Systems group of companies based in the United Kingdom. The RES group is a specialist wind farm developer.

2 For the purpose of environmental assessment under the Environment Effects Act 1978, the meaning of ‘environment’ includes the physical, biological, cultural, social, health, safety and economic aspects of human surroundings, including the wider ecological and physical systems within which humans live.

3 Note that there have been changes to Victorian departmental names since the final Scoping Requirements for the Penshurst Wind Farm were originally issued in April 2012. The purpose of the Revised Scoping Requirements is to ensure that the additional impacts of the on-site quarry are investigated; it is not intended to update departmental names.

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The project area is located in an undulating landscape, consisting of stony rises interspersed with lower lying swales. It covers a number of privately-owned properties primarily used for grazing within an area of approximately 10,530 hectares.

The wind farm site is traversed by the Moyne and Eumeralla Rivers and contains a number of wetlands, including Lake Minhamite. Three volcanic cones occur in the vicinity, namely Mount Rouse, Mount Napier and Mount Eccles. A majority of the project area is located on the lava flows associated with Mount Rouse.

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Figure 1: Wind Farm Project Area

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Figure 2: Transmission route from project area

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2 ASSESSMENT PROCESS AND REQUIRED APPROVALS

2.1 Overview of the EES Process

RES is responsible for preparing the EES, including preparing the technical studies and stakeholder consultation, while the Department of Planning and Community Development (DPCD) is responsible for managing the EES process.

The EES process for this project will have the following key steps:

Preparation of a Draft Study Program and Schedule by the proponent (now completed);

Preparation and public exhibition of the Draft Scoping Requirements by DPCD (now completed);

Issuing of Scoping Requirements by the Minister for Planning (this document);

Review of the proponent’s EES studies and draft documentation by DPCD and the Technical Reference Group (TRG)4;

Completion of the EES by the proponent;

Review of the complete EES by DPCD in terms of its adequacy for public exhibition;

Exhibition of the EES for public comment;

Appointment of an Inquiry by the Minister for Planning to review the EES and any public submissions, conduct public hearings and provide a report to the Minister for Planning; and

Following receipt of the Inquiry report, provision of the Assessment of the project by the Minister for Planning to decision-makers.

Further information on the EES process can be found on the Department’s website at www.dpcd.vic.gov.au/planning/ees.

2.2 Technical Reference Group

DPCD convenes an agency-based TRG to advise it and the proponent on the preparation of the EES for the project. This TRG will comprise representatives of relevant State government agencies and the Moyne and Southern Grampians Shire Councils.

The role of the TRG is to provide advice to DPCD and the proponent, as appropriate, on:

The scope and requirements for the EES;

Relevant policies, strategies and statutory provisions;

The design and adequacy of technical studies for the EES;

The adequacy of the main EES report volume(s);

Opportunities to address issues arising from the EES investigations;

The design and implementation of the proponent’s public information and stakeholder consultation program for the EES; and

Coordination of statutory assessment and approvals processes.

2.3 Public Consultation

In addition to the formal steps, informal consultation also plays an important role in the preparation of the EES. The proponent is responsible for engaging with stakeholders in order to identify and respond to their concerns in conjunction with the EES studies.

4 For critical components of the EES studies, peer review by an external, independent expert may be appropriate.

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http://www.dpcd.vic.gov.au/planning/ees


Relevant stakeholders include potentially affected parties, the community and interested organisation and individuals, as well as the government agencies involved formally in the process.

A public information and stakeholder consultation plan for the EES is to be prepared and implemented by the proponent to ensure that the public is familiar with the investigations and that key stakeholders are consulted on pertinent issues. The proponent’s final ‘EES Consultation Plan’ will be published on the DPCD website.

The plan should:

Identify the relevant stakeholders and interest groups;

Analyse the stakeholders to understand their character, interest and consultation needs, including in relation to relevant local knowledge to input into the EES;

Describe the consultation methods to be used and outline a schedule of consultation activities; and

Outline how inputs from stakeholders will be recorded, considered and/or addressed in the preparation of the EES.

2.4 Required Approvals

The project will require a number of approvals under Victorian legislation including:

Permits under the Moyne and Southern Grampians Planning Schemes for the use and development of land for a wind energy facility and associated infrastructure, and removal of native vegetation;

Licences for works on waterways under the Water Act 1989;

Approval of a Cultural Heritage Management Plan (CHMP) under the Aboriginal Heritage Act 2006 for the project;

A work authority and approved work plan from the Department of State Development, Business and Innovation (DSDBI) to carry out extractive industry under the Mineral Resources (Sustainable Development) Act 1990 (MRSD Act) (for development of an on-site quarry);

Approval from the Minister for Environment and Climate Change to remove native vegetation of very high conservation significance in accordance with Victoria’s Native Vegetation Management - A Framework for Action, 2002 (NVMF);

A permit to take protected flora under the Flora and Fauna Guarantee Act 1988 (FFG Act); and

A management authorisation to take or destroy native wildlife under the Wildlife Act 1975.

The project also requires approval under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), which will be informed by the Minister for Planning’s Assessment at the conclusion of the EES process (refer to section 2.6).

An ‘Offer to Connect’ under the National Electricity Rules will be needed from the Australian Energy Market Operator (AEMO) to enable the wind farm to connect to the Victorian Declared Shared Network.

The Minister’s Assessment under the EE Act will inform the key statutory approval decisions on the project, but does not constitute a statutory approval in its own right.

2.5 Coordination of the EES and Approval ProcessesThe EES process is to be coordinated with key approval processes, such as the planning permit process. It is anticipated that the planning permit applications will be placed on public exhibition concurrently with the EES. Figure 3 shows the coordinated statutory assessment and approval pathway for this project.

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Referral under Environment Effects Act 1978

Finalisation of EES Scoping Requirements

Exhibition of Draft Scoping Requirements for EES

Minister for Planning EES decision

Proponent prepares EES and consults community

TRG reviews EES documentation

DTPLI reviews EES and authorises exhibition (under delegation)

Inquiry hearings

Inquiry report

Minister’s Assessment

Decisions under Victorian legislation: Planning Permit(s) under Planning and Environment

Act 1987 Cultural Heritage Management Plan under Aboriginal

Heritage Act 2006 Work Plan and Work Authority under Mineral

Resources (Sustainable Development) Act 1990

Commonwealth decision controlled action under EPBC Act

Accreditation of EES process under bilateral assessment agreement

Decision on approval under EPBC Act

Exhibition of EES with approval documentation

Public comments

Public review and submissions

Referral under Environment Protection and Biodiversity Conservation Act 1999

Figure 3: Coordinated Statutory Assessment and Approvals Pathway

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2.6 Accreditation of the EES Process

The project was also referred by RES under the EPBC Act. The delegate for the Minister for Sustainability, Environment, Water, Population and Communities determined on 13 July 2011 that the project is a controlled action under the EPBC Act and hence requires assessment and approval under this Act. The relevant controlling provisions for the project under the EPBC Act are threatened species and ecological communities (sections 18 and 18A).

The EES is accredited as the required assessment process under the EPBC Act in accordance with the bilateral agreement between the Commonwealth and Victorian Governments. Note that what are generally termed ‘effects’ in the EES process corresponds to ‘impacts’ under the EPBC Act.

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3 MATTERS TO BE ADDRESSED IN THE EES

3.1 General Content and Style of the EES

The EES should enable stakeholders and decision-makers to understand the potential environmental effects of the project and to develop an informed view on relevant aspects of the project.

The EES should consist of a main report supported by technical appendices containing relevant data, technical reports and other sources of EES analysis. The main EES report should provide a clear, succinct and well-integrated analysis of the potential effects of the proposed works and any relevant alternatives, including proposed mitigation and management measures.

Overall, the main EES report should include:

An executive summary of the potential environmental effects of the project;

An overview of the proponent and its existing operations, including its environmental history;

A description of the project’s objectives and rationale, as well as its relationship to relevant policies and plans;

A description of the entire project, including associated infrastructure;

A description of feasible alternatives capable of substantially meeting the project’s objectives that may also offer environmental benefits and, where a preferred alternative is nominated, the basis for this choice;

An outline of the various approvals required for the project to proceed (including off-site infrastructure);

Descriptions of the existing environment, particularly where this is relevant to the assessment of potential effects;

Rigorous assessment of the potential effects arising from the project and relevant alternatives on environmental, social and economic assets and values, relative to the ‘no project’ scenario. The extent of baseline and predictive studies should be commensurate to environmental risks. Assessments should address direct and indirect, combined, short and long-term, beneficial and adverse effects and consequences, as well as cumulative effects in combination with other existing, approved or publicly proposed documented wind farm projects. An estimation of the likelihood or degree of uncertainty associated with predictions should also be provided;

Feasible and proposed measures for avoiding, minimising, managing and monitoring environmental effects, including a statement of commitment to implement the proposed measures;

Predictions of residual effects of the project assuming implementation of proposed environmental management measures;

Any proposed offset measures where avoidance and mitigation measures would not adequately address effects on environmental values;

A description of stakeholder consultation undertaken and responses to issues raised during public and stakeholder consultation; and

Evaluation of the implications of the project and relevant alternatives for the implementation of applicable legislation and policy, including the principles and objectives of ecologically sustainable development and environmental protection.

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A concise summary document (to be produced in A4 size) also needs to be prepared by the proponent for free distribution to the community and interested parties. The EES summary document should include details of the EES exhibition and availability of the EES documentation.

Close consultation with DPCD and the TRG during the investigations and preparation of the EES will be necessary to minimise the need for revisions prior to authorisation of the EES for public exhibition.

Further and more specific detail on the required scope and content of the EES is covered in the following sections.

3.2 Project Description

The EES should describe the project in sufficient detail to allow an understanding of all components and its development stages (if relevant), to assist in determining environmental effects associated with the project.

The EES should describe the following aspects of the project:

Contextual information on the project, including its objectives and rationale, its relationship to other renewable energy projects or activities in south-west Victoria, and implications of the project not proceeding;

The key physical components of the project and associated infrastructure, including turbines, turbine sites, access tracks, connection to the electricity grid, transport routes, project-specific quarries to source stone requirements. This description should address project components’ location and layout, as well as relevant technical specifications and performance requirements, and methods of construction;

Operational requirements, including commissioning and maintenance activities; and

Information on the project’s operational life, including expected construction timetabling and staging, and decommissioning and rehabilitation arrangements.

3.3 Existing Environment

The EES should incorporate a general description of the features of the environment in the vicinity of the project, including for off-site infrastructure and relevant alternatives. The description of the existing environment should be sufficiently detailed to provide a firm and reliable basis for assessment of environmental effects, especially with respect to key environmental assets and values that may be affected.

The description of the existing environment should:

Provide an overview of the regional environmental setting, including wind characteristics, existing infrastructure, and other approved and/or publicly proposed documented wind farm projects;

Describe features and land uses (including dwellings) both within and immediately adjacent to the project area, supported by plans and maps;

Provide a detailed description and diagrams of environmental values potentially affected by the project, including:

- All areas or aspects of the environment that may be affected by the project;

- Details of any notable features, values and uses of the environment;

- An assessment of each aspect of the environment’s sensitivity to change or disturbance; and

- Quality maps, plans, photographs, diagrams or other details to illustrate the above;

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Combine published information with sufficient new field data to provide a suitably reliable basis for impact prediction, especially with respect to key environmental issues identified; and

Clearly identify the sources and accuracy of the information.

3.4 Relevant Alternatives

The EES should provide an analysis of feasible alternatives capable of substantially meeting the project’s objectives.

This analysis should include an outline of:

The site selection process for the wind farm itself;

Potentially suitable alternative turbine and infrastructure layouts;

Any relevant options for turbine configurations (height, blade length and generator models);

The route and site selection process for off-site infrastructure required for the project; and

The siting of any project-specific on-site or off-site quarries to supply required volumes of stone for project construction.

In relation to connecting the new transmission line associated with the wind farm itself to the electricity grid network, the EES should consider the alternatives of: (a) a dedicated terminal station at a location west of the township of Hawkesdale; and (b) a connection point at Tarrone (potentially in conjunction with the substation currently under construction). Where appropriate, the analysis of alternatives should consider the feasibility and suitability of co-locating or sharing infrastructure with other developments5.

The analysis of alternatives should take into account applicable legislation and policy, as well as the draft evaluation objectives set out in section 3.7 of these Scoping Requirements.

An exhaustive environmental assessment of all alternatives is not required. Rather, assessment effort should be directed towards enabling a reasoned elimination of credible but unsuitable or inferior alternatives.

3.5 Applicable Legislation, Policies and Strategies

The EES will need to identify relevant legislation and policies, as well as strategies and guidelines, and assess their specific requirements or implications for the project, particularly in relation to required approvals.

The EES should outline the relevant State and Commonwealth legislation, including, but not limited to:

Planning and Environment Act 1987, and relevant provisions in the Moyne and Southern Grampians Planning Schemes;

Environment Protection Act 1970, including the principles of environment protection and relevant State Environment Protection Policies (SEPPs) made under the Act;

EPBC Act;

FFG Act, Fisheries Act 1995, and Wildlife Act 1975;

5 Grid connections options should be considered in the context of the Draft Guidelines for Shared Transmission Connections (AEMO, June 2011) and Draft Guidelines for Establishing Terminal Stations (AEMO, June 2011). AEMO has also prepared a related document, Connecting Generator Clusters to the Victorian Electricity Transmission Network: A Technical Perspective (AEMO, June 2010).

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Aboriginal Heritage Act 2006 and Traditional Owner Settlement Act 2010, and/or relevant Commonwealth legislation;

Heritage Act 1995;

Water Act 1989;

Catchment and Land Protection Act 1994, Crown Land (Reserves) Act 1978, and Land Act 1958;

Country Fire Authority Act 1958 and Fire Services Commissioner Act 2010;

Road Management Act 2005 and Traffic Management Act 2008;

Public Health and Well Being Act 2008;

Electricity Industry Act 2000, National Electricity Law and National Electricity Rules; and

Climate Change Act 2010

MRSD Act.

Relevant policies and strategies include, but are not limited to:

Policy and planning guidelines for development of wind energy facilities in Victoria (DPCD, 2011);

Glenelg Hopkins Regional Catchment Strategy (2003);

NVMF;

Action Statement FFG Act No. 119 Grus Rubicunda (Department of Sustainability and Environment (DSE) 2003), and any other relevant Recovery Plans or Action Statements for affected species/communities that are listed under Commonwealth and Victorian legislation;

Ground vibration and airblast limits for blasting in mines and quarries (DNRE, 2001);

Management of water in mines and quarries (DPI);

Extractive industry work plan guidelines (DPI, 2010);

Rehabilitation plans and other environmental aspects of work plans (DPI, 2004).

3.6 Key Potential Environmental Effects

The Minister’s decision outlined the procedures and requirements applying to the preparation of the EES, in accordance with section 8B(5) of the EE Act.

The EES is to give attention to the investigation of potential environmental effects of the proposed works and relevant alternatives, as well as associated environmental mitigation and management measures, including with respect to:

“Effects on biodiversity, including native vegetation, listed fauna, flora and ecological communities on and near the site including on adjacent road reserves. Particular focus is to be given to the effects of the wind farm on populations of Victorian Brolga and the Southern Bent-wing Bat;

Effects on geological and landscape values within the site and region;

Effects on Aboriginal and non-Aboriginal cultural heritage values within and adjacent to the site including on adjacent road reserves;

Effects on the amenity of nearby sensitive receptors (in particular dwellings) from construction and operation of the wind farm; and

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Cumulative environmental effects of the wind farm in combination with other approved wind energy facilities within the region.”

The key environmental matters identified in the Commonwealth Minister for Sustainability, Environment, Water, Population and Communities’ decision under the EPBC Act are discussed in section 4.2.

3.7 Draft Evaluation Objectives

The EES should provide an integrated assessment of the project, in terms of implications of potential effects and associated risks, with respect to:

Key requirements or objectives under statutory provisions and policies;

Best practice techniques and technologies; and

Objectives and principles of ecologically sustainable development and environmental protection.

This integrated assessment may be assisted by the formulation of assessment or performance criteria to address specific effects and/or risks6. These criteria might be linked to higher-order objectives for the evaluation of project effects or outcomes.

The following draft evaluation objectives provide a potentially suitable framework, which could be refined as the EES proceeds. They reflect the key issues identified by the Minister as well as relevant legislation and policies.

The proposed draft evaluation objectives to guide the assessment of potential effects of the project are:

To avoid or minimise adverse effects on native vegetation as well as flora and fauna species and ecological communities, in particular those listed under the FFG Act or the EPBC Act, and address opportunities for offsetting potential losses consistent with the NVMF.

To avoid or minimise adverse effects on landscape and related scientific values associated with volcanic features of the region.

To avoid or minimise adverse noise, visual and other amenity effects, as well as protect the amenity and social well-being of nearby residents and local communities, to the extent practicable.

To provide net economic benefits for the State, while minimising adverse effects on agriculture, other land uses, economic activities and traffic conditions to the maximum extent practicable.

To protect Aboriginal and non-Aboriginal cultural heritage values to the greatest extent possible.

To protect catchment values and aquatic environments, surface water and groundwater quality, hydrology and receiving water environments, including avoiding effects on protected beneficial uses.

To provide a transparent framework with clear accountabilities for managing environmental effects and hazards associated with the project in order to achieve acceptable environmental outcomes.

Overall, to ensure that the Penshurst Wind Farm project achieves a balance of economic, environmental and social outcomes that contributes to sustainable development and provides a net community benefit over the short- and longer-term.

6 Multi-Criteria Analysis (MCA) may be an appropriate tool to assist in evaluation of predicted outcomes and relevant alternatives.

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4 ASSESSMENT OF SPECIFIC ENVIRONMENTAL EFFECTS

4.1 General Approach

The EES documentation should be prepared in the context of the principles of a systems approach and proportionality to risk, as set out in the Ministerial guidelines for assessment of environmental effects under the EE Act 1978 (Ministerial Guidelines).7

The EES must assess potential environmental effects as a result of the construction, operation and decommissioning of the project. The assessment of environmental effects in the EES, at least in the case of significant risks, should include:

Potential effects on individual environmental assets, in terms of magnitude, extent and duration of change in the values of each asset;

Relationships between different effects;

The likelihood of effective avoidance and mitigation of potential adverse effects;

The likelihood of adverse effects and associated uncertainty of available predictions; and

Implications of likely effects for implementation of statutory provisions and policy, as well as consistency with principles and objectives of ecologically sustainable development and environmental protection.

The potential effects of the project, as well as relevant alternatives, need to be systematically identified and assessed in the EES. The depth of investigation of alternatives should be proportionate to their potential to both meet the aims of the project and provide a credible opportunity to minimise the potential adverse environmental effects in the context of the draft evaluation objectives outlined in section 3.7.

Specific effects and aspects of investigation are set out below under relevant categories of potential effects. However, the proponent will need to address any other issues that may emerge and warrant assessment during the investigations and preparation of the EES. Ultimately, it is the proponent’s responsibility to ensure that adequate studies are undertaken and reported.

ConsultationThe proponent is required to communicate and consult with the public and stakeholders throughout the assessment process in accordance with their EES Consultation Plan (as outlined in section 2.1). Further to this, the EES should document the outcomes of the consultation undertaken, including:

The issues raised and suggestions of stakeholders or members of the public (by theme and source, rather than individually) and the responses made by the proponent in the context of either the EES studies or a refined project description; and

An outline of a program for community consultation, stakeholder engagement and communications during the construction and operation of the wind farm, including

7 A systems approach involves the consideration of potentially affected environmental systems and interacting environmental elements and processes. This would enable potential interdependencies to be identified, helping to focus relevant investigations and identify opportunities to avoid, mitigate or manage adverse effects. An inter-disciplinary approach should be adopted where appropriate.

A risk-based approach should be adopted in the assessment of environmental effects so that suitable, intensive, best practice methods can be applied to accurately assess those matters that involve relatively high levels of risk of significant adverse effects and guide the design of strategies to manage these risks. Simpler or less comprehensive methods of investigation may be applied to matters that can be shown to involve lower levels of risk.

Implementation of a risk-based approach means that a staged study design may be appropriate. The initial phase of investigation should characterise environmental assets that may be affected, potential threats arising from a project, and the potential environmental consequences. This phase should enable the design of any necessary further studies proportionate to the risk to analyse the consequences and likelihood of adverse effects.

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opportunities for local stakeholders to engage with the proponent and to address or respond to potential issues when the project is undertaken.

4.2 Biodiversity and Habitat

Objective: To avoid or minimise adverse effects on native vegetation as well as flora and fauna species and ecological communities, in particular those listed under the FFG Act or the EPBC Act, and address opportunities for offsetting potential losses consistent with the NVMF.

General The EES should provide an assessment of the potential effects of constructing, operating and decommissioning the wind energy facility and off-site infrastructure on biodiversity and related habitats (refer also to sections 4.3 and 4.7), both in the absence of and with proposed mitigation measures.

The EES should:

Characterise the native vegetation, and terrestrial, aquatic and aerial habitats in the project area (including off-site infrastructure sites), including the existence or potential existence of any species or ecological communities listed under the FFG Act or EPBC Act and any declared weeds or pathogens located in the project area. This should be informed by relevant databases and literature and by conducting appropriate seasonal and targeted surveys8. For more mobile species the area of investigation should be commensurate with the scale of those movements;

Identify, assess and quantify the likely and potential effects the proposed project and any relevant alternatives may have on:

- Native vegetation, habitat areas (quality and continuity), indigenous flora and ecological communities (including listed species and communities);

- The dispersal and distribution of weeds and pathogens;

- Significant terrestrial fauna, including listed species;

- Avifauna, where regular, periodic or seasonal use of the project area may be affected by general disturbance or be at risk of collision with moving or stationary infrastructure;

- Bat species at risk of collision with moving or stationary infrastructure, and/or barotrauma; and

- Significant aquatic species in relation to any works near or on waterways and wetlands;

Consider the potential for cumulative effects on significant fauna from the proposal in combination with other existing, approved or publicly documented proposed wind energy facilities, by:

- Documenting the regional distributional range of each species (including where relevant key breeding, foraging, roosting and/or flocking areas and known regular or seasonal flight paths);

- Identifying other wind energy facilities within the distributional range of each species;

- Assessing how the potential effects from the proposal may be magnified in light of the known or potential effects from other facilities;

Provide details of any specific measures to avoid, minimise and mitigate against potential

8 The EES will need to demonstrate that appropriate and adequate information (e.g. desktop database searches, targeted surveys and/or modelling) has been compiled on the potential and actual presence of threatened species and ecological communities, having regard to the likelihood and consequence of impact. Where preliminary studies have not identified a species but past records suggest that it may occur locally, a precautionary approach to the further investigation of its occurrence and mitigation of potential impacts should be adopted.

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effects (including cumulative effects) on native vegetation, flora and fauna species, habitat and ecological communities, and discuss likely effectiveness and costs;

Describe in detail any obligations arising from the NVMF and Victoria’s Biodiversity Strategy. In particular, the EES should address how native vegetation removal is to be avoided and minimised. Where clearing of native vegetation cannot be avoided, the EES will need to outline an offset strategy in the context of both the NVMF and Draft Policy Statement 4.1: Use of environmental offsets under the EPBC Act (which may necessitate a variety of approaches). This offset strategy should identify and describe proposed arrangements for ongoing management of offsets, as well as details on the security of tenure and ownership arrangements; and

Quantify the likely residual effects of the project on native vegetation, flora and fauna species, habitat values and ecological communities, and consider the need for, and potential nature and effectiveness of, further offsets to negate these.

BrolgaThe assessment of potential impacts of the proposed wind energy facility and powerlines on the Brolga should be undertaken in accordance with the ‘Level 3’ assessment requirements outlined in the Interim Guidelines for the Assessment, Avoidance, Mitigation and Offsetting of Potential Wind Farm Impacts on the Victorian Brolga Population (DSE, Revision 1 2012).

Southern Bent-wing BatIn relation to the assessment of potential impacts on the Southern Bent-wing Bat (SBWB), the EES should:

Summarise pertinent information available on the SBWB in scientific and project assessment literature, including the current regional population and recent trends, regional distribution and migration patterns, habitat associations, behavioural ecology and threatening processes; as well as with respect to bat interactions with wind turbines and changing climatic conditions.

To the extent practicable, having regard to advice from the TRG and a nominated peer reviewer:

- Identify roosting and over-wintering sites in proximity to the project area that are likely to be used by SBWB;

- Estimate the proportion of the Victorian SBWB sub-population at known roosting and over-wintering sites in proximity to the project area that are likely to forage within the project area;

- Identify likely periods of movements between maternity and non-breeding caves and other roosting habitat, as well as the likelihood of the site being within migration routes;

- Provide evidence on the behaviour of SBWB in terms of:

the height, season, time of day/night and preferred weather conditions of its flight movements (including both foraging and commuting flights);

habitat usage patterns; and

likely flight paths between roost sites and the project site.

This will require the provision of sufficient data from anabat monitoring or other relevant methodologies to characterise the occurrence and habitat association of SBWB within the project area, supported by statistical analysis and modelling;

- Quantify the hazard that turbine siting and operation within the project area, as well as the siting and design of the transmission line, would pose to the local SBWB population, through mortality associated with collision, barotrauma and electrocution, as well as habitat isolation and fragmentation;

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- Identify opportunities both to mitigate SBWB impacts from on-site project impacts and to offset such impacts through either on-site or off-site measures, and assess the likely efficacy of any proposed measures; and

- Provide an assessment of the likely significance of impacts on the SBWB from the project in the context of available knowledge of other regional influences on the species.

The Survey Guidelines for Australia’s Threatened Bats (Department of Environment, Water, Heritage and the Arts, 2010), and draft Guidelines for bat surveys in relation to Wind Farm developments (DSE, 2007) should be considered.

The assessment of potential impacts on the SBWB is to be subject to expert review by a peer reviewer nominated by DPCD.

Matters of National Environmental Significance (NES)The EES should also include a separate summary assessment addressing other matters of NES in the context of Schedule 4 of the Environment Protection and Biodiversity Conservation Regulations 2000.

The summary must include, but not be limited to, information on the following species and ecological community listed as threatened under the EPBC Act:

Swamp Fireweed, Curly Sedge, Swamp Everlasting and Gorae Leek-orchid;

Growling Grass Frog, Dwarf Galaxias, Yarra Pygmy Perch, Australian Grayling, Striped Legless Lizard, Southern Bent-wing Bat, Grey-headed Flying-fox and Golden Sun Moth; and

The Natural Temperate Grassland of the Volcanic Plain Community.

The EES is to provide information on the distribution of listed species and communities relative to the proposed siting and design of project infrastructure, as well as an assessment of the associated potential for impacts having regard to proposed and feasible mitigation measures.

4.3 Landscape, Geological and Geomorphological Values

Objective: To avoid or minimise adverse effects on landscape values and related scientific values associated with the volcanic features of the region.

The EES needs to include an assessment of the potential effects of the project (including off-site infrastructure components) on the landscape9 and geo-science value, based on clear methodologies.

Landscape values The EES should:

Identify and describe the existing landscape character, features and values of the project site and the surrounding area, their significance (both as a whole and for different elements within each landscape type), and sensitivity to change; Identify the key components of the project (including power lines and any components that are within 2km of National Parks and/or State Parks) which may impact upon landscape values during both construction and operation of the wind farm. Computer-based simulation of key components of the project should be used, and a photomontage of the view corridor between Mount Rouse and Mount Napier must be included (refer to Policy and planning guidelines for development of wind energy facilities in Victoria (DPCD, 2011) for guidance on specific matters that should be addressed here);

9 The term landscape here refers to the concept of visual and related scientific qualities of the area providing an environmental value and a public good. It is distinct from the visual amenity experienced by individuals who have outlooks from their properties towards the project area and associated infrastructure.

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Assess the potential effects of the project on the landscape features of the project area. This should take account of different user group sensitivities to landscape modification across a range of distances, and the capacity of the landscape as a whole to accommodate the project;

Consider the potential for cumulative effects from other existing, approved or publicly documented proposed wind energy facilities in combination with the proposal on landscape character and values. The cumulative effects should take account of wind farms viewed sequentially and in combination along significant tourist routes and from key vantage points (including from any impacted public view points at Mount Napier, Mount Rouse and the south-west Grampians);

Identify proposed measures to minimise potential effects, including locating turbines and other infrastructure to avoid dominant topographical features, windbreaks and view corridors; and

Identify the residual effects on the landscape character and values of the project area and adjoining area, including in the context of any potential rehabilitation and restoration work that may be possible following decommissioning of the wind farm.

Any publicly available material arising from DPCD’s South West Victoria Landscape Assessment Study (tentatively due for completion in December 2012) should ideally be considered in framing the assessment.

Geological and geomorphological values The EES should:

Identify and describe the existing geological and geomorphological features and values of the project site and the surrounding area, including their significance (both as a whole and for major geological and/or geomorphologic elements), their role in conservation, research, education and related tourism, and their sensitivity to change;

Identify the key components (including quarrying and blasting activities) of the project which may impact upon geological or geomorphological values during construction or operation of the wind farm;

Assess the potential effects of the project on the geological and geomorphological values and features of the project site and adjoining areas, having regard to the significance and sensitivity of particular features and their relative uniqueness and wider representation, including in the context of the objectives of the Kanawinka Global Geopark;

Identify proposed measures to minimise potential effects, including locating turbines and other infrastructure to avoid scientifically significant features;

Identify the residual effects on the geological and geomorphological values of the project area and adjoining area, including in the context of any potential rehabilitation and restoration work that may be possible following decommissioning of the wind farm.

4.4 Amenity and Social Well-being

Objective: To avoid or minimise adverse noise, visual and other amenity effects, as well as protect the amenity and social well-being of nearby residents and local communities, to the extent practicable.

The EES needs to include an assessment of the potential effects of the project (including off-site infrastructure components) on the amenity and social well-being of residents and local communities within the vicinity of the project area.

Visual amenity, including blade glint and shadow flicker

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The EES should:

Identify the components of the project that may result in a visual amenity effect including turbines, blade glint and shadow flicker, electricity lines and the connection to the grid and terminal station;

Identify sensitive receptors that may be subject to visual amenity effects, including, but not limited to, all dwellings within 2km of wind turbines;

Assess the potential visual amenity effects of the project, both within and beyond the project area. This should include the effects of aviation obstacle lighting on visual amenity, if such lighting is required by the Civil Aviation Safety Authority. Photomontages or other visual techniques should be used to support this assessment;

Identify proposed measures to avoid and minimise potential visual amenity effects, including the relocation of turbines where appropriate. In particular, the EES will need to demonstrate how the design of the facility has minimised blade glint and shadow flicker to within acceptable limits; and

Identify the residual effects of the project on visual amenity of nearby residents and communities.

Noise and vibrationThe EES should:

Characterise the ambient noise environment and identify sensitive receptors in the project area (including for off-site infrastructure), including, but not limited to, all dwellings within 2km of wind turbines and local schools;

Assess the potential for construction of the wind farm and off-site infrastructure to increase noise and vibration levels at sensitive receptors and nearby townships. The assessment should include an estimation of noise from all project-related sources (including blasting activities) to establish the likely conditions to be experienced at sensitive receptors;

Assess the potential effects from the proposed on-site quarry activities on sensitive receptors (including air blast, vibration, fly rock).

Assess the potential for operation of the wind farm and off-site infrastructure to increase noise and vibration levels at sensitive receptors and nearby townships. The assessment should include an estimation of noise from all project-related sources, including special audible characteristics (for example tonality, amplitude modulation, and low frequency noise and infrasound), at different times over a 24-hour cycle to establish the likely conditions (including any potential sleep disturbance) to be experienced at sensitive receptors;

Examine the potential for sensitive receptors to be exposed to cumulative noise impacts from other existing, approved or publicly documented proposed wind energy facilities in combination with the proposal; and

Identify proposed design and management measures to avoid, mitigate and manage any potential noise effects during the various phases of the project.

This assessment is to occur in accordance with the New Zealand Standard NZS 6808:2010 - Wind Farm Noise and Noise from Industry in Regional Victoria (Environment Protection Authority Publication 1411, 2011) where applicable.

Electromagnetic interferenceThe EES should:

Identify the type and location of any transmitters and receivers on the project area or within the region which may potentially be affected by electromagnetic interference;

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Identify and assess the potential effects of the project on electromagnetic waves in relation to telecommunication services, television and radio reception and microwave transmission, taking into account frequency of disruptions; and

Identify any proposed design and management measures to eliminate or minimise any potential electromagnetic interference.

Social effectsThe EES should assess the potential social effects of the project on surrounding communities including Penshurst, and in doing so should:

Characterise the existing social and community conditions in the vicinity of the project area, including the settlement pattern, the distribution of residents, their demographic characteristics, and patterns of community interaction and social focus;

Assess potential effects on the local community likely to be experienced during the construction stage of the project, including in relation to the capacity and accessibility of social infrastructure and housing, and temporary or permanent road closures;

Assess the potential longer-term effects arising from the operation of the project, including through changes to the character and amenity of different locations, including places with particular cultural, recreational or aesthetic values, and population and demographic change (and associated impacts on community cohesion/functioning);

Consider the potential for cumulative effects arising from other existing, approved or publicly documented proposed major infrastructure projects in combination with the proposal;

Describe local community attitudes towards the project; and

Identify proposed measures to address both temporary and longer-term social effects on residents and local communities.

4.5 Economic and Land Use Effects

Objective: To provide net economic benefits for the State, while minimising adverse effects on agriculture, other land uses, economic activities and traffic conditions to the maximum extent practicable.

Economic effectsThe EES needs to assess the potential economic effects of the project on Penshurst, Hawkesdale and other local towns located nearby and the region.

Specifically, the EES needs to:

Identify the potential economic effects of the project, both adverse and beneficial, during the construction, operation and decommissioning of the project at the local and regional level taking into account:

- Employment opportunities to be created directly by the project, as well as indirect employment consequences (positive and negative);

- Income flows, taking into account the extent to which supplies and services for construction, operation and decommissioning would be sourced locally or regionally; and

- Existing land uses within the area;

Assess the effect of the project on State and local infrastructure capacity and demand (including road maintenance costs and the need for additional emergency response capacity);

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Effects on agricultural production, businesses and tourism within the vicinity of the wind farm and adjoining project infrastructure corridors, including for construction-related transport and the transmission line; and

Identify any proposed measures to avoid, mitigate and/or manage adverse economic effects.

Land use effectsThe EES should identify any likely adverse effects of the project (including off-site infrastructure components) on existing land uses and any proposed land uses in the vicinity of the project, as well as intended measures for addressing those effects.

In particular, the EES needs to:

Describe the project area in terms of land use (existing and proposed), zoning and overlays under the Moyne and Southern Grampians Planning Schemes and public infrastructure that support current patterns of economic and social activity;

Demonstrate whether the project is consistent with relevant provisions of the Moyne and Southern Grampians Planning Schemes and other relevant strategies made under Victorian legislation;

Identify potential long and short term effects of the project on existing and potential proposed land uses (such as aerial spraying and other agricultural activities) and public infrastructure (including the reliability of the existing electricity transmission network associated with the grid connection options);

Assess any aircraft safety issues arising from the Penshurst Wind Farm, particularly in respect of any airfields, aerodromes or landing strips in the vicinity of the wind energy facility. Potential air safety effects from activities such as aerial weed control, hang gliding and paragliding should be considered, where relevant;

Assess any fire risk arising from the project;

Identify any proposed measures to avoid, mitigate and/or manage adverse land use effects; and

Describe the likely residual effects of the project on existing and potential future land uses.

The Moyne and Southern Grampians Shire Councils should be consulted on this assessment.

The EES should also identify whether any planning scheme amendments and planning permits are required to facilitate and/or protect the project and outline what the amendments/permits propose to do.

Traffic and roadsThe EES should:

Describe the existing road network surrounding the project area in terms of capacity, condition, accessibility and travel times;

Assess the potential effects of project construction (including off-site infrastructure components) on existing traffic and road conditions, particularly in relation to preferred routes and heavy and light vehicle volumes for the sourcing and delivery of large structures, equipment and construction materials, worker transportation, and operational and maintenance access requirements. This assessment should take account of amenity, accessibility and safety impacts on adjoining residents and in nearby townships, and physical impacts on the road infrastructure;

Consider the potential for cumulative effects arising from other existing, approved or publicly documented proposed major infrastructure projects in combination with the proposal;

Identify additional road works/upgrades required to accommodate the wind farm and any

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significant environmental effects arising from such works; and

Proposed measures for avoiding, minimising and managing traffic and road impacts (including remediation requirements and apportioning of cost) associated with the construction and operation of the project.

4.6 Cultural Heritage

Objective: To protect Aboriginal and non-Aboriginal cultural heritage values to the greatest extent possible.

Aboriginal cultural heritageThe EES should describe and assess the potential effects of the project (including off-site infrastructure components) on both known and unknown Aboriginal sites and places of archaeological and/or cultural heritage significance. The assessment should consider the knowledge, values and views of relevant Registered Aboriginal Parties (RAPs) or RAP application groups, and/or local Aboriginal communities and traditional owners.

The EES should:

Provide contextual information on pre-contact and contemporary activities in the project area by Aboriginal people;

Clearly document consultation undertaken to gain the knowledge and views of local Aboriginal communities (including relevant RAP or RAP applicants and/or local Aboriginal communities and traditional owners);

Describe field investigations undertaken to locate Aboriginal archaeological and cultural heritage sites and places within or near the project area, and provide the rationale for the nature of investigations (including how geomorphological considerations informed such work);

Identify any sites and/or places located prior to, or during, the EES process and characterise both the scientific and cultural significance of each site and/or place. The EES should also discuss the potential for further unknown sites and places to occur in the project area, highlighting any areas of cultural heritage sensitivity. This should be undertaken in consultation with Aboriginal Affairs Victoria and the relevant RAP(s) or RAP applicants and/or local Aboriginal communities and traditional owners, and in accordance with relevant legislation, in particular the Aboriginal Heritage Act 2006;

Assess potential effects of the project on sites and places of Aboriginal cultural significance, including Mount Rouse and its associated lava flows known to be connected with the Eumeralla Wars;

Identify proposed measures to avoid, mitigate or manage potential effects on sites and places of Aboriginal cultural significance; and

Identify residual effects of the project on Aboriginal archaeological sites and Aboriginal historical places in the project area.

The EES also needs to identify any native title interests and briefly outline the process by which these interests are being addressed in light of the Traditional Owner Settlement Act 2010.

Non-Aboriginal cultural heritageThe EES should identify and document all non-Aboriginal places of cultural heritage significance within and adjoining the project area (including off-site infrastructure sites). The EES should assess significance in terms of place types, periods and heritage values.

In assessing significance, the proponent should consult the Heritage Council Criteria for the Assessment of Cultural Heritage Significance (Heritage Victoria, 2008), Landscape Assessment Guidelines for Cultural Heritage Significance (Heritage Victoria, 2009) and

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Guidelines for Conducting Historical Archaeological Surveys (Heritage Victoria, 2008).

The EES should:

Identify relevant historical information within the vicinity of the project area and provide a thematic history of the area;

Provide an inventory of any non-Aboriginal cultural heritage places of significance in the vicinity of the project area. This should include Kolor Homestead, Kolor Woolshed, Cheviot Hills Homestead Complex, Willowbank Homestead and Gazette Homestead Complex. Survey work may be required to ensure that the inventory provides a thorough listing of all heritage places in the project area. Where places are newly recorded, their significance should be established in consultation with Heritage Victoria and the Moyne and Southern Grampians Shire Councils;

Identify and assess the potential effects of the project on known and recorded places (in particular those listed above), including whether the project will affect the setting and context of heritage places;

Identify proposed measures to avoid, mitigate or manage potential effects on known and newly recorded places of non-Aboriginal cultural heritage significance. This may include project redesigns, site protection measures, site recording and documentation and relocation procedures, if necessary, and any requirements under either the Moyne or Southern Grampians Planning Schemes and the Heritage Act 199510; and

Identify the residual effects of the project on non-Aboriginal heritage and values in or nearby to the project area.

4.7 Catchment Values

Objective: To protect catchment values and aquatic environments, surface water and groundwater quality, hydrology and receiving water environments, including avoiding effects on protected beneficial uses.

Water environsThe EES should assess the potential effects relating to surface drainage, flooding, water quality, hydrology, wetland and waterway environments, and drainage systems.

Specifically, the EES should:

Characterise the ground and surface water environments and drainage features in the project area, including the occurrence and representation of different wetland types;

Identify and assess potential effects of the project on water environs, including on permanent and ephemeral wetland systems, waterways, surface and groundwater flow and quality, and domestic and farm water supplies. This should include short-term and permanent impacts associated with draining and dewatering activities, and take account of protected beneficial uses that may be affected in the Moyne and Eumeralla Rivers and Lake Minhamite;

Identify proposed measures to avoid, mitigate and manage any potential adverse effects, including any relevant design features or preventative techniques to be employed during construction; and

Identify residual effects of the project on water environs.

SoilsThe EES should:

10 It may be appropriate for the proponent to make applications to Heritage Victoria for listing on the Victorian Heritage Register or Heritage Inventory or to the councils to include new heritage overlays within the planning schemes.

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Characterise the soils in the project area;

Identify and assess potential effects of the construction, operation and decommissioning phases of the project on soil stability, erosion and the exposure and disposal of any waste or hazardous soils;

Identify proposed measures to avoid, mitigate and manage any potential effects on soils, including any relevant design features of the project or preventative techniques for construction, operation and decommissioning phases of the project; and

Describe likely residual effects of the project on soils in the project area.

4.8 Environmental Management Framework

Objective: To provide a transparent framework with clear accountabilities for managing environmental effects and hazards associated with the project in order to achieve acceptable environmental outcomes.

The EES should describe the Environmental Management Framework (EMF) for the project, including the proponent’s Environmental Management Systems (EMS), and outline any proposed Environmental Management Plans (EMPs), as well as environmental management measures, monitoring and performance requirements that are to be met. More specifically, the EMF should describe:

The statutory approvals and consents that will influence the EMPs and particular environmental management measures;

Any EMS to be adopted (based on the Australian and New Zealand ISO14001:2004), such that organisational responsibilities and accountabilities are clearly identified;

Proposed environmental objectives and indicators to guide environmental monitoring and management actions (including those for listed threatened species and communities);

An outline of the EMPs for the construction, operational and decommissioning phases, including rehabilitation, for the project;

Options to minimise resource and energy use and waste generation, especially in the selection and sourcing of construction materials and equipment;

A summary of environmental management measures proposed in the EES to address specific issues, including environmental commitments of the proponent to mitigate adverse effects and enhance environmental performance;

A proposed program for evaluating environmental outcomes, reviewing and revising environmental management plans, as well as the auditing and reporting of performance; and

Arrangements for management of and access to baseline and monitoring data, to provide transparency and accountability in relation to environmental management, as well as to contribute to the improvement of environmental knowledge.

4.9 Overall Outcome

Objective: Overall, to ensure that the Penshurst Wind Farm project achieves a balance of economic, environmental and social outcomes that contributes to sustainable development and provides a net community benefit over the short- and longer-term.

The EES should provide an integrated assessment of the economic, social and environmental implications of the project either proceeding or not, drawing on the findings of the specific assessments set out above. This overview assessment should address the context of key legislation, and the principles and objectives of ecologically sustainable development and

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environment protection.

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