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SHAW RIVER POWER STATION PROJECT
ENVIRONMENT EFFECTS STATEMENT & AMENDMENT C36 TO THE MOYNE PLANNING SCHEME
INQUIRY PANEL REPORT
JULY 2010
SHAW RIVER POWER STATION PROJECT
ENVIRONMENT EFFECTS STATEMENT & AMENDMENT C36 TO THE MOYNE PLANNING SCHEME
INQUIRY PANEL REPORT
Cathie McRobert, Chair
Ian Coles
Jacqui McLeod
Greg Sharpley
JULY 2010
SHAW RIVER POWER STATION PROJECT EES & MOYNE PLANNING SCHEME AMENDMENT C36 INQUIRY PANEL REPORT: JULY 2010
Contents
OVERALL CONCLUSIONS & CONSOLIDATED RECOMMENDATIONS ................................................................................................. 4 Overall Conclusions........................................................................................................... 4 Consolidated Recommendations ................................................................................... 10 Amendment C36 .............................................................................................................. 14
1. INTRODUCTION.................................................................................................. 18 1.1 The Project ................................................................................................................ 18 1.2 Overarching Policy Context................................................................................... 21 1.3 Overview of Statutory Approvals Required ....................................................... 22 1.4 EES Evaluation Objectives ..................................................................................... 24 1.5 Identification of Issues............................................................................................ 24
2. POWER GENERATION: EFFICIENCY, AFFORDABILITY AND GREENHOUSE GAS EMISSIONS .................................................................... 25
2.1 Rationale for Additional Gas-fired Power Generation ...................................... 25 2.2 Greenhouse Gas Emissions.................................................................................... 26
2.2.1 Regulatory Framework and Policy Context .................................................. 26 2.2.2 EES Assessment - Greenhouse Emission Estimates ..................................... 27 2.2.3 Submissions and Proponent Response .......................................................... 30 2.2.4 Discussion and Conclusions.......................................................................... 32
2.3 The Power Station Site Selection and Design Efficiency.................................... 32 2.3.1 EES Assessment - Power Station Site Selection and Design Efficiency ...... 32 2.3.2 Discussion and Conclusions.......................................................................... 34
2.4 The Gas Pipeline Design and Route Options ...................................................... 34 2.4.1 Regulatory Framework and Policy Context .................................................. 34 2.4.2 The EES Assessment - Gas Pipeline ............................................................. 35 2.4.3 Submissions and Proponent Response .......................................................... 35 2.4.4 Discussion and Conclusions.......................................................................... 37
2.5 Compressor Station Design and Site Selection ................................................... 38 2.5.1 EES Assessment - Compressor Station Site Selection and Design............... 38 2.5.2 Submissions and Proponent Response .......................................................... 38 2.5.3 Discussion and Conclusions.......................................................................... 38
2.6 Water Supply Infrastructure.................................................................................. 39 2.6.1 EES Assessment and Evidence– Water Supply Infrastructure Design ......... 39 2.6.2 Submissions................................................................................................... 40 2.6.3 Discussion and Conclusions.......................................................................... 40
3. PROTECTION OF CATCHMENT VALUES.................................................... 41 3.1 Surface Water, Hydrology and Water Quality.................................................... 41
3.1.1 Regulatory Framework and Policy Context .................................................. 41 3.1.2 EES Assessment and Evidence - Potential Impacts on Surface Waters........ 42 3.1.3 Submissions and Proponent Responses......................................................... 45 3.1.4 Discussion and Conclusions.......................................................................... 48
3.2 Groundwater............................................................................................................ 49 3.2.1 Regulatory Framework and Policy Context .................................................. 49 3.2.2 EES Assessment and Evidence – Groundwater ............................................ 49 3.2.3 Submissions................................................................................................... 50 3.2.4 Discussion and Conclusions.......................................................................... 50
SHAW RIVER POWER STATION PROJECT EES & MOYNE PLANNING SCHEME AMENDMENT C36 INQUIRY PANEL REPORT: JULY 2010
4. BIODIVERSITY...................................................................................................... 52 4.1 Regulatory Framework and Policy Context ........................................................ 52
4.1.1 Commonwealth Legislation - Environment Protection and Biodiversity Conservation Act 1999................................................................................. 52
4.1.2 State Legislation and Policy.......................................................................... 53 4.2 Terrestrial Ecology .................................................................................................. 55
4.2.1 EES Assessment and Evidence - Terrestrial Ecology ................................... 55 4.2.2 Submissions and Proponent Response .......................................................... 58 4.2.3 Discussion and Conclusions.......................................................................... 62
4.3 Aquatic Ecology....................................................................................................... 65 4.3.1 EES Assessment and Evidence - Aquatic Ecology ....................................... 65 4.3.2 Submissions and Proponent Response .......................................................... 67 4.3.3 Discussion and Conclusions.......................................................................... 67
5. PROTECTION OF CULTURAL HERITAGE ................................................... 69 5.1 Aboriginal Cultural Heritage ................................................................................ 69
5.1.1 Regulatory Framework.................................................................................. 69 5.1.2 EES Assessment - Aboriginal Cultural Heritage .......................................... 69 5.1.3 Discussion and Conclusions.......................................................................... 70
5.2 Non-Aboriginal Cultural Heritage ....................................................................... 71 5.2.1 Regulatory Framework.................................................................................. 71 5.2.2 EES Assessment - Non-Aboriginal Cultural Heritage .................................. 71 5.2.3 Submissions and Response............................................................................ 72 5.2.4 Discussion and Conclusions.......................................................................... 72
6. HEALTH, SAFETY AND AMENITY IMPACTS ............................................. 73 6.1 Noise ......................................................................................................................... 73
6.1.1 Regulatory Framework and Policy Context .................................................. 73 6.1.2 EES Assessment and Evidence – Noise Criteria........................................... 74 6.1.3 Submissions and Proponent Response - Noise Criteria ................................ 76 6.1.4 Discussion and Conclusions – Noise Criteria ............................................... 78 6.1.5 EES Assessment and Evidence - Power Station, Compressor Station
and Recycled Water Treatment Plant Operation Noise................................ 79 6.1.6 Submissions and Proponent’s Response – Power and Compressor
Station Operation Noise ............................................................................... 81 6.1.7 Discussion and Conclusions - Power and Compressor Station
Operation Noise ........................................................................................... 81 6.1.8 EES Assessment and Evidence – Noise from Construction Activities ......... 82 6.1.9 Discussion and Conclusions – Noise from Construction Activities.............. 83 6.1.10 Noise Monitoring And Complaints Procedures ............................................ 83
6.2 Air Quality................................................................................................................ 86 6.2.1 Regulatory Framework and Policy Context .................................................. 86 6.2.2 EES Assessment and Evidence - Air Emissions ........................................... 87 6.2.3 Submissions - Air Emissions......................................................................... 90 6.2.4 Discussion and Conclusions - Air Emissions................................................ 91
6.3 Safety......................................................................................................................... 92 6.3.1 Regulatory and Policy Framework................................................................ 92 6.3.2 EES Assessment - Safety .............................................................................. 93 6.3.3 Submissions and Proponent Response .......................................................... 94 6.3.4 Discussion ..................................................................................................... 95
6.4 Landscape and Visual Amenity ............................................................................ 97 6.4.1 EES Assessment and Evidence – Visual Impacts ......................................... 97 6.4.2 Submissions................................................................................................. 100 6.4.3 Discussion and Conclusions........................................................................ 101
SHAW RIVER POWER STATION PROJECT EES & MOYNE PLANNING SCHEME AMENDMENT C36 INQUIRY PANEL REPORT: JULY 2010
6.5 Lighting................................................................................................................... 105 6.5.1 EES Assessment - Lighting......................................................................... 105 6.5.2 Submissions................................................................................................. 105 6.5.3 Discussion and Conclusions........................................................................ 105
7. DISRUPTION OF EXISTING LAND USES, INFRASTRUCTURE, TRAFFIC AND LOCAL COMMUNITIES ...................................................... 107
7.1 Land Use Disruption............................................................................................. 107 7.1.1 EES Assessment- Land Use Disruption ...................................................... 107 7.1.2 Discussion and Conclusions – Land Use Disruption .................................. 108
7.2 Traffic Management.............................................................................................. 108 7.2.1 EES Assessment and Evidence – Traffic Management .............................. 108 7.2.2 Submissions and Proponent Response ........................................................ 110 7.2.3 Discussion and Conclusions – Traffic Management ................................... 111
7.3 Disruption of Infrastructure ................................................................................ 113 7.3.1 EES Assessment - Disruption of Infrastructure .......................................... 113 7.3.2 Submissions and Proponent Response ........................................................ 114 7.3.3 Discussion and Conclusions........................................................................ 114
8. SOCIO- ECONOMIC IMPLICATIONS .......................................................... 115 8.1 Economic and Employment Impacts.................................................................. 115
8.1.1 EES Assessment and Evidence - Economic and Employment Impacts...... 115 8.1.2 Submissions................................................................................................. 116 8.1.3 Discussion ................................................................................................... 117
8.2 Community Services, Housing and Construction Camp(s)............................ 118 8.2.1 EES Assessment and Evidence - Community Services and Housing ......... 118 8.2.2 Submissions................................................................................................. 120 8.2.3 Discussion ................................................................................................... 121
9. OTHER MATTERS.............................................................................................. 125 9.1 Decommissioning.................................................................................................. 125
9.1.1 EES Assessment - Decommissioning ......................................................... 125 9.1.2 Submissions................................................................................................. 125 9.1.3 Discussion ................................................................................................... 125
9.2 Batching Plant ........................................................................................................ 126
10. CUMULATIVE IMPACTS ................................................................................. 127 10.1.1 EES Assessment and Evidence ................................................................... 127 10.1.2 Submissions................................................................................................. 129 10.1.3 Discussion and Conclusions........................................................................ 130
11. FRAMEWORK FOR MANAGING ENVIRONMENTAL EFFECTS AND RISKS........................................................................................................... 134
11.1 Certainty, Community Consultation and Accountability ............................... 134 11.1.1 Certainty...................................................................................................... 134 11.1.2 Co-ordination Between Regulatory Agencies............................................. 137 11.1.3 Consultation ................................................................................................ 138 11.1.4 Compliance Testing .................................................................................... 140 11.1.5 Access to Appropriate Expertise ................................................................. 140
11.2 Environmental Management Plans .................................................................... 141 11.2.1 The Power Station Site................................................................................ 142 11.2.2 Gas Pipeline and Compressor Station ......................................................... 143 11.2.3 Water Pipelines ........................................................................................... 144 11.2.4 Complaints Management............................................................................. 145
SHAW RIVER POWER STATION PROJECT EES & MOYNE PLANNING SCHEME AMENDMENT C36 INQUIRY PANEL REPORT: JULY 2010
11.3 Moyne Planning Scheme Amendment C36....................................................... 146 11.3.1 Schedule 2 to the Special Use Zone (SUZ2)............................................... 146 11.3.2 Schedule to Clause 52.03 ............................................................................ 149 11.3.3 Clause 52.17................................................................................................ 151 11.3.4 Environmental Significance Overlay 4 ....................................................... 151
Appendices
APPENDIX A: EES INQUIRY PANEL TERMS OF REFERENCE..................... 155
APPENDIX B: LIST OF SUBMITTERS.................................................................. 158
APPENDIX C: EES TABLE 2.1: SUMMARY OF KEY APPROVALS AND ASSESSMENTS REQUIRED ........................................................ 159
APPENDIX D: POTENTIAL BENT-WING BAT AND WATER MONITORING PRINCIPLES....................................................... 163
APPENDIX E: LIST OF ABBREVIATIONS USED ............................................. 170
List of Figures
Figure 1 Locality Map (Source: EES Summary Report).......................................... 18 Figure 2 The Power Station Site
(Source: EES Summary Report Figure 4)................................................... 19 Figure 3 Compressor Station Layout (Source: EES Figure 8.2).............................. 20 Figure 4 Power Station Noise Contours (weather category 6) .............................. 80 Figure 5 Compressor Station Noise Contours (weather category 6) .................... 80 Figure 6 Power Station, Switchyard and Pylon Visualisation
(Source: EES Appendix 15 Figure 1.6) ....................................................... 97
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SHAW RIVER POWER STATION PROJECT EES & MOYNE PLANNING SCHEME AMENDMENT C36 INQUIRY PANEL REPORT: JULY 2010
SHAW RIVER POWER STATION PROJECT EES &
MOYNE PLANNING SCHEME AMENDMENT C36
The Project The project comprises:
a gas‐fired power station near the town of Orford;
a gas compressor station north‐west of Port Campbell;
a gas pipeline from Iona to Orford; and
water supply infrastructure at Port Fairy and two water pipelines
from Port Fairy to Orford.
Amendment
C36
Amendment C36 is proposed to facilitate the development of the
Power Station and water pipelines by:
rezoning the Power Station site from Farming Zone (FZ) to a
Special Use Zone 2 (SUZ2);
introducing an Environmental Significance Overlay (ESO4) to
manage the introduction of noise sensitive uses around the Power
Station site;
using Clause 52.03 to exempt the following elements of the
proposal from planning scheme requirements if the associated
incorporated document requirements are met:
native vegetation removal associated with altered access at the
intersection of Riordans Road and Hamilton – Port Fairy Road,
and new water pipelines from Port Fairy to the power station
site; and
a workers construction camp near the Power Station site.
exempting the Power Station site from Clause 52.17 permit
requirements relating to the removal, destruction or lopping of
native vegetation.
The
Proponents
Power Station and Gas Pipeline: Shaw River Power Station Pty Ltd (a
subsidiary of Santos Ltd).
Water supply infrastructure: Wannon Water.
EES Scoping On 7 November 2008, the Minister for Planning advised Shaw River
Power that an EES was required for the project under the Environment
Effects Act 1978. A technical reference technical reference group of
relevant agency and authority representatives was convened to guide
the scoping and development of the EES. The draft scoping
requirements for the EES were finalised in July 2009 after public
exhibition.
Exhibition The EES, Amendment C36 to the Moyne Planning Scheme and Works
Approval Applications WA67398, WA67399 and WA67400 were placed
on concurrent public exhibition from 12 March to 27 April 2010.
Pipeline Licence Applications PL271 and PL272 were advertised
concurrently under the Pipelines Act 2005.
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SHAW RIVER POWER STATION PROJECT EES & MOYNE PLANNING SCHEME AMENDMENT C36 INQUIRY PANEL REPORT: JULY 2010
Submissions 12 written submissions were received, 8 of which were from local
government and government agencies, three were from residents
living in the vicinity of the project and one was from a Proponent for a
proposed Wind Energy Facility.
The EES
Inquiry
Panel
On 25 March 2010 the Minister for Planning appointed an Inquiry
Panel under Section 9 of the Environment Effects Act 1978 comprising:
Cathie McRobert (Chair);
Ian Coles;
Jacqui McLeod; and
Greg Sharpley.
A Panel with the same composition was appointed under Sections 151
and 153 of the Planning and Environment Act 1987 to consider
submissions relating to Amendment C36 to the Moyne Planning
Scheme.
Terms of
Reference
The Inquiry Terms of Reference (See Appendix D) require the Inquiry
Panel:
i. To inquire into and make findings regarding the potential
environmental effects of the Shaw River Power Station Project,
including the construction and operation of the Power Station, the
high‐pressure gas pipeline and water pipeline and associated
infrastructure requirements.
ii. To consider the exhibited EES, all submissions received in response
to the exhibited EES as well as other relevant matters.
iii To recommend any modifications to the Shaw River Power Station
Project as well as environmental mitigation and management
measures that may be needed to achieve acceptable environmental
outcomes, within the context of applicable legislation and policy.
Hearings Directions hearing: 17 May 2010 at Port Fairy.
Hearings: 9‐11 June 2010 at Port Fairy;
15 June 2010 at Melbourne; and
17‐ 18 June 2010 at Warrnambool.
Inspections Accompanied inspections: 7 and 8 June 2010. These full day
inspections visited submitter properties and sensitive environmental
locations such as pipeline river and road crossings. The Panel also
made unaccompanied inspections of various parts of the project areas
and the Mortlake Power Station (under construction) during the course
of the hearing.
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SHAW RIVER POWER STATION PROJECT EES & MOYNE PLANNING SCHEME AMENDMENT C36 INQUIRY PANEL REPORT: JULY 2010
Hearing
Appearances
Department of Planning and Community Development represented
by Margo Kozicki, Ashley Stephens and Bart Gane.
Shaw River Power Station Pty Ltd and Wannon Water represented by
Tim Power and Anna Williams of Freehills who called evidence from:
Barton Napier of Coffey Environments – Environment,
infrastructure site and route selection.
Andrew Clark of Matrix – Planning scheme amendment, land use
and planning assessment.
Paul Carter of Arup – Traffic.
Nicole Sommerville of Sinclair Knight Mertz – Socio‐economic
Aaron Organ of Ecology Partners – Terrestrial and Aquatic
Ecology, Net Gain Offsets.
Robin Ormerod of PAEHolmes – Greenhouse gas, air quality, air
emissions and drinking water.
Chris Turnbull of Sonus – Noise.
John Shinkfield of AECOM – Visual.
Peter Wilson of Wannon Water – water allocation issues.
Mark Trickey of GHD – water technology / processes regarding
water infrastructure.
The following expert witnesses prepared and circulated statements
relating to water infrastructure but the Panel did not require them to be
called:
Barry Cook of GHD – air issues
V Pavasovic of GHD – noise issues.
Department of Primary Industries represented by Michelle Hendricks
and Terry McInley.
Morgan‐Payler Family represented by Barnaby Chessell, Barrister. Mr
Morgan‐Payler also addressed the Panel on the final day of hearing.
Environment Protection Authority represented by John Frame and Mr
Nancarrow.
Department of Sustainability and Environment represented by
Andrew Pritchard and Claire Tesselaar.
Moyne Shire represented by Russell Guest.
Corangamite Shire represented by Sophie Segafredo and Jileena
Baensch.
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SHAW RIVER POWER STATION PROJECT EES & MOYNE PLANNING SCHEME AMENDMENT C36 INQUIRY PANEL REPORT: JULY 2010
OVERALL CONCLUSIONS & CONSOLIDATED RECOMMENDATIONS
Overall Conclusions
The Panel’s overall findings based on the analysis in the EES, submissions
and expert evidence are set out below in terms of the EES assessment
objectives.
EES Assessment Objective: To provide for the development of base load and
intermediate load power generation capacities in the context of government
policy objectives to maintain a secure, efficient and affordable supply of
energy while reducing the intensity of greenhouse gas emissions from the
energy sector.
The Panel accepts the information and analysis provided that the project can
be regarded as best practice in terms of efficiency and minimising
environmental emissions. Firstly, the project represents an efficient siting
option, being west of Melbourne, on the 500kV grid, and comparatively close
to the Iona gas fields. Secondly, although greenhouse gas emissions will be
significant, the combination of the natural gas fuel and the technology
employed will result in substantially less greenhouse gas emissions per unit
of electricity produced than the current Victorian average and the alternative
of power generation from coal. This is consistent with State government
objectives and represents a major environmental benefit.
EES Assessment Objective: To avoid or minimise effects on species and
communities listed under the Flora and Fauna Guarantee Act 1988 to the
extent practicable, to avoid or minimise effects on other native species and
communities, and to comply with net gain requirements for biodiversity
outcomes.
The Panel accepts the EES assessment, evidence and submissions, including
from DSE, demonstrating that there has been a consistent objective to avoid
and minimise adverse impacts on native flora and fauna in site and route
selection, preferred pipeline construction techniques, the proposed design
and management plans. The need to comply with conditions of the Referral
under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC
Act) relating to pipeline construction has been acknowledged and there is a
commitment to offset losses that cannot be avoided.
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SHAW RIVER POWER STATION PROJECT EES & MOYNE PLANNING SCHEME AMENDMENT C36 INQUIRY PANEL REPORT: JULY 2010
Preliminary net gain assessments have been prepared but the difficulty in
meeting the Framework’s ‘like for like’ criterion for offsets of losses of native
vegetation of very high conservation significance has been identified. In the
absence of any specific information on the types of offsets being pursued by
the Proponent and therefore the relative conservation benefits associated
with different offset options, the Panel cannot give any guidance about
whether departures from ‘like for like’ requirements for very high
conservation value vegetation should be supported. This is a matter that
remains for determination by the Minister for Energy and Resources, under
the Pipelines Act 2005, but should be on the advice of the Minister for
Environment and Climate Change.
Although the native vegetation losses due to this project are relatively
limited, incremental losses contribute to more significant cumulative effects
and the Panel encourages DSE to work towards identifying strategic
opportunities for the provision of consolidated offsets.
Surveys of aquatic native vegetation at the proposed stream crossing sites
have not been undertaken and the Panel has recommended further targeted
surveys and offsetting of any losses in accordance with the Framework.
The EPBC Act Referral did not identify potential impacts from the project on
the Southern Bent‐wing Bat and evidence indicated that the bat is unlikely to
be adversely affected by the Power Station operation. However, given the
uncertainties about bat usage of the site and possible impacts, DSE sought a
monitoring regime. The Panel accepts that the principles of the monitoring
program put forward after the hearing should be implemented but notes that
responses if bat mortality is identified may well be in the form of
adjustments to lighting, or offsets in the form of improvements to bat habitat
elsewhere.
EES Assessment Objective: To protect catchment values, including surface
water quality, stream flow, aquatic health and groundwater values, to the
extent practicable.
Water quality in waterways may be impacted during construction of the gas
and water pipelines, the Power Station, the proposed upgrading of Riordans
Road, and during the operation of the Power Station. However, the Panel is
satisfied that risks to water quality can be mitigated through the design of
the stormwater management system for the Power Station site to maintain
the current discharge hydrology by maximising on‐site use and minimising
the volume of water discharged to Shaw River, together with the
implementation of best practice sedimentation and pollution control
measures during project construction and power station operation.
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SHAW RIVER POWER STATION PROJECT EES & MOYNE PLANNING SCHEME AMENDMENT C36 INQUIRY PANEL REPORT: JULY 2010
The Panel endorses the consensus view at the hearing that:
Horizontal Directional Drilling (HDD) is the preferred pipeline
construction method to avoid environmental impacts at sensitive
locations such as river crossings, subject to further geotechnical
investigation to determine the feasibility of this method;
Contingency plans should be in place prior to the commencement of
construction in the event that HDD proves unsuccessful; and
Specific measures for each watercourse crossing should be incorporated
in Construction EMPs.
EES Assessment Objective: To protect Aboriginal and non‐Aboriginal
cultural heritage to the extent practicable.
The EES has not identified any Aboriginal cultural heritage places.
However, there are unsurveyed areas affected by the project works that have
been identified as having high sensitivity and potential to contain Aboriginal
heritage places or artefacts. Other approvals must be consistent with an
approved Cultural Heritage Management Plan for the project under the
Aboriginal Cultural Heritage Act and this establishes an appropriate
framework to manage any issues that may arise.
There are no non‐aboriginal heritage places on the Heritage Register or
protected by heritage overlays but the Construction EMP should ensure
impacts on dry‐stone walls along the pipeline route, a bluestone drinking
trough and bluestone bridge and culvert are minimised. The Panel is of the
view that, like exemptions for removal of native vegetation along the water
pipelines, works affecting dry‐stone walls should also be exempt under
clause 52.03, subject to a requirement for the protection and re‐instatement
being included in the Construction EMP.
EES Assessment Objective: To avoid or minimise noise, visual and other
adverse amenity effects, as well as health and safety implications, on local
residents during the development and operation of the power station,
compressor station and gas and water pipelines.
There will be some impact on the amenity of properties in the vicinity of the
various elements of the project. Some transitory disruption and amenity
impacts during the construction phase are inevitable but can be minimised
through management plans and/or PEA works approvals, which address
matters such as compliance with specified noise limits, rehabilitation plans
and dust suppression.
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SHAW RIVER POWER STATION PROJECT EES & MOYNE PLANNING SCHEME AMENDMENT C36 INQUIRY PANEL REPORT: JULY 2010
During operations, the Panel concludes that:
noise from power station and compressor station operations will be
audible at the nearest houses but compliance with the recommended
limits can be achieved and this would mean normal residential activities
should not be disrupted, including during the night time period;
the Power Station will be a large structure that will be visually prominent
in the immediate area, particularly after the harvesting of adjoining
timber plantations. However, these visual impacts do not affect
landscapes of recognised significance and the outlook from the relatively
few residential properties affected is currently quite visually contained
due to the interception of views by either timber plantations or other
plantings around homesteads;
with regard to air emissions from the Power Station and compressor
station, ground level concentrations for all cases considered will be much
lower than the relevant health‐based ambient air design criteria in SEPP‐
AQM; rainwater would not be contaminated at any nearby residences;
and sealing of the main vehicle routes plus management to suppress dust
in other trafficked areas is recommended; and
there will be a minimal increase in odour from the Recycled Water
Treatment Plant.
The Panel considers that the impacts on amenity in the locality are acceptable
given the benefits to the wider community but, like wind energy facilities,
compliance with specified noise limits should be verified and properties
within three kilometres of the Power Station and compressor station should
be offered landscaping to screen views to the infrastructure. The Panel
considers, although a long term consideration, the community should be
assured that rehabilitation of the Power Station will occur after
decommissioning, preferably through a bond if the necessary administrative
framework can be established.
Preliminary HAZID analysis in the EES indicate that that safety impacts can
be appropriately managed through EMPs. It is understood that the design of
the project considers the risk of explosion to existing uses such as dwellings
but the Panel has questioned whether the risk to future dwellings, which in
some circumstances are as of right, has been addressed. The Panel
recommends further consideration of design specifications and/or the need
for an overlay to ensure safety risk is considered and addressed before
dwellings (or other sensitive uses) are built in the vicinity of the project. The
extent of such an overlay would be determined on the basis of risk and a
consultative process would be necessary to allow those who may be affected
to present their views. As the Power Station will be a Major Hazard Facility
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SHAW RIVER POWER STATION PROJECT EES & MOYNE PLANNING SCHEME AMENDMENT C36 INQUIRY PANEL REPORT: JULY 2010
ongoing training should be provided by the Proponent to ensure adequately
trained CFA and SES personnel are available locally to assist in emergency
situations.
EES Assessment Objective: To minimise the disruption of existing land uses,
infrastructure, traffic and local communities, including in relation to the
availability of housing and the potential need to upgrade infrastructure.
Project traffic will be directed to main roads with minimal use and impact on
the local road network. Riordans Road is proposed to be upgraded,
VicRoads approval will be required for over‐dimensional vehicle routes and
the Traffic Management Plan provides an appropriate mechanism to
minimise disruption, particularly during construction.
The project will provide a substantial stimulus to the local economy,
particularly during the construction and future maintenance phases, but will
also place substantial demands on the local labour market, community
services and housing. The strain on accommodation and services will be
compounded if construction of a number of the major infrastructure projects
proposed in the region occurs at once.
The Panel recognises there will be substantial challenges in meeting the
additional demand for housing while minimising adverse impacts on
affordable housing options for existing residents and accommodation
associated with tourism. A range of housing options are likely to be
required. The Panel does not think the strategic justification for as of right
development of construction camps (as proposed under Amendment C36)
has been established but it supports providing discretion for Council to
consider the merits of a construction camp on the Power Station site and
Santos land to the east of Old Dunmore Road if other options prove to be
insufficient.
The Panel endorses the EES view that early and ongoing consultation is
required with various stakeholders and service providers but emphasises
that there is an immediate need to advance strategic planning work beyond
the broad overview analysis in the EES Socio‐economic Impact Assessment
to identifying practical options that are capable of implementation within the
required timeframes. The sooner this work commences the better as delay
leads to more and more constraints on realisable responses. Therefore a
formal commitment to undertake or contribute to this work linked to
approval of Amendment C36 is preferable to the proposed SUZ2
requirements for the issue to be addressed at a later stage within the
Construction EMP. The socio‐economic impact assessment of the Mortlake
power station project, being undertaken by Moyne Shire Council should
provide useful insights for further project planning processes.
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SHAW RIVER POWER STATION PROJECT EES & MOYNE PLANNING SCHEME AMENDMENT C36 INQUIRY PANEL REPORT: JULY 2010
EES Assessment Objective: To provide a transparent framework with clear
accountability for managing environmental effects and risks associated with
the project to achieve acceptable outcomes.
Exhibition of the EES resulted in surprisingly few submissions for a project
of this scale – three submissions from property owners in the vicinity of the
project, one submission from a wind energy facility proponent in the region
and submissions from the proponents, and seven agencies that were
members of the technical reference group who responded to the Panel
invitation to submit. None of the submissions or material presented to the
Panel has suggested that the project should not proceed.
It was apparent from the presentations to the Panel that the EES Technical
Reference Group (TRG) has worked constructively to resolve most issues.
This is a credit to both the Proponent (and those working on its behalf) and
the regulatory agencies. This positive relationship provided a level of
confidence from those presenting at the hearing that outstanding matters or
issues that may yet arise should be capable of acceptable resolution. It will
continue to be important that those with responsibility for future approvals
have access to relevant expertise on technical matters such as noise, air
quality and protection of biodiversity values. The TRG and the Shire of
Moyne’s community liaison processes appear to have opened channels of
communication and these co‐operative working arrangements should be
maintained to facilitate project specific co‐ordination of approval processes
and monitoring of implementation.
Management plans provide the primary mechanism for managing safety and
environmental impacts from the project under the key pieces of legislation.
The Panel finds that the Strategic EMP in the EES establishes a sound
framework and basis for the development of more detailed Construction
EMPs, Operations EMPs and Safety Management Plans (SMPs). Compliance
testing by suitably qualified people at key stages is also recommended to
provide a level of certainty that commitments are met and to minimise the
need for future reactive enforcement actions.
The Panel has endorsed the purpose of Amendment C36 to facilitate the
implementation of the project (except for a possible construction camp) by
providing for as of right development of the Power Station with secondary
approval processes for more detailed plans. However, the Panel considers
SUZ2 should specify some key performance expectations, rather than just
indicating the scope of plans to be submitted. To provide greater certainty
about the basis for assessment of the subsequent Development Plan and
EMPs, SUZ2 should explicitly state that the EES and Ministers Assessment
establish the basis for subsequent approvals. Key parameters, such as
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SHAW RIVER POWER STATION PROJECT EES & MOYNE PLANNING SCHEME AMENDMENT C36 INQUIRY PANEL REPORT: JULY 2010
maximum noise levels, establishing the need for DSE approval of offsets for
any losses of native vegetation and provision for off‐site landscaping to
mitigate visual impacts, should be specified in the schedule. This provides
affected third parties with an avenue to pursue enforcement of compliance
with requirements that would not be available under other approvals.
The Panel considers that the SUZ2 should indicate that the Planning
Authority should have regard to the views of nominated agencies when the
Development Plan and EMP are assessed. This will recognise that review is
required by those with more specific expertise than is available to Council.
EES Assessment Objective: To enable outcomes consistent with ecologically
sustainable development over the short and long term, having regard to the
likely overall economic, social and environmental effects.
On the basis of the information presented, the Panel finds that the project
will result in a net benefit to the community. The EES has established that
there is a sound planning rationale for the project to generate power with
lower intensity of greenhouse gas emissions and provides a solid framework
for further development of the project plans to mitigate potential
environmental impacts.
The Panel sees strategic planning and co‐ordination of regulatory processes
on a sub‐regional level as important to achieve optimum outcomes from the
very substantial investment in the energy sector anticipated for the region.
DPCD would appear to be the appropriate agency to lead such a process
which should involve the range of stakeholders including local government,
public and private service/infrastructure providers, project proponents,
representatives of business organisations, and members of the community
affected by infrastructure projects. The Panel emphasises, however, that a
pragmatic approach with a strong focus on specific outcomes that can be
realised within the lead time of the projects will be vital.
Consolidated Recommendations
Based on the reasons set out in this Report, the Inquiry Panel recommends
that:
1. Ensure that construction of the gas and water pipelines is undertaken in accordance with the requirements of the Referral Decisions under
the EPBC Act.
2. Ensure the EMPs under the various approvals are consistent and are generally in accordance with the Strategic EMP and Environmental
Commitments exhibited with the EES, as varied by recommendations
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of this Panel and the Minister’s Assessment under the Environment
Effects Act.
3. The Proponent actively pursue the option of providing accommodation for power station and gas pipeline construction workers in towns or
other existing facilities.
4. DPI consult with the relevant Shire about the location and conditions that should apply if, despite this Panel’s recommendations, a
construction camp is proposed along the gas pipeline route for
construction workers.
5. Implement the following noise limits at the nearest residence in the EPA Works Approval and the EMPs for the Power Station and
compressor station:
operational noise:
34 dB(A) under worst case weather, (CONCAWE Category 6)
32 dB(A) under neutral weather (CONCAWE Category 4); and
construction noise:
55 dB(A) during the daytime (7am to 6pm);
37 dB(A) during the evening (6pm to 10pm); and
32 dB(A) at night (10pm to 7am).
6. Incorporate specific control measures for each watercourse crossing in Construction EMPs.
7. Manage acid sulphate soils found at the Curdies River in accordance with the requirements of the EPA and DSE policies and guidelines.
8. Design the stormwater management system for the Power Station site to implement best practice sedimentation and pollution control
measures to the satisfaction of EPA, and limit impacts to maintain the
current discharge volume hydrology to Shaw River.
9. Undertake targeted aquatic flora surveys once stream crossing points and techniques are confirmed, in order to identify the relevant EVCs
and prepare net gain assessments where required.
10. Ensure that site specific requirements are included in construction EMPs, including appropriate rehabilitation techniques and monitoring
measures for rehabilitation success, specific to terrestrial flora and
fauna identified through targeted surveys.
11. Manage the noise impacts of the construction of the gas and water pipelines under the EPA Noise Control Guidelines (Publication 1254:
October 2008, and in particular:
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Other than in unusual circumstances, the gas pipeline
construction activities should be restricted to 6am to 6pm, seven
days per week (noting lower noise threshold requirements for
activities conducted on Saturdays and Sundays). Early‐morning
activities from before 7am should be restricted to low‐noise
work, such as vehicle arrivals and toolbox meetings.
Water pipelines construction activities should be restricted to
7am to 6pm Monday to Friday, and 7pm to 1pm on Saturdays.
12. Inform residents of the nature of the works, expected noise levels, duration of works and a method of contact.
13. Monitor noise at the sensitive receptors nearest to the Power Station and compressor station under representative conditions during the
commissioning of each stage of the project to confirm compliance with
the criteria.
14. Make the results of any noise monitoring of the project and responses to noise complaints available to the community liaison forum. Ensure
Construction EMPs for the gas and water pipelines require:
Appropriate works to ensure rehabilitation to former condition;
Immediate post construction audits to confirm native vegetation
losses and offsets; and
Follow‐up audits at two years post construction, to confirm
actual native vegetation losses and revise offsets, if required.
15. Require a monitoring program broadly in line with that outlined in Appendix D to:
Assess the impact of water discharged from the Power Station.
Establish the occurrence of the Southern Bent‐wing Bat on the
Power Station site and the need for management or ‘offsetting’
measures if impacts from the Power Station are identified.
16. Ensure that, in addition to commitments in the EES, lighting:
Is the minimum required for access and safe operation of parts of
the facility that are actually in use;
Incorporates sensor activation; and
Is baffled to avoid light spill above the horizontal.
17. Review the design of the intersection of Riordans and Hamilton–Port Fairy Roads in consultation with VicRoads with a view to providing an
acceleration lane for fully laden B Double trucks turning left from
Riordans Road onto the Hamilton – Port Fairy Road.
18. Provide a sealed upgrade of Riordans Road from the Hamilton–Port Fairy Road intersection to:
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The entrance of the Power Station before development starts,
and internally for all roads regularly used by B double vehicles;
and
The entrance of the camp before development starts, if a
construction camp is proposed in the vicinity of the Power
Station.
19. Provide a free bus service, at the cost of the Proponent, for construction workers from locations identified in the accommodation strategy (eg
Warrnambool, Port Fairy and Mortlake) to the Power Station for the
duration of construction.
20. Review and address potential impacts of the concrete batching plant in the Traffic Management Plan.
21. Include requirements relating to decommissioning of the project in relevant project approvals.
22. Ensure Construction EMPs for the gas and water pipelines include measures to protect and re‐instate dry‐stone walls that may be impacted
by construction.
23. Ensure appropriate management of safety risks to future development associated with the project (Options to consider include both pipe
thickness specification in areas with potential for future development
and an overlay for land where risks associated with the proximity to the
project either preclude development or require specific design
measures).
24. Ensure the Proponent provides ongoing training to both the CFA and SES to enable effective responses to potential emergency situations.
25. Require independent compliance auditing and testing by suitably qualified people at relevant stages of the development process with
performance requirements of the following matters:
Air emissions.
Noise emissions.
Surface water management systems and the quality of water
discharged from project sites.
Impacts on native vegetation.
Post construction rehabilitation of pipeline easements.
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26. Maintain a Project Liaison and Monitoring Committee which:
Is led by the Shire of Moyne with active participation by the
Proponent and relevant agencies (including EPA, DPI, DSE);
Includes representation of nearby residents; and
Is resourced by the Proponent.
27. Establish a similar community liaison forum led by the Shire of Corangamite to operate during the construction and rehabilitation
phases of the gas pipeline and Compressor Station.
28. Include complaints handling processes in EMPs that adopt the principles outlined in Australian Standard Customer Satisfaction –
Guidelines for complaints handling in organizations (AS10002:2006).
29. Evaluate the merits of:
Requiring a bond to guarantee site rehabilitation after
decommissioning of project infrastructure.
Upgrading roads to provide better connections between the
Shaw River and Tarrone power station sites with the quarry to
the south east, and, if substantial benefits are identified, the
appropriate basis for contributions to such works.
The potential to upgrade the capacity of the water supply mains
to the Power station to meet the needs of the proposed Tarrone
Power Station and other users along the pipeline route.
Amendment C36
Based on the reasons set out in this Report, the Panel recommends that
Amendment C36 be adopted with the changes listed below:
30. Require the Proponent to enter into a Section 173 agreement before Amendment C36 is approved to the satisfaction of the DPCD and the
planning authorities to ensure early conduct of an accommodation and
community services strategy for the project.
SUZ2
31. Revise the table of the uses in the Schedule 2 to the SUZ to apply the existing Farming Zone table with the additional as of right uses in the
exhibited SUZ2 (except that construction camp would be a section 2
use).
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32. Revise the Schedule 2 to the SUZ and the Clause 52.03 incorporated document to require a permit for a temporary construction camp.
33. Revise the exemptions from permit requirements in Clause 3 of Schedule 2 to the SUZ for buildings and works as follows:
‘Rearrange, alter or renew existing plant if the location, area or
height of the plant is not increased.’
Delete the exemption ‘‘result in a minor rearrangement of on‐site
roads and access ways, car parking areas and landscaping
provided that their areas and effectiveness are not diminished.’
Are accommodation and temporary amenities provided for
persons constructing and commissioning any plant on the land.
34. Specify that the Development Plan and EMPs must address the principles, actions and commitments contained in the exhibited
Environment Effects Statement, including the Strategic EMP and
Environmental Commitments, except where they are specifically varied
in the Minister’s assessment of Environmental Effects and Panel Report
or by the conditions of other statutory approvals.
35. Specify that the Responsible Authority will have regard, as appropriate, to the views of relevant agencies (including DPI, EPA,
DSE, VicRoads, ESV, WorkSafe Victoria) when the Development Plan
and EMPs are considered.
36. Specify in the schedule the particular requirements recommended by this Panel, including:
Compliance with recommended noise limits.
Compliance with SEPP (Air Quality Management) and SEPP
(Waters of Victoria) design criteria and standards.
Matters identified in Chapter 6.2 recommendations relating to
Safety Management Plans.
A sealed upgrade of Riordans Road from the Hamilton – Port
Fairy Road intersection to the entrance of the Power Station
(before development starts) and internally for all roads regularly
used by B double vehicles.
Provision of sufficient parking at the Power Station to meet
requirements during construction phase and maintenance
periods.
Incorporation of management measures from the approved
Cultural Heritage Management Plan.
An ‘Off‐site Landscaping Plan’ to mitigate the visual impact.
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Site specific requirements in construction EMPs which include
appropriate rehabilitation techniques and monitoring measures
for both aquatic and terrestrial flora.
Southern Bent‐wing Bat monitoring on the Power Station site.
37. Require the Construction EMP and Operations EMP for the Power Station to include a Safety Management Plan prepared by a suitably
qualified person.
38. Provide for the responsible authority to have regard to the views of ESV in the Operations EMP.
39. Include a Development Plan requirement for an ‘Off‐site Landscaping Plan’ to mitigate the visual impact of the Power Station from dwellings
within 3km of the Power Station site. Where an offer is accepted, the
plan should:
Be prepared by the relevant landowner or the Proponent;
Incorporate the species to be used, timetable, and maintenance
arrangements;
Be implemented within 12 months of the endorsement (unless
otherwise agreed between the landowner and the Proponent);
and
Specify that all costs for design, implementation and
maintenance are to be the responsibility of the Proponent or
operator.
40. Apply a sunset provision to the SUZ2 to revive the previous Farming Zone if the Power Station use does not operate for a nominated time
(say five years).
41. In Clause 3 ‘Rearrange, alter or renew existing plant if the location, area or height of the plant is not increased.
Clause 52.03
42. Include the address of the land to the east of Old Dunmore Road in the table in the schedule to Clause 52.03 and attach the relevant maps to the
schedule to that Clause.
43. Revise the Clause 52.03 incorporated document to extend exemptions from permit requirements to alterations and removal of dry stone walls
along the water pipeline alignment.
44. Require a Construction EMP where exemptions from permit requirements are provided under Clause 52.03.
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OTHER RECOMMENDATIONS
45. Develop a strategy for and implement specific measures to ensure effective responses to the cumulative impacts of major energy projects
in the regions (Note: DPCD is suggested as the appropriate agency to
lead such a process).
46. Include cumulative impacts in the scoping requirements for future EES assessments or matters to be addressed in application documentation
for future major infrastructure projects.
47. Require the Proponent (and proponents for future infrastructure projects) to enter into a Section 173 agreement to the satisfaction of the
DPCD and the relevant planning authorities to contribute to the cost of
planning for and developing co‐ordinated responses to the various
major infrastructure projects in the region.
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1. Introduction
1.1 The Project
The project comprises:
A gas‐fired power station near the town of Orford;
A gas compressor station north‐west of Port Campbell;
A gas pipeline from Iona to Orford; and
Water supply infrastructure, including new recycled water treatment
plant (RWTP), and two water pipelines from Port Fairy to Orford (Figure
1).
The project responds to the forecast shortfall in generating capacity in the
National Electricity Market from 2012/13 by using eastern Australia gas
reserves to generate electricity at a lower intensity of greenhouse gas
emissions than coal fired power.
Figure 1 Locality Map (Source: EES Summary Report)
The gas fired power station is proposed on a 110 ha site approximately 27
km north of Port Fairy at the corner of Riordans and Old Dunmore Roads,
Orford. It will connect to the Victorian and national electricity grid via a
switchyard adjacent to the Moorabool–Portland 500‐kV overhead
transmission line which passes through the site. Surrounding land uses
include timber production and broad scale dryland farming. The site is well
removed from urban areas and the nearest houses are 1.6 km away.
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The Power Station development would occur in three stages as a baseload,
intermediate or peaking generator to ultimately provide a peak capacity of
1,500MW. The EES assessed the following options to provide flexibility to
develop the project in response to electricity market conditions:
1. Option 1 is to develop three combined‐cycle gas turbine stages (500MW
capacity each) resulting in a total capacity of 1,500MW. This Stage 1
option would principally be used for baseload generation but can be
deployed for intermediate generation; and
2. Option 2 is for Stage 1 to be developed as an open‐cycle gas turbine (255
to 312MW capacity) which may be converted to a 500MW combined‐cycle
gas turbine after either Stage 2 or Stage 3 is constructed. This Stage 1
option has the capacity to generate peak, intermediate or baseload
electricity from ‘cold starts’, and has the flexibility to be deployed in any
of these formats to respond to market conditions.
The EES assumes that each stage will be developed and brought into
operation before the next stage is commenced. However, witness statements
assessed an ‘alternative development scenario’ with a staggered construction
of Stages 1 and 2.
Figure 2 The Power Station Site (Source: EES Summary Report Figure 4)
The 2.4 ha Compressor Station site is approximately 5 km north of Port
Campbell and approximately 500m north of the intersection of Smokey Point
and Pascoes Roads. Infrastructure to be installed at the compressor station
comprises six 4.6MW gas‐fired turbines (compressor units) necessary for
operation of the Power Station at full capacity, inlet gas filtering equipment,
meters for pressure and flow control, gas quality monitoring equipment, a
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SHAW RIVER POWER STATION PROJECT EES & MOYNE PLANNING SCHEME AMENDMENT C36 INQUIRY PANEL REPORT: JULY 2010
scraper launcher and receiver station, a control building, amenities,
workshop and storage area. The compressor station site will be sealed or
covered with gravel.
Figure 3 Compressor Station Layout (Source: EES Figure 8.2)
A high‐pressure, underground Gas Pipeline of approximately 94 km is
proposed between the Iona and Otway gas plants near Port Campbell and
the proposed Power Station at Orford (see Figure 1). This new pipe would
connect to the South West Pipeline (east of Otway Gas Plant). The pipeline
alignment within the nominally 500m wide pipeline corridor1 has been
progressively refined. A 100 to 200 m wide strip centred on the conceptual
gas pipeline alignment was nominated for detailed investigations required to
inform the EES. Except for road and waterway crossings, the gas pipeline
alignment will generally be through private land which is predominantly flat
to gently undulating, cleared dryland pasture.
Wannon Water proposes to build, own and operate upgraded Water Supply
Infrastructure with the following components to supply water to the
proposed power station:
Use of recycled water for processing, to avoid reducing local drinking
water supplies. The process water supply will be either used directly in
the Power Station, or further treated for use in the steam cycle.
1 The corridor is wider at sites where there is potential need for realignment has been identified.
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New infrastructure at existing Wannon Water facilities in Port Fairy to
supply amenity (potable) water and up to 450 ML per annum of process
(recycled) water to the Power Station.
Two approximately 28‐km long pipelines in a shared trench to carry the
process and amenity water from Port Fairy to the Power Station.
At Port Fairy, the amenity water pipeline runs from the Port Fairy water
treatment plant to a proposed recycled water treatment plant(RWTP). The
proposed RWTP occupies less than 1 hectare of disused land in the northern
portion of the larger 35 ha Wannon Water site which is approximately two
kilometres northeast of the Port Fairy town centre. From the new RWTP, the
amenity and process water pipelines follow the water reclamation plant
access road to Hamilton–Port Fairy Road. The pipeline is then generally
aligned along Hamilton–Port Fairy and Old Dunmore Roads.
The Wannon Water site, including the RWTP and land directly surrounding
it, is zoned Public Use – Service and Utility. Land surrounding the site is
primarily used for agriculture, with low density housing further to the east.
Construction Camps
The EES indicates that the construction workforce may live in existing
accommodation in nearby towns and commute to the site in light vehicles
and buses or potentially could live within a temporary construction camp
established for the project near the power station site, along the pipeline
routes or in towns nearby. Amendment C36 provides for as of right
development of construction camps on the Power Station site, on land
immediately to the east of the Power Station or along the pipeline route.
1.2 Overarching Policy Context
Planning policy encourages development that makes efficient use of energy
and minimises greenhouse gas emissions (SPPF Clause 15.12‐1). It also
provides for delivery of high pressure pipeline infrastructure at minimal risk
to people and the environment (the Pipelines Act 1995, SPPF Clause 18.11).
While there is a predisposition in favour of projects that advance these broad
‘sector specific’ policies, the assessment of process must encompass and
integrate relevant environmental, social and economic factors. It is the
government expectation that planning decisions making will ‘balance
conflicting objectives in favour of net community benefit and sustainable
development.’ (SPPF Clause 11).
Specific policy guidance is referred to in subsequent chapters but it is not
proposed to restate in this report all of the relevant local and state planning
policies which are set out in the EES.
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1.3 Overview of Statutory Approvals Required
The complex regulatory framework for the project was the subject of some
discussion at the Hearing and the Panel returns to the regulatory
implications, where relevant, in our discussion of issues in subsequent
chapters of this report. Chapter 2 of the EES summarises the approvals,
licences, consents and permits required for the three main components of the
project. A copy of EES Table 2.1 which summarises key approvals and
assessments required is included in Appendix C of this report. The main
statutory approvals required for the project were summarised as:
The Power Station
Generation Licence and Connection Agreement under the Electricity
Industry Act 2000. These approvals take the EES stakeholder consultation
into consideration but do not rely upon the EES to inform the process.
Registration and Licence to Operate a Major Hazard Facility under the
Occupational Health and Safety Act 2004. A Safety Case must be prepared
and will be informed through the preparation of the EES.
Amendment C36 proposes to change approval requirements under the
Moyne Planning scheme (see discussion in Chapter 11.3).
Works Approval and licence to discharge under the Environment
Protection Act 1970 are triggered by the Power Station classification as a
Scheduled Premises under the Environment Protection (Scheduled Premises
and Exemptions) Regulations, the potential air emissions from the Power
Station, sewage treatment and the on‐site water treatment to upgrade the
process water.
The Gas Pipeline (including compressor station and a possible associated
construction camp)
Licence to Construct and Operate a Pipeline under the Pipelines Act 2005
(which sets aside planning scheme provisions that would otherwise
apply)2 which is administered by DPI and involves:
Permission to access private and public land.
Approval of a consultation plan by the Minister for Energy and
Resources (DPI) before giving notice of the intention to enter land
or notice of a pipeline corridor to landholders (approved for the
project in October 2008).
2 The consensus view at the hearing was that exemption from planning scheme provisions under the
Pipelines Act (s85) extends to the inlet metering station, compressor station and the midline valve as they form part of the pipeline system apparatus to convey the gas. It was suggested that this exemption would apply to a temporary camp for pipeline construction workers.
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Approved safety management plans for construction and for
operation which must be accepted by Energy Safe Victoria before
construction or operation of the gas pipeline commence.
Approved EMPs for construction and operations.
Written consent to operate a pipeline from the Minister for Energy
and Resources.
Works approval and licence to discharge under the Environment Protection
Act 1970 triggered by emissions of nitrogen oxides from the compressor
station.
A Connection Agreement under the Gas Industry Act 1997 from the
Australian Electricity Market Operator (AEMO).
The Water Supply Infrastructure and Pipelines
A licence under the Water Act 1989 to construct, alter, remove or abandon
works on a waterway through several waterways, including Ware Creek,
to meet the requirements of the local water authorities and DSE.
Works approval and licence to discharge under the Environment Protection
Act 1970 for the upgrade to the Port Fairy water reclamation plant.
Amendment C36 proposes to change approval requirements under the
Moyne Planning scheme (see discussion in Chapter 11.3).
Environmental Management Plans (EMPs)
Management plans provide the primary mechanism for managing safety and
environmental impacts from the project under the key pieces of legislation.
A detailed Strategic EMP was publicly exhibited with the EES (EES
Attachment 5) and its content will not be repeated in this report. Much of the
Strategic EMP content was also incorporated in the Environmental
Commitments in EES Attachment 4. The Strategic EMP addresses:
The legislative context and standards;
Environment, health and safety management systems which encompass
policy, planning, implementation, checking, corrective action and
management review;
Integrated risk assessment, including residual risks; and
Management guidelines relating to geology, soils and landforms;
hydrology, surface water and groundwater; ecology; air quality; noise;
visual impacts; traffic management; cultural heritage; land access; and the
management of waste and hazardous materials.
These plans will also draw on and form part of established systems for
matters such as environmental management and occupational health and
safety that already guide the actions of the Proponents.
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The Panel finds that the Strategic EMP establishes a sound framework and
basis for the development of more detailed Construction EMPs, Operations
EMPs and Safety Management Plans (SMPs).
1.4 EES Evaluation Objectives
The scoping requirements issued by DPCD specified the following
evaluation objectives to guide the evaluation of the project and the EES.
These objectives establish the basis for the Panel assessment. In summary,
the EES objectives relate to the efficient supply of energy and the intensity of
greenhouse gas emissions; impacts on biodiversity values; impacts on water
catchment values; Aboriginal and Non‐Aboriginal cultural heritage; health,
safety and amenity impacts; disruption to landuse and infrastructure; the
framework for managing environmental impacts; and the overall economic,
social and environmental effects.
These objectives are clearly relevant to the Panel’s evaluation of the project
and have determined the structure of this report.
1.5 Identification of Issues
For a project of the scale proposed there were few issues raised in
submissions to the Panel which provided a high degree of confidence that
outstanding matters were capable of resolution.
The remainder of this report is structured on the basis of the EES evaluation
Objectives. Some of the key issues addressed relate to:
the noise criteria to be adopted for the project and the assurances in the
regulatory framework proposed of compliance with the criteria;
the management of pipeline crossings of sensitive waterways, the efficacy
of Horizontal Directional Drilling (HDD) in these circumstances and the
need for contingency plans;
the nature of offsets for unavoidable losses of native vegetation;
the need for further assessment of aquatic ecological values;
the need to ensure the planning framework requires consideration of
safety along the gas pipeline when new development is proposed;
housing for workers, including whether construction camps should be
facilitated;
the cumulative impacts of multiple infrastructure projects in the region;
and
ensuring subsequent approval processes can draw on appropriate levels
of technical expertise.
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2. Power Generation: Efficiency, Affordability and Greenhouse Gas Emissions
EES Evaluation Objective: To provide for the development of base load and
intermediate load power generation capacities in the context of government policy
objectives to maintain a secure, efficient and affordable supply of energy while
reducing the intensity of greenhouse gas emissions from the energy sector.
2.1 Rationale for Additional Gas-fired Power Generation
The EES notes that reliance on gas‐fired generation to facilitate the transition
to low‐emissions technologies is emphasised in the Victorian Minister for
Energy and Resources’ statement, Energy for Victoria (NRE, 2002a):
Natural gas is widely seen as playing a significant role in providing a
secure energy supply source.
This is because natural gas: produces substantially lower greenhouse
emissions than brown coal technologies; is more competitive than current
renewable sources; and has sufficient flexibility to fuel large base load
and peaking plants as well as small‐scale distributed and high‐efficiency
generation.
The EES (Chapter 3) describes the rationale for the project, based on
opportunities in the gas and electricity markets, the forecast conditions that
create the need for additional electricity generation capacity, and specifically
in the case of Shaw River Power Station, the following:
Victorian electricity baseload generation is nearing peak capacity. The
EES notes that maximum demand under a medium‐growth scenario is
forecast to increase by an annual average rate of 2% for the winter period
and 2.4% for the summer period, over the 10 years to the end of 2018/19.
Forecast summer electricity supply‐demand shows that additional
generating capacity will be required in Victoria and South Australia from
start 2012/13, with the additional capacity initially required in South
Australia. The proposed Power Station, which is planned to commence
operation in late 2012 or early 2013, would contribute to meeting the
predicted shortfall in electricity supply;
while the proposed Power Station will contribute to greenhouse gas
emissions, the lower emissions intensity of natural gas and the proven
efficiency of combined‐cycle, gas‐turbine technology will reduce the
average greenhouse gas intensity of the Victorian electricity supply (See
EES Chapter 3.4);
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the proposed emissions trading scheme is evolving towards facilitation of
less carbon intensive power generation using gas as a transitional fuel;
reliable baseload capacity is needed in addition to more intermittent
supply from renewable energy technologies. Even with substantial
advances in renewable energy, investment in gas‐fired generation will be
required to compensate for reduced coal‐fired generation and to ensure a
secure and reliable baseload electricity supply. It is expected that carbon
prices under a functional Carbon Pollution Reduction Scheme (yet to be
proposed) will make it unlikely that new brown coal‐fired generating
plants will be built in the future without carbon capture and storage
capability;
responsible use of water resources through the use of recycled water and
low consumption technologies is now a state government priority; and
high efficiency equipment for the generation of electricity will be used.
2.2 Greenhouse Gas Emissions
2.2.1 Regulatory Framework and Policy Context
The Kyoto Protocol legally requires developed countries to reduce domestic
greenhouse gas emissions to the country’s internationally agreed target.
Australia’s national annual target is 108% of our 1990 emissions. Preliminary
estimates of Australia’s greenhouse gas emissions for 2007 over 2006 data
show an overall increase of 1.6% and greenhouse gas emissions from the
energy sector increased by 3%. This is within the Kyoto target of 108%, being
106% over 1990 levels (DCC 2008a). On a sectoral basis, greenhouse gas
emissions from the stationary power sector have increased by over 47% from
1990 to 2006.
The National Greenhouse and Energy Reporting Act 2007 establishes a
mandatory corporate reporting system for greenhouse gas emissions, energy
consumption and production.
SEPP (AQM) provides the framework for assessment of greenhouse gas
emissions and the Victorian Protocol for Environmental Management
Greenhouse Gas and Energy Efficiency in Industry (PEM) requires
implementation of best practice in greenhouse gas emissions and energy
consumption. Compliance with the SEPP (AQM) greenhouse gas emission
and energy efficiency reporting requirements is also required. Once in
operation, the Shaw River Power Station facility will be required to:
manage greenhouse gas emissions and energy consumption as part of
their integrated environmental management practices;
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SHAW RIVER POWER STATION PROJECT EES & MOYNE PLANNING SCHEME AMENDMENT C36 INQUIRY PANEL REPORT: JULY 2010
report to the Victorian EPA through its annual license holders report:
annual energy consumption; greenhouse gas emissions; and actions
implemented and to be implemented the following year; and
regularly review operations to identify opportunities to further reduce
energy use.
Environment and Resource Efficiency Plan (EREP) program requires large
users of energy and water, such as Shaw River Power Station3, to:
assess energy and water use, and waste generation;
develop an EREP that includes actions with a three year or better payback
to reduce energy, water and waste production; and
implement the actions in the approved EREP and report on progress.
The Proponent indicates it will employ commercially proven power
generation technology which will operate at efficiency beyond applicable
benchmarks in Australia (see EES Figure 4.1). The Proponent will be subject
to ongoing emissions and energy reporting commitments under NGER. In
this context it is the intention to apply for a five‐year exemption to the EREP
requirements, subject to approval of the Victorian EPA.
State Planning Policy (Clause 15.12 Energy Efficiency) seeks to encourage
land use and development that is consistent with the efficient use of energy
and the minimisation of greenhouse gas emissions.
2.2.2 EES Assessment - Greenhouse Emission Estimates
The EES greenhouse gas emission forecasts accounted for:
direct emissions from sources that are owned or controlled by the
reporting entity (Scope 1);
indirect emissions from the generation of energy products (eg. electricity,
steam/heat and reduction materials used for smelting) purchased by the
entity (Scope 2); and
other indirect emissions that are a consequence of entity activities but are
from sources not owned or controlled by that entity (Scope 3).
For the Power Station development the bulk of the annual operational Scope
1 emissions, 98.2%, is associated with combustion of natural gas in the Power
Station; the remainder is predominately associated with gas compressor
operation. It was considered Scope 3 emissions contribute approximately
3 Shaw River Power Station will be required to participate in the EREP program as it will use more
than 100TJ of energy per year.
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10.2% to annual operational greenhouse gas estimates; Scope 3 emissions
being predominately associated with the supply of natural gas.
The EES indicated construction greenhouse gas emissions contributes a very
small fraction of the entire project emissions over a forecast 25‐year lifespan.
Greenhouse Intensity of Electricity Generation
The EES indicates that each unit of energy provided by the combustion of
natural gas results in less greenhouse gas emissions in comparison with
other fossil fuels, particularly coal. In Victoria most electricity is supplied at
present by brown coal fuelled generation which, due to high moisture
content, has particularly high greenhouse gas emissions per unit of usable
energy released.
Combined cycle gas turbines have significantly higher thermal efficiencies
than the current fleet of power generators in Australia. The electricity
generated by Shaw River Power Station will produce significantly less
greenhouse gas emissions per unit of generation than current Australian and
Victorian averages.
The emissions intensity of electricity generated by the proposed Power
Station will increase if Option 2 is selected, as the open cycle gas turbine does
not employ cogeneration. The emissions intensity of the open cycle gas
turbine and combined cycle gas turbines are both lower than those detailed
for relevant Australian Best Available Technology benchmarks. The overall
emissions intensity of the Power Station can be decreased by converting the
open cycle gas turbine to combined cycle as soon as possible.
Comparisons with Best Available Technology standards sourced from the
Australian Greenhouse Office (now Department of Climate Change DCC),
provides a useful Australian benchmark for greenhouse intensity (i.e., kg
CO2‐e/MWh sent out) in electricity generation, based on the most efficient
currently available equipment for each fuel and generation type. This
comparison indicates that Shaw River Power Station is approximately:
57% less greenhouse intensive than wet cooled black coal fuelled ultra
supercritical boiler;
68% less greenhouse intensive than wet cooled brown coal fuelled ultra
supercritical boiler;
40% less greenhouse intensive than a natural gas fired open cycle gas
turbine; and
6% less greenhouse intensive than benchmark natural gas fuelled
combined cycle gas turbine with wet cooling.
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The Figure below shows the Australian benchmarks for various fuels and
technologies compared with the forecast performance of the project and the
current Victorian average. The EES Greenhouse Gas Assessment (Appendix
7) concluded that the proposed Power Station will be up to 70% less
greenhouse intensive (kg CO2‐e per megawatt‐hour sent out) than the current
Victorian power production average. This fits with Victorian Government
policy that seeks an orderly transition to low‐emissions technologies to assist
Victoria to reduce emissions from the stationary energy sector.
The thermal efficiency of a power station describes the quantity of electricity
generated per unit of energy input in the form of fuel. There is a direct link
between efficiency and greenhouse intensity. Figure 4.2 shows the thermal
efficiency of the proposed Power Station, in comparisons against Best
Available Technology standards for power generators4.
4 Sourced from Technical Guidelines: Generator Efficiency Standards published by the Australian
Greenhouse Office (AGO 2006).
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Impact of Shaw River Power Station
Currently the carbon intensity of electricity generation in Victoria is 1220 kg
CO2‐e/MWhr (carbon dioxide equivalents per Megawatt hour)(DCC 2008c).
Victoria’s carbon intensity is the highest of all the states, and can be
attributed to the extensive use of brown coal.
Despite being a significant direct emitter of greenhouse emissions, operation
of the proposed Power Station will cause an overall reduction in greenhouse
emissions intensity associated with electricity supply in Victoria. Every
Megawatt hour (MWhr) of electricity generated by the proposed Power
Station at 342 kg CO2‐e/MWhr will reduce the average intensity of the
current Victorian generation supply.
2.2.3 Submissions and Proponent Response
The Corangamite Shire submission noted that the project would lead to
increased greenhouse gas emissions estimated between 3‐4 million t CO2‐e
annually.
In response Mr Ormerod noted that:
The development is part of a long‐term and state‐wide process of
progressively meeting new electrical demand by installing lower
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carbon intensity generation capacity, and building the basis for
the replacement of aged and inefficient power stations that have
very high carbon intensity.
The EPA submission noted that further technical details will need to be
provided to adequately assess whether or not the requirements of the PEM
are met. The EPA’s written submission identified requirements in relation to
efficiency and green house gas emissions as follows:
The Greenhouse PEM requires identification and implementation of best
practice with respect to greenhouse gas emissions and energy
consumption for Victorian businesses subject to EPA works approvals
and licensing. Exactly what constitutes best practice will depend on
technical, logistical and financial considerations that need to be
demonstrated by the Proponent. Under the PEM, Works Approval
applicants need to demonstrate that they have identified and will be
implementing best practice in relation to energy use and greenhouse gas
emissions associated with works/activities/processes that are the subject
of the application.
Further technical and logistical consideration of measures to
minimize, sequester and/or offset greenhouse gas (‘GHG’)
emissions will be needed to assess the practicability of different
technologies and practices.
The Proponent has indicated that the proposal will have greenhouse
benefits, as the use of gas to fuel electricity generation is less greenhouse
intensive than energy from coal fired sources.
In relation to energy use related greenhouse gas emissions, Shaw River
will be required to comply with the requirements of the PEM and
demonstrate that its equipment choice meets the best practice
requirements of the PEM. Information confirming that the specific
process and options proposed are best practice in terms of energy
efficiency and GHG emissions will be required. It is noted in
particular that the proposal to construct the open cycle plant will not
constitute best practice for energy efficiency or GHG emissions, though
there may be mitigating factors such as required response times that can
be taken into account.
Ancillary plant items such as motors and drives, lighting, compressed air
systems, etc will also need to be addressed in terms of best practice
energy efficiency. The intention that energy efficiency be included as a
design criterion for equipment selection is noted.
At the hearing it was noted that the above EPA view about the project
included significant qualifications (as indicated by the added emphasis) but
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Mr Frame confirmed that, based on the information provided to the EPA, the
Power Station as proposed is best practice. He further confirmed that as a
part of the detailed review of the Licence application the EPA would be
carefully reviewing the information provided to ensure that the power plant
when constructed would be best practice in terms of efficiency and
environmental impacts.
2.2.4 Discussion and Conclusions
EPA’s comments regarding open cycle plants not necessarily meeting best
practice are noted by the Panel, but it is also noted that the project proposes
staged implementation to meet market demand and the conversion from
open cycle plant to closed cycle over time.
The Panel accepts the information and analysis provided in the EES, the
expert evidence of Mr Ormerod and the submission from EPA that the
project can be regarded as best practice and therefore satisfies the
requirements of the PEM.
The proposed power station will be a significant emitter of greenhouse gases
when operational. However, the combination of the natural gas fuel and the
technology employed will result in the generation of electricity with
substantially less greenhouse gas emissions per unit of electricity produced
than the current Victorian average. This is consistent with state government
objectives and represents a major environmental benefit.
2.3 The Power Station Site Selection and Design Efficiency
2.3.1 EES Assessment - Power Station Site Selection5 and Design Efficiency
The majority of baseload electricity is generated in the Latrobe Valley’s
brown coal‐fired power stations in eastern Victoria. The EES notes that
considerable line losses are incurred in transmitting electricity to the west of
Melbourne and a baseload power station in western Victoria would reduce
line losses and improve electricity grid integrity.
The location of the proposed power station was governed by two key factors
– access to a natural gas supply and proximity to the Victorian electricity
grid. These factors are important from a project‐cost perspective to reduce
the cost of gas and electricity transmission infrastructure required to connect
the Power Station to its fuel supply and to the National Electricity Market.
5 EES Chapter 6
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Lower fuel supply costs and reduced transmission losses increase the cost‐
effective electricity generation and the competitiveness of the Power Station
in the National Electricity Market.
Western Victoria was found to be the most desirable location for the
proposed power station due to its proximity to the Otway Basin natural gas
reserves and the Victorian Principal Transmission System at Iona Gas Plant
and its strategic position with respect to electricity grid performance.
The Power Station site selection process identified an area of interest
extending from Derrinallum to Heywood and 5 km either side of the
Moorabool–Portland 500‐kV overhead transmission line. Developing the
Power Station near the existing electricity transmission line would reduce or
negate the need to construct overhead transmission lines, thereby reducing
land use and amenity impacts. Proximity to the Iona Gas Plant and existing
gas pipelines would reduce gas pipeline length and provide opportunities to
utilise existing infrastructure or existing infrastructure corridors.
A constraints analysis using a geographic information system was
undertaken to identify areas of least constraint for the proposed power
station site, compressor station site and gas pipeline route. Each site was
evaluated and rated against potential constraints to development as set out
below to identify most suitable sites for the proposed development. Eleven
sites were initially identified for consideration of which five sites were
further evaluated in more detail in relation to the following criteria:
site altitude;
site electricity supply;
site topography and inferred geotechnical conditions;
electricity grid connection; and
access to a reliable water supply to meet the requirements.
Based on a review of site constraints of the final two sites, the Shaw River site
was chosen.
Mr Power advised that the development of the Power Station is proposed to
be undertaken in three stages of nominal 500MW to a peak capacity of
1,500MW, with timing and output determined by electricity and gas market
prices. Mr Napier advised that combined‐cycle technology, involving a gas
turbine and a separate steam turbine in series on a single shaft driving a
single electricity generator is the most efficient method of generating
electricity from gas. However, depending on the conditions of the National
Electricity Market when the plant is constructed, the Proponent may
construct two stages at once with one stage being an open cycle F‐class gas
turbine unit. While the open cycle is slightly less efficient than a combined
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cycle it is more readily able to be used for peak power generation. Gas
consumption differences between combined and open cycle were estimated
by PAEHolmes for the Proponent at less than 2%6. Mr Napier advised that
as the market matures it is anticipated that the open cycle turbine would be
converted to a combined cycle unit and the Shaw River Power Station would
be operated as a base load power station.
2.3.2 Discussion and Conclusions
The Panel acknowledges that the proposed power station location is an
efficient siting option, being west of Melbourne, on the 500kV grid, and
comparatively close to the Iona gas fields. It also notes that the proposed
power station location, in an area with limited environmental constraints and
low population densities has resulted in few critical objections from either
local residents or agencies responsible for regulating the development. The
Panel notes in Chapter 10 however, that these same characteristics have
attracted a number of energy generation projects along the transmission line
corridor and it is suggested that strategic planning for the region should
address access to this important infrastructure.
Based on the information presented to the Panel, in particular the submission
by the EPA in terms of further requirements in terms of efficiency and green
house gas design requirements (see Chapter 2.2) the Panel accepts that the
Power Station will be designed to a high level of efficiency and to minimise
environmental emissions.
2.4 The Gas Pipeline Design and Route Options
2.4.1 Regulatory Framework and Policy Context
The Pipelines Act 2005 provides a specific regulatory regime for the gas
pipeline which accords substantial authority to the Minster for Energy and
Resources in determining pipeline routes and sets aside planning scheme
provisions that would otherwise apply to the pipeline development and
operation. State planning policy (Clause 18.11) identifies strategies for the
delivery of high pressure pipeline infrastructure at minimal risk to people
and the environment which include:
Existing transmission‐pressure gas pipelines should be recognised in
planning schemes and protected from further encroachment by residential
development or other sensitive land uses, unless suitable additional
protection of pipelines is provided.
6 Appendix 8.
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The siting of new pipelines should be planned along routes with adequate
buffers to residences, zoned residential land and other sensitive land uses
and with minimal impacts on waterways, wetlands, flora and fauna,
erosion prone areas and other environmentally sensitive sites.
2.4.2 The EES Assessment - Gas Pipeline
The EES identified three gas pipeline routes for further investigation: a route
to the north of the SEA Gas and Western pipelines, a route to the south of
those pipelines and a route along those pipelines. A drive‐by inspection and
an aerial reconnaissance by helicopter were carried out to verify the mapping
information used to identify the gas pipeline route options, to determine the
feasibility of the routes and to refine the proposed gas pipeline route.
The EES stated that community concerns about the proliferation of gas
pipelines in western Victoria were a major consideration in the evaluation of
gas supply options. Options using existing gas pipeline easements were
explored but rejected due to legal and commercial issues, and the
arrangement of the gas pipelines in the easements. The northern gas pipeline
route was found to be the most favourable route as it minimised pinch points
and engineering constraints and reduced the potential for impacts on land
use and ecology.
Geographic information system data, high‐resolution satellite imagery and
site inspections were used to design the conceptual gas pipeline alignment.
A 100‐200 m wide corridor centred on the conceptual gas pipeline alignment
was nominated for detailed geotechnical, ecological, and cultural heritage
investigations required to inform the EES. The conceptual alignment was
progressively refined to address landowner concerns and issues identified in
the detailed investigations. Additional studies have been undertaken to
assess the potential environmental impacts of the realignments incorporated
in the latest version of the proposed gas pipeline alignment.
2.4.3 Submissions and Proponent Response
Geoff Saffin, who is a landholder along the proposed gas pipeline route,
raised concerns about the route of the pipeline and in particular why the
pipeline is not proposed to be constructed in easements for other existing gas
pipelines. He noted that previous pipeline easements were of a similar
width to enable the installation of a second pipe if required and requested
that the Proponent be required to construct the gas pipeline in the existing
easement across his property.
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Mr Napier responded that a separate easement was sought because the
existing easements could not be used for commercial and technical reasons.
He advised that the width of easements was in part provided to allow
duplication of an existing main, in the event that it was required to be
decommissioned due to technical issues. He further advised that the route
chosen had been kept as straight as possible and where feasible was parallel
and immediately adjacent to other pipeline easements. Mr Napier spent
some time explaining the rationale for various deviations from existing
easements both at the hearing and during the site inspection. In general
these were related to avoiding significant flora and fauna and to avoid pinch
points where the construction of the pipeline would be constrained due to
other infrastructure. Ms Hendricks for the DPI confirmed that in Victoria
most pipelines are in separate easements, apart from adjacent to major gas
plants.
Mr Saffin also raised a concern that the gas pipeline alignment can deviate
within the 500 m wide pipeline corridor. Mr Napier responded that the
Proponent has spent considerable time working with landowners and
specialists to ensure that the current pipe centreline is acceptable, the most
appropriate and achievable. He advised that only unforseen circumstances
would cause it to make minor adjustments to the alignment currently
proposed. Further Mr Power highlighted that any modification made to the
Gas Pipeline alignment between preparation of the EES and when the
pipeline licence is issued, is at the discretion of the Minister for Energy &
Resources. He submitted that:
‘… the same principles underpinning the assessment of the Gas Pipeline
in the EES will continue to be applied to any modifications that are made
to the alignment between now and when the licence is issued.
The second reason we say there is no concern about such matters is that
the Pipelines Act 2005 contains a number of environmental ‘checks and
balances’ to address the environmental impacts of gas pipelines in
Victoria. These checks and balances are much more sophisticated than
what one typically encounters in the planning system.’
Ms Hendricks confirmed that the DPI is currently considering Mr Saffin’s
submission in relation to the pipeline route across his property.
The Panel noted that a number of submitters discussed the use of HDD for
constructing the pipeline under sensitive areas, particularly in the case of
river crossings. The Panel heard from Ms Hendricks of the DPI that while
the use of HDD appears an ideal solution in relation to passing under
sensitive areas it can result in increased environmental issues if the drilling
results in leakage from the drill hole ‘Frac‐out’. Ms Hendricks advised that
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SHAW RIVER POWER STATION PROJECT EES & MOYNE PLANNING SCHEME AMENDMENT C36 INQUIRY PANEL REPORT: JULY 2010
HDD should not be mandated for any site. It was Ms Hendricks’ submission
that where technically feasible HDD should be considered, however this
should only be undertaken following detailed site geotechnical
investigations. She further opined that for all sites the Proponent should be
required to develop an alternative pipe crossing method which could be
used if frac‐out occurred. Mr Napier for the Proponent confirmed that for all
proposed HDD sites an alternative crossing method would be developed
prior to the commencement of construction. He further confirmed that HDD
would only be used where a detailed site investigation indicated its
feasibility and that any alternative crossing method would be approved by
the relevant authorities prior to commencing construction.
2.4.4 Discussion and Conclusions
As described by Mr Napier, the gas pipeline route is, subject to various
constraints, generally straight in order to provide for the most cost‐efficient
construction and the final diameter and operating pressure are to be
optimised by modelling during the detailed design phase.
The Panel notes that there was only one private submission in relation to the
approximately 100 km gas pipeline route and that the Proponent referred to
various negotiated amendments to the proposed route to meet landholder
requirements. Apart from the issue of route selection, there were no issues
raised in relation to the efficiency or affordability of the gas pipeline.
The Panel noted the concern raised by Mr Saffin about the location of the
pipeline route through his property and the potential for deviations from the
current proposed alignment within a broad corridor. The Panel accepts
advice from the Proponent and DPI that the alignment adopted through Mr
Saffin’s property was adjusted to move the pipeline route to the north of his
property in order to minimise impacts but further changes would have
consequences for the acceptability of other parts of the route, such as the
horse property to the west. It is noted that the route proposed in the EES is
considered to be close to the final alignment and Ms Hendricks of the DPI
advised that any deviations from the pipeline alignment presented in the EES
would require review and approval by the DPI. The Panel is satisfied that
any changes to the alignment which arise at the detailed design stage will be
reviewed by the DPI to ensure that environmental and landholders concerns
are addressed.
The Panel is of the opinion that at this stage of the design, the Proponent has
balanced land owner preferences and the various environmental and
infrastructure constraints to optimise the route of the pipeline.
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The Panel is satisfied that the Proponent has identified the most appropriate
method of crossing each river, etc in the EES and accepts that the use of HDD
at the sites nominated should only be undertaken following detailed site
geotechnical investigations. It is noted that the Proponent has committed to
preparing alternative crossing method designs to the approval of the relevant
authorities for all HDD sites and that the alternative crossing method will not
be undertaken without the approval of the relevant authorities.
2.5 Compressor Station Design and Site Selection
2.5.1 EES Assessment - Compressor Station Site Selection and Design
Compressor station site selection was informed by the relevant site
constraints criteria and gas pipeline design requirements. Hydraulic
modelling of the proposed gas pipeline nominated 7 km as the maximum
distance the compressor station should be located from the start of the
pipeline. The Port Campbell Creek valley, with its steep side slopes, limited
potential sites to either:
adjacent to the Iona and Otway gas plants, which was rejected due to
landuse constraints; or
several sites in the vicinity of Smokey Point Road with access being a key
factor in the selection of the proposed compressor station site.
2.5.2 Submissions and Proponent Response
The EPA noted the installation of equipment that operates to ‘best practice’
standards is required for both greenhouse gas and air emissions i.e. Low NOx
burners and high efficiency motors. Mr Napier confirmed that low NOx
burners and high efficiency motors are to be used at the compressor station.
Mr Power also noted the EMP requirements under the Pipeline Regulations
2007 to include systems, practices and procedures to ensure that adverse
environmental impacts and risks are eliminated or minimised so far as is
reasonably practicable.
2.5.3 Discussion and Conclusions
The Panel is satisfied that the Compressor Station site selection process was
sound. The site’s location relative to other infrastructure meets a
fundamental functional requirement and in a sparsely settled rural area,
reduces the potential for adverse impacts on sensitive residential uses.
The Panel accepts that the Proponent’s commitments, together with the
review of the more detailed designs by the EPA as part of the Works
Approval and Licence to Discharge processes and the DPI, under the
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Pipelines Act application will ensure that the compressor station will be
constructed to minimise emissions and to achieve a high level of efficiency.
2.6 Water Supply Infrastructure
2.6.1 EES Assessment and Evidence– Water Supply Infrastructure Design
Prior to evaluating the potential power station sites in detail, the power
station Proponent discussed water supply and wastewater disposal options
with Wannon Water, who advised that:
the region was supplied with water from the Gellibrand River and the
Dilwyn Aquifer. The Gellibrand River supplies the Warrnambool,
Mortlake, Terang, Camperdown and Derrinallum areas. The Dilwyn
Aquifer supplies Port Fairy and Heywood;
there is capacity to supply potable water to the proposed power station
from the Camperdown, Warrnambool and Port Fairy water treatment
plants;
groundwater resources in the Mortlake area were already allocated;
an alternative supply using treated wastewater was identified which
involved the supply of recycled water from the Warrnambool or Port
Fairy water reclamation plants7 which currently discharges to the ocean;
and
wastewater, principally brine concentrate, from the proposed power
station could be accepted at the Warrnambool water reclamation plant.
Investigations indicated a pipeline was more efficient than transporting
water by road to the Power Station, whereas road transport of brine
concentrate was found to be the more economic option.
The water pipeline route is relatively straight and is generally constructed in
easements on private farm land abutting the Hamilton – Port Fairy Road
reserve to minimise the impact on native vegetation.
7 The Camperdown water reclamation plant had the capacity to supply the required volume and
quality of water but recycled water was currently allocated for irrigation purposes.
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2.6.2 Submissions
Mr Wilson of Wannon Water advised the Panel that:
the use of treated waste water from the Port Fairy WWTP would reduce
the volume of class B treated water discharged to ocean by approximately
half. No other potential use was identified due to the salt content;
the existing ground water supply for Port Fairy has more than adequate
capacity to supply the utility water required at the Power Station as it was
equivalent to only 5 houses; and
should supply from the WWTP be temporarily interrupted, the existing
water supply bores have adequate capacity to meet both the urban and
power station requirements for a number of days.
There were no other submissions in relation to the efficiency of the proposed
water supply to the Power Station nor the disposal of brine to the
Warrnambool Water Reclamation Plant.
2.6.3 Discussion and Conclusions
The Panel is satisfied that the water supply to the Power Station is an
efficient and environmentally appropriate solution and that the proposed
route both minimises the distance and potential impacts on valuable flora
and fauna. The Panel notes that the volume of brine proposed to be tankered
to the Warrnambool WRP is less than 0.5% of the volume of waste water
received and would therefore have negligible impact on the operation of the
plant.
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3. Protection of Catchment Values
EES Evaluation Objective: To protect catchment values, including surface water
quality, stream flow, aquatic health and groundwater values, to the extent
practicable.
3.1 Surface Water, Hydrology and Water Quality
3.1.1 Regulatory Framework and Policy Context
The following legislation, policy and guidelines are relevant to the protection
of surface water environmental values during the construction and operation
of the project:
The Water Act 1989 has purposes to allocate, conserve and manage
surface water and groundwater throughout Victoria. In the project area,
Southern Rural Water manages licences for surface water extraction and
implements regulations and policies under this Act.
Under the Catchment and Land Protection Act 199 catchment
management authorities are responsible for the licensing and regulation
of works on designated waterways and for floodplain and drainage
management.
Australian and New Zealand Guidelines for Fresh and Marine Water
Quality 2000 (ANZECC guidelines) (ANZECC/ARMCANZ, 2000).
Under SPPF Clause 15.01-2, Planning and responsible authorities should ensure proposals minimise nutrient contributions to waterways and
water bodies consistent with the SEPP (Waters of Victoria), the Victorian
Nutrient Management Strategy (Government of Victoria 1995) and the
Urban Stormwater Best Practice Environmental Management Guidelines
(CSIRO 1999). Responsible authorities should use appropriate measures
to restrict sediment discharges from construction sites in accordance with
EPA Guidelines8.
Under the Environment Protection Act 1970, the SEPP (Waters of
Victoria)9 sets a statutory framework for the protection of uses and values
of Victoria’s fresh and marine water environments. The policy identifies
8 Construction Techniques for Sediment Pollution Control (EPA 1991), Environmental Guidelines for
Major Construction Sites (EPA 1996 - Publication 480) and Doing it Right on Subdivisions: Temporary Environment Protection Measures for Subdivision Construction Sites (EPA 2004 - Publication 960)
9 State Environment Protection Policy (Waters of Victoria) No S107 (SEPP (Waters of Victoria)) (Victorian Government, 2003.)
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beneficial uses of watercourses and establishes environmental quality
objectives to ensure the protection of these uses. The policy objectives are
regionally specific and specify levels of nutrients, water quality
parameters and biological parameters for particular beneficial uses.
A range of generic policies and guidelines10 relevant to the protection of
surface water in the project area will apply, in particular during the
construction phase.
The beneficial uses listed in the SEPP for the two segments in which Shaw
River Power Station Project is located are:
aquatic ecosystems that are slightly to moderately modify; and
water suitable for: primary and secondary contact recreation, aesthetic
enjoyment, indigenous and non‐indigenous cultural and spiritual values,
agriculture (stock watering), irrigation and aquaculture industrial and
commercial use.
Human consumption of surface waters (potable water) is not a beneficial use
for this area unless suitably treated.
3.1.2 EES Assessment and Evidence - Potential Impacts on Surface Waters
Potential Impacts of Pipeline Construction on Surface Waters
The EES includes three separate assessments relating to surface water,
hydrology and water quality undertaken for the project (see Appendices 2, 6
and 27) which are summarized in EES Chapter 10.
Project activities, particularly the construction of the pipelines through
watercourses, have the potential to impact adversely on surface water
environments due to disruption of stream flow or reduction in water quality.
The proposed gas pipeline alignment crosses four rivers and many smaller
streams and channels. Minor creeks and streams east of the Hopkins River
tend to be typified by well‐defined, V‐shaped valleys, due to the undulating
nature of the landscape whereas to the west of the Hopkins River they are
typically shallow depressions with no distinct channels that collect surface
runoff from the plains.
10 For example: Code of Environmental Practice – Onshore Pipelines (APIA, 2009), Draft Strategy
for Coastal Acid Sulphate Soils in Victoria June, 2008 (DSE), Acid Sulphate Soil and Rock Publication Number 655. August, 1999 (EPA Victoria), Industrial Waste Management Policy (Waste Acid Sulphate Soils) No S-125 August 1999 (EPA Victoria), Bunding Guidelines (EPA Publication No. 347) (EPA, 1992), Guidelines for Stabilising Waterways – Standing Committee on Rivers and Catchments (Working Group on Waterway Management, 1991), Technical Guidelines for Waterway Management (DSE 2007c).
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The largest watercourse crossed by the proposed water pipeline alignment is
Ware Creek, which is a minor creek and intermittent in nature. The water
pipelines alignment intersects 16 other smaller ephemeral watercourses and
one small dam. Frequent localised flooding occurs during winter,
particularly in lower areas in the southern portion of the water pipelines
alignment.
The EES notes that there is the possibility of acid sulphate soils in the Curdies
River area, and indicates that if found, these will be managed in accordance
with EPA and DSE requirements.
The EES outlines two methods proposed for crossing watercourses during
pipeline construction:
Open cut methods which involve excavating a trench through the
watercourse, laying the pipeline and then backfilling the trench. If the
watercourse is flowing at the time of construction, partial or complete
diversion is required. Open cut methods typically result in hydrological
and water quality impacts, as well as in‐stream habitat and bank stability
impacts, when it is undertaken in flowing water. It is the preferred
technique for crossing ephemeral watercourses, where construction can
occur during low or no‐flow periods.; and
Horizontal directional drilling (HDD) which involves drilling a hole at a
shallow angle under the watercourse with a specialised drilling rig. The
pipeline is then pulled through the hole. HDD avoids disruption of
surface water flow but presents other risks, including HDD failure (e.g.,
collapse of the borehole due to geological conditions), with subsequent
water quality impacts, such as streambed collapse. HDD also requires a
large area for the drill entry and exit pads and is a moderately water‐
intensive activity. HDD is generally the preferred crossing technique for
perennial watercourses and watercourses with sensitive environments.
The Proponent indicated that the final crossing technique will be determined
during the detailed design phase, following consideration of a number of
site‐specific factors, including safety, risk, hydrology, stream substrate and
geology, environmental sensitivities and engineering feasibility, as well as
consultation with the catchment management authorities.
Without appropriate controls, hydrological impacts and increased
sedimentation or water quality impacts could occur during construction of
the Power Station and pipelines watercourse crossings. A Strategic EMP,
together with generic mitigation and management measures have been
proposed. These will form the basis of more specific measures for each
watercourse crossing to be incorporated in Construction EMPs. It is also
proposed that the Construction EMPs will include contingency measures to
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enhance erosion and sediment controls, or halt works in sensitive
environments, when heavy rainfall or natural flood events are forecast.
Potential Impacts on Surface Waters – Power Station and Environs
The proposed power station site is within the Shaw River catchment, a
relatively small catchment with an area of 117 km2. The Shaw River is a
narrow, ephemeral waterway that has a mixture of substrate types and a
diversity of isolated pools along its length during summer. Threatened
aquatic species historically found in the Shaw River include the nationally
listed Yarra Pygmy Perch and Dwarf Galaxias (see Chapter 4.3).
Drainage at the Power Station site does not follow defined drainage lines;
rather, the gently sloping land drains south and southwest towards an
ephemeral tributary of the Shaw River. Wetlands are present in low‐lying
areas on the site.
Flood modelling showed that the Power Station site will not experience any
inundation in the 100‐year flood event, the 500‐year flood event, or the
probable maximum flood event.
According to the EES there will be no discharge of process waters to the
environment. The power plant wastewater system will treat wastewater
from the power plant water system so that it can be reused in the power
plant. This system will include a water neutralisation plant and two
independent reverse osmosis plants (desalination plants).
Stormwater management will direct all potentially contaminated water to
storage tanks via triple interceptor traps to remove oily substances. Triple
interceptor traps will be located adjacent to the power block and at the
switchyard. After passing through the triple interceptor traps, stormwater
will be directed to a sedimentation pond where suspended sediment will be
allowed to settle out before the water overflows to the ephemeral wetlands
located on the site. Several design options, capable of managing runoff
under a range of storm events are being considered for the sedimentation
ponds. The final design specification will be determined in consultation with
the relevant authorities. The stormwater management system will be
constructed early in the construction program to provide management of
stormwater runoff from the site as soon as practicable.
Rain falling on building roofs will be collected and stored in tanks for use in
dust suppression, landscaping, toilet flushing and potentially, as part of the
power plant water system.
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Cut‐off drains will divert stormwater runoff from land uphill of the Power
Station and switchyard away from the benches to the existing watercourses
and drainage lines that discharge to the ephemeral wetlands. Landscaping
will be undertaken to enhance the wetlands’ ecosystem function and their
capacity to filter stormwater before discharge to a tributary of the Shaw
River.
The EES indicates that any discharge of stormwater will not cause a
reduction in the water quality of Shaw River, and will be of a quality that
will meet the SEPP (Waters of Victoria) objectives. Stormwater discharge
from the sedimentation ponds will be sampled and tested at regular intervals
to ensure compliance with the SEPP.
The EES (Appendix 6) indicates that the impact of the discharge from Shaw
River depends on the volume, quality and the timing of the discharge. It
outlines a number of measures that are recommended for the protection of
the aquatic values that are present at Shaw River. It also identifies the need
to develop a detailed EMP to outline measures to ensure ecological values of
Shaw River are protected during construction activities; and best practice
sedimentation and pollution control measures to the satisfaction of EPA are
undertaken at all times.
3.1.3 Submissions and Proponent Responses
The Corangamite Shire submission sought the following measures to address
the impacts on surface waters and aquatic vegetation of the gas pipeline
construction activities:
a wet weather ‘stop work’ rule for watercourse crossings and work
adjacent to watercourse crossings;
under boring all watercourses with HDD (and specifically for the Curdies
River, Spring Creek and Whiskey Creek, Port Campbell Creek and
Wallaby Creek crossings). The crossing location should be chosen to
ensure this is possible;
spill and hazardous materials management procedures for the gas
pipeline, not just the Power Station; and
proper management of acid sulphate soils at the Curdies River.
The DPI and DSE both raised concerns over the potential use of HDD. While
they acknowledged the environmental benefits of successful HDD, they
pointed out that HDD can be quite risky and the failure rate is around 50%.
The environmental consequences of failure – or frac out – can be significant,
including smothering of riparian and or/roadside native vegetation and
stream turbidity and sedimentation from spilled drill fluids. They stressed
that HDD should not be relied upon and contingency plans should be in
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place in the event that HDD proves unsuccessful at locations where it is
used.
In response, the Proponent and Mr Napier’s evidence indicated that:
a ‘stop work’ rule for watercourse crossing construction activities or
construction activities adjacent to watercourses is not practical and could
leave partially completed works exposed to rising water levels which
may increase the risk of sedimentation, rather than avoiding or reducing
such impacts;
it agrees with DPI and DSE on the use of HDD to cross environmentally
sensitive areas. The criteria to be used in assessing the most appropriate
crossing method are detailed in Table 8.1 of the EES which reflect the
considerations nominated by DPI. Several factors determine the choice of
watercourse crossing method. In some circumstances, under boring or
HDD may pose a greater risk to the environmental values of the
watercourse, particularly in the situation where a ‘frac out’ occurs (or has
the potential to occur) as a consequence of unsuitable geotechnical
conditions;
in most instances it is not possible to move watercourse crossings to
locations favourable for under boring or HDD, as the key considerations
of geological formations and geotechnical conditions are often expansive;
HDD of the Curdies River, Spring Creek and Whiskey Creek crossings
has been nominated as the preferred crossing method but the ultimate
crossing method will be determined following the pipeline design and
construction risk assessment (in accordance with AS 2885.1‐2007 Pipelines
– Gas And Liquid Petroleum – Design And Construction) and detailed
design, having regard to the criteria set out in EES Table 8.1;
the EES did not identify any environmentally sensitive issues that would
support HDD of Port Campbell and Wallaby Creeks. Open‐cut trenching
has been successfully used for previous pipeline crossings of Port
Campbell Creek and those crossings have been successfully reinstated
and rehabilitated;
the Proponent has committed to the preparation of site specific
management plans for significant watercourse crossings which could be
expanded to include contingency plans. The EES impact assessment of all
watercourse crossings considered a worst‐case scenario, including the
potential extent of native vegetation removal;
the Strategic EMP prepared for all construction and operation activities
(EES Attachment 5) for the Power Station, gas pipeline and water
pipelines includes controls for the management of spills and hazardous
materials. Detailed Construction EMPs will need to be developed and
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implemented in line with the requirements and objectives of the Strategic
EMP; and
acid sulphate soils found at the Curdies River will be managed in
accordance with the requirements of the following policies and guidelines
included as Attachment 5 to the EES:
- Draft strategy for coastal acid sulphate soils in Victoria, June
2008 (DSE) (This incorporates the Draft Best Practice Guidelines
for Assessment and Management of Acid Sulfate Soils in
Victoria).
- Acid Sulphate Soil and Rock Publication Number 655 (EPA
1999).
- Industrial Waste Management Policy (Waste Acid Sulphate Soils)
No S‐125 August, 1999 (EPA Victoria).
DSE commented on the uncertainty about changes to the hydrology of Shaw
River and consequential impacts to aquatic ecosystems. Species of particular
concern are the Dwarf Galaxis and the Yarra Pigmy Perch. In general DSE is
satisfied that the majority of impacts should be able to be confined to the
construction phase, however monitoring and adaptive management is
required for the operational phase.
Following discussions between the Proponent and DSE it has been agreed
(see Appendix D) that the Proponent will consider design responses to limit
potential impacts including:
zero discharges, with stormwater either stored or being directed to other
parts of the property for irrigating pasture, crops, screening plantations
and maintenance and enhancement of the Power Station site ephemeral
wetlands;
designing a discharge regime and regulating discharges to ensure there is
no significant adverse impact; and
installation of water saving devices and implementation of processes to
enhance recycling to reduce discharge volumes.
Further, DSE and the Proponent agree that residual risk will be assessed at
the final design and approvals stage and this will inform the detailed scope
of a monitoring program generally along the lines below:
a pre‐ and post‐construction monitoring program should detect any
significant effects on aquatic ecology, particularly the Yarra Pygmy Perch
and Dwarf Galaxias resulting from changed hydrology in the Shaw River;
monitoring will be undertaken at two sites: one just upstream and the
other downstream from the point of discharge into Shaw River; and
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monitoring will commence pre‐construction and continue for a minimum
period of two years post‐construction, at which time it will be reviewed to
determine whether further monitoring is warranted. If construction is
undertaken in stages, the two years post‐construction monitoring may be
required at completion of each stage, and will be informed by the results
of the preceding monitoring program.
3.1.4 Discussion and Conclusions
Without appropriate controls, hydrological impacts and increased
sedimentation or water quality impacts could occur during construction of
the Power Station and pipelines watercourse crossings.
While successfully implemented HDD can significantly reduce
environmental impacts, it can be risky and the environmental consequences
of failure – or frac out – can be significant. The Panel endorses the consensus
view at the hearing that HDD may not be feasible in all the locations and,
where it is identified as the preferred method, contingency plans should be
in place in the event HDD proves unsuccessful.
Specific measures for each watercourse crossing should be incorporated in
Construction EMPs.
The Panel notes that acid sulphate soils are likely to be found at the Curdies
River. They should be managed in accordance with the requirements of the
EPA and DSE policies and guidelines.
Water quality in Shaw River may be impacted during construction of the
Power Station and the proposed upgrading of Riordans Road, and during
the operation of the Power Station. However, the design of the stormwater
management system for the Power Station site should implement best
practice sedimentation and pollution control measures to the satisfaction of
EPA. The Panel is satisfied that impacts can be limited through careful
design to maintain the current to volume of water discharged to Shaw River.
Recommendations
Incorporate specific control measures for each watercourse crossing in
Construction EMPs.
Manage acid sulphate soils found at the Curdies River in accordance with
the requirements of the EPA and DSE policies and guidelines.
Design the stormwater management system for the Power Station site to
implement best practice sedimentation and pollution control measures to
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the satisfaction of EPA, and limit impacts to maintain the current discharge
volume hydrology to Shaw River.
Require a monitoring program to assess the impact of water discharged
from the Power Station site to be undertaken broadly in line with that
outlined in Appendix D.
3.2 Groundwater
3.2.1 Regulatory Framework and Policy Context
DSE manages Victorian groundwater resources in accordance with the Water
Act 1989. The DSE delegates responsibility for groundwater licensing and
administration in south western Victoria to the Southern Rural Water
Authority.
The EPA manages groundwater quality in accordance with the Environment
Protection Act 1970 and the SEPP (Groundwaters of Victoria)11 which aims to
maintain and, where necessary, improve groundwater quality to protect
existing and potential future uses of groundwaters. The policy classifies
groundwater into five ‘segments’ based on the background concentration of
total dissolved solids (TDS) – which are predominantly salts – and defines
the beneficial uses in each segment that require protection.
In addition to the SEPP (Groundwaters of Victoria), EPA guidelines for
sediment pollution control and management of construction sites referred to
in 3.1.1 are also relevant to the protection of groundwater during
construction activities.
3.2.2 EES Assessment and Evidence – Groundwater
The EES (Chapter 10 and Appendix 3) provides information on the
characteristics of the groundwater environment in the project area.
There are 325 DSE‐registered groundwater bores within 1 km of the
proposed gas pipeline alignment and power station site, including 17 state
observation bores and 14 registered irrigation bores. Most of the bores are
private bores used for stock and domestic purposes and are installed in the
Newer Volcanic basalts. The deeper bores (for irrigation purposes) generally
source groundwater from the Port Campbell Limestone.
11 State Environment Protection Policy (SEPP) (Groundwaters of Victoria) No S95 (Victorian
Government, 1997a).
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There are 27 private bores within 500 m of the water pipelines alignment.
Bores range in depth from 6 to 55 m, with most bores greater than 30 m
depth.
Groundwater in deeper formations is used extensively for municipal supply
throughout the Otway Basin. For example, supplies for Koroit and
Warrnambool are sourced from the Port Campbell Limestone, and supply for
Port Fairy is sourced from the Dilwyn Aquifer.
The EES noted the following aspects of the project that could reduce the
levels, supply or quality of groundwater:
the depth to groundwater along the gas pipeline alignment is expected to
typically exceed the maximum depth of excavation but short‐term and
local disturbance of groundwater is likely to occur during construction,
particularly toward the western end of the alignment in the Stony Rises
where shallow groundwater may be encountered;
since widespread and long‐term dewatering will not be required, the
potential for groundwater impacts during the construction phase is
minimised. The implementation of monitoring and management
techniques should ameliorate impacts associated with any shallow
dewatering that may be necessary;
groundwater impacts during the operational phase are also reduced as no
groundwater extraction for water supply purposes is proposed;
the implementation of management measures will reduce the likelihood
that springs, wetlands and other groundwater‐discharge related features
near the Power Station or gas pipeline will be affected. In addition, any
potential impacts are likely to be of small scale and short duration; and
overall, the project is considered to pose a low risk to groundwater levels,
quality or existing/future users.
3.2.3 Submissions
There were no submissions received related to groundwater issues.
3.2.4 Discussion and Conclusions
The absence of submissions on this issue is taken to represent acceptance
from relevant agencies of the rigour of the analysis and support for the
management regimes proposed.
The Panel notes that the Strategic EMP outlines comprehensive avoidance,
mitigation and management measure to be implemented during construction
works to protect groundwater resources.
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The Panel accepts the information and analysis provided in the EES and
considers that:
the project will not pose any significant long‐term risk to groundwater
supply or quality; and
while it is likely that there may be local and short‐term disturbance
during construction activities, the implementation of monitoring and
management techniques specified in respective Construction EMPs can
ameliorate such impacts.
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4. Biodiversity
EES Evaluation Objective: To avoid or minimise effects on species and
communities listed under the Flora and Fauna Guarantee Act 1988 to the extent
practicable, to avoid or minimise effects on other native species and communities,
and to comply with net gain requirements for biodiversity outcomes.
4.1 Regulatory Framework and Policy Context
4.1.1 Commonwealth Legislation - Environment Protection and Biodiversity Conservation Act 1999
The Commonwealth EPBC Act provides for the protection of listed
threatened species and communities and migratory species of national and
international environmental significance. Three referrals under the EPBC
Act were submitted to the Department of the Environment, Water, Heritage
and the Arts (DEWHA) relating to Shaw River Power station, the gas
pipeline and the water pipelines. The Power Station has been assessed as
‘not a controlled action’ and will not require any further assessment.
The gas pipeline and water pipelines have both been assessed as ‘not a
controlled action if undertaken in a particular manner’. The Referral Decisions
specify measures to be undertaken to avoid significant impacts on listed
threatened terrestrial species, including Southern Brown Bandicoot (known
to occur in the project area) and Long‐nosed Potoroo and communities along
the gas pipeline route. Measures include controls for erosion, pollutant spill
and chemical storage and specific controls in identified key habitat areas,
including restrictions to construction corridor width, salvage and relocation
of species and restoration of disturbed habitat.
The Referral Decisions specify measures to be undertaken to avoid
significant impacts on listed aquatic species and communities. They include:
specific controls for sedimentation, erosion, pollutant spill and chemical
storage; and specific controls in identified key habitat areas where open cut
trench works are proposed, including restrictions to construction corridor
width, salvage and relocation of species, avoidance of breeding seasons and
restoration of disturbed habitat.
Measures along the water pipeline routes include specific controls such as
thrust boring or HDD to be used to lay the pipeline underneath the two
patches of Natural Temperate Grassland of the Victorian Volcanic Plain that
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are intersected by the pipeline alignment. Contingency measures are also
specified where there is a failure of boring techniques.
For the water pipelines, the Referral Decision further notes that in the event
of trenching being used for the Ware Creek crossing, additional targeted
surveys of listed aquatic species will be required and if found, construction
activities must not be undertaken during the breeding seasons for these
species.
Construction of the gas and water pipelines must be undertaken in
accordance with the requirements specified in the decision notices.
4.1.2 State Legislation and Policy
Relevant State legislation and planning policy applying to the protection of
biodiversity is as follows:
The Flora and Fauna Guarantee Act 1988 (FFG Act) establishes
procedures for the conservation, management or control of flora and
fauna and the management of potentially threatening processes. DSE
administers the FFG Act, including ‘Permits to take protected flora’ and
‘Permit to conduct activities relating to protected fish’.
Victoria’s Biodiversity Strategy (1997) complements the National
Strategy and the FFG Act. It provides the overarching direction for
biodiversity conservation and management in Victoria.
Planning schemes require:
Planning decisions to have regard to The Victorian Government
Native Vegetation Management Framework: A Framework for
Action 2002 (the Framework) (SPPF Clause 15.09). The Framework
aims to achieve a reversal of the long‐term decline in the extent and
quality of native vegetation ‐ this reversal is commonly referred to
as ‘net gain’. It adopts the principles of firstly avoiding the removal
of native vegetation, if removal cannot be avoided then planning
and design should minimise the loss of native vegetation and, where
native vegetation must be removed, offsets should be provided to
ensure a net gain outcome (as defined in the Framework). Other
regulatory agencies often draw on DSE expertise in relation to
biodiversity issues and the implementation of the Framework. In
some cases the arrangement is formalised, such as approval of
extractive industry proposals where a memorandum of
understanding between DPI and DSE has been established relating
to decisions affecting native vegetation losses.
A permit under Clause 52.17 to remove, destroy or lop native
vegetation, unless specified exemptions apply. DSE is designated as
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a referral authority for specified types of applications involving the
loss of native vegetation and is often consulted on other
applications. However, a planning permit to remove native
vegetation is not required for a pipeline developed under the
Pipelines Act 2005. Amendment C36 proposes to exempt other
elements of the project from requirements to obtain a permit to
remove native vegetation, although DPI advise they will require a
native vegetation removal and offset plan to be prepared to the
satisfaction of DSE.
The Wildlife Act 1975 requires permits for the collection and
translocation of protected fauna. DSE administers this Act, in particular
granting ‘Wildlife Management Authorisations’.
The Pipelines Act 2005 regulates all works associated with the gas
pipeline and substitutes for processes in planning schemes. This Act is
administered by DPI, which adopts the practice of obtaining advice from
DSE regarding biodiversity‐related components during the development
of the Construction EMP under the Act and during auditing of plan
implementation.
The Water Act 1989 requires permits for works on designated waterways
and such works may impact on biodiversity. Catchment Management
Authorities are responsible for issuing permits and DSE regularly
provides advice on biodiversity issues.
The Catchment and Land Protection Act 1994 controls noxious weeds
and pest animals. DPI is responsible for these biosecurity matters under
the Act which will be addressed through EMPs for the project.
Although without legislated protection, species listed under Advisory Lists
of Rare and Threatened Plants, DSE 2005 and Vertebrate Fauna, DSE 2007
and species listed in A Census of the Vascular Plants of Victoria, Walsh & Stajsic
2007 have also been considered in the assessments.
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4.2 Terrestrial Ecology
4.2.1 EES Assessment and Evidence - Terrestrial Ecology
Methodology for Terrestrial Ecology Assessments
Ecology Partners undertook Flora and Fauna Surveys and Preliminary Net
Gain Assessments for the power station and gas and water pipelines (EES
Appendices 4, 5, 29, 30). Study methods for the terrestrial flora and fauna
assessment included desk top analysis and field surveys. Surveys of the gas
pipeline and immediate surrounds were conducted over 27 days between
November 2008 and September 2009. Surveys were carried out for the water
pipelines over six days during December 2008 and January 2009.
Surveys were undertaken at a time when the detection of most flora and
fauna species is relatively high, and combined with the highly modified
environment the majority of the study area is located in, the methodology is
considered sound.
Survey Results
The project area crosses two bioregions. The Victorian Volcanic Plain (VVP)
Bioregion lies inland from the coast and is characterised by open areas of
grassland, small patches of open woodland, stony rises (old lava flows),
extinct volcanoes and numerous small lakes. The Warrnambool Plain (WP)
Bioregion is located along the coast and is characterised by more patches of
remnant vegetation, an undulating landscape and incised river valleys and
coastal cliffs.
The Power Station site and much of the surrounding landscape have been
cleared for agriculture. Native vegetation is mostly confined to road and rail
reserves, watercourses, isolated pockets and stands of scattered trees.
Native flora and fauna communities and species, listed under the EPBC Act
that were recorded in the project area include:
two ecological communities: Natural Temperate Grassland of the
Victorian Volcanic Plain and Grassy Eucalypt Woodland of the Victorian
Volcanic Plain;
two plant species: Curly Sedge and Swamp Greenhood; and
two terrestrial animal species: Southern Bent‐wing Bat and Long‐nosed
Potoroo.
The surveys provided a detailed comparison of desk top and field survey
results. Flora and fauna were described across levels of national, regional
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and local significance. Detailed results of flora and fauna surveys can be
found in EES Appendices, for the Power Station site and gas pipeline
(Appendix 4) and the water pipelines (Appendix 30).
No other sites or areas of wilderness, scientific or other special conservation
significance were identified.
EES Assessment of Impacts and Mitigation
Potential project impacts on terrestrial ecology (including communities and
species of conservation significance) are summarised in the EES Chapter 10.5.
The Strategic EMP (EES Attachment 5) provides an integrated risk
assessment of residual risks (Chapter 1) and a comprehensive set of
management guidelines (Chapter 4) that will assist with the management of
impacts and implementation of mitigation measures which will be included
in the Construction and Operations EMPs for the gas and water pipelines.
As already noted, the Referral Decisions under the EPBC Act oblige the
implementation of specified measures to avoid significant impacts on listed
threatened species.
Clearing of native vegetation is not proposed for any of the areas on the
Power Station site. The operation of the Power Station will increase noise
and light in the local landscape. These disturbances are at the immediate
local scale and may change how some species, such as the Southern Bent‐
wing Bat use the area, despite the absence of preferred habitat on the
proposed power station site.
Appropriate plans, such as salvage and/or management plans, are proposed
to be prepared for significant species (including the Curly Sedge, Large‐
flower Cranesbill, Basalt Leek‐orchid, Swamp Flax‐lily, Swamp Skink and
Long‐nosed Potoroo), in the detailed Construction EMPs.
The gas and water pipeline alignments were selected to avoid or minimise
impacts on significant areas of vegetation (including grasslands and remnant
mature trees) and associated fauna habitat. The alignments primarily
intersect cleared country (98%).Where significant areas could not be avoided,
construction methods have been varied to reduce impacts, including
reducing the width of the construction right of way and in special cases,
proposing the use of HDD or boring where road and/or river crossings are
proposed. The use of these techniques will be determined following detailed
geotechnical surveys for specific sites.
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Preliminary Net Gain Assessments
Earlier flora and fauna surveys and mapping of the overall study area
indicate there are approximately 62.71 hectares (ha) of native vegetation in
the gas pipelines study area12. Clearing of native vegetation for the gas
pipeline and power station is predicted to total 3.43 ha. This includes
approximately 1.03 ‘habitat hectares’ which is a combined quality‐quantity
measuring system under the NVMF, consisting of 0.17 habitat hectares from
the WP Bioregion and 0.86 habitat hectares from the VVP Bioregion of
medium, high and very high conservation significance. The resulting net
gain target for this vegetation is 1.83 habitat hectares, comprising 0.27 habitat
hectares from the WP Bioregion and 1.56 habitat hectares from the VVP
Bioregion.
There are approximately 37.7 ha of native vegetation in the water pipelines
study area. Construction of the water pipelines will require clearing of 2.29
ha, comprising 0.55 habitat hectares of high conservation significance
vegetation from the VVP Bioregion. This equates to a net gain target for the
water pipeline of 0.84 habitat hectares.
There are also areas of less significant vegetation dominated by Austral
Bracken and classified as Degraded Treeless Vegetation along the gas and
water pipelines routes proposed to be cleared. Removal of this vegetation
will require an equivalent offset of this or any similar native vegetation, due
to their floristic and habitat values. Clearing is also proposed for a range of
scattered trees and shrubs. Net gain assessments have been calculated for
these losses.
Preliminary net gain assessments13 will be finalised once the final pipeline
routes are agreed and the road and river crossing methods determined. It is
also proposed to audit the final offset requirements post construction.
12 Comprising: 15.39 ha from the WP Bioregion and 47.32 ha from the VVP Bioregion,
approximately 20.09 ha of Austral Bracken (2.17 ha from the WP Bioregion and 17.92 ha from the VVP Bioregion) and 13.88 ha of ‘Degraded Treeless Vegetation’ (all from the VVP Bioregion).
13 Full details of net gain assessments, including conservation significance and impacts on individual Ecological Vegetation Classes (EVCs) for each bioregion for the gas and water pipeline alignments are contained in the EES Appendices 5 and 30, respectively.
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4.2.2 Submissions and Proponent Response
Pipeline Rehabilitation
Landowner Geoff Saffin’s submission indicated concerns over potential
problems with land restoration in the gas pipeline easement, given his
previous experience of installation of the SEA Gas pipeline on his property.
The Shire of Corangamite’s submission requested that a ‘Re‐instatement of
Land Inspection and Repair Service’ be carried out for 12 months from
completion of the pipeline.
The Shire of Corangamite also noted that rehabilitation to full recovery
would be highly important for the Curdies River, Spring Creek and Whiskey
Creek. The Shire requested that areas rehabilitated with native vegetation be
maintained for a minimum of 2 years.
Mr Napier responded to these issues, presenting details of the proposed
rehabilitation of the pipeline construction right of way at the Panel hearing,
including the respective processes for reinstatement, revegetation and re‐
establishment of previous land use. Mr Napier highlighted that:
The Strategic EMP (Attachment 5 to the EES) states that rehabilitation
will be monitored at three monthly intervals for the first year and
annually for up to two years, including following major storm events or
prolonged periods of heavy rainfall. The Strategic EMP requires Shaw
River Power to remediate any unsuccessful rehabilitation.
DPI advised at the hearing that requirements for rehabilitation are covered
under the Pipelines Act, including rehabilitation commitments, rehabilitation
plan, compliance with standards and rehabilitation bond. The Panel was
informed that there was not a statutory period for monitoring rehabilitation
but a rehabilitation period could be specified under the Construction EMP.
In addition, should there be complaints, the Proponent will be required to
undertake further rehabilitation works as required.
Native Vegetation Impacts and ‘Net Gain’
The Shire of Corangamite raised a general concern in relation to potential
impacts of large scale infrastructure projects on flora and fauna and the
importance of construction management. The Shire indicated a preference to
offset native vegetation within the municipality.
Mr Power responded that Mr Organ’s evidence had comprehensively
addressed the submissions made on flora and fauna and in particular that
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construction management would be adequately addressed. He submitted
that:
The majority of the concerns raised in the submissions can and should be
addressed in the EMPs. Notably, EMPs for the Gas Pipeline must be
approved by the DPI and DSE under the Pipelines Act and we submit
that this is the most effective way of ensuring that the specific
environmental issues along the various areas of each pipeline route are
managed.
Shire of Corangamite requested that HDD be used at roadside crossings,
including Warre Road, Smoky Point Road, North‐South Road, Timboon‐
Peterborough Road, Boundary Road and Timboon‐Curdievale Road, in order
to avoid native vegetation removal. The use of HDD techniques, as
discussed previously, will require further geotechnical investigation in order
to determine feasibility.
DSE advised it is satisfied that the Framework’s three step approach has been
applied in the EES assessment and the preliminary net gain assessments.
However, DSE questioned the approach to determining tree clearance
distances from construction for old trees, suggesting that the methodology in
the ‘Australian Standard for the Protection of Trees on Development Sites 2009’
should apply. Mr Organ noted that this is a new standard and the distance is
greater than applied in the assessment to date. It was noted that this new
standard would result in assumptions that further trees would be lost and
the offset calculations would require updating. He advocated verifying
actual losses after construction.
DSE anticipated that the main outstanding challenge for the project with
regard to native vegetation would be locating offsets for very high
conservation significance vegetation that meet the like for like requirements
of the Framework. The Proponent confirmed that the task of identifying
appropriate offsets is proving difficult but indicated that the process is being
undertaken in close consultation with DSE, with regard to determining the
nature, location and extent of offsets prior to seeking formal approval. Mr
Organ informed the Panel that a range of offsets may be available through
the Trust for Nature and Bush Broker programs and that these were being
actively investigated, as well as other potential options for the purchase of
private land with appropriate native vegetation.
The ecological benefits of finding like for like offsets in small fragmented
areas across a range of EVCs were questioned. DSE and Mr Organ concurred
that it may be more ecologically beneficial to find one and/or a small number
of larger consolidated offset areas across a smaller range of EVCs. However,
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DSE emphasised the scarcity of very high conservation significance native
vegetation and highlighted the importance of achieving offsets that satisfy
the like for like requirements for this native vegetation. DSE indicated that
Ministerial approval will be necessary for the losses of very high
conservation significance vegetation and the Proponent will be required to
demonstrate that appropriate offsets can be provided.
The Panel queried which mitigation measures recommended by Ecology
Partners were not fully or only partially adopted by the Proponent. Mr
Napier presented a detailed written response, outlining the reasons against
each of the recommended mitigation measures. In summary, the range of
mitigation measures not adopted related to certain monitoring requirements
no longer required because impacts were designed out or mitigated through
other means; specific boring techniques requiring geotechnical investigation;
pre‐clearance surveys for aquatic weed species not being required due to
proposed mitigations for the construction phase; and there being no need for
a management plan for the burrowing crayfish as it had not been detected (It
was noted that such a plan would be prepared if the species is identified in
pre‐construction clearance surveys for other threatened species).
Partially adopted recommendations included development of a generic
stormwater plan for gas and water pipelines construction rather than site
specific stormwater management plans; monitoring and mitigation measures
of discharges from the Power Station site to be determined in consultation
with authorities if impacts on threatened fish species are detected (it is noted
that a preliminary monitoring program has now been prepared (see
Appendix D)); and the appropriate route alignment at Gapes Road to be
determined as part of detailed design, in order to minimise native vegetation
impacts.
DPI and the Shire of Corangamite raised issues in relation to weed and
pathogen hygiene. Mr Napier noted that the Strategic EMP includes
objectives and high level procedures for the control of weeds and plant and
animal pathogens. The Construction and Operations EMPs will adopt the
Strategic EMP requirements and include more detailed procedures for the
management of weeds and pathogens.
Impacts on Fauna
DSE was satisfied that most impacts on fauna can be confined to short‐term
impacts during the construction phase through implementation of
appropriate mitigation measures. However, DSE raised a concern about the
potential impact of the Power Station on the Southern Bent‐wing Bat which is
listed as Critically Endangered under the EPBC Act and listed as ‘threatened’
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under the FFG Act. DSE advised that little is known about the flight paths
and migratory patterns for the species but noted in its submission that:
The proposal is at the outer limits of the nightly foraging areas, but lies
in between a number of known caves. The project is unlikely to have a
significant adverse effect on this species. However, it is important that
post construction monitoring and adaptive management processes are in
place to detect and manage any impacts that do occur.
DSE queried whether there would be hazards such as flares or heat from the
exhaust stacks that may pose a threat to the Southern Bent‐wing Bat. The
EES notes that the process of flaring is to be avoided (EES Ch. 10, p.127). Mr
Ormerod advised that the heat of the plumes from the open and closed cycle
gas turbines would be 90 and 500 degrees respectively at the exit points into
the atmosphere and this would be followed by a rapid process of
temperature reduction. Mr Organ considered that the operation of the
Power Station would pose minimal risks to bats and other avifauna. Mr
Organ also stated that the artificial lighting to be installed on the site would
not be unique to the area and would be unlikely to cause adverse impacts on
bats. Mr Organ further noted that harvesting of blue gum forests was likely
to result in loss of the bat’s foraging habitat. Mr Power highlighted that the
Power Station had been referred under the EPBC Act and that the
Commonwealth determined it was not a controlled action and did not
specify any management requirements relating to bats. He submitted that:
‘any conditions related to post‐construction monitoring on site
utilisation and mortality for key species of bats such as the Southern
Bent‐wing Bat (as suggested by DSE) is unnecessary and if imposed
would be a disproportionate and onerous condition on Shaw River
Power.’
The Panel sought further advice about the nature of bat monitoring and
adaptive management measures envisaged by DSE. DSE prepared a
preliminary monitoring program in consultation with the Proponent, a copy
of which is provided in Appendix D to this report.
Local resident, Ms Nicholls’ submitted that the EES does not adequately
address the effect of the project on Brolga nestling sites on properties along
Riordans Road.
The EES Flora and Fauna Survey report (EES Appendix 4) noted that
significant fauna species such as the Brolga are known to occur in the local
area of the Power Station site. The report also noted that although the
proposed power station and associated infrastructure are unlikely to directly
impact this species, there is the potential for indirect impacts such as
disturbance from lighting and noise. However, DSE’s assessment of
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submissions and presentation of evidence did not identify any fauna, other
than the Southern Bent‐wing Bat that should be monitored on the Power
Station site. Further, DSE’s submission did not identify any outstanding
issues in relation to the local Brolga population.
Cumulative Impacts
The Shire of Corangamite identified the importance of protecting refuges and
habitats due to losses of original grassland ecosystems across the region
which is elevated due to cumulative impacts of development.
DSE asked the Panel to note the general growth of major infrastructure
projects in the south west of Victoria and to comment on how the issue of
cumulative impacts should be considered regionally. It was noted whilst
project specific impacts may be manageable, there is a cumulative habitat
loss from successive projects. DSE advised that a regional assessment of
cumulative effects on flora and fauna communities and the identification of
strategic provision of consolidated offsets has not been undertaken.
4.2.3 Discussion and Conclusions
It is the Panel’s view that the EES has comprehensively addressed the EES
objectives in relation to terrestrial flora and fauna impacts and mitigation.
The Panel is satisfied with the Proponent’s overall approach to the
assessment of biodiversity impacts and the development of measures to
avoid, minimise and/or offset those effects. The outcome also supports the
view put to the Panel that the technical reference group has worked
constructively to resolve issues as they have arisen.
Further, the Panel notes that the Strategic EMP (EES Attachment 5) provides
an integrated risk assessment, identifying residual risks for terrestrial
ecology, as well as a comprehensive set of guidelines for managing impacts
on terrestrial ecology. These inclusions in the EES are a further
demonstration of the rigorous approach taken by the Proponent. As such,
the Strategic EMP will provide leading guidance for the development of the
Construction and Operations EMPs for the project.
The Panel is also satisfied that concerns over the potential impacts on flora
and fauna at specific sites can be minimised through the preparation of site
specific EMPs that would form part of the overall construction EMPs across
the various project components.
The Panel was also generally satisfied with the Proponent’s responses to the
range of issues raised in submissions.
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The Panel agreed that concerns in relation to land rehabilitation along the
pipelines are capable of being adequately addressed through requirements of
the Construction EMPs which will specify a rehabilitation monitoring period
and require further rehabilitation works where warranted through
complaints.
The Proponent has commenced negotiations for appropriate offsets and these
will be determined in consultation with DSE and subject to final approval
from DSE. The Panel understands the difficulties in obtaining like for like
native vegetation offsets. However, in the absence of any specific
information on the types of native vegetation offsets being pursued by the
Proponent and therefore the relative conservation benefits associated with
different offset options, the Panel cannot give any guidance about whether
departures from like for like requirements for very high conservation value
vegetation are justified. This is a matter that remains for determination by
the Minister for Energy and Resources, under the Pipelines Act 2005,
presumably on the advice of the Minister for Environment and Climate
Change.
The Panel notes that the native vegetation losses associated with this project
are relatively small (offset targets of 1.83 habitat hectares and 0.84 habitat
hectares for the gas and water pipelines respectively) and that the offsets
provided should achieve net gain in terms of environmental outcomes.
However, continuing incremental losses of these proportions, coupled with
the overall long term decline in extent and quality of native vegetation can
result in considerable cumulative effects. This is evident in the
acknowledged difficulty of finding like for like offsets for very high
conservation significance vegetation. The Panel notes that the losses have
been minimised as far as possible and that the Proponent is working closely
with DSE, in order to find appropriate offsets. Nevertheless, the Panel
encourages DSE to work towards identifying strategic opportunities for the
provision of consolidated offsets, possibly through the Trust for Nature and
Bush Broker programs.
The Panel accepted DSE’s evidence and determined that the EMP should
adopt the standards and practices for clearance distances from trees during
construction, as provided for in the ‘Australian Standard for the Protection of
Trees on Development Sites 2009’. However, the Panel was of the view that this
should not compromise the pipeline route but noted it may result in
increased offsets, where trees may be vulnerable. Further, given the likely
uncertainties encountered in assessing tree survival, the Panel determined
that a post construction audit of net gain success should be conducted two
years after construction and reviewed with respect to actual losses.
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The Panel accepts the evidence that impacts of the Power Station operation
on the Southern Bent‐wing Bat are unlikely. Even if bats are attracted to the
illuminated power station, there are no moving parts and the emissions from
the Power Station are not expected to impact on the bats. Nevertheless, the
further monitoring regime put forward after the hearing is supported due to
the uncertainties about bat usage of the site and possible impacts. The Panel
notes that responses if bat mortality is identified may well be in the form of
adjustments to lighting, or offsets in the form of improvements to bat habitat
elsewhere, rather than the imposition of significant new constraints on the
operation of the Power Station.
In relation to the potential impacts of the Power Station on local Brolga
populations, neither the evidence presented nor DSE’s submissions
identified any fauna other than the Southern Bent‐wing Bat that should be
monitored on the Power Station site. Further, DSE’s submission did not
identify any outstanding issues in relation to the local Brolga population.
The Panel concludes that the potential for indirect off‐site impacts of the
Power Station operation on the local Brolga population does not warrant
further specific investigation.
The effective management of the regulatory processes subsequent to the EES
will be crucial to ensuring that environmental effects are mitigated during
construction and operation of the Power Station and gas and water pipelines.
These processes are discussed in more detail in Chapter 11 in this report.
Recommendations
Ensure that construction of the gas and water pipelines is undertaken in
accordance with the requirements of the Referral Decisions under the
EPBC Act.
Ensure that site specific requirements are included in construction EMPs,
including appropriate rehabilitation techniques and monitoring measures
for rehabilitation success, specific to terrestrial flora and fauna identified
through targeted surveys.
Ensure Construction EMPs for the gas and water pipelines require:
appropriate follow up works to ensure rehabilitation to former
condition;
immediate post construction audits to confirm native vegetation offsets;
and
follow‐up audits at two years post construction, to confirm actual native
vegetation losses and revise offsets, if required.
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Adopt the standards and procedures in ‘Australian Standard for Protection
of Trees on Development Sites 2009’ in Construction EMPs and review net
gain assessments for any implied further losses of native trees.
Monitor the occurrence of the Southern Bent‐wing Bat on the Power
Station site and identify management or ‘offsetting’ measures if impacts
from the Power Station are identified. (Monitoring should be generally in
accordance with the program as set out in Appendix D of this report.)
4.3 Aquatic Ecology
4.3.1 EES Assessment and Evidence - Aquatic Ecology
Methodology
The EES addresses aquatic ecology in Chapter 10.6 and sets out the Ecology
Partners aquatic ecology assessments for the Power Station and Gas Pipeline
(EES Appendix 6) and the Water Pipelines (EES Appendix 30). The aquatic
impact assessments for the proposed power station and gas pipeline
involved desk top and field survey approaches with surveys carried out
between November 2008 and June 2009. Several watercourses could not be
sampled or have a habitat assessment undertaken because they were dry, but
a desktop review of all watercourses in the local area was undertaken.
The EES noted that an aquatic flora investigation was outside the scope of
the current project.
Survey Results
The field surveys during 2008 and 2009 recorded two fish species listed
under the EPBC Act and the FFG Act: Dwarf Galaxias and Yarra Pygmy
Perch. The Australian grayling, the third species of national and state
significance identified during the desktop survey, was not recorded during
the field surveys but has previously been found in the Hopkins River.
Most watercourses have not been fenced to exclude livestock; therefore, bank
erosion, increases in water turbidity, pugging (the holes created when
livestock step into the muddy substrate), and increases in nutrient loads were
evident. This has implications for the consideration of existing impacts on
aquatic ecology. Riparian zone structure is poor in the majority of the
watercourses in the project area, the exceptions being Whiskey Creek, the
Hopkins River and the Shaw River. Most watercourses are also relatively
low in macro invertebrate and fish species diversity. However, Back Creek,
Murray Brook, the Shaw River (upstream of Riordans Road), Mosquito
Creek, Spring Creek and Wallaby Creek contained a high number of
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macrophytes, including floating plants, submerged aquatic plants and
emergent aquatic plants.
EES Assessment of Impacts and Mitigation
Potential project impacts on aquatic ecology (including communities and
species of conservation significance) are summarised in the EES Chapter 10.6.
The Strategic EMP (EES Attachment 5) provides an integrated risk
assessment of residual risks and a comprehensive set of management
guidelines (Chapter 4) that will assist with the management of impacts and
implementation of mitigation measures which will be included in the
Construction and Operations EMPs for the gas and water pipelines.
The Proponent has committed to the preparation of site specific management
plans for significant watercourse crossings (EES Chapter 8.2.6), in order to
ensure appropriate mitigation measures.
As already noted, the Referral Decisions under the EPBC Act oblige the
implementation of specified measures to avoid significant impacts on listed
threatened species.
The EES noted that proposed avoidance, mitigation and management
measures will address the threatening processes identified in the national
recovery plans for threatened species and the FFG Act Action Statements.
Impacts on marine flora and fauna, as a result of increased waste discharges
from the Warrnambool Water Reclamation Plant have not been assessed.
However, analysis of the potential wastewater streams indicates that water
quality variables are well within the discharge limits specified in Wannon
Water’s Corporate Licence. It is reasonable to conclude there would be no
additional impacts on marine flora and fauna.
Preliminary ‘Net Gain’ Assessments
Aquatic habitat surveys have not been undertaken at the proposed stream
crossing sites for the pipelines in order to identify EVCs present. Therefore,
it has not been possible to carry out net gain assessments for aquatic
vegetation and further assessments will be required.
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4.3.2 Submissions and Proponent Response
There were few issues raised in submissions in relation to potential impacts
on aquatic ecosystems.
The Shire of Corangamite indicated concern over the initial technical reports
prepared for the EES, leading to a lack of confidence in the research. In
particular, the Shire requested that the Proponent seek additional
information about the presence of the Yarra Pygmy Perch in the Curdies
River and investigate further impacts to significant orchids through the
removal of Swamp Scrub vegetation at Whiskey Creek.
Mr Power submitted that the measures required under the EPBC Act Referral
Decision, which are designed to ensure protection of the nationally
significant species and communities, have been incorporated in the
mitigation measures set out in the EES. At a number of points in the hearing,
it was noted that further investigations would be undertaken, particularly
through pre‐construction clearance surveys and that site specific construction
management plans would provide further information where lacking. The
EES (EES Chapter 10, p.10‐70) also noted that site specific management plans
for flora and fauna will be developed to detail requirements for management
and will be consistent with advice provided by DSE.
The Panel inspected a number of key sites where the proposed gas pipeline
road and stream crossings sought to avoid important remnant native
vegetation and where HDD was the preferred option. The Panel noted that
the need for open cut methods of stream crossings could be particularly
problematic for instream flora and fauna communities, where HDD
techniques are not feasible. This is not so critical in streams of low or
intermittent flows but for streams with regular flows, open cut methods will
require the construction of sheet pile coffer dams or use of water filled
bladders. These measures are designed to hold up stream flow over half the
stream bed during construction. Measures to maintain stream flow have
been included in the EES (EES Ch. 10, Section 10.3).
4.3.3 Discussion and Conclusions
The Panel is of the view that the EES has reasonably addressed the EES
objectives in relation to aquatic impacts and mitigation. The surveys were
carried out at a time of year when the chance of detecting most species
would have been relatively high; and combined with database search results
and discussions with local experts, limitations were unlikely to significantly
affect the findings and recommendations.
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However, given there were no surveys done of aquatic native vegetation at
the proposed stream crossing sites, the Panel determined that further
assessments will need to be undertaken during the pre‐construction phase.
Whilst the EES includes a commitment to re‐instatement of the stream bed
post construction, the assessment of the types of aquatic flora species and/or
communities that may be disturbed was not explicit. DSE confirmed in the
hearing that the NVMF applies equally to instream aquatic vegetation,
including the principle of net gain which should be assessed in terms of the
most appropriate wetland EVC benchmark. The Panel noted that the
targeted aquatic surveys to be undertaken once stream crossing points are
determined, would guide the mitigation measures to be included in site
specific EMPs and would also guide the net gain assessments.
The Panel considers that the site specific construction EMPs for the gas and
water pipelines should detail rehabilitation techniques specific to aquatic
flora, including measures to address the constraints on re‐establishment of
aquatic flora species, imposed by stream flow.
Recommendations
Ensure that construction of the gas and water pipelines is undertaken in
accordance with the requirements of the Referral Decisions under the
EPBC Act.
Undertake targeted aquatic flora surveys once stream crossing points and
techniques are confirmed, in order to identify the relevant EVCs and
undertake net gain assessments where required.
Ensure site specific requirements in Construction EMPs, include
appropriate rehabilitation techniques and monitoring measures for
rehabilitation success, specific to aquatic flora identified through targeted
surveys.
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5. Protection of Cultural Heritage
EES Evaluation Objective: To protect Aboriginal and non‐Aboriginal cultural
heritage to the extent practicable.
5.1 Aboriginal Cultural Heritage
5.1.1 Regulatory Framework
The Aboriginal Heritage Act 2006 requires that a Cultural Heritage
Management Plan (CHMP) be prepared in respect of any works for which an
EES is required. The CHMPs must recommend measures to manage
Aboriginal cultural heritage before, during and after an activity and must be
endorsed by either a registered Aboriginal party or approval can be gained
from the Secretary of DPCD.14
5.1.2 EES Assessment - Aboriginal Cultural Heritage
The EES addresses the potential environmental effects on Aboriginal cultural
heritage and measures to mitigate impacts15 are also identified in the
Strategic EMP (EES Attachment 5). The EES describes the Aboriginal
heritage context. It reports that neither a search of government and non‐
government registers nor preliminary Aboriginal Cultural Heritage
Assessments (CHAs) revealed any Aboriginal cultural heritage places within
the Power Station site, gas pipeline or water pipelines alignments. However,
unsurveyed areas the Power Station have been identified as having potential
to contain Aboriginal heritage places. Areas of high potential sensitivity
include the Curdies, Merri, Hopkins and Moyne Rivers which are likely to
contain stone artefacts, hearths, charcoal and freshwater shellfish and may
possibly contain fish traps, mounds, burials and scarred trees.
CHMPs are currently being prepared by Andrew Long & Associates for the
Power Station site and gas pipeline and for the water pipelines and are due
to be completed, once the construction contractor is chosen. These CHMPs
will guide the protection and management of both known and unknown
14 Other legislation and regulations relevant to the protection of Aboriginal cultural heritage values
in the Project area include: Environment Protection and Biodiversity Conservation Act 1999, Native Title Act 1993; Australian Heritage Council Act 2003; Aboriginal and Torres Strait Islander Heritage Protection Act 1984; Aboriginal Heritage Act 2006 and Aboriginal Heritage Regulations 2007.
15 See Chapters 5 and 11.7, and the preliminary Aboriginal cultural heritage assessments for the Power Station and gas pipeline (EES Appendix 20 prepared by Andrew Long & Associates Pty Ltd); and for the water pipelines, (Appendix 36 prepared by Tardis Enterprises Pty Ltd).
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Aboriginal places. While there are no registered Aboriginal parties in the
study area, the following local Aboriginal groups have applied for registered
Aboriginal party status:
Framlingham Aboriginal Trust;
Gunditj Mirring Traditional Owners Aboriginal Corporation; and
Kuuyang Maar Aboriginal Corporation.
Consultations with the applicant registered Aboriginal parties during the
CHAs revealed that the project area contains Aboriginal values in the form of
plants commonly used for food and fibre by traditional Aboriginal
communities. No information regarding oral tradition, specific cultural
places or places of significance in the area was provided during the
consultations. Of the three applicant registered Aboriginal parties invited to
comment on specialist reports, one response was received from Framlingham
Aboriginal Trust. The response stated that Framlingham Aboriginal Trust
does not endorse the results and recommendations provided in the specialist
study due to a conflict of belief in the definition of significance and potential
sensitivity (Refer to EES Appendix 20 for the full response). Shaw River
Power and Wannon Water are working with the applicant registered
Aboriginal parties and seeking to address the concerns raised by
Framlingham Aboriginal Trust, through the final CHMP.
No native title claims have been made on the project area.
5.1.3 Discussion and Conclusions
The Panel invited AAV as a member of the Technical Reference Group, to
make a submission and present at the hearing. However, AAV did not make
any submission and there were no submissions raising any concerns relating
to Aboriginal cultural heritage.
The Panel notes that approval of the CHMPs underpins the approval of all
other regulatory processes associated with the project and this establishes an
appropriate framework to manage any issues that may arise.
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5.2 Non-Aboriginal Cultural Heritage
5.2.1 Regulatory Framework
The project area is not affected by any Heritage Overlay under either the
Corangamite or Moyne Planning Schemes.
The Planning Scheme (Clause 52.37) requirement for a planning permit for
works affecting dry‐stone walls applies except along the gas pipeline which
is exempt from the provisions of planning schemes.
5.2.2 EES Assessment - Non-Aboriginal Cultural Heritage
The EES assessment of non‐Aboriginal cultural heritage16 involved desktop
studies, field surveys and significance assessments. The search of
government and non‐government registers did not reveal any non‐
Aboriginal cultural heritage places within the Power Station site, the gas
pipeline alignment or the water pipelines alignment. However, the field
surveys along the pipeline alignments identified:
seven dry‐stone wall complexes (one in the gas pipeline project area and
six in the water pipelines project area);
a bluestone drinking trough in the gas pipeline project area;
a bluestone bridge and culvert outside the water pipelines project area;
and
an area of domestic artefact scatters in the water pipelines project area.
The Strategic EMP and Environmental Management Commitments include
Management Guidelines for heritage places.
The Proponent has committed to minimising impacts on dry‐stone walls. In
some instances temporary removal of dry‐stone walls will be required but it
is proposed to minimise impacts by reducing the width of the construction
right of way in these locations and to re‐instate the walls to reflect former
condition. Temporary fencing to indicate no‐go zones will be erected around
the bluestone drinking trough and domestic artefact scatters to prevent
accidental damage from construction works. There is little potential for
disturbance to these places during operation of the pipelines.
16 See EES Chapter 11.8, the Strategic EMP (EES Attachment 5) and Environmental Management
Commitments (EES Attachment 4). Two non-Aboriginal cultural heritage assessments were undertaken: one for the Power Station site/ gas pipeline alignment (Appendix 20 prepared by Andrew Long & Associates Pty Ltd) and one for the water pipelines alignment (Appendix 36 prepared by Tardis Enterprises).
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Additional non‐Aboriginal cultural heritage field surveys of the Power
Station site and the entire gas and water pipelines alignments, including
subsurface testing along Old Dunmore Road, are proposed prior to
commencement of any works. Impacts on any additional heritage places
found during construction will be reduced by ceasing all works within 5 m of
the affected area until appropriate management is formulated in consultation
with Heritage Victoria.
5.2.3 Submissions and Response
The only submission relating to non‐Aboriginal cultural heritage was the
Shire of Corangamite request that the Corangamite Shire Heritage Study
Volumes 1 and 2 be included as part of the desktop study for non‐Aboriginal
cultural heritage. The Panel notes that the EES has referred to this study
(EES Chapter 11.8.1).
5.2.4 Discussion and Conclusions
The Panel is satisfied with the EES approach to the assessment of Non‐
Aboriginal cultural heritage and with the measures identified to minimise
impacts on heritage places.
As the gas pipeline is exempt from the planning scheme provisions, the
Panel is of the view that a requirement for the protection and re‐instatement
of dry‐stone walls should be included in the construction EMP associated
with the licence under the Pipelines Act 2005.
It is noted that a planning permit is required under Clause 52.37 to remove or
alter a dry‐stone wall for the water pipelines. As removal of native
vegetation from the water pipelines route is proposed to be exempt from the
planning scheme provisions, the Panel is of the view that works affecting
dry‐stone walls should also be exempt under that clause, subject to a
requirement for the protection and re‐instatement being included in the
construction EMPs.
Recommendations
Revise the Clause 52.03 incorporated document to extend exemptions from
permit requirements to alterations and removal of dry stone walls along
the water pipeline alignment.
Ensure Construction EMPs for the gas and water pipelines include
measures to protect and re‐instate dry‐stone walls that may be impacted by
construction.
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6. Health, Safety and Amenity Impacts
6.1 Noise
6.1.1 Regulatory Framework and Policy Context
The Environment Protection Act 1970 (Section 46) requires noise emissions
to comply with state environment protection policies that specify acceptable
conditions for emitting noise and it is an indictable offence to emit
‘objectionable noise’ within the meaning of the regulations (Section 48).
State Environment Protection Policy (Control of Noise from Commerce,
Industry and Trade) No N‐1 (SEPP‐N1) was developed to protect noise‐
sensitive areas in the Melbourne metropolitan region and does not impose
noise limits on industry in regional Victoria. However SEPP N1 does:
provide useful definitions of ‘day’, ‘evening’ and ‘night’;
define the ‘background level’ for each of these periods as the arithmetic
average of LA9017 noise levels for each hour of the period; and
Sets out procedures for background noise monitoring.
Interim Guidelines for Control of Noise from Industry in Country Victoria (EPA, 1989) (the Interim Guidelines) apply specifically to rural areas with
low background noise levels (i.e., less than 25 dB(A) at night or 30 dB(A)
during the day or evening period). For construction noise, the Interim
Guidelines state:
During construction of an industry the daytime limit shall be raised by
10 dB(A) except where this would result in a limit greater than
68 dB(A). In this case the daytime construction noise limit shall be
68 dB(A). Limits for other time periods shall be the same as those set for
the ongoing industrial operation.
SPPF Clause 15.05 states that decision‐making by planning and responsible
authorities must be consistent with any relevant aspects of the Interim
Guidelines.
The EPA Noise Control Guidelines (EPA, 2008b) also deal with construction
site noise (see Chapter 6.1.8).
17 LA90 represents the lowest 10% of the noise in the hour.
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As outlined above there are a number of policies and guidelines that could
be applicable to or used for the determination of appropriate noise criteria
for the project.
For rural areas, background levels can be very low, even in areas zoned for
industrial and commercial activities. The Interim Guidelines apply
specifically to rural areas with low background noise levels (i.e., less than
25 dB(A) at night or 30 dB(A) during the day or evening period. The Interim
guidelines establish maximum noise levels of 45 dB(A) during the day,
37 dB(A) during the evening, and 32 dB(A) at night at residential premises.
The recent EPA Draft Guidelines ‘Noise from Industry in Regional Victoria’, like SEPP N1, propose a zoning based procedure to determine
recommended maximum levels in rural areas with low background noise
levels. Using these Draft Guidelines, and on the basis that the noise is
generated in a SUZ and sensitive receptors are in a Farming Zone, the
relevant limits would be: 50 dB(A) during the day, 45 dB(A) during the
evening, and 40 dB(A) at night.
6.1.2 EES Assessment and Evidence – Noise Criteria
The EES documents the methodology and findings of the noise assessments
for the Power Station, compressor station and gas pipeline18 and the water
supply infrastructure19. Mr Turnbull, who was the primary author of the
Power Station and pipeline assessments provided at the Hearing,
summarised the noise assessments and responded to submissions that raised
noise related issues. Mr Pavasovic, who prepared the noise assessment for
the water infrastructure, was available to attend the Hearing but the Panel
advised it would rely on the material in the EES.
Background (LA90) noise levels have been monitored on the basis of SEPP
N‐1, at selected sensitive receptor locations near to the Power Station,
compressor station, water pipelines, Port Fairy recycled water treatment
plant and Port Fairy water treatment plant sites.
These background levels were almost all below 25 dB(A) at night; hence the
Interim Guidelines classify the areas near the Power Station and compressor
site areas as generally having the potential for ‘very low’ background noise.
Because the Power Station, compressor station and recycled water treatment
plant and pump stations may operate at any time of the day or night, the
appropriate and critical criterion to be applied to these facilities under the
18 EES Appendices 13 and 14 19 EES Appendix 33
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Interim Guidelines is the night‐time noise limit of 32 dB(A) measured at the
nearest sensitive receptor.
EPA generally supported this approach in its written submission.
The EPA publication - A guide to the measurement and analysis of noise
states:
‘Weather conditions can markedly affect the noise level received at a noise
sensitive area. This is particularly important when the level is low and
the distance between the noise sensitive area and the source exceeds 200
metres. When it is believed that the noise received at the noise sensitive
area is affected by weather conditions, then a derived point may be used.
It is advisable to use this point in all cases where the noise source is more
than 500 metres from the noise sensitive area because weather conditions
are likely to be the major source of variability in the noise level at this
distance.
Where a suitable derived point is not available, Policy N‐l requires three
measurements to be taken within a 30 day period at the noise sensitive
area; this is used as an alternative to the derived point method to account
for the variability in received noise caused by weather conditions.’
The EES and Mr Turnbull’s evidence acknowledged the requirements of the
Interim Guidelines and used the CONCAWE weather categories20 to predict
noise levels at the sensitive receptors under different meteorological
conditions and as a basis for monitoring. The EES proposed noise criteria for
the Power Station and the compressor station measured at the closest
sensitive receptor at night, being:
32 dB(A) measured under neutral meteorological conditions (CONCAWE
Category 4); and
34 dB(A) when measured under worst case meteorological conditions
(CONCAWE Category 6).
According to Mr Turnbull, the proposed monitoring methodology provides a
more robust and more readily verifiable method than the current SEPP N1
methodology. It is based on consideration of 12 months of weather data, the
percentage of time each weather category occurred for the sensitive receptor,
compared with the SEPP methodology of averaging 3 measurements taken
over a 30‐day period. In addition, these criteria have been used for similar
projects (eg Mortlake Power Station).
20 The weather categories are based on wind speed, wind direction, time of day, and level of cloud
cover.
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6.1.3 Submissions and Proponent Response - Noise Criteria
The EPA’s written submission noted that, while there are no statutory noise
criteria that apply outside Metropolitan Melbourne, it has a general power
and duty to protect the environment through tools such as Works Approvals
for new works and Pollution Abatement Notices. EPA’s submission and
questioning of Mr Turnbull by Mr Nancarrow on behalf of EPA, made the
following key points:
the noise assessment notes that the background level is not below
25 dB(A) at receptor 107. Nevertheless, it adopts the very low assumption
that the background level goes below 25 dB(A) during the night period
(but not when averaged in accordance with the definition of ‘background
level’ under SEPP N‐1)to determine the design target relevant as the
modelling basis (discussed below). It was noted that this basis for
modelling may need review;
under SEPP N‐1 the noise indicator is a 30‐minute average, and where
propagation of noise is affected by atmospheric conditions then the noise
is measured as the average of three measurements in 30 days (clause 6 of
part A 2 of Schedule A of SEPP N‐1);
where atmospheric conditions provide a frequent enhancement of noise
at a receiving location then the representation of the average of the three
highest measurements attainable in a 30 day period is well represented by
the worst case CONCAWE Category 6 conditions. Where the degree of
atmospheric enhancement is not as clear, then EPA’s advice in other cases
has been that noise should be modelled under weather conditions that
favour propagation of noise no more than 20% of the time after
examining the distribution of weather conditions at a site;
there are a number of uncertainties with the Proponent’s assessment of
noise impact of the Power Station and EPA believes that the noise
modelling basis for the Power Station needs some review; and
although clarification on modelling is needed, other factors are equally
important to consider in regard to whether reasonable outcomes are
achieved:
no statutory noise criteria exist in regional Victoria;
N3/89 does not specify Location 109 as being in a ‘very low’
background environment and the limit of 32 dB(A) is not
automatically adopted under the interim guidelines;
as non‐statutory criteria, the reasonableness of the noise impact in
terms of the potential for alternative sites is important; and
the practicability of noise control options to further reduce noise
levels; the Proponent has stated that Option 1 will employ
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‘commercially available’ noise control and Option 2 will require
additional noise control with its open cycle turbine.
The EPA noted:
setting numerical noise level targets at receptors in Works Approvals and
licences can be problematic and may lead to perverse outcomes.
Proponents may be required to spend money on additional attenuation
measures just to achieve a number, irrespective of whether non‐
compliance with the noise level is a perceptible problem or not; and
current EPA preference is not to set noise level to be achieved at sensitive
receptors in Works Approvals. The example of the Works approval
issued to Woodside Energy Ltd (WA66800) was given as the best
example of the current EPA Approach. In this Works Approval,
Woodside must undertake during commissioning noise monitoring of the
compressor and other equipment at source to assess compliance with the
noise emissions and specifications listed in the Works Approval
application. These noise emissions relate to the equipment and not noise
levels at sensitive receptors.
At the Hearing Mr Frame indicated that the EPA had agreed with the
Proponent on both the methodology used to develop the criteria and the
numerical criteria used in the EES.
The Corangamite Shire noted that compliance with the proposed noise
guidelines will potentially cause annoyance to some residents. As expected
for a rural community, the existing background level is low (less than
25 dB(A) and the proposed the operational noise level of 34 dB(A) is an
increase of 2 dB(A) above the current EPA acceptable level of 32 dBA. Thus a
nine decibel increase would be permitted, which is very significant. It is
council’s experience that 34 dB(A) is unacceptably high for the area of the
compressor station, and 32 dB(A) will still be significantly high for the
residents within the region. The Shire submitted that the compressor station
be insulated to a greater degree to reduce nuisance noise at nearby
residences.
The Morgan‐Paylers submitted that the Schedule to the SUZ should specify
an EMP requirement to comply with the noise limits specified in the EPA
Interim Guidelines.
In further evidence, Mr Turnbull made the following key points:
the operational criteria adopted for the project were developed and
adopted in consultation with the EPA through the Technical Reference
Group process;
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the adopted criteria are 32 dB(A) in neutral weather conditions and
34 dB(A) in worst case weather conditions. The most stringent criterion
in the Interim Guidelines is a night time criterion of 32 dB(A). Although
meteorological conditions are not defined in the Interim Guidelines,
SEPP No N‐1 requires an average of noise levels to be measured. In these
circumstances, use of neutral weather conditions to achieve the non‐
mandatory criterion of 32 dB(A) is considered to be appropriate;
notwithstanding assessment against the Interim Guidelines, under the
recently released Draft Guidelines ‐ ‘Noise from Industry in Regional
Victoria’ would result in limits of 46 dB(A) during the day, 41 dB(A)
during the evening and 36 dB(A) at night. The most stringent of these is
less stringent than the 34 dB(A) criterion adopted;
for most people, a difference in noise level of 2 dB(A) would be barely
discernable, a difference of 3 dB(A) would be detectable, and a difference
of 10 dB(A) would be a doubling of the noise; and
the adopted criteria would be used to determine the design of the
facilities and the necessary acoustic treatments required to achieve those
levels. In his opinion, the proposed equipment and acoustic treatment
would meet the criteria, but more could and would be done ‐ at a cost – if
required.
Mr Power strongly opposed specifying noise performance standards in the
planning scheme (see discussion in Chapter 12).
6.1.4 Discussion and Conclusions – Noise Criteria
The Panel notes that wind energy facilities in the region (and potentially in
the immediate vicinity of the subject site) have night‐time noise limit set at
40 dB(A). This is substantially higher than the limit proposed for the Power
Station and compressor station. Further, the most recent EPA view
regarding noise in quiet rural areas, expressed in the Draft Guidelines, also
suggest a higher noise limit than either the Interim Guidelines or the limits
proposed for the project.
The Panel notes with some concern the range of guidelines that can be used
to establish noise criteria in rural areas with very low night‐time background
noise levels. The Panel is also concerned that the EPA provided differing
views in its written submission to those previously agreed with the
Proponent through the TRG process, and provided verbally to the Panel. In
this context it is difficult to establish a clear and acceptable methodology to
determine appropriate noise criteria.
Notwithstanding the above, the Panel has considered the material and expert
opinion provided and believes that there is an adequate and appropriate
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basis for the noise criteria that have been adopted in the EES. Further, the
Panel does not believe that there is any significant basis for further review of
the modelling methodology as suggested in the EPA written submission.
The use of the CONCAWE weather categories provides a more robust and
more readily verifiable method than the current EPA methodology. It is
based on consideration of 12 months of weather data, the percentage of time
each weather category occurred for the sensitive receptor, compared with the
SEPP methodology of averaging 3 measurements taken over a 30‐day period.
While acknowledging that there will be some noise impacts in areas of very
low background noise, the criteria provide a conservative approach to the
setting of criteria for the project. The Panel accepts that the limits adopted
will mean noise from the power and compressor stations would be audible
but would not disrupt normal residential activities, including during the
night time period. The Panel considers the appropriate noise criteria for the
Power Station and compressor station operations to be achieved at the
nearest sensitive receptors should be:
32 dB(A) when measured under neutral meteorological conditions
(CONCAWE Category 4); and
34 dB(A) when measured under worst case meteorological conditions
(CONCAWE Category 6).
Regulatory mechanism to ensure compliance with the noise criteria is
discussed in Chapter 11.
6.1.5 EES Assessment and Evidence - Power Station, Compressor Station and Recycled Water Treatment Plant Operation Noise
According to the analysis provided in the EES, with appropriately designed
noise attenuation measures, compliance with noise criteria adopted will be
achieved for both options of power station operation (See Figure 4 below).
On the basis of the modelling there is no additional attenuation required for
the combined cycle turbines in order to meet the criteria. However the
combined noise from one open cycle and the two combined cycle gas
turbines would exceed the criteria with the above sound power levels
without additional noise attenuation beyond the typical low noise design
acoustic treatment provided for the modelled open cycle turbine. The
additional noise attenuation requirements are expected to be achievable by
applying commercially available noise attenuation techniques including the
use of inlet and exhaust silencers and equipment enclosures.
Modelling of the noise from the operation of the proposed compressor
station, with the option for acoustic treatment provided by the manufacturer,
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also predicts compliance with the noise criteria adopted for the project (see
Figure 5 below).
For the RWTP, the noise emissions assessment indicates that modelled noise
emissions operations will meet the applicable operational noise criteria at the
identified nearest sensitive receivers and at the 300 m buffer. This is
provided that equipment noise emissions are considered in the design of the
proposed works and noise control measures such as buildings with concrete
walls as outlined in the EES are incorporated into design.
Figure 4 Power Station Noise Contours (weather category 6)
Figure 5 Compressor Station Noise Contours (weather category 6)
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6.1.6 Submissions and Proponent’s Response – Power and Compressor Station Operation Noise
The Morgan‐Payler Family expressed concerns about increased noise from
the project (predicted to be up to 25 dB(A)). They sought noise attenuation
measures on their land and post construction noise measurements to confirm
the predicted noise levels.
Mr Turnbull responded that an outdoor noise level of less than 30 dB(A), as
expected at the Morgan‐Payler property, is well below the level suggested by
any authority for the consideration of impacts and does not warrant noise
control measures. He noted that the noise control measures proposed on the
Power Station site have effectiveness in maintaining indoor and outdoor
amenity for all sensitive receptors.
The Corangamite Shire acknowledged that noise modelling for the
compressor station suggests compliance with noise limits adopted for the
project but, as noted above, the guidelines were questioned and it was
submitted that the Limits in the Interim guidelines should be maintained.
Council noted that the EES states that for the compressor station area, at SR
58, the minimum background noise level for during the day was 40 dB(A),
which it considered surprising, as the site is located in open farmland, and
not near any major roads.
Shirley Nicholls and Moyne Shire submitted that the cumulative impacts of
noise from the adjacent uses needs to be assessed (see Chapter 10). Moyne
Shire also submitted that detailed enforceable protocols provided to enable
any such issues, if they arise, be satisfactorily resolved.
6.1.7 Discussion and Conclusions - Power and Compressor Station Operation Noise
The Panel is satisfied that with appropriate design and operation, the Power
Station under either configuration can meet the noise criteria adopted for the
project. The Panel also considers that with appropriate design and operation
the Compressor Station can meet these noise criteria.
As discussed in Chapter 6.1.10, noise should be measured during
commissioning at nearby residences to the Power Station (including the
Morgan‐Payler residence) and compressor station in order to confirm
compliance with noise limits. The results of this noise monitoring program
should be made available to the occupiers of the respective residences, the
Responsible Authority and the EPA.
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6.1.8 EES Assessment and Evidence – Noise from Construction Activities
Evidence from Mr Turnbull indicated that as the construction of the power
and compressor stations is likely to occur over an extended period, it is
appropriate to ensure that noise levels at nearby sensitive receptors achieve
the noise criteria as set down by Interim Guidelines N3/89.
Based upon the existing background noise levels measured in the vicinity of
the site, the Interim Guidelines result in noise criteria for the construction of
the power plant of 55 dB(A) during the daytime (7am to 6pm), 37 dB(A)
during the evening (6pm to 10pm), and 32 dB(A) at night (10pm to 7am),
when measured at sensitive receptors in the vicinity.
The EPA Noise Control Guidelines which also deal with construction site
noise, with limits (are summarised in the Table below) that vary slightly
from the recommendations contained in the Interim Guidelines.
Table 1 EPA Noise Control Guidelines recommended Construction Noise Limits
(Source EES Table 11.1)
It was further noted that when considering noise levels associated with the
construction of the pipelines, construction activities would be expected to
occur in the vicinity of any one particular sensitive receptor for periods no
greater than one or two weeks, with sporadic vehicle movements along the
pipeline corridor at other times. It is noted that this level of acoustic impact
on a sensitive receptor would be similar to the level of impact from many
farming operations near sensitive receptors. In these circumstances, it is
considered more appropriate to ensure that work practices at sensitive
receptors in the vicinity of the pipelines are in general accordance with the
requirements of the Noise Control Guidelines.
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6.1.9 Discussion and Conclusions – Noise from Construction Activities
The Panel accepts that noise sensitive receivers may potentially be impacted
by construction activities. The EES identified the restrictions on construction
activities and construction noise management measures which should be
included in the Construction EMPs for the project. These mitigation
measures should be implemented and all potentially impacted residents
should be informed of the nature of the works, expected noise levels,
duration of works and a method of contact.
The noise impacts of the construction of the gas and water pipelines should
be managed under the EPA Noise Control Guidelines (Publication 1254:
October 2008, and in particular:
other than in unusual circumstances, the gas pipeline construction
activities should be restricted to 6am. to 6pm, seven days per week
(noting lower noise threshold requirements for activities conducted on
Saturdays and Sundays). Early‐morning activities from 6.00 to 7.00 a.m.
should be restricted to low‐noise work, such as vehicle arrivals and
toolbox meetings; and
water pipelines construction activities should be restricted to 7am to 6pm
Monday to Friday, and 7am to 1pm on Saturdays.
Due to the extended nature of the construction of the Power Station,
compressor station, recycled water treatment plant and pump stations, the
noise impacts should be managed under the Interim Guidelines n3/89 and
meet the criteria when measured at sensitive receptors in the vicinity:
- 55 dB(A) during the daytime (7am to 6pm);
- 37 dB(A) during the evening (6pm to 10pm); and
- 32 dB(A) at night (10pm to 7am).
These requirements should be incorporated into the respective Works
Approvals and Construction EMPs for the project.
6.1.10 Noise Monitoring And Complaints Procedures
The EES outlines noise monitoring procedures and proposes remedial action
in the event that noise levels exceed noise objectives for the project. It states
that Shaw River Power will investigate and act on noise complaints received
during project operations. Monitoring may be required at the sensitive
receptor concerned to determine whether noise limits are being breached.
Accidences of noise limits will trigger action to identify the cause and take
steps to remedy the impact.
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Mr Chessell for the Morgan‐Payler family submitted that the Proponent
should be strongly held to account to meet the noise criteria. Specifically, he
proposed that:
Noise monitoring should be required as follows (as a minimum) at
various sensitive noise receptors in the vicinity of the site (including the
Morgan‐Payler premises):
- on a monthly basis during construction of each stage of the
facility;
- on a quarterly basis during the operation of the facility; and
Circulation of the results of those measurements to the relevant
landowners and to the Responsible Authority should occur within one
week of the measurements being taken.
In addressing this issue, Mr Frame from EPA submitted that it routinely
investigates complaints and reports back to complainant on the outcome of
its investigations. Where problems are identified, these can be addressed
through a Pollution Abatement Notice. The Environment Protection Act 1970
does not envisage third party enforcement. It provides for criminal not civil
proceedings.
Mr Guest from the Moyne Shire submitted:
the EES scoping requirements foreshadowed the need for a monitoring
and dispute resolution procedure. Exactly how this is envisaged to work
is yet to be resolved for this proposal, and will also need to have the
capacity to deal with interactions with other developments if and when
they are constructed; and
Section 13(a) of the Planning and Environment Act 1987 states that
enforcement responsibilities rest with the local council, unless the
planning scheme specifies another person as the responsibility authority.
As such, a local council has primary responsibility for enforcement of the
planning scheme and permit conditions. In this case other agencies have
a role, eg the EPA.
The EPA noted that a community monitoring program can provide a
community forum in which to raise the broadest range of issues associated
with the Power Station.
The Panel agrees with submissions that compliance with noise limits should
be verified by a suitably qualified person as each stage of the project is
completed and commissioned. It is actual noise levels at key locations and
the consequential effect on amenity that is of concern, rather than the
accuracy of modelling inputs, which appeared to be the focus of the EPA
suggestions relating to verification of noise production from equipment used
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in the project. The purpose of compliance monitoring and enforcement is to
control noise levels, not to review assessment methods.
The outcome of this monitoring should be provided to the relevant Council,
the EPA and the residents of the house where monitoring took place. It
should also be available on request to members of the public. The Panel
endorses the Shire of Moyne initiative in establishing a forum for liaison
between the local community and relevant agencies, including EPA. This
process should ensure noise complaints are responded to promptly and noise
monitoring results are publicly available (See Chapter 11.2.4 for discussion of
Complaint Management).
Recommendations
Include restrictions on construction activities and construction noise
management measures to the satisfaction of EPA and the Responsible
Authority in the Construction EMPs for the project.
Inform residents of the nature of the works, expected noise levels, duration
of works and a method of contact.
Manage the noise impacts of the construction of the gas and water
pipelines under the EPA Noise Control Guidelines (Publication 1254:
October 2008, and in particular:
Other than in unusual circumstances, the gas pipeline construction
activities should be restricted to 6am to 6pm, seven days per week
(noting lower noise threshold requirements for activities conducted on
Saturdays and Sundays). Early‐morning activities from before 7am
should be restricted to low‐noise work, such as vehicle arrivals and
toolbox meetings.
Water pipelines construction activities should be restricted to 7am to
6pm Monday to Friday, and 7pm to 1pm on Saturdays.
Implement the following noise limits at the nearest residence in the EPA
Works Approval and the EMPs for the Power Station and compressor
station:
operational noise:
34 dB(A) under worst case weather, (CONCAWE Category 6);
32 dB(A) under neutral weather (CONCAWE Category 4); and
construction noise:
55 dB(A) during the daytime (7am to 6pm);
37 dB(A) during the evening (6pm to 10pm); and
32 dB(A) at night (10pm to 7am).
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Monitor noise at the sensitive receptors nearest to the Power Station and
compressor station under representative conditions during the
commissioning of each stage of the project to confirm compliance with the
criteria.
Make the results of any noise monitoring of the project and responses to
noise complaints available to the community liaison forum.
6.2 Air Quality
The principal emissions to air of the project arise from:
the operation of the Power Station for the two options for the Power
Station configuration at Stage 3:
- Option 1: Three combined‐cycle gas turbines (CCGT); and
- Option 2: One open‐cycle gas turbine (OCGT) and two combined‐
cycle gas turbines.
the operation of the compressor station; and
fugitive dust during construction of the Power Station, compressor
station and recycled water plant and the gas and water pipelines.
Other issues addressed in the EES and submissions related to the potential
for impacts of combustion gases on drinking water supplies, and for odour
emissions.
6.2.1 Regulatory Framework and Policy Context
The legislation and guidelines relevant to controlling air quality impacts
during construction and operation of the project are:
Works approvals and discharge licenses are required under the
Environment Protection Act 1970, which is administered by the EPA;
The State Environment Protection Policy (Air Quality Management) (SEPP
AQM) (Victorian Government, 2001) protects air quality in Victoria
through a combination of quality objectives for specific indicators (such
as pollutants, dust and odour emissions) that can be applied to the
design, construction and operations phases of the project;
The State Environment Protection Policy (Ambient Air Quality) (Victorian
Government, 1999) (SEPP(Ambient Air Quality)) sets air quality
objectives and goals for Victoria;
Victoria’s Best Practice Environmental Management: Environmental Guidelines for Major Construction Sites (EPA, 1996) provides guidelines for dust
control during construction but do not specify air quality criteria;
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The Australian Pipeline Industry Association Code of Environmental Practice
(APIA, 2009) provides generic guidelines for the control of emissions to
air, including dust, during the construction of the pipelines; and
The Australian Water Quality Guidelines (Australian Government, 2004)
provide a framework for good management of drinking water supplies
that will assure safety at point of use.
6.2.2 EES Assessment and Evidence - Air Emissions
Power Station
In the EES emissions of carbon monoxide (CO) and oxides of nitrogen (NOx)
have been assessed. Emissions of other pollutants were acknowledged, but
the quantities of emissions were considered to be insignificant, and their
impacts were not assessed. Mr Ormerod has assessed the potential impacts
of other pollutants and his findings were presented to the Hearing.
Ground‐level atmospheric concentrations of CO and NO2 were assessed
against the air quality ‘design criteria’, sourced from the SEPP(Air Quality
Management):
Nitrogen dioxide (NO2)–190 μg/m3 (0.1 ppm), 1 hour average, 99.9th
percentile; and
Carbon monoxide (CO)–29,000 μg/m3 (25 ppm), 1 hour average, 99.9th
percentile.
The impact assessment modelling was conducted in accordance with the
requirements of Schedule C, Modelling Emissions to Air, SEPP‐AQM, and in
consultation with EPA.
Atmospheric dispersion modelling using the regulatory model Ausplume
was undertaken to predict the potential impact of emissions to air of oxides
of nitrogen and carbon monoxide for the following cases:
Shaw River Power Station – Option 1 (3 x CCGTs): Normal (100 & 60%
Load) & Start‐up Operations; and
Shaw River Power Station – Option 2 (1 x OCGT + 2 x CCGTs): Normal
(100% Load) & Start‐up Operations.
The results of the air impact assessment demonstrate that the ground level
concentrations for all cases considered will comply with the relevant health‐
based ambient air design criteria in SEPP‐AQM as indicated in Table 2
below.
In evidence provided by Mr Ormerod, the impacts of pollutants not
considered in the EES were evaluated, based on Victorian EPA air quality
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guidelines and the estimated maximum concentration of each pollutant at
sensitive receptors. He concluded that the ground level concentrations of all
of the emissions substances are well below the SEPP AQM guideline levels.
Table 2: Predicted 1‐hour Average ‘Maximum’ Ground Level Concentration –
Power Station Option 1, Option 2 and Compressor Station
(Source” Derived from EES Tables)
(3 x CCGTs) ‐ Normal Operations, 100% Load Indicator Maximum (99.9
percentile) Predicted Ground Level Concentration (μg/m3)
Worst-affected Residential Property (99.9 percentile) Predicted Ground Level Concentration (μg/m3)
Design Criterion (μg/m3)
Compliance Status
Predicted 1‐hour Average ‘Maximum’ Ground Level Concentration – Power
Station Option 1 Nitrogen
Dioxide (NO2) 46.1 27.6 190 Yes Carbon
Monoxide (CO)
154.8 139.7 29,000 Yes
Predicted 1‐hour Average ‘Maximum’ Ground Level Concentration – Power
Station Option 2 Nitrogen
Dioxide (NO2) 38.7 24.3 190 Yes Carbon
Monoxide (CO)
148.7 137.0 29,000 Yes
Predicted 1‐hour Average ‘Maximum’ Ground Level Concentration –
Compressor Station ‐ Normal Operations Nitrogen
Dioxide (NO2) 64.7 25.5 190 Yes Carbon
Monoxide (CO)
224 145 29,000 Yes
Compressor Station
As for the Power Station, the EES assesses emissions of carbon monoxide
(CO) and oxides of nitrogen (NOx). Ground‐level atmospheric concentrations
of CO and NO2 were assessed against the air quality ‘design criteria’, sourced
from the SEPP Air Quality Management. The air impact assessment
demonstrated that the ground level concentrations for all cases considered
will comply with the relevant health‐based ambient air design criteria as
indicated in Table 2 above.
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A cumulative assessment of all sources (ie existing Otway, Minerva and Iona
gas plants and the proposed compressor station) was also conducted for NO2
concentrations, with the results demonstrating compliance with the design
criteria (see below).
Construction of the Power Station, Compressor Station, Recycled Water
Treatment Plant the Gas and Water pipelines
The EES indicates that it is possible that construction of the Power Station,
compressor station, recycled water treatment plant and pipelines could result
in fugitive dust emissions that could affect sensitive receptors, if dust control
measures are not properly implemented.
According to the EES and Mr Napier’s evidence, the Proponent and its
contractors will base EMPs on the recommendations in EPA Victoria’s
Environmental Guidelines for Major Construction Sites and the APIA
Code of Environmental Practice.
The Potential Impact of Air Emissions on Domestic Water Supplies
PAEHolmes analysed the potential impact of air emissions on domestic
water supplies. Contamination of rain employed for human consumption
with atmospheric pollutants can cause health problems – if the resultant
concentrations in the collected water exceed relevant drinking water
guidelines.
The pollutants emitted with potential to impact drinking water quality are
NOx which can react to form nitrite (NO2‐) and nitrate (NO3‐) in water. The
Australian Drinking Water Guidelines (ADWG 2004) are set by the National
Health and Medical Research Council and are based on a maximum safe
level of intake through ingestion of drinking water over a lifetime. The
detailed analysis undertaken in the EES (Appendix 12) concluded:
that based on the conservative assumptions used in the assessment, the
dissolution of NO and NO2 into dissolved phase nitrite and nitrate would
result in levels that are orders (and in some cases many orders) of
magnitude less than the levels in the Australian Drinking Water Guidelines
(2004); and
the emissions from the Power Station do not have the potential to cause
rainwater contamination at any nearby residences.
Recycled Water Treatment Plant
The EES assessment of odour emissions from the proposed recycled water
treatment plant to be constructed at the Port Fairy water reclamation plant
concluded that:
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the risk of increased odour emissions from the reverse osmosis facility
impacting on nearby residents will be minimised by housing processes
within the recycled water treatment plant building and by monitoring the
treatment system;
any odour from the exposed water surfaces in the RO plant will be
minimal compared to the other odour sources in the plant; and
air quality will be managed according to the SEPP AQM.
There will be an extension to the existing buffer zone around the Port Fairy
water reclamation plant to accommodate the addition of the recycled water
treatment plant and reverse osmosis facility. As a 300‐m buffer already
encompasses most of this area, the total increase in buffer zone area around
the site will be 3.88 ha to the north west of the site, a total increase in buffer
area of 1%.
6.2.3 Submissions - Air Emissions
The Morgan‐Paylers expressed concern about the increase in dangerous air
emissions and requested that the Development Plan required under the
SUZ2 should include a requirement to regularly monitor the air emissions
and to provide air purification systems to the house situated on the land if
necessary.
The Proponent responded that the impact assessment modelling
demonstrates compliance with the relevant ambient design criteria in SEPP
AQM at all locations, including at the ‘Myndarra’ property (sensitive
receptor #102), with the scale of the impacts indicating that ambient air
monitoring is not required. The modelling results are based on conservative
assumptions with the highest of the resulting predictions at #102 being less
than 16% of the ambient design criterion (29.7 μg/m3 of NO2 under start‐up
conditions).
Corangamite Shire noted that there is no reference to potential adverse air
quality impacts other that during the construction stage. The Shire stated
that the figures for NO2 and CO emissions are based on the modelling of a
certain type of power station to be built but this could change. Council
requested compliance with the relevant SEPP and on‐going EPA Licence
compliance.
The Proponent responded that operational air quality assessments were
carried out and presented in the EES. The expert evidence (well as the EES
itself21) indicate that SEPP (AQM) will be complied with, and of course Shaw
21 Pages 11-20
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River Power will need to comply with any Works Approval or Licence
issued by EPA.
The EPA written submission and Mr Frame’s verbal submission highlighted
the following points:
if a peaking power station (open cycle) is approved, the EPA has insisted
that the energy be recovered from the fuel and the pollutants produced
per unit of electricity (best practice) be minimised; the EPA has also
requested that when a peaking station is operated for extended periods,
consideration be given as to whether it is practicable to convert the
peaking power station into a combined cycle power station;
emissions of NOx are minimised from gas turbines by the application of
NOx control technology and it has been usual to apply dry low NOx
technology to large turbines. It is understood that the turbines for the
Power Station proposed have dry low NOx burners, but there may be a
slight energy penalty with this technology;
the turbine and compressor technologies proposed in the EES are
generally considered to satisfy the ‘best practice’ test, but this would be
confirmed when the actual equipment to be used is identified;
modelling of the key air emissions has been undertaken using EPA’s
approved model, Ausplume and applied according to the SEPP (AQM).
The assumptions used in the modelling are conservative and include an
appropriate estimate of emission rates based on a worst case scenario
during normal operation;
the modelling in the EES indicates that the air emissions will meet the
design criteria of the SEPP (AQM) for both the Power Station and the
compressor station; and
for the Recycled Water Treatment Plant the most likely impact is odour
and it is expected that there will be a minimal increase in odour.
6.2.4 Discussion and Conclusions - Air Emissions
The Panel notes the EPA’s comments regarding open cycle plants not
necessarily meeting best practice, but it is also noted that the project
proposes staged implementation to meet market demand and the conversion
from open cycle plant to closed cycle over time.
The Panel accepts the EES assessment, the evidence and the EPA advice that:
the turbine and compressor technologies proposed in the EES are
generally considered to satisfy the ‘best practice’ test to be applied by
EPA;
the results of the air impact assessment of emissions from the operation of
the Power Station and compressor station demonstrate that the ground
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level concentrations for all cases considered will comply with the relevant
health‐based ambient air design criteria in SEPP‐AQM;
there will be a minimal increase in odour from the Recycled Water
Treatment Plant;
the emissions from the Power Station do not have the potential to cause
rainwater contamination at any nearby residences;
cumulative impacts at the sensitive receptors near the compressor station
are dominated by the emissions from the existing adjacent sources
(particularly from the Iona and Otway Gas Plants), but the resulting
cumulative impacts are predicted to comply with relevant design criteria
in the SEPP (AQM); and
while there is a potential for cumulative effects in relation to air quality
from the proposed Tarrone power station, it is likely that any increase
will be small, and the resulting impacts will comply with the requirement
of the SEPP (AQM).
Dust from construction of the Power Station, compressor station, recycled
water plant, gas pipeline and water pipelines can and should be managed
through Construction EMPs based on the recommendations in EPA
Victoria’s Environmental Guidelines for Major Construction Sites and the
Australian Pipeline Industry Association Code of Environmental Practice.
6.3 Safety
6.3.1 Regulatory and Policy Framework
The DPI submission noted that the construction and operation of the gas
pipeline (including the compressor station) is regulated by the Pipelines Act
2005, in conjunction with Energy Safe Victoria (ESV). Ms Hendricks advised
that ESV would be the authority responsible for reviewing and approving
the safety aspects of the gas pipeline.
Mr Power noted that consent is required under Occupational Health and Safety
Act 2004. Under the Act, Registration or a Licence to Operate a Major
Hazard Facility must be obtained from the AEMO prior to operating the
Power Station. The Safety Case for the Power Station will be informed
through the EES, and the development of appropriate training packages and
implementation plans, including occupational health and safety management
plans and emergency response plans.
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6.3.2 EES Assessment - Safety
EES Appendix 22 presents the Preliminary Hazard and Risk Assessment for
the Power Station and gas pipeline. This study was to identify the nature
and scale of hazards that might be present during the construction,
operational life and decommissioning phase of the proposed power station,
gas pipeline and compressor station. The key hazards identified were: bush
fires as a potential from a ruptured pipe, disruption of infrastructure during
construction of the gas pipeline and traffic accidents due to the increased
traffic volumes during construction.
EES Appendix 38 presents the preliminary hazard analysis for the water
pipelines and associated water infrastructure. Key hazards identified
included: chemical spills at the treatment plant, disruption of infrastructure
during construction of the pipeline and water damage from a burst of the
water mains.
The EES advised that, as Shaw River Power is a wholly owned subsidiary of
Santos, the Santos EHSMS 22 will be adopted as the basis for managing the
construction and operation of the Power Station, gas pipeline and associated
infrastructure. The contracting strategy will require the major contractors for
the project to maintain systems that reflect the requirements of the Santos
EHSMS and that these requirements form part of the project EHSMS. The
environmental, health, safety and security systems of the major contractors
will be audited prior to final contractor engagement.
Wannon Water’s standards and procedures for environmental management
will provide the framework for the management of the water pipelines and
associated water infrastructure at Port Fairy. The contractor appointed for
the construction of the water pipelines and associated infrastructure will
adopt Wannon Water’s standards, in addition to their own environmental
management standards, to ensure a high level of environmental
performance.
From a legislative perspective safety aspects of the gas pipeline [and
compressor station] are addressed in the Pipeline Regulations 2007 as
summarized by Mr Power below:
Before carrying out any pipeline operation (including the construction of
the pipeline) licensees are required to provide a Safety Management Plan
to Energy Safe Victoria23. These plans must identify the public safety
risks, specify what the licensee proposes to do to eliminate or minimise
22 Attachment 5 to the EES 23 Section 126.
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those risks, and set out the matters specified in Part 6 of the Pipeline
Regulations 2007.
The pipeline operation cannot commence until the Safety Management
Plan has been accepted by Energy Safe Victoria in writing. Energy Safe
Victoria must not do so unless it is satisfied that the licensee has, in
preparing the plan, consulted any person who owns, occupies or manages
the land on which the pipeline operation is to be carried out.
These plans must be reviewed by the licensee every five years, and the
outcome of the review must be reported to Energy Safe Victoria within
28 days of completion of the review.
It is a criminal offence to carry out a pipeline operation without an
approved Safety Management Plan24 and for a licensee to breach the
plan.25
6.3.3 Submissions and Proponent Response
DPI submitted that the Construction EMP and Operations EMP should be
used as the main regulatory documents to capture safety conditions for the
gas pipeline. The Proponent strongly supported this position.
Corangamite Shire Council highlighted:
the need for emergency management training for local SES/CFA and
others involved in disaster planning and emergency response; and
the potential impact of road closures during the declared Fire Danger
Period may impact on the CFA’s operational response for incidents in the
vicinity of construction work.
Mr Guest of Moyne Shire advised of concerns in relation to emergency
evacuation/response issues associated with a construction camp in the event
of a bush fire.
The CFA raised the issue of work permits associated with construction work
on declared days of Total Fire Ban in its submission. However the issue of
training was not specifically raised, nor was emergency response issues
associated with either the Power Station or a construction camp.
The EES and Mr Napier acknowledged the need for further consultation with
emergency service providers, including the Country Fire Authority (CFA)
and SES, in the preparation of emergency response procedures, emergency
management plans, and the identification of implications for upgraded
24 Section 127. 25 Section 129.
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infrastructure or additional training. The need to notify the CFA of any road
closures during the Declared Fire Danger Period was also noted, together
with the desirability of avoiding road closures on total fire ban days (where
possible).
6.3.4 Discussion
The Panel did not receive a submission from ESV and has therefore had to
rely on the submissions from the Proponent and the DPI that ESV will ensure
appropriate safety requirements etc for the gas pipeline and compressor
station.
The Panel noted that the preliminary HAZID analysis (Appendices 22 and
38) identified that safety impacts could be appropriately managed through
the development of Construction Safety Plans, and Construction and
Operations EMPs. However the Panel has some concerns related to the
omission of discussion in the EES in relation to setback distances for future
development along the gas pipeline. The Panel further notes that Part 6 of
the Pipeline Regulations specifically addresses requirements for Safety
Management Plans.
However while the Construction EMP and Operations EMP for the gas
pipeline are required to be approved [and monitored] by DPI which has
appropriate safety resources and experience, the Panel is concerned in
relation to the specific expertise of the Moyne Shire to review and monitor
the Construction EMP and Operations EMP for the Power Station. During
discussion at the hearing it was noted that the Power Station site is defined
as a Major Hazard Facility and therefore the Safety Management Plan should
be referred to WorkSafe Victoria for review and approval. Clause 66.06
would also require referral to WorkSafe Victoria for this type of proposal if
an application for permit was required.
The Panel notes that the proposed SUZ2 does not refer to a Safety
Management Plan for the Power Station in either the Construction EMP or
the Operations EMP. The Panel considers that the SUZ 2 should explicitly
require safety to be addressed in management plans and should provide for
a formal review by the appropriate authority.
The Panel heard from Mr Napier that the thickness of the wall of the gas
pipeline is dependant on a variety of issues including the explosive impact
distance of the pipeline to dwellings and other sensitive uses. The Panel has
not been able to identify how future dwelling construction in proximity to
the pipeline will be regulated where development is allowed as‐of‐right
under the planning scheme. Further consideration is needed of design
specifications and/or the need for an overlay to ensure safety risk is
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considered and addressed before dwellings (or other sensitive uses) are built
in the vicinity of the project. The extent of such an overlay would be
determined on the basis of risk and a consultative process would be
necessary to allow those who may be affected to present their views.
As the Power Station will be a Major Hazard Facility the Panel considers the
Proponent should provide ongoing training for the CFA and SES to ensure
that adequately trained personnel are available locally to assist in emergency
situations.
Recommendations
Revise the proposed SUZ2 to require:
the Construction EMP and Operations EMP for the Power Station to
include a Safety Management Plan prepared by a suitably qualified
person; and
the responsible authority to have regard to the views of ESV, WorkSafe
Victoria, the CFA and the SES on the Safety Management Plans.
Ensure appropriate management of safety risks to future development
associated with the project (Options to consider include both pipe
thickness specification in areas with potential for future development and
an overlay for land where risks associated with the proximity to the project
either preclude development or require specific design measures).
Ensure the Proponent provides ongoing training to both the CFA and SES
to enable effective responses to potential emergency situations.
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6.4 Landscape and Visual Amenity
6.4.1 EES Assessment and Evidence – Visual Impacts26
Jon Shinkfield, the primary author of the LVIA, appeared at the Hearing and
his expert report responded to submissions that raised issues about visual
impacts.
The LVIA determined visual impacts by taking into account the degree of
visual modification and the degree of viewer sensitivity. Residential areas
were deemed to have higher visual sensitivity, for example, than industrial
areas largely because of the greater importance of visual amenity to the
residents. Despite a short duration of view, roads were also identified as
potentially being of higher sensitivity as there may be large numbers of
viewers.
The Power Station
The LVIA considered the visibility of the following Power Station elements:
13 additional transmission line pylons with a nominal height 65 m above
proposed finished surface levels; and
three heat recovery steam generator stacks and three cladding boxes to air
cooled condensers with respective nominal heights of 50 m and 32.9 m
above the proposed concrete platform.
Figure 6 Power Station, Switchyard and Pylon Visualisation
(Source: EES Appendix 15 Figure 1.6)
26 EES Appendix 15 documents the methodology and findings of the Landscape and Visual Impact
Assessment (LVIA) for the Power Station, compressor station and gas pipeline. EES Appendix 34 addressed visual impacts from water infrastructure.
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The LVIA identified the following potential measures to mitigate visual
impacts: appropriate lighting design; staging or construction method;
materials and colour selection and buffer planting.
The LVIA identified a large ‘Zone of Visual Influence’, particularly toward
the southwest of the project site, from which the Power Station would
theoretically be visible. Seven photo simulations depicted the proposed
development both before and approximately five years after planting to
mitigate impacts. Five of the viewpoints were along the Hamilton‐Port Fairy
Road, one viewpoint was to the north from Woolsthorpe‐Heywood Road
and one viewpoint was at the southern boundary of the Power Station site.
The Panel directed that further simulations be prepared from nearby
residential properties to address a gap in the analysis in the EES. These
additional simulations from receptors 89, 102, 109 showed the visual impacts
before and after harvesting of plantations.
Existing vegetation and topography partially screened views to the Power
Station site from Viewpoints 1 and 4, while the plantations partially obscure
elements of the Power Station in Viewpoints 2, 3, and 7. Plantations on
adjoining properties immediately to the north, south and west of the Power
Station site, are due to be harvested. The EES assessment from relevant
viewpoints assuming that the plantations have been harvested indicated that
impacts would increase from properties to the north and south (including
Viewpoints 2, 3 and 5.).
The LVIA identified:
visual modification ranging from ‘None’ at Viewpoints 1 and 4, through
to ‘High’ at Viewpoint 6;
visual impact ranging from ‘Negligible’ at Viewpoints 1 and 4 through to
moderate adverse at Viewpoints 3 and 6; and
planting along the Power Station site boundary would reduce the
residual visual impact level for Viewpoints 2, 3, 5 and 6 but the rating of
the adverse impact at Viewpoint 7 would be unchanged (EES Table 6.1).
The further simulations in Mr Shinkfield’s evidence from three residential
receptors within 2km of the site illustrated:
at the northern boundary of receptor 89 (the Morgan‐Payler property) the
absence of visual impacts with the plantations in place but new impacts
after harvesting;
at receptor 109 an established hedge of medium height screens lower
elements of the Power Station but additional pylons would be apparent.
A greater proportion of pylons would be apparent after harvesting of
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plantations. Impacts would be greater for other properties with views in
this sector without comparable established planting; and
at receptor 89, plantations do not influence visual impacts and vegetation
around the house appears to effectively screen views from that location.
Development of the Power Station within the proposed SUZ2 is as of right
but the Development Plan required must include: ‘Details of proposed
landscaping, including such landscaping measures as appropriate both on the land
and on surrounding land to screen views of the development from existing dwellings.
The Strategic EMP (4.8 Aspect 8) refers to planting vegetation screening,
consisting of mixed plants of local provenance including some fast growing
species, within the Power Station and compressor station site, where
appropriate. It also refers to minimising disturbance to the landscape and
rehabilitation to pre‐existing conditions, designing infrastructure and
selecting materials to reduce glare, and adopting lighting strategies to
minimise night time visual impacts.
The Compressor Station & Pipelines
The 2.4 ha compressor station site is on a localised high point within
predominantly cleared agricultural land. There are 14 sensitive receptors
within 2 km of the compressor station that could theoretically have a view of
the compressor station but the number is reduced if the screening effects of
vegetation, structures, etc are taken into account.
The LVIA assumed all of the compressor station elements will be less than
3.5m in height except for the stacks (6‐7m high and 1.2m diameter) and the
fire water tanks (nominal height 5.0 m). The EES did not include any visual
representations of the proposed compressor station. The LVIA found the
visibility of the compressor station would be restricted to higher elevations
given the undulating nature of the surrounding area and the low height and
size of the proposed structures. The LVIA found ‘Views of the compressor
station would be likely to remain as distant background from very few vantage points
associated with residences.’ The majority of the gas and water pipelines
alignments traverse highly disturbed landscapes of predominantly cleared
farmland. The EES acknowledged the short‐term visual impacts caused by
the construction of the compressor station and pipelines. However,
rehabilitation works along the pipeline route are expected to result in
negligible long term visual impacts from the pipeline.
The management of visual impacts would be via the conditions and EMPs
associated with the License under the Pipelines Act 2005 and the EPA Works
Approval.
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Port Fairy Recycled Water Treatment Plant
The RWTP will be a single storey building located on the south side of the
existing Wannon Water site in Port Fairy. The EES (Appendix 34) indicated
there will be no external activities associated with the operation of the plant
and visual impacts are only associated with the structure. As the proposed
structures will be very similar to existing structures and existing vegetation
is not proposed to be removed, visual simulations were not prepared. The
EES indicated that vegetation on the site to the north, east and west
intercepts views from houses and nearby roads. Works at the Port Fairy
Water Treatment Plant will be within an existing building and will have no
visual impact.
The management of visual impacts for the water supply infrastructure would
be via the Works approval.
6.4.2 Submissions
The Morgan‐Paylers submitted that the Power Station constitutes a large and
imposing industrial facility that is wholly out of keeping with the existing
rural character of the area. In addition to planting around the boundary of
the Power Station site, they sought screen planting along the entire northern
boundary and part of the western boundary of their property to mitigate the
visual impacts on the property.
The Shire of Moyne submission at the hearing indicated that, in addition to
on site screening, it will require the Management Plans to provide for a post
construction program whereby the applicants approach all landowners
within approximately 5‐7 kilometres from the site to assess what measures
can be undertaken to screen the proposal from that aspect. This procedure
has been used successfully at the Yambuk Wind Energy Facility and will take
place for the Mortlake power station currently under construction.
The Shire of Corangamite highlighted visual impacts of the introduction of
the compressor station into a rural landscape and sought a commitment to
implement EES recommendations relating to building materials.
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6.4.3 Discussion and Conclusions
The Power Station
The LVIA acknowledges that visual impact assessment involves firstly
determining how a particular view would be affected and then making a
judgement about the sensitivity of the landscape and its capacity to
accommodate change. Visual simulations illustrate impacts and are
important in informing consultative processes and the exercise of that
judgement. As the LVIA states ‘The use of photo simulations plays an important
part in visual impact assessments to convey the proposals to the assessors, decision
makers and the local community. A total of seven photo simulations have been
prepared to explore and illustrate the likely effect of the scheme on particular views.’
The Panel has a number of concerns about the visual impact assessment and
the EES assertion that the viewing points ‘were representative views. The views
selected within this analysis were chosen based upon the ZVI analysis, identification
of sensitive receptors and on site observations and are likely to represent locations
from which the proposed development will be most highly visible.’
The methodology concentrated on views from roads as they are accessible to
the largest number of potential receptors in the broader community and to
avoid private residences in order to eliminate the possibility of undue bias to
suit only a small number of receptors. This was despite the fact that all
residential receptors were recognised as highly sensitive and the viewpoints
were from roads with volumes of less than 600 vehicles per day. Further, the
locations selected for three of the seven simulations were almost certain to
indicate a very limited impact. The distance between the site and two of the
viewpoints (3.9 and 4.9km) meant impacts were dismissed and views from a
third view point (Orford Town Centre) were screened by buildings and
vegetation.
Nevertheless, the Panel is satisfied that the preparation and circulation of
additional simulations from residential receptors remedied this limitation in
the analysis.
The Panel considers the LVIA understated the visual impacts.
Unfortunately the Panel has no confidence that the simulations actually
reflect the likely visual impacts from the project. As the LVIA noted that
‘many of the photomontage images presented in this report (refer to Appendix A)
were taken during overcast weather conditions. The low light levels of the base
photography ‘darkens’ the foreground elements. A stronger visual contrast between
the existing foreground elements and the objects located on and along the horizon or
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‘skyline’ therefore becomes more apparent. The ‘sky’ then provides a background for
the simulated objects (power and compressor station infrastructure). The overall
colour variation of the sky has been slightly altered to provide a more consistent
background onto which the simulated elements can be assessed.’
The comparison during the site inspection of the representation of the
existing conditions where pylons are visible with the actual perception of
those views, made it clear that the pylons were much more prominent than
represented. This flaw appears to have been translated to the proposed
elements of the Power Station in the simulations which show very limited
contrast between the background and the Power Station infrastructure. In
addition, the foreground and middle views appear to be exaggerated,
whereas in all cases the proposed power station components have receded to
more distant components and are understated. Our comparison of the
Mortlake power station currently under construction also suggests that the
representation of the presence of the Power Station may be understated.
Mr Shinkfield’s responded to questions from the Panel that the use of a
28mm lens camera meant that the more distant elements in the view receded.
The Panel understands that similar concerns have been raised about
photomontages prepared for some recent Wind Energy Facility proposals.
The Panel also questions the LVIA judgment that ‘Given the existing visibility
of the OHTL pylons, potential visibility of the new switchyard infrastructure and
additional OHTL pylons, and likely screening of the main built form, the proposed
development is seen as an intensification of the existing landscape character.’ The
existing powerline does currently have some presence in this rural setting
but the extent of the infrastructure proposed goes well beyond the current
intrusion.
Importantly, the timber plantations to the north, west and south of Site are
due to be harvested. The LVIA discussion recognised that visibility and
impacts from many views will increase when the screening provided by the
plantations is removed.
The Panel is of the view that the Power Station will be prominent in the rural
landscape in the locality, particularly after harvesting of timber plantations
adjoining the Site. However, no one has suggested that these impacts
outweigh the benefits to the broader community from the project and,
provided appropriate measures to mitigate visual impacts are adopted, this
should not be fatal to the project. Major infrastructure projects invariably
have significant visual impacts but in this case those impacts have been
minimised by selecting a site in an area with a dispersed settlement pattern
that is not recognised as a significant landscape. The influence of plantations
on the views from roads and the closest houses also means that existing
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views comprise relatively contained landscapes in some instances (as in the
case of the Morgan‐Paylers’ property) and/or the relevant view sector
affected by the project is already modified to screen views to the wider
landscape.
The proposed planting around the Power Station perimeter will be a
significant mitigation measure in reducing short range views and the Panel
also endorses the use of low reflective materials of muted tones. In addition,
the Panel considers that off‐site mitigation of visual impacts should be
provided on nearby properties. Indeed the schedule to the proposed SUZ2
specifically contemplates that off‐site planting to screen the Power Station
may be required.
While the visual impacts associated with the Power Station will differ from
WEFs27, the Panel agrees with Council that the principles established for the
mitigation of visual impacts from WEFs provide a useful approach that
should be adopted here. Key principles that should be adopted include:
The focus on the mitigation of visual impacts is from dwellings to protect
the area used most intensively for leisure and recreation, rather than the
farming workplaces. This includes the dwelling used as a Bed and
Breakfast at the Morgan‐ Paylers’ property but the Panel does not support
their submissions that landscaping should be provided along their
property boundaries. Planting close to this most sensitive location will
intercept the views more effectively than more remote planting along the
farm boundary. Of course, they have the option of undertaking planting
themselves to ensure the screening currently provided by the plantation
is maintained.
In addition to on‐site planting, within 6 months after the Development
Plans are endorsed, owners of properties within 3 km of the Power
Station site should be offered screen planting around the curtilage of
existing dwellings on a voluntary basis. This should include
consideration of the size of plantings (ie a mix of advanced trees and tube
stock should be options), the inclusion of species with rapid growth rates;
consideration of whether the age and health of current vegetation
supports a need for reinforcement planting; responsibility and timeframe
for maintenance (at least 2 years); and any implications for existing native
vegetation. Offers should remain open to residents for up to 12 months
after Stage 1 of the Power Station is commissioned.
27 For example, the much larger footprint of WEFs means the turbines may affect much wider
sectors of views, wind turbines are much higher and the movement of blades attracts viewers but the Power Station is a much bulkier structure (equivalent to 10 storeys).
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The scope of off‐site mitigation should be foreshadowed in the schedule to
the SUZ2.
The Panel notes that a number of properties that currently do not have
dwellings would be exposed to views of the Power Station. However, the
future development of those properties would allow siting and orientation of
house and their gardens to ‘design out’ unwanted views to the Power
Station.
The Compressor Station and Pipelines
Given the site’s remote location, the low height of compressor station
structures which will not break the horizon line and the proposed screen
planting around the perimeter of the compressor station, the Panel agrees
with Mr Shinkfield that few receptors would have any view of the facility
once the perimeter planting has matured. The Panel expects long‐term
visual impacts to be largely eliminated through the implementation of
commitments to develop screen planting around the compressor station and
use materials with low‐glare properties in colours and textures to blend with
the surrounding landscape28. These commitments should be incorporated in
subsequent approvals.
As noted in Chapters 3 and 4, the Panel is satisfied there has been significant
effort to avoid and minimise vegetation losses and to minimise disturbance
where pipelines cross water courses. The Panel has also emphasised the
importance of effective rehabilitation of the pipeline route after construction
in Chapter 4. In addition to achieving biodiversity and operational
objectives, these design and management measures also substantially reduce
the long term visual impact along the pipeline routes.
The Panel accepts that the visual impacts associated with the gas and water
pipelines are largely temporary changes during the construction phase, such
as the presence of construction machinery and stockpiled spoil. The
transient nature of these impacts reduces the significance of the impact.
Port Fairy Recycled Water Treatment Plant
The Panel is satisfied from the EES assessment and its own site inspections
that the visual impacts from development of water infrastructure in Port
Fairy will not be significant. The use of the site for this function is
established and recognised by the zoning of the land and the Shire of Moyne
advised that further industrial development in the locality has been
foreshadowed and endorsed by the Priority Development Panel. The
28 See EES Attachment 4 Commitments 59 and 61.
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proposed development maintains a compact footprint and will be consistent
with the existing built form and scale of structures on the site. The proposed
works are separated and screened from sensitive viewpoints from roads and
houses.
Panel Recommendations
Amend the Schedule 2 to SUZ Development Plan provisions to include an
‘Off‐site Landscaping Plan’ to mitigate the visual impact of the Power
Station from all dwellings within 3km of the Power Station site. Where an
offer is accepted, the plan should:
be prepared by the relevant landowner or the proponent;
incorporate the species to be used, timetable, and maintenance
arrangements;
be implemented within 12 months of the endorsement (unless
otherwise agreed between the landowner and the Proponent); and
specify that all costs for design, implementation and maintenance are to
be the full the responsibility of the Proponent or operator.
6.5 Lighting
6.5.1 EES Assessment - Lighting
To minimise the impacts of night‐time lighting on residents and motorists,
the EES commitments29 include the use of: passive means of lighting (eg
reflector roadway markers, lines, warnings or information signs) and
directional lighting mounted no higher than 6 m from the ground. The
proposed SUZ2 requires lighting to be addressed in the EMPs.
6.5.2 Submissions
The Shire of Corangamite submitted that impacts on the dark rural landscape
at night should be minimised by ensuring manual operation of compressor
station night lighting on an as required basis.
29 See EES Attachment 4 Commitment 60.
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6.5.3 Discussion and Conclusions
While night lighting would be an addition to the night sky view, there would
be relatively few night time viewers due to the low density of population and
low usage of the local road network. Given the separation of the project
elements from sensitive receptors, adverse impacts from lighting on the
amenity enjoyed by nearby residents would be limited.
The Panel agrees with the Shire of Corangamite that lighting should be the
minimum required to meet safety objectives and operational requirements
for areas that are actually in use. The commitments made in the EES are
endorsed but in addition, specific consideration should be given to the use of
sensor activated lighting and baffling of lights to direct lighting downward
to the intended location and to avoid light spill above the horizontal. The
Panel considers that Schedule 2 to the SUZ, the works approval and licence
under the Pipelines Act should require this approach to be adopted in
subsequent approval processes.
Panel Recommendation
Ensure that, in addition to commitments in the EES, lighting:
is the minimum required for access and safe operation of parts of
the facility that are actually in use;
incorporates sensor activation; and
is baffled to avoid light spill above the horizontal.
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7. Disruption of Existing Land Uses, Infrastructure, Traffic And Local Communities
EES Evaluation Objective: To minimise the disruption of existing land uses,
infrastructure, traffic and local communities, including in relation to the availability
of housing and the potential need to upgrade infrastructure.
7.1 Land Use Disruption
7.1.1 EES Assessment- Land Use Disruption
The table below presents the EES summary of the potential disruption of
land use and associated mitigation measures (other than due to traffic
management impacts discussed separately).
Potential Impact Mitigation Measures
. Acquisition of agricultural land for the Power Station, gas pipeline and compressor and water pipeline.
. Potential impact on use of land within the easements for the gas pipeline and water pipeline.
. Spread of weeds during construction and reinstatement of pipeline corridor.
. Restriction of uses within the pipeline easements.
. Ensure access is maintained in the vicinity of construction works.
. Progressive reinstatement of land affected by the pipeline construction.
. Ongoing communication and consultation with affected property owners, including provision of information on the reinstatement of land following construction and restrictions on the use of land within the pipeline easement.
. Implementation of environmental management measures during construction to control the spread of weeds.
. Compensation to property owners in accordance with the relevant legislation.
The Proponent advised that the proposed Farm Management Agreement
attached to the Option Agreements with landowners along the gas pipeline
route sets out:
the pipeline construction methodology on the property to allow farming
operations to continue with as little impact as possible;
agreement to re‐pasture following completion of the works; and
rights to compensation which take into account ‘Farm Management
Compensation’ for the costs of: lost productive capacity; increases in farm
management time; extraordinary disturbance such as dust or noise near
the homestead, difficulties with access to the property; temporary
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severing of telephone lines; unexpected stock loss; and re‐seeding and
rehabilitation costs.
7.1.2 Discussion and Conclusions – Land Use Disruption
The Panel recognises that construction activities inevitably involve some
disruption. That disruption can be significant, albeit transient, for
development of substantial scale over an extended period and for linear
infrastructure projects that affect extensive areas.
The established regulatory framework and the EES acknowledge impacts on
construction sites and the Panel emphasises that it is vital that, in addition to
the compensation to be provided to landowners, a conscientious approach is
adopted to minimising disruption and mitigating impacts. The Panel notes
that it is in both the landowners’ and the Proponents’ interests to minimise
disruption and maximise co‐operation. The material presented in the EES,
the credibility of the evidence presented that the Proponent intends to
maintain constructive working arrangements with landowners, notably by
Mr Napier, and the fact that only one landowner made an objecting
submission, provide a level of confidence that the level of disruption will be
minimised.
The ongoing disruption due to the project is addressed in other chapters,
particularly with regard to noise and traffic impacts (see Chapters 6 and 7.2).
The Panel has concluded that these potential impacts are capable of effective
management. The Panel has found that the Power Station will impact on the
visual amenity of the locality and this is particularly relevant to amenity
dependant uses such as existing houses and the Morgan‐Paylers’ Bed and
breakfast after plantations are harvested. Nevertheless, the Panel considers
that the mitigation measures proposed provide an acceptable outcome.
7.2 Traffic Management
7.2.1 EES Assessment and Evidence – Traffic Management
Traffic issues for the two alternative development scenarios for the Power
Station are discussed in Appendices 16 and 17 of the EES. The traffic aspects
reviewed included an assessment of the road network capacity and
capabilities together with various traffic scenarios related to both
construction and operation, including access for over‐dimensional loads.
The Panel noted that the impact on the local road network will be minimised
as the proposed access routes to the Power Station are all via main roads
(apart from Riordans Road, which is proposed to be upgraded).
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Following the preparation of the EES, further investigations were undertaken
to consider a possible location of the Power Station construction camp and
also, in response to queries from the Panel, the suitability of alternate routes
for over‐dimensional vehicles travelling to the Power Station site from
Portland. An alternative development scenario for the construction of the
Power Station was also assessed and was discussed in Mr Carter’s expert
witness statement and presentation.
During the Panel hearing specific issues were raised by both the Panel and
the Morgan–Payler Family in relation to access to the Power Station site
using an alternative route along McGraths Road, in preference to Riordans
Road. Mr Carter and Mr Organ advised of their traffic and flora and fauna
concerns in relation to the alternative route30. Mr Carter advised that the
length of road required to be upgraded would be increased and would
provide a less satisfactory vehicle access route than Riordans Road. Mr
Organ’s written response concluded that the alternative access route has the
potential to impact a greater area of remnant native vegetation and a larger
number of threatened species, compared with the proposed access route. Mr
Power on behalf of the Proponent confirmed that it is the Proponent’s
intention to use Riordans Road as the primary access route to the Power
Station and if established, the Construction Camp.
Mr Carter advised that the Hamilton Port Fairy Road currently has the
highest of Vic Roads service level during peak hour and noted that during
the construction of the Power Station this would only be reduced to level B
[the second highest level]; even if all construction staff were to travel to the
site by light vehicle.
There was some discussion in relation to the detailed requirements for the
upgrade of the Hamilton‐ Port Fairy Road / Riordans Road intersection. Mr
Carter advised that the design requirements would be dependant on where
the construction camp and concrete batching plant were situated in relation
to the Power Station and provided the design requirements for the worst
case.31
30 Letter [P28] dated 16 June 2010 from Mr Carter addressing traffic issues and letter [P29]
dated 16 June from Mr Organ addressing flora and fauna issues. 31 Based on the Austroads guidelines, the design requirements for Hamilton–Port Fairy
Road/Riordans Road/Smyths Road intersection layout would include: (the Panel has
chosen to highlight only the following point):
• Provision of a 3.5 m wide right turn lane in accordance with a Type AUR (Auxiliary
right turn lane) treatment on the south approach to the intersection. The length of the
auxiliary widening is 60 m with a 60 m long taper, providing adequate length for
deceleration prior to the storage of a B double to waiting for an appropriate gap in
traffic to turn.
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In summary the key likely impacts identified by Mr Carter during the
construction and operation phases of the Power Station, gas pipeline and
water pipelines are:
a minimal reduction of the level of service of the Hamilton‐Port Fairy
Road during the peak construction period of the Power Station. It was
noted that the increased traffic is well within the capacity of the regional
road network and would amount to less than 5% of the Hamilton‐ Port
Fairy Roads capacity;
a requirement to upgrade the Hamilton‐Port Fairy Road/Riordans Road
intersection to VicRoads requirements;
upgrading and possible minor realignment of Riordans Road from the
intersection to the entrance of the Power Station, and possibly further to
the east if a construction camp is constructed on the Shaw River Power
land east of Old Dunmore Road;
the provision and enforcement of Traffic Management Plan(s) approved
by Moyne and Corangamite Shires, to minimise the impacts on the local
road network as the Power Station, gas pipeline, possibly a construction
camp and water pipelines are constructed;
the provision and enforcement of a Traffic Management Plan approved
by Moyne Shire to minimise usage by workers vehicles of other roads
adjacent to the Power Station site during the operation of the Power
Station;
the use of horizontal boring or HDD for crossing all sealed roads, where
practical, with open trenching an option for unsealed roads; and
upgrading of Smokey Point Road from Langleys Road, to provide all
weather access. It was noted from Mr Napier’s presentation and the site
inspection that the upgrade is proposed to minimise the impacts on the
flora and fauna in the road reserve along Smokey Point Road.
7.2.2 Submissions and Proponent Response
Submissions were received from the Morgan‐Payler family in relation to the
usage of roads adjacent to their property, the CFA in relation to road closures
during the declared Fire Danger Period and Corangamite and Moyne Shires
in relation to a variety of road infrastructure and traffic issues.
In addressing the Morgan – Payler Family concerns Mr Carter advised that
while traffic will need to use McGraths Road as part of the construction of
the gas pipeline, Shaw River Power has advised that access to the gas
pipeline from McGraths Road will only require use for approximately 5
weeks. Measures will be taken to limit the use of McGraths Road by power
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station construction or operation traffic as part of the Traffic Management
Plan.
In relation to the various concerns raised by both Moyne and Corangamite
Shires Mr Carter indicated that the Shires’ concerns can be addressed in the
Traffic Management Plan which is to be prepared by the Proponent and
approved by the Shires prior to the commencement of construction.
Concerns were raised by the Moyne and Corangamite Shires in relation to
the use of regional roads by over‐dimensional vehicles during the
construction of the compressor station and power station. Mr Carter advised
that the movement of over‐dimensional loads will be subject to the policies,
guidelines and approvals process outlined by VicRoads as outlined in the
EES. The routes for the movement of over‐dimensional loads will form part
of the Traffic Management Plan and will be provided to VicRoads and the
Shires (where utilising roads for which the Shire is the responsible authority)
for comment and approval.
Mr Carter advised that consultation and communication with all emergency
services, including the Country Fire Authority, will form part of the Traffic
Management Plan. It is not anticipated that full road closures will be
required for pipeline road crossings. However, if temporary road closures
are required, measures such as detours, rapid trench backfill and steel plate
crossing would be defined in the Traffic Management Plan. The Traffic
Management Plan will include key project contact numbers in the event of
emergency.
7.2.3 Discussion and Conclusions – Traffic Management
The Panel accepts the evidence from the Proponents traffic expert that traffic
issues related to the project are not significant in terms of the capacity of the
existing road infrastructure. It is appropriate that the routes adopted
maximise the use of main roads and minimise the demands placed on the
local road network. The Panel is also satisfied that traffic management issues
have been adequately reviewed and issues raised by the various submitters
can be resolved, primarily by the preparation of the Traffic Management
Plan(s) which will require the Proponent to satisfactorily address the
concerns of the shires (which include those of the Morgan–Payler Family).
The Panel accepts that the traffic volume along the Hamilton–Port Fairy
Road is low and acknowledges that the Proponent has undertaken to
upgrade the intersection, including a right turn lane but remains concerned
in relation to the requirement for two B Doubles to undertake a greater than
900 left turn from Riordans Road onto the 100 kmh Hamilton – Port Fairy
Road each day and the potential for the slowly accelerating fully laden
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vehicles to cause other vehicles to break heavily or to overtake as the truck
accelerates. The Panel considers that the provision o f a left turn acceleration
lane on the Hamilton–Port Fairy Road should be considered. The Panel
acknowledges that the provision of an acceleration lane will likely result in
the loss of additional native flora [including Swamp flax Lily] however the
Panel remains concerned with the safety aspects and highlights the issue for
resolution from VicRoads, which is the authority responsible for this road.
The Panel noted the Shire’s concerns in relation to the time required for them
to be able to adequately review the Traffic Management Plan and the
Proponents advice that it would make all endeavours to provide the traffic
management plan to the shires at least three months prior to the
commencement of construction.
The Proponent has not committed to providing a sealed upgrade to Riordans
Road despite the much greater use of this road both during construction and
operations by both light and heavy vehicles (including two B Double vehicles
each day). The Panel notes the traffic experts’ advice that the upgrading of
this road would provide a higher degree of safety, reduced maintenance
requirements and a reduced potential for dust. The Panel is also concerned
that the provision of an unsealed road to any proposed construction camp in
the vicinity of the Power Station would not be of a suitable safety standard.
The Panel notes that SUZ2 specifies rates of parking provisions and that
parking requirements at the Power Station will be addressed as part of
detailed design. However the Panel is cognisant of the need to ensure that
there is adequate parking area for the increased numbers of vehicles likely
during both the construction and the maintenance periods. Provision for
parking of construction and maintenance worker vehicles should be
addressed in the Development Plan and the Construction EMP’s.
As the location of the concrete batching plant was not identified in the EES
the traffic impacts were assessed in general, however when the site is
identified the Proponent will need to include a review of potential impacts in
the Traffic Management Plan.
Based on the evidence of Ms Sommerville, Mr Carter and Mr Napier the
Panel acknowledges that significant portions of the construction work force
are likely to be accommodated in Warrnambool and Port Fairy and possibly
Mortlake and that the provision of a bus service for the construction work
force would reduce traffic impacts both on the regional and local road
networks and also the parking requirements on the Power Station site. The
Panel considers that the provision of the bus service at the cost of the
Proponent would assist in promoting the major urban areas for
accommodation in comparison to other areas.
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Recommendations
Review the design of the intersection of Riordans Hamilton–Port Fairy
Roads consultation with VicRoads with a view to providing an
acceleration lane for fully laden B Double trucks turning left from
Riordans Road onto the Hamilton – Port Fairy Road.
Provide a sealed upgrade of Riordans Road from the Hamilton – Port Fairy
Road intersection to:
the entrance of the Power Station before development starts, and
internally for all roads regularly used by B double vehicles; and
the entrance of the camp before development starts, if a construction
camp is proposed in the vicinity of the Power Station.
Provide a free bus service, at the cost of the Proponent, for construction
workers from locations identified in the accommodation strategy (eg
Warrnambool, Port Fairy and Mortlake) to the Power Station for the
duration of construction.
Review and address potential impacts of the concrete batching plant in the
Traffic Management Plan.
7.3 Disruption of Infrastructure
7.3.1 EES Assessment - Disruption of Infrastructure
The EES has identified a number of areas where existing infrastructure will
or might be disrupted. These are primarily related to the construction of the
pipelines and are typically at road crossings where existing services are to be
crossed. The Panel noted that the Proponent proposes to use horizontal
boring or HDD under sealed roads and open trenching as an option for
unsealed roads, this will assist in minimising the disruption of existing
services and minimise the disruption to local traffic on the roads.
Disruptions to farm operation will occur as the pipeline spread moves along
the pipe route. The disruption will be for a short period of time.
It is anticipated that Riordans Road will have to be temporarily closed or
restricted to enable the upgrade of the road to the Power Station entrance,
and possibly to the construction camp. However as there are other routes
locally available the inconvenience is anticipated to be minimal and for a
short duration.
A services identification and impact assessment was undertaken for the
water pipelines and is proposed to be undertaken for the gas pipeline once
the route is finalised and prior to the commencement of design.
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7.3.2 Submissions and Proponent Response
Submissions from Corangamite and Moyne Shires raised issues of road
interruptions due to traffic increases and also of road degradation due to the
increased numbers of heavy vehicles. Mr Carter acknowledged both issues
but confirmed that the existing capacity of the road network was well in
excess of the proposed temporary increased volumes and that as part of the
Traffic Management Plan the Proponent, in coordination with the shires,
would undertake condition surveys of proposed heavily trafficked roads
before and after construction and that the Traffic Management Plan would
include reinstatement obligations.
Mr Guest on behalf of the Moyne Shire noted that the Proponent does not
propose to source fill material external to the site and that in the case of the
Mortlake Power Station this involved 20,000 truck movements from a quarry
to the site. Mr Napier confirmed that the Proponent was proposing to obtain
fill material from onsite which would assist in minimising traffic impacts
during the early part of construction.
7.3.3 Discussion and Conclusions
The only other impacts identified by the Panel were temporary impacts as
the start up power supply to the Power Station site is established, and
potentially cut in disruptions at the Wannon Water water treatment and
recycled water treatment plants at commissioning of new works.
The Panel is satisfied that given the undertakings provided in the EES and at
the Hearing that the interruption to existing infrastructure will be minimised
and can be adequately monitored by the relevant authorities.
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8. Socio- Economic Implications
The EES Socio‐economic Impact Assessment (SIA)32 provided an overview of
the area’s existing demography, employment, business and industry, social
infrastructure and ‘community values’. In this chapter the focus is on the
project implications for employment opportunities, accommodation and
community and emergency services. Other potential impacts relating to
matters such as amenity and traffic management are addressed in other
chapters dealing specifically with those issues. Evidence from Nicole
Sommerville summarised the EES analysis and findings and responded to
submissions that raised issues about socio‐economic impacts.
8.1 Economic and Employment Impacts
8.1.1 EES Assessment and Evidence - Economic and Employment Impacts
The EES indicates that the project has the potential to induce an economic
impact nationally in the order of $2.18 billion (direct and indirect) during the
construction phase33 but the induced impact on the southwest Victoria region
will be substantially less. Local businesses will supply goods and services to
the project, such as catering/ food services, transportation, sub‐contract
construction skills, accommodation, and personal services. Increased activity
in the regions economy will also support economies of scale in regional
purchasing, the development of new supply markets, extended access to
goods and services and increased employment opportunities.
During construction the project is expected to generate an average of about
400 direct jobs (360 for Option 2), with about 30% of workers sourced locally.
The direct additional spend in the region would be $20.7 million if it is
assumed that 50% of the approximately $41.3 million construction workforce
wages are spent in the region. The permanent operational workforce (see
below) would result in a total ongoing spend in the region by the Stage 1
workforce of about $2.73 million annually34.
Stage Option 1 Option 2
1 30 day/20 night 4-6 day/2-4 at night
2 40 day/28 at night 40 day/28 at night
3 50 day/35 at night 50 day/35 at night
32 The EES SIA is set out in Chapters 5.4 and 11.6 and in Appendices 18 and 19. 33 ABS National Multipliers indicate multipliers of 2.67 for direct spending in the construction and
0.974 for spending in the electricity supply sector during operation of the Project. 34 Assuming an average weekly pay rate of $1,500 per worker, of which 70% is spent within the
region, approximately $54,600 per worker is expected to be spent in the region per annum.
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Increased shortages of skilled labour in the region in some industries are
expected during the project construction phase, with the potential to either
increase the cost of those services or the difficulty in accessing them. The
EES suggests that appropriate skilling and employment programs prior to
construction and sourcing labour from towns such as Portland35 could
enhance the extent to which the regional community captures the potential
benefits and avoids adverse impacts associated with an influx of workers.
In addition to significant economic benefits to the local community, the
increased economic activity places additional demands, with associated
economic costs, on a range of services and infrastructure, particularly during
the construction phase. Productivity losses may result from increased travel
times for passengers and freight and the greater use of roads may increase
road maintenance and vehicle operating costs. The potential for economic
impacts from less tangible impacts, such as increased driver stress and losses
in amenity for properties adjacent to major construction transport routes,
was also identified. The EES assessment does not quantify these costs but
they are not expected to be significant. The EES suggested that these impacts
could be mitigated through effective traffic management planning (See
Chapter 7.2).
8.1.2 Submissions
The Shire of Moyne advised that the direct employment generated during
the construction of the smaller Mortlake gas fired power station peaked at
approximately 450 employees and this was around 70 more than was
predicted in the project planning phase. The Shire is preparing a social and
economic impact assessment of the Mortlake project which draws on a
survey of workers on site during March 2010 (70 survey responses).
Preliminary survey results indicate that most workers (93%) come from out
of the region with only 7% come from Moyne and Corangamite Shires.
Moyne Shire is currently working with Origin and Bilfinger Berger Services
to gather information on local business engagement in the project. However,
preliminary analysis suggests that the benefits from the Mortlake project
have been more in terms of value adding to the local community rather than
in direct employment. Most businesses in the Mortlake township have
experienced increased levels of business as a result of the project, particularly
cafes and hotels, fuel outlets, the newsagency and other retailers. Businesses
in Terang and Camperdown have also reported increased trade due to some
workers utilising motel accommodation on a short term basis.
35 Portland was identified as having a pool of skilled workers who had recently experienced job
losses.
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The Shire of Moyne supports the project and the associated economic
stimulus to the region but noted that, while not a reason to refuse
infrastructure proposals, it is conscious that businesses will need to adjust to
lower levels of activity after projects have been completed. Concern was also
expressed by Corangamite Shire that there could be longer term impacts that
could seriously impair the appeal of the locality to tourists if temporary use
of tourist accommodation to house workers results in prospective tourists
being frustrated when places to stay are not available. This is believed to
have impacted on Port Campbell during the gas plant construction.
8.1.3 Discussion
The EES provided a broad brush analysis of economic implications of the
project and the extent of local expenditure and, as suggested by preliminary
data collected by the Shire of Moyne relating to the Mortlake project, the
generic assumptions made in the SIA analysis may understate the overall
level of employment generated and the extent to which labour is imported
from outside the region.
It is clear, however, that a project of this scale will inject substantial stimulus
into the region’s economy that far outweighs the loss of 110 ha of grazing
land from production. The Panel accepts that approval of the project is
supported by the substantial benefits to local businesses and those seeking
employment, particularly during the construction phase but also extending
at a lower level to the longer term operation (including major maintenance
cycles).
The Panel endorses the EES view that, in order to maximise benefits for the
local community and minimise adverse economic impacts, project
development should incorporate early consultation with local schools, TAFE
and employment providers to plan for the expansion of employment and
training programs to incorporate technical skills training directly associated
with project needs. The Mortlake project should provide useful insights into
labour market (and other) requirements that should be incorporated in
further project planning processes. The Panel understands that
infrastructure programs often promote the use of local goods and service
providers through early consultation with local businesses organisations,
registers of businesses expressing interest in supplying goods or services,
and promoting the use of local businesses by primary contractors. This
project also provides opportunities for ‘local engagement’ initiatives.
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8.2 Community Services, Housing and Construction Camp(s)
8.2.1 EES Assessment and Evidence - Community Services and Housing
The SIA and Ms Sommerville’s evidence indicated that:
the majority of workers who relocate with their families (assumed to be
approximately 20% of workers) are expected to live in Warrnambool, but
towns such as Port Fairy, Koroit, Port Campbell and Hamilton would also
be likely to attract workers;
depending on the extent of construction worker sharing of housing,
estimates of additional dwelling requirements ranged between average
requirements of 110 to 250 and peak requirements between 170 to 425
dwellings;
there is a shortage of rental housing in the study area, which has resulted
in high rental costs in some towns. The SIA survey of real estate agents
indicated further upward pressure on rental prices is anticipated as
vacancy rates are expected to remain low. This would particularly impact
on access to affordable rental housing; and
the use of tourist accommodation could ease pressure on rental
accommodation with benefits for proprietors but the ability to meet peak
tourist demand would need to be carefully managed to avoid longer‐term
impacts on the tourism sector.
Measures identified to mitigate impacts on affordable housing included
maximising the employment of people who already living in the area,
encouraging workers to live in a number of towns across the area by
providing a bus service to the construction site and promoting sharing of
accommodation.
Construction Camps
The Works Approval application suggested that ‘It is anticipated that
construction workers will be housed in existing accommodation in nearby towns and
settlements. The need for a construction camp to house the construction workforce
has not been established. The decision regarding accommodation of the construction
workforce will be the responsibility of the engineer‐procure‐construct contractor,
once appointed to the Project’36.
However, the SIA and Ms Sommerville’s evidence indicated that:
36 See section 3.5 of the Works Approval Application
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the need for a construction camp should be determined by the Proponent
during the detailed planning phase of the project, having regard to other
projects either under construction or planned in the area and the
availability of suitable accommodation at that time;
a camp at the Power Station site (on the eastern side of Old Dunmore
Road) would avoid the need for workers to travel and reduce traffic on
local roads;
services such as recreation, first aid, dining, etc. would be provided at the
construction camp; and
management of resident behaviour at the construction camp would avoid
potential impacts on the nearby area and communities. These typically
include matters such as such as drug and alcohol management, security
and safety, camp access and hours of movement outside of the camp,
access for non‐camp residents, noise management and worker health.
Ms Sommerville suggested that construction camps would need to be
consistent with the planning scheme and the location of would be
determined in consultation with local Councils and landowners. She
expected that, if a separate construction camp is established for gas pipeline
workers, it is likely to be located mid‐way along the pipeline (near
Warrnambool). Her evidence statement provided a rural Queensland
example of a construction camp.
Community Services and Infrastructure
The SIA anticipates that schools, hospitals and emergency services in the area
have sufficient capacity to cater for the expected influx of population
(approximately 490 workers and their families) during the construction
phase but the existing difficulty in meeting the demand for child care places
and medical services, particularly general practitioners and dental care,
could be exacerbated. Increased demand for these services could impact on
levels of service and waiting times. It also suggests that the workers and
their families may also support the viability of some sporting and recreation
clubs and facilities but there was some concern that the need to upgrade
some facilities would be reinforced.
The measures to mitigate impacts on community services recommended in
the SIA and Ms Sommerville’s evidence focussed on ‘early and ongoing
consultation’ with the various service providers to allow them to take the
influx of population into account in their planning and operations. The
providers identified include the Department of Education and Early
Childhood Development, Department of Human Services, local schools, local
hospitals and emergency services, housing support agencies, Victoria Police,
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Rural Ambulance Service, Country Fire Authority and State Emergency
Services, child care and school bus operators.
8.2.2 Submissions
The Shire of Corangamite raised the potential for negative social implications
of housing such a large number of workers in an isolated location without
social and community services. It suggested construction camps should be in
towns on appropriately zoned land rather than along the pipeline route to
minimise adverse social impacts and potentially benefit the local community.
At the hearing, Council highlighted the potential for facilities such as
Brucknell Park Scout Camp and caravan parks, which have significant spare
capacity outside of the peak holiday periods, with a complementary
potential role for Glenormiston College in meeting temporary
accommodation at peak times. The Shire submitted that past experience of
deferring planning and responsibility to the project contractor for projects
such as the gas plants illustrated the need for much earlier planning.
The Shire of Moyne is concerned about the possible impact of this project on
the availability and cost of housing in the region. The Mortlake power
station worker survey responses to date37 indicate that, of 65 non‐local
respondents:
49% lived in Warrnambool; 29% in Mortlake and the remaining 22% lived
in Port Fairy, Terang, Camperdown, and the rural area surrounding
Mortlake; and
56% were living in a shared house, 21% were the sole occupant of a
house, 21% lived in a flat or apartment and 2% lived in caravan parks,
cabins, bed and breakfast accommodation, pubs and private board.
The Shire advised that anecdotal feedback from real estate agents, a regional
supported accommodation advisory committee, local people, and workers
suggests that the influx of Mortlake Power Station construction workers has
contributed substantially to increased rental prices, and to a reduction in the
availability of rental properties in Mortlake and Warrnambool. It is
Council’s understanding that very few construction workers at the Mortlake
Power Station workers relocated their families to the region.
Mr Power emphasised that, while the Proponent has a role in analysing
potential social impacts associated with the project, responsibility for broader
37 There were 70 responses to a survey of workers on the Mortlake gas fired power station
construction site during March 2010. Council is awaiting more completed surveys to gain a stronger indication of worker origin and accommodation patterns.
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strategic planning or for the provision of housing and community services
rests with others, particularly State and local government.
8.2.3 Discussion
The SIA recognised that the project would create challenges in meeting the
additional demand generated for housing and a range of community services
but provided only a broad overview of the existing supply of housing and
reference to consultation with service providers. Unfortunately the SIA did
not specifically addressed whether there are towns experiencing decline with
spare infrastructure capacity to accommodate additional population;
whether it would be better to direct the additional population to
Warrnambool; or whether a construction camp (discussed further below)
provides a model that effectively addresses needs. The Mortlake power
station, which was under construction at time the SIA and accommodation
surveys were done, provides a local example of a directly comparable
infrastructure project, albeit at a smaller scale. However, there appears to
have been no attempt in the SIA to document the actual impacts and learn
from the experience gained through that project. Such an analysis could
have provided insights about how the housing market and community
services have responded.
The development of potential mitigation measures was also limited and
largely comprised recommendations for ‘early and ongoing consultation’.
The SIA provides limited progress towards more specific documentation of
where capacity exists in particular services or analysis of where it may be
most appropriate to augment services.
The following view expressed by the Panel considering the Mortlake power
station also applies in this case ‘the survey data in this respect fell well short of
providing convincing evidence that accommodation needs would be satisfactorily met
without significant impacts on the local accommodation markets.’ The Mortlake
EES Inquiry Panel recommended that the adoption of the associated
Amendment should be subject to a Section 173 agreement under the Planning
and Environment Act 1987 relating to the ‘Early conduct of an accommodation and
community services strategy for the Project’. Unfortunately this
recommendation was not implemented, apparently due to concern that there
was insufficient lead time available for effective outcomes.
The work now being undertaken by the Shire of Moyne is a positive initiative
and should inform the development of strategic planning responses for the
housing and service requirements generated by a major infrastructure
project(s).
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This Panel considers there continues to be a clear need for more rigorous
planning to achieve more effective responses to the demands for housing and
community services associated with this (and other) major infrastructure
proposals. The proposed SUZ2 requires a housing and community services
strategy before development commences. The sooner this work commences
the better as delay leads to more and more constraints on realisable
responses. Therefore a formal commitment to undertake or contribute to this
work linked to approval of Amendment C36 is preferable to the proposed
SUZ requirements for the issue to be addressed at a later stage within the
Construction EMP.
The Panel agrees with submissions for the Proponent that it cannot be
burdened with responsibility for the provision of services but the input of
information and a contribution towards the funding of a co‐ordinated
regional response to the provision of housing and community services is
justified. The Panel is of the firm view that this work should not be delayed.
Rather than relating requirements to the commencement of the project, as
proposed in exhibited documents, approval of Amendment C36 should be
subject to a firm commitment to undertake or contribute to this work.
Construction Camp(s)
DPI advised that a construction camp for workers constructing the pipeline
is deemed to form part of the pipeline and therefore planning scheme
provisions would not apply. However, it is noted that the application for the
licence under the Pipelines Act made no reference to a construction camp.
Amendment C36 would, subject to approval of specified plans by the
responsible authority, enable as of right development of a construction camp
on the Power Station site (under SUZ2) and on land owned by the Proponent
to the east of Old Dunmore Road (under Clause 52.03).
SUZ2 specifies for the Power Station site that:
The Construction EMP must address:
Accommodation and community services, including but not limited to:
− A strategy to manage the accommodation needs of the workforce
− Identification of measures to minimise adverse impacts on the delivery
of social and community services to the broader community
Specifies the Operations EMP must address:
Protocols and procedures to ensure that surrounding amenity levels are
not adversely affected by activities and noise generated by persons resident
in the workers construction camp.
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The proposed incorporated document associated with Clause 52.03 would
also require a development plan and an operations plan (to be approved by
the responsible authority) for a construction camp on the land to the east of
Old Dunmore Road.
The EES did not suggest that a construction camp would necessarily be
required but proceeded on the basis that the option of a temporary
construction camp should be available to the construction contractor. The
proposed SUZ2 seems to envisage that the justification for the construction
camp will be provided via a housing and community services strategy after
approval of the planning framework via Amendment C36 but prior to the
commencement of development.
The EES provided virtually no information about or assessment of the
impacts of a construction camp and the Amendment C36 specified only very
generic requirements for a development plan.
Ms Sommerville’s evidence did address the potential form and management
of camps, however, citing an example from outback Queensland.
Construction camps may be the only accommodation option in areas that are
very remote from established settlements but it is the Panel’s view that this is
not the case here.
Ms Sommerville’s evidence highlighted potential benefits associated with the
reduced need for workers to travel but she eventually acknowledged at the
hearing that accommodation in towns normally represents a more desirable
outcome. The Panel agrees with Corangamite Shire that accommodating
workers in towns is preferable to the establishing an enclave of workers in a
construction camp(s) that is isolated from urban services, to minimise
management demands and the potential amenity impacts on Orford.
It seems likely that various forms of housing will be required to meet
workers’ needs. Tourism accommodation and caravan parks in off‐peak
periods, holiday homes, scout camps, and Glenormiston College may all
form part of the accommodation mix. The ongoing construction activity on a
range of infrastructure projects, may also provide the basis for investment in
additional rental housing, possibly managed by a housing association, which
would create a long term legacy for the region. These options should be
actively pursued.
The Panel recognises that the provision of some accommodation in the form
of a construction camp may prove to be necessary but, like the Shire of
Moyne, considers a large construction camp that may be used for a number
of years warrants more careful attention than a short term camp. As the
Shire of Moyne highlighted, the siting of the construction camp anywhere
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but adjoining the Hamilton‐Port Fairy Road will impact greatly on road
infrastructure, and a camp on the land east of Old Dunmore Road would
require significant upgrading of access to cater for the increased traffic. The
EES traffic assessment was on the basis that workers would be
accommodated in towns with bus services provided for workers.
The Panel does not think that the strategic justification for as of right
construction camps as proposed under Amendment C36 has been
established. However, it does support establishing discretion for Council to
consider the merits of a construction camp on the Power Station site and
Santos land to the east of Old Dunmore Road if other options prove to be
insufficient. This is a pragmatic response that would:
maintain some incentive to pursue alternative housing strategies;
recognise that a construction camp may need to form part of the housing
strategy if other options prove to be inadequate; and
provides third party rights to those who may be affected.
Nor does the Panel consider sound justification has been established yet for a
construction camp to service the gas pipeline workers. However, if this
option is pursued despite the Panel’s reservations about the need and
desirability of establishing a construction camp for pipeline workers, the
Panel considers that DPI should consult the Shire of Corangamite about the
location and conditions that should apply.
Recommendations
Require the Proponent to enter into a Section 173 agreement before
Amendment C36 is approved to the satisfaction of the DPCD and the
planning authorities to ensure early conduct of an accommodation and
community services strategy for the project.
The Proponent actively pursue the option of providing accommodation
for power station and gas pipeline construction workers in towns or
other existing facilities.
Revise the Schedule 2 to the SUZ and the Clause 52.03 incorporated
document to require a permit for a temporary construction camp.
DPI consult with the Shire of Corangamite about the location and
conditions that should apply if, despite this Panel’s recommendations,
a construction camp is proposed along the gas pipeline route for
construction workers.
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9. Other Matters
9.1 Decommissioning
9.1.1 EES Assessment - Decommissioning
The EES (Chapter 7.5) indicates that the project has a design life of at least 25
years and the relevant authorities will be consulted and a decommissioning
plan will be developed to rehabilitate the sites to meet all regulatory and
environmental requirements applicable at that time. The plan will set out
procedures and measures for the:
removal or retention of buildings, plant, equipment and infrastructure;
rehabilitation of disturbed areas to a standard suitable for agreed future
uses; and
identification and management measures for known contaminated areas.
The EES notes (section 8.4) that ‘The gas pipeline will be decommissioned in
accordance with the requirements of the Pipelines Regulations 2007, Australian
Standards AS 2885: 2008, Pipelines ‐ gas and liquid petroleum and the APIA Code
of Environmental Practice ‐ Onshore Pipelines (APIA, 2009) at a minimum, or the
prevailing decommissioning standards in place at that time. Potential methods of
decommissioning include suspension, abandonment and removal of the pipeline.’
9.1.2 Submissions
The Proponent and the Shire of Moyne did not see any necessity to address
decommissioning of the Power Station via the planning process. The Shire of
Moyne noted that the planning scheme provides for the Mortlake power
station site to revert to its previous zoning, five years after the Power Station
has ceases operation.
9.1.3 Discussion
Division 3 of the Pipelines Act 2005 establishes the legislative framework for
rehabilitation after decommissioning of the gas pipeline (including the
decompression station).
Despite an apparently high level of comfort amongst all parties to the EES
process regarding decommissioning of the project, the Panel is conscious that
there may be few obvious options for reuse of the Power Station and, given
the scale of the facility, decommissioning could involve substantial costs,
technical capacity requirements and logistical demands. The Panel considers
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there should be an assurance that the visual impacts from the Power Station
will be removed when it no longer creates a benefit to the community. While
in principle the Panel considers that commitments relating to
decommissioning under the relevant approvals should be ‘backed up’ by a
bond to assure the community that rehabilitation will occur, it is conscious
that the necessary administrative framework may not be in place and the
development of such a framework would require detailed consideration (see
discussion in Chapter 13.3 of the Panel Report relating to the Lal Lal Wind
Energy Facility February 2009).
Recommendation
Include requirements relating to decommissioning of the project in
relevant project approvals.
Apply a sunset provision to the SUZ2 to revive the previous Farming Zone
if the Power Station use does not operate for a nominated time (say five
years).
Evaluate the merits of requiring a bond to guarantee site rehabilitation
after decommissioning of project infrastructure.
9.2 Batching Plant
The Proponent responded to queries from the Panel that the location of a
batching plant for construction of the project will be determined by the
principal construction contractor. It could be located at the quarry, at the
Power Station site, or somewhere between. A review of potential batching
plant locations and access routes by the Proponent concluded that in all
instances, aggregate or concrete would be transported to the proposed power
station site from a route relying on Hamilton–Port Fairy Road as the
principal means of access. Therefore assumptions adopted in the EES, and
by Arup in its traffic assessment, therefore reflect reasonable worst‐case
scenarios for traffic distribution.
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10. Cumulative Impacts
Within 30km of the site the following energy projects are operating or at
various stages of the planning process:
Codrington Wind energy facility and Yambuk Wind energy facility
(operating);
Ryan Corner Wind energy facility, Macarthur Wind energy facility,
Hawkesdale Wind energy facility, Woolsthorpe Wind energy facility
(planning permit granted); and
Tarrone gas fired power station (determination under Environment
Effects Act but applications not yet submitted).
Council also advised there have been preliminary discussions regarding a
geothermal project at Warrong and further potential wind energy projects at
Orford (between the proposed Shaw River and Tarrone power stations),
Warndoo and Penshurst.
Extensive areas of timber plantation are also due to be harvested.
10.1.1 EES Assessment and Evidence
The issue of cumulative impacts of this and other proposals in the locality
was not included in the scoping requirements and was not addressed in the
EES.
At the directions hearing the Panel requested that submissions address the
cumulative impacts of proposed energy facilities and timber production in
the area on roads and bridges, visual and acoustic amenity, biodiversity
values, water supply, labour supply, the supply of accommodation and
social infrastructure and services.
Although it was emphasised by the Proponent that it does not have access to
comprehensive information, cumulative impacts from the project with others
in the area were addressed in expert statements as follows:
Traffic: Mr Carter undertook further assessment of traffic impacts having
regard to the traffic impact assessments for the Shaw River Water
Pipeline, Tarrone Gas Fired Power Station and Ryan Corner Wind energy
facility38. He concluded that the available information indicates that the
38 Shaw River Water Pipeline Traffic Impact Assessment report (GHD August 2009), Tarrone Gas
Fired Power Station and Gas Pipeline (Environment Effects Referral Form, 8 December 2009) and Ryan Corner Wind energy facility (Ryan Corner Wind Farm Environment Effects Inquiry, March 2008).
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cumulative traffic impacts of the multiple projects will be minor when
compared to the theoretical capacity of the road network. He noted that
‘if it is assumed that the Ryan Corner Wind Farm construction will coincide
with both the combined peak for the Power Station and water pipeline
construction, the traffic volume on Hamilton‐Port Fairy Road may increase to
approximately 930 vehicle trips per day. Again, this is less than 7% of the
theoretical capacity of Hamilton‐Port Fairy Road.’
Noise: Mr Turnbull addressed the combined noise from operation of both
the project and the proposed Tarrone Lane project (approximately 6km to
the east). He predicted that the contribution of noise from the project will
be less than 24 dB(A) under worst case conditions at the mid‐point
between the two power stations (approximately 3km from each). As this
is at least 10 dB(A) below the criterion, addition of the noise from the two
power stations will not create any potential for the criterion to be
exceeded. That is, contributions of 34 dB(A) and less than 24 dB(A) from
noise sources combine to a total noise level of 34 dB(A).
Air Quality near the Power Station: Dr Ross’s statement referred to an
EES referral document39 for the Tarrone Power Station which modelled
cumulative air emissions from the proposed Shaw River and Tarrone
power stations using the CALPUFF modelling system and found the
maximum concentrations predicted were below the SEPP (AQM) design
criteria for all modelled scenarios. While Dr Ross noted he did not have
the information necessary to validate that modelling, he considered that
the assumptions adopted by URS were overly conservative. Mr Ross
conducted preliminary testing of the potential for cumulative impacts
using the Ausplume model which confirmed that any increase in NOx at
ground level would be small40 and the resulting impacts would comply
with the requirement of the SEPP (AQM).
Air Quality near the Compressor station: Dr Ross analysed the
cumulative air quality impacts arising from the compressor station and
the existing adjacent sources – the Iona Gas Plant, Otway Gas Plant and
Minerva Gas (EES Appendix 11). He found the predicted impacts at the
sensitive receptors are dominated by emissions from the existing adjacent
sources (particularly from the Iona and Otway Gas Plants), the proposed
compressor station results in only a negligible change, and the cumulative
impacts predicted comply with relevant design criteria in the SEPP AQM.
This outcome is due to the impacts arising from the emissions from the
39 Local Air Quality and Greenhouse Gas – Tarrone Power Station. Report to AGL Energy Ltd.
URS Reference 43283491/AQ/05. October 2009. 40 The maximum increase in the NO2 ground level concentration around the Shaw River PS is
approximately 1 μg/m3. The only sensitive receptor around the Shaw River PS with any predicted increase as a result of the Tarrone PS is #106 to the west (with an increase of approximately 1 μg/m3).
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compressor station being small under the meteorological conditions that
lead to the highest impacts from the gas plants and, conversely, the
meteorological conditions under which the compressor station impacts
are largest are typically not those under which the impacts from the
existing sources are largest.
10.1.2 Submissions
The written submission from Ms Nicholls, who is a long term resident of
Orford living within 3 km of the Site, expressed concern about the lack of
evaluation of the cumulative impacts of the project, timber plantation
harvesting and other major energy infrastructure projects proposed in the
area. She considers the impacts from traffic, pollution, loss of native flora
and fauna and demands of housing and social infrastructure were
understated in the EES as the combined effects of multiple projects were not
addressed.
The Shire of Moyne highlighted that the 500kV line to Portland, which passes
through the Site, is a critical element of state infrastructure and a key
criterion in terms of location and overall feasibility of current and proposed
energy projects in the region. While Council does not take issue with the
connection of either the Mortlake or Shaw River Power Stations to the grid, it
submitted that planning for future above ground significant power line
connections for other major uses, namely wind energy facilities, is needed.
Council also emphasised the importance of traffic management measures to
avoid potential adverse impacts associated with multiple projects.
Mr Power and DPCD both referred to the guidance on the issue in the
Ministerial guidelines for assessments under the Environment Effects Act 1978
which state:
While cumulative effects may be a relevant consideration for the
assessment of a project, a proponent may not have a practical ability to
provide such an assessment, for example, because of their limited access to
information on the effects of other existing activities or potential projects.
Similarly, the ability of a proponent to provide a regional perspective in an
EES will depend on the availability – usually from government agencies –
of relevant regional policies, plans, strategies, as well as regional data.
A proponent will at least need to provide an assessment of relevant effects
(e.g. on landscape values, risks to fauna or emissions to air) in a form that
can be integrated with information relating to other projects or activities,
and thus enable the Minister to assess the potential cumulative effects…….
Because of the factors constraining quantitative assessment of cumulative
effects, often only a qualitative assessment will be practicable.
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Mr Power submitted it would be preferable for Government to provide a
policy structure and coordinate responses to potential cumulative impacts.
10.1.3 Discussion and Conclusions
The Panel agrees with Ms Nichols that it is important that cumulative
impacts of the major infrastructure projects in the immediate area and the
region are assessed and measures to minimise adverse outcomes are
identified. Indeed, State planning policy (Clause 11.03‐7) recognises the need
for co‐ordinated planning and decision making to achieve sustainable
development and effective and efficient use of resources where economic,
social or environmental impacts extend beyond municipal boundaries.
The Panel recognises that the EES scoping did not specifically require
cumulative impacts to be addressed, the EES guidelines acknowledge that
there are constraints on the Proponents’ capacity to determine the nature of
impacts, and it is likely that many of the responses to cumulative impacts
will be beyond the influence of individual applicants. Nevertheless, there is
an expectation in the guidelines that cumulative impacts will be assessed to
the extent reasonably possible and the information that is in the public
domain should inform such an assessment. It is a weakness in the EES
Assessment that this has not occurred and this limits the Panel’s capacity to
draw conclusions about cumulative impacts. In particular the Panel was
disappointed that the EES and Panel Hearing process had not adequately
addressed:
potential accommodation impacts and potential practical solutions;
future cumulative regional visual impact of power stations, wind farms
and overhead transmission line connections to the 500kV grid; and
the potential for water pipelines to be used for supply other uses, such as
the proposed Tarrone Power Station to the north east of the Shaw River
Power Station and for other users along the route.
The evidence presented to the Inquiry provided comfort that, having regard
to other projects in the immediate area, the noise and air quality impacts due
to the Power Station should be acceptable. Further assessment of noise,
visual and other impacts would clearly be required if the potential Wind
Energy Facility to the east of the project is pursued.
The traffic evidence confirmed that, on available information, there is
significant capacity in the existing arterial road network in the immediate
vicinity of the Shaw River and from Tarrone Power Stations and Ryans
Corner Wind Energy Facility. The potential for cumulative impacts will need
to be reassessed as more certainty becomes available on the timing, traffic
volumes and traffic routes of the various projects. The Panel is satisfied that
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the proposed traffic management plans can address the implications of
multiple projects and the local road network issues raised by Council but
considers that the SUZ2 EMP provisions should specifically highlight the
issue as a matter to be addressed.
The Panel noted the presence of a quarry approximately 15 km south east of
the Power Station site, and Mr Guest of Moyne Shires statement that the
provision of a bridge upgrade and 8 km of road upgrade would reduce the
current travel distance to the site from 40 km. The Panel is concerned that
the potential development of the Tarrone Power Station will result in a
similar 40 km travel requirement and recommends that Moyne Shire works
in collaboration with both Shaw River Power and Tarrone Power Station
proponents to identify if the upgrade of the shorter connecting road could
be feasibly undertaken jointly.
The Panel also notes that there is potential for the water pipelines to be used
for supply to the proposed Tarrone Power Station to the north east of the
Shaw River Power Station and for other users along the route. The Panel
considers Wannon Water should further investigate the potential for the
pipelines to be upgraded to meet the needs of the Tarrone Power Station,
should that project proceed.
In Chapter 6.2, it is acknowledged that the project has minimised and
avoided native vegetation losses and it is proposed to offset the losses that
cannot be avoided. Nevertheless, the cumulative effect of relatively small
incremental losses of native vegetation is noted, and DSE is encouraged to
monitor cumulative losses and offset obligations through its data bases and
to take a proactive strategic approach to the identification of consolidated
offset opportunities, potentially in conjunction with the Trust for Nature and
Bushbroker programs.
Despite the apparently low risk of impacts on Southern Bent‐wing bats a
preliminary monitoring program has been developed by DSE (in
consultation with the Proponent) and is endorsed by the Panel. Whereas
adverse impacts on Brolgas have been a prominent concern in a number of
WEF proposals, the material presented to the Panel did not establish
concerns about significant residual ecological impacts from the project that
would compound impacts from other projects in the locality.
The visual impacts from the extensive areas in western Victoria affected by
energy generation infrastructure proposals are increasingly raised in
objections to WEF applications. The EES and evidence to the Inquiry did not
address this issue. The proposed power station at Orford will have a
significant presence (see Chapter 6.4) but it is located in an area with a low
density of houses and, compared to WEFs, the smaller foot print and height
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of the Power Station confines the visual impacts to a more limited area. The
Panel has concluded that the adverse visual impacts from the project are
acceptable but the cumulative visual impacts will require consideration as
further projects are assessed. It is noted that there may be potential for
strategic off‐site landscaping to mitigate the cumulative visual impacts from
multiple projects. For example, roadside planting could be an effective
means of reducing visual impacts (and could also secure biodiversity
benefits).
The 500kV grid is critical infrastructure for energy projects and a number of
energy generation projects have been attracted to locations along the
transmission line corridor. At a strategic planning level, the Panel sees merit
in anticipating the various implications of continued demand for
development in proximity to the 500kV power transmission line and gas
pipelines.
As noted in Chapter 8.1, the project is also expected to place significant
demands on the labour market, housing and community services and both
the benefits and demands would be compounded by concurrent construction
of multiple projects.
It is noted that DSE has already established a dedicated officer to ensure
effective responses to major infrastructure projects. After the hearing the
Shire of Moyne forwarded a copy of a letter from the Minister for Planning
(dated 10 June 2010) which responded to Municipal Association of Victoria’s
proposal for a ‘partnership approach’ to the planning and development of
Wind Energy facilities in Victoria. In that letter the Minister supported the
allocation of resources for regional co‐ordination and a dedicated wind farm
project manager and the development a regional‐scale dataset for South
West Victoria to assist in the assessment of cumulative effects of wind energy
facilities.
In addition to project based consultative processes as initiated by the Shire of
Moyne, the Panel sees strategic planning and co‐ordination of regulatory
processes on a sub‐regional level as important to achieve optimum outcomes
from the very substantial investment in the energy sector anticipated for the
region. The Panel considers the scope of initiatives being considered at a
state level should extend to other major energy projects. DPCD would
appear to be the appropriate agency to lead such a process involve the range
of stakeholders including local government, public and private
service/infrastructure providers, project proponents, representatives of
business organisations, and members of the community affected by
infrastructure projects. The Panel emphasises, however, that a pragmatic
approach with a strong focus on specific outcomes that can be realised within
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the lead time of the projects will be vital. This is likely to involve identifying
‘the low hanging fruit’ and measures that can be readily employed rather
than exhaustive analysis and consultative processes.
Recommendations
Develop a strategy for and implement specific measures to ensure effective
responses to the cumulative impacts of major energy projects in the
regions (Note: DPCD is suggested as the appropriate agency to lead such a
process).
Include cumulative impacts in the scoping requirements for future EES
assessments or matters to be addressed in application documentation for
future major infrastructure projects.
Require the Proponent (and proponents for future infrastructure projects)
to enter into a Section 173 agreement to the satisfaction of the DPCD and
the relevant planning authorities to contribute to the cost of planning for
and developing co‐ordinated responses to the various major infrastructure
projects in the region.
Evaluate the merits of upgrading roads to provide better connections
between the Shaw River and Tarrone power station sites with the quarry
to the south east, and, if substantial benefits are identified, the appropriate
basis for contributions to such works.
Wannon Water investigate the potential to upgrade the capacity of the
water supply mains to the Power Station to meet the needs of the proposed
Tarrone Power Station and other users along the pipeline route.
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11. Framework for Managing Environmental Effects and Risks
EES Evaluation Objective: To provide a transparent framework with clear
accountability for managing environmental effects and risks associated with the
project to achieve acceptable outcomes.
11.1 Certainty, Community Consultation and Accountability
11.1.1 Certainty
The appropriate balance between certainty and flexibility provided by the
planning framework is a perennial issue of concern to both proponents and
those who are directly affected by proposals. On the one hand the proponent
seeks an efficient approvals process with assurances about the basis for
approvals but with a level of flexibility to respond to issues that may arise as
designs develop. On the other hand, others who may be directly affected
generally seek certainty that their interests will be protected and that the
basis for the EES submissions and assessment is not compromised by
subsequent changes.
The proposed regulatory framework (ie planning scheme, EPA works
approvals and licences, pipeline license) prescribes requirements or
performance expectations in relation to:
air and water quality (via SEPPs); and
SUZ2 specifies the following matters, all of which can be varied with the
approval of the responsible Authority:
a maximum building footprint and overall height via the SUZ2
development plan requirements ‐ 45 hectares (including the switch
yard area but excluding the area used for accommodation, outdoor car
parking and landscaping) and a maximum overall height of 50 metres
above ground level;
the Hamilton – Port Fairy and Riordans Road intersection is to be
upgraded to the satisfaction of VicRoads and the responsible
authority; and
provision of 50 staff car parking spaces and 5 visitor car parking
spaces (Operations EMP).
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Otherwise, the framework proposed specifies the scope of matters to be
addressed in subsequent planning approvals or licenses but does not address
the nature of responses that are expected.
As the submission on behalf of the Morgan‐Paylers emphasised, the EES
process constitutes the only opportunity for third parties to voice their
concerns about potential amenity impacts, to ensure that appropriate
mechanisms and safeguards are in place to adequately mitigate impacts on
the locality, and to secure rights in relation top enforcement if breaches of
obligations occur. It was submitted that the basic parameters for EMPs
should be established in the regulatory framework.
Mr Chessell argued that the SUZ2 does not provide sufficient assurance of
compliance with appropriate noise criteria. He argued that without an
effective monitoring regime specified in the Schedule third parties would
have little opportunity to pursue meaningful enforcement proceedings in the
event that the facility fails to comply with the terms of the Construction EMP
and Operations EMP. Mr Chessell submitted that the SUZ2 should specify
an EMP requirement to comply with the noise limits specified in the EPA
Interim Guidelines.
The Panel is concerned that the EPA does not intend to specify noise limits at
the nearest residence in the Works Approval. During questioning Mr Napier
advised that the Power Station would be constructed as a ‘turn key’ contract
which would include a noise limit requirement as part of the contract
conditions. If there is no limit specified by the EPA then there is a reduced
incentive to ensure that the Proponent makes all appropriate efforts to
minimise the impact of noise on the adjacent properties.
Mr Power strongly opposed specifying noise limits in the SUZ. He
submitted that it is not common practice to specify noise performance
standards in the planning scheme and referred to a general principle
expressed by VCAT in Australia Pty Ltd and PWM (Lyndhurst) Pty Ltd v
Greater Dandenong CC (the Sita decision) that planning permits should not
duplicate matters more appropriately regulated via licenses and works
approvals administered by the EPA, which is the pre‐eminent expert body in
relation to controlling pollution. The decision adopted the view that
conditions in planning permits should not seek to control the same matters
that are controlled by an EPA license or works approval, although a
planning permit condition requiring compliance with a license or works
approval was seen as acceptable. The reason for this approach was the fixed
nature of planning permit conditions compared to EPA license conditions
which are continually upgraded to reflect improvements to environmental
best practice and changes in government policy. The decision emphasised
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that it is in the community’s best interests that current best practice is
observed when dealing with potentially polluting uses.
The Panel notes that the Sita decision related to a permit and associated
conditions, rather than establishing the planning framework parameters
under which, for example, it is determined when a use should be as of right
or when third party rights should apply. The Panel also notes that the EPA
has no statutory power to licence noise.
It is usual in Planning Schemes to adopt the noise criteria specified in
nominated EPA Guidelines. For example, SPPF Clause 15.09 and
Corangamite SUZs for Gas Processing Plant refer to compliance with the
Interim Guidelines. However, the criteria supported in this instance
represent a departure from the standards referred to in SPPF Clause 15.09.
Further, the EES assessment of the Power Station and the endorsement of the
use being as of right had regard to the compliance with various development
parameters, including the noise levels that would be experience by sensitive
uses.
It is our opinion that the neighbours are entitled to an assurance of the noise
limit that will apply to the project and these third parties should have an
avenue to enforce the noise limits. Reliance only on the EPA Works
Approval does not provide that right and the EPA does not ‘license’ noise
emissions. Similarly, the Proponent should be provided with a clearly
defined and acceptable noise level for both design and operation. The Panel
considers noise limits should be specified as requirements for the Operations
EMP in Schedule 2 to the SUZ. The works approval for the project should
also specify the maximum noise criteria to be satisfied.
The Panel also notes comments of the Panel that considered the Mortlake
Power Station EES which are also relevant to the current EES:
The Panel is concerned in particular that some of the ‘mitigation’ measures
that the Proponent is suggesting will be put in place do not neatly fit
within the legal ambit of some of the other regulatory mechanisms. Also
some of the subsequent approvals will not take place for a number of years
and the Proponent has indicated that the responsibility for seeking the
subsequent secondary authorisations may fall to contractors or indeed sub‐
contractors. Also relevant is the fact that the EES assessment processes do
not treat a proposed project as a finite ‘application’ in the same way that
planning permit processes do. Accordingly there is no certainty that a
project which might gain Panel support will remain the same (including in
terms of detailed processes and procedures and mitigation commitments)
through subsequent approvals processes.
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Whereas that Mortlake Panel advocated the use of an agreement made under
Section 173 of the Planning and Environment Act to ensure that commitments
made in the EES are implemented and can be enforced, the Panel agrees with
the view put by Mr Power that that the use of agreements should be avoided
where possible.
The Panel considers that it is reasonable to anticipate that the agencies
responsible for subsequent approval of works approvals, licenses and EMPs
will give considerable weight to the commitments in the EES and the
Minister’s assessment. We also recognise that the EPA and Minister for
Energy and Resources have robust powers under the Environment
Protection Act and the Pipelines Act respectively.
Nevertheless, the Panel does appreciate the concerns expressed by the
Morgan‐Paylers, particularly in relation to the Power Station, which has
greater potential for ongoing impacts than the other elements of the project.
Like the zones applied to gas plants in the region, the Panel considers that
the SUZ2 should explicitly recognise the EES and the Minister’s assessment
as the basis for secondary approvals. The schedule to the zone should also
establish key performance expectations rather than simply specifying the
scope of the further plans to be submitted for approval (see further
discussion in Chapter 11.3).
11.1.2 Co-ordination between Regulatory Agencies
There was a consensus from those who presented at the Hearing that the EES
Technical Reference Group (TRG) had been a constructive process. Indeed
the process appears to have established a high degree of confidence amongst
those involved that that it will be possible to identify appropriate response to
those issues that remain to be resolved or are likely to arise during further
development of the project design. This is a credit to both the Proponent
(and those working on its behalf) and the regulatory agencies. The TRG and
the Shire of Moyne’s community liaison processes appear to have opened
channels of communication between agencies and these co‐operative
working arrangements should be maintained.
The planning framework seeks to avoid duplication of approval processes by
minimising the number of separate approvals with an expectation that
agencies responsible for particular approvals will draw on the specialist
expertise of other agencies where necessary. For example, the Clause 52.03
incorporated document requires DSE approval of offset plans for the
removal of native vegetation and, although there is no statutory obligation to
do so, DPI advised that approval to remove native vegetation on the gas
pipeline and the offsets required would also be subject to approval by DSE.
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The Panel considers that the SUZ2 should specify that the Planning
Authority should have regard to the views of nominated agencies when the
Development Plan and EMP are assessed. This will recognise that review is
required by those with more specific expertise than is available to Council
(see discussion below).
11.1.3 Consultation
The Shire of Moyne advised it intends to continue a forum for Proponents,
community members and relevant agencies relating to major infrastructure
projects, such as the Mortlake Power Station and the current project.
After the hearing the Shire of Moyne forwarded a copy of a Draft charter for
a ‘Community Engagement Committee’ for this project which would include
the Mayor, two councillors, three community representatives and two
representative of the proponent with others invited to attend meetings but
they would not be regarded as members of the Committee. The Draft
Charter identifies the following purposes for the Committee:
1. To provide advice on strategies to ensure the effective flow of information
to and from the community regarding the proposed Shaw River Power
Station project.
2. To act as a conduit for information flow between Council, the project
proponent and the community, regarding the progress of the Shaw River
Power Station project.
3. To contribute to a transparent planning process for the project, whilst not
duplicating the required statutory components of that process.
4. To assist where relevant in the resolution of issues that may arise during
the pre‐construction, and if necessary during the construction and
operational phases of the Shaw River Power Station.
5. If the project proceeds to construction, be a forum to assist Shaw River
Power to demonstrate their performance against the regulatory
obligations.
The EPA also indicated that monitoring of the project should be developed in
consultation with the local community consistent with an environmental
improvement program. EPA guidance and assistance to develop such a
program is available41.
The Shire of Moyne is commended for implementing this initiative. It was
evident at the hearing that these consultative arrangements have provided a
41 Environment Improvement Plans – An Overview Publication 938 February 2004, Guidelines For
Running Community Liaison Committees November 2001 Publication 740
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valuable avenue for communication between Council, the Proponent and the
community during the preparation of the EES.
Consultative arrangements will continue to be important and will have an
extended role during construction and operational phases of the project. The
Panel sees significant merit in the operation of a forum with the roles
identified above. However, it considers the participation of key agencies is
necessary to fulfil the roles of facilitating co‐ordination between regulatory
agencies (particularly Council, EPA, DSE and DPI), reporting construction
progress and performance monitoring information, and establishing a point
to expedite action on complaints identified. As Council (and other agencies)
have specific statutory responsibilities, the Panel also queries the
circumstances where voting, as opposed to recording views in minutes,
would be necessary or appropriate.
The need for meetings will vary over the life of the project and should be
regularly reviewed.
A similar but more limited process, led by the Shire of Corangamite, should
also be in place during construction and rehabilitation phases for land in that
shire affected by the pipeline.
The Panel considers the Proponent should agree to contribute to resourcing
the process.
After the hearing, the Shire of Moyne forwarded a copy of a letter from the
Minister for Planning (dated 10 June 2010) which responded to Municipal
Association of Victoria’s proposal for a ‘partnership approach’ to the
planning and development of Wind Energy Facilities in Victoria. In that
letter the Minister supported, amongst other things:
the allocation of resources for regional co‐ordination and a dedicated
wind farm project manager to, amongst other things explore models for
co‐funding so that access to independent technical expertise is improved;
and
investigation of opportunities to develop a regional‐scale dataset for
South West Victoria to assist in the assessment of cumulative effects of
wind energy facilities.
The Panel considers these are both positive initiatives and their scope should
be extended to encompass other major energy projects, such as the proposed
gas fired power stations and possible geothermal proposals.
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11.1.4 Compliance Testing
Accountability for compliance with commitments in the EES and subsequent
conditions of approvals is important to maintain community confidence as
well as achieving the expected mitigation of potential impacts. The Panel
considers that compliance testing by a suitably qualified, independent person
at relevant stages of the development process is important to ensure the
implementation process is adequately informed and breaches are resolved at
the earliest opportunity. This approach should avoid adverse impacts and
minimise the need for subsequent enforcement processes. It also
supplements the expertise available to the regulatory authority in the
determination of compliance on technical matters.
11.1.5 Access to Appropriate Expertise
The Minister for Planning’s response (dated 10 June 2010) to the Municipal
Association of Victoria’s proposal for a ‘partnership approach’ to the
planning and development of Wind Energy Facilities in Victoria is also
relevant to other major infrastructure projects put forward for development
in the region. It is noted that the Minister did not support the establishment
of a technical reference group such as would support an EES but he advised
that sufficient independent expertise exists within the State Government and
the pilot can explore how to improve Council access to those skills.
This Panel considers the task of identifying options to augment local
government expertise in relation to Wind Energy Facilities should extend to
other major infrastructure projects in the region. For the project currently
being considered, the following recommendations have a role in ensuring
decisions are underpinned by an appropriate level of technical expertise:
nominating in the SUZ2 that the Responsible Authority should have
regard to the comments of the nominated agencies (including DPI, EPA,
DSE, VicRoads, ESV, WorkSafe Victoria) as relevant;
independent auditing of compliance with specified criteria by a suitably
qualified person; and
active ongoing involvement in project specific consultative arrangements
by agencies with responsibility for project approvals or with specific
technical expertise.
Panel Recommendations
Include in EMPs, requirements for independent compliance testing by
suitably qualified people, at relevant stages of the development process.
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11.2 Environmental Management Plans
Environmental management plans (EMPs) are to be prepared under separate
regulatory frameworks for each of the three project components: the Power
Station site; gas pipeline and compressor station; and water pipelines. These
plans are the principal implementation tools to manage environmental
impacts during construction and operation and as such, should reflect the
various regulatory requirements.
The exhibited Strategic EMP sets the framework for development of the
EMPs. The Strategic EMP is supported by an Integrated Risk Assessment
that includes an assessment of residual risks, thus far in the project and also
contains Management Guidelines for the full range of aspects of the project.
The Management Guidelines provide a summary of environmental
management issues, objectives for management, performance criteria,
mitigation and management measures (identified through the impact
assessment process) and monitoring requirements for each environmental
management aspect relevant to the project.
Site specific water course crossing management plans are proposed to be
prepared under the Construction EMPs for both the gas pipeline and water
pipelines. This approach will address the residual risks associated with
finalising the pipeline routes and construction methods, particularly where
subject to geotechnical investigations. Final impacts on flora and fauna
cannot be assessed until crossing methods are determined and further
targeted surveying may be required, such as for aquatic communities.
In addition to site specific management plans, species specific mitigation
measures have been identified for significant flora and fauna species and will
be incorporated in the Construction EMPs.
Measures that are site specific and go beyond the generic have been
consolidated into the table of Environmental Management Commitments.
The Panel considers the Strategic EMP and Environmental Management
Commitments provide a sound starting point for development of the
Construction EMPs. Therefore, the Panel has confined its attention to those
issues considered to be outstanding, in relation to requirements of the EMPs.
The following section consolidates various recommendations to address key
issues identified at the hearing through specific inclusions in the EMPs.
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11.2.1 The Power Station Site
Both Construction and Operations EMPs are proposed as part of
Amendment C36 and will be subject to approval and monitoring of
implementation by Moyne Shire Council. Moyne Shire noted that the scope
of the environmental management plans, as presented in the proposed
Amendment C36 was not well developed. The Panel agrees with this view
and recommended the addition of more specific requirements on key issues.
Additional requirements in the Construction and Operations EMPs (required
under both SUZ2 and EPA approvals) for the Power Station site, arising from
the Panel’s recommendations include:
monitoring program for the Southern Bent‐wing Bat on the Power Station
site, generally in accordance with the preliminary monitoring program in
Appendix D;
monitoring for the impacts of discharges from the Power Station site on
aquatic ecosystems in the Shaw River, generally in accordance with the
preliminary monitoring programs in Appendix D;
vegetation management plans for any vegetation removal associated with
construction on the Power Station site and surrounds, in order to provide
appropriate management guidelines for these works and prepared to the
satisfaction of DSE;
restrictions on construction activities and construction noise management
to the satisfaction of EPA and the Responsible Authority;
noise monitoring under representative conditions at sensitive receptors
near the Power Station and compressor station during the commissioning
of each stage of the project to confirm compliance with the criteria;
compliance with the specified operational noise limits to be included in
Operations EMP;
an Off‐site Landscaping Plan to mitigate the visual impact of the Power
Station from all dwellings within 3km of the Power Station site;
management of air emissions (dust) from construction of the Power
Station, based on the recommendations in EPA Victoria’s Environmental
Guidelines for Major Construction Sites;
Safety Management Plan, prepared by a suitably qualified person; this
should also provide for the Responsible Authority to have regard to the
views of ESV, WorkSafe Victoria, the CFA and the SES.
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11.2.2 Gas Pipeline and Compressor Station
Construction and Operations EMPs are required under the Pipelines Act, for
the gas pipeline and compressor station. Approval and implementation of
the Construction and Operations EMPs are overseen by DPI and Energy Safe
Victoria, respectively.
The Pipelines Regulations 2007 specify the scope of a Construction EMP which
must encompass all pipeline construction activities and must address specific
environmental protection strategies and risk mitigation methodologies.
DPI advised that it adopts the following practices before it accepts the
Construction EMP:
a Cultural Heritage Management Plan must be accepted by the RAP or
equivalent;
specialist technical advice from DSE will also be sought in relation to flora
and fauna management issues to be incorporated in the Construction
EMP and a Native Vegetation Offset Plan must be accepted by DSE; and
referral of the Construction EMP to relevant government agencies for
expert comments.
Prior to the commencement of the construction or operation of the gas
pipeline, a safety management plan must be accepted by Energy Safe
Victoria and must include both Construction and Operations safety
management plans, prepared in accordance with the appropriate Australian
Standards. Additional requirements in the Construction and Operations
EMPs for the gas pipeline and compressor station, arising from the Panel’s
recommendations include:
measures to protect and re‐instate dry‐stone walls that may be impacted
by construction, to be included in the Construction EMP;
rehabilitation to former condition including:
rehabilitation monitoring for a minimum period of three years;
immediate post construction audits to confirm native vegetation
offsets; and
audits at two years post construction, to confirm actual native
vegetation losses and revise offsets, if required.
site specific rehabilitation techniques and monitoring measures for
rehabilitation success, specific to terrestrial flora and fauna identified
through targeted surveys;
rehabilitation techniques and monitoring requirements to be included in
the Construction EMP, specific to aquatic flora, including measures to
address the constraints on re‐establishment of aquatic flora species,
imposed by stream flow;
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management of air emissions (dust) from construction based on the EPA
Environmental Guidelines for Major Construction Sites and the
Australian Pipeline Industry Association Code of Environmental Practice;
include restrictions on construction activities and construction noise
management measures to the satisfaction of EPA and the Responsible
Authority;
inform residents of the nature of the works, expected noise levels,
duration of works and a method of contact;
manage the noise impacts of the construction of the gas and water
pipelines under the EPA Noise Control Guidelines (Publication 1254:
October 2008; and
adopt the standards and procedures in ‘Australian Standard for Protection
of Trees on Development Sites 2009’ net gain assessments for any implied
further losses of old trees with post‐construction auditing of actual losses.
11.2.3 Water Pipelines
Permission will be required to construct the water supply pipelines through
several waterways, including Ware Creek through a ‘Works on Waterways’
permit issued by CMAs. This will be supported through the site specific
water crossing management plans that will be prepared by the Proponent
and incorporated in the Construction EMP.
Additional requirements in the Construction and Operations EMPs for the
water pipelines, arising from the Panel’s recommendations include:
rehabilitation to former condition including:
the management of excess excavated material;
rehabilitation monitoring for a minimum period of three years;
immediate post construction audits to confirm native vegetation
offsets; and
audits at two years post construction, to confirm actual native
vegetation losses and revise offsets, if required.
requirements for the protection and re‐instatement of dry‐stone walls in a
Construction EMP (under Clause 52.03);
site specific rehabilitation techniques and monitoring measures for
rehabilitation success, specific to terrestrial flora and fauna identified
through targeted surveys, to be included in the Construction EMP;
rehabilitation techniques and monitoring requirements to be included in
the Construction EMP, specific to aquatic flora, including measures to
address the constraints on re‐establishment of aquatic flora species,
imposed by stream flow;
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vegetation management plans for any vegetation removal associated with
construction on the Power Station site and surrounds, in order to provide
appropriate management guidelines for these works and prepared to the
satisfaction of DSE;
management of air emissions (dust) from construction based on the EPA
Victoria’s Environmental Guidelines for Major Construction Sites;
include restrictions on construction activities and construction noise
management measures to the satisfaction of EPA and the Responsible
Authority;
inform residents of the nature of the works, expected noise levels,
duration of works and a method of contact;
manage the noise impacts of the construction of the gas and water
pipelines under the EPA Noise Control Guidelines (Publication 1254:
October 2008; and
adopt the standards and procedures in ‘Australian Standard for Protection
of Trees on Development Sites 2009’ in Construction EMPs and review net
gain assessments for any implied further losses of old trees.
11.2.4 Complaints Management
The Construction and Operations EMPs should include complaints
management procedures. The Panel suggests that the Australian Standard
Customer satisfaction – Guidelines for complaints handling in organizations
(AS10002:2006) and the associated handbook The Why and how of complaints
handling HB 229‐2006 provides valuable guidance on the establishment and
operation of an effective complaints management regime. This Standard
includes the following features:
readily accessible information, flexibility in methods of making
complaints and the ability for complaints to be made free of cost to the
complainant;
immediate acknowledgement of all complaints with on‐going on
responses to address issues raised;
closure of complaints by acceptance by the complainant of the actions
taken or, where necessary, advice to the complainant on alternative forms
of recourse available;
clear responsibility and accountability for development and
implementation of action plans and progress reporting;
detailed recording of complaints including the tracking through the entire
process; and
regular auditing of the complaints handling process.
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It is noted that, while these procedures aim to expedite the resolution of
complaints internally where possible, enforcements actions under the
relevant legislation may also be relevant.
Recommendation
Ensure the EMPs under the various approvals are consistent and are
generally in accordance with the Strategic EMP and Environmental
Commitments exhibited with the EES, as varied by recommendations of
this Panel and the Minister’s Assessment under the Environment Effects
Act.
Include complaints handling processes in EMPs that adopt the principles
outlined in Australian Standard Customer Satisfaction – Guidelines for
complaints handling in organizations (AS10002:2006).
11.3 Moyne Planning Scheme Amendment C36
Amendment C36 is proposed to facilitate the development of the Power
Station and water pipeline by:
rezoning the Power Station site from Farming Zone (FZ) to a Special Use
Zone 2 (SUZ2);
introducing an Environmental Significance Overlay (ESO4) to manage the
introduction of noise sensitive uses around the Power Station site; and
using Clause 52.03 to exempt the elements of the proposal from planning
scheme requirements if the associated incorporated document
requirements are met.
11.3.1 Schedule 2 to the Special Use Zone (SUZ2)
The rezoning of the Power Station site to SUZ2 establishes a regulatory
framework that provides for:
as of right use and development of gas‐fired power generation and
accommodation in moveable buildings for power station construction
workers (provided that conditions of the clause are satisfied);
approval of development plan and Construction EMP by the responsible
authority before development starts; and
approval of an Operations EMP by the responsible authority before the
use starts.
The SUZ2 regulatory framework relies on secondary approvals of the
Development Plan and EMPs rather than permit processes. As noted in
Chapter 11.2, the SUZ2 establishes the scope of these plans by indicating the
generic content but the only requirements specified (which can be varied
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with approval of the responsible authority) relate to the Power Station height
and footprint, the upgrade of the Hamilton – Port Fairy and Riordans Road
intersection and a requirement for 50 staff and 5 visitor car parking spaces
during operation.
The Panel considers the EES has established that there is a sound planning
rationale for the project and key environmental constraints are capable of
being addressed. In these circumstances, it is appropriate to for the zoning of
the land to establish a high degree of certainty for further approvals. The
Panel supports the as of right status of the Power Station but, as discussed in
Chapter 8.2, the Panel considers a construction camp should be subject to a
permit as the strategic justification for this use being as of right has not been
established.
Further, as noted in Chapter 11.1, the Panel considers the SUZ should specify
some key performance expectations, rather than just indicating the scope of
plans to be submitted.
Mr Clarke advised that the proposed SUZ 2 was modelled on the zoning
adopted for the Mortlake Power Station. However, in considering whether
noise and other matters should be specified in the regulatory framework for
the project, the Panel also reviewed other zones applied to infrastructure
projects in the region, such as SUZ1 and SUZ4 which apply to the Iona and
Woodside Gas Processing Plants at Port Campbell. In these SUZs, the
development of the gas plants is as of right but additional guidance is
provided about the expected performance on key matters. Significantly, the
zones applied to the gas processing plants specify that:
The Development Plan must:
be generally in accordance with a plan that is nominated; and
provide that the light emissions are no greater than those required
by safety regulations.
Requirements specified for the EMPs include:
air emissions. The limits for CO, nitrogen oxides expressed as
‘NOx’ and mercaptans and other emissions must accord with the
limits established in the specified Works Approval and Licence
Framework Plan;
the noise limits must be established in accordance with the Interim
Guidelines, and prescribe octave band levels of no greater than
Lbg plus 10 dB(A);
the EMP must address the principles, actions and commitments
contained the exhibited Environment Effects Statement except
where they are specifically varied in the Minister’s assessment of
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Environmental Effects and Panel Report or by the conditions of
other statutory approvals; and
the EMP must provide for agreements made pursuant to Section
173 of the Planning and Environment Act 1987 in relation to a range
of maters such as: off‐site vegetation buffers, dams to meet fire
fighting requirements, the sealing of nominated roads, control of
use of adjacent roads by heavy vehicles, the use of a particular
property as a construction camp, the fire management/emergency
plan (including training their personnel), the setting up of an
Environmental Review Committee, and provision for owners of
land generally within 800 metres of the plant to forgo further
development for sensitive uses in exchange for financial
reimbursement.
The Panel supports specifying in the SUZ2 that the Development Plan and
EMPs must address the principles, actions and commitments contained in
the exhibited Environment Effects Statement except where they are
specifically varied in the Minister’s assessment of Environmental Effects and
Panel Report or by the conditions of other statutory approvals. In addition,
the Panel’s recommendations from earlier chapters that relate to particular
requirements should be specified in the requirements in the relevant further
plans required under SUZ2. These include:
compliance with recommended noise limits;
compliance with SEPP (Air Quality Management) and SEPP (Waters of
Victoria) design criteria and standards;
matters identified in Chapter 6.2 recommendations relating to Safety
Management Plans;
a sealed upgrade of Riordans Road from the Hamilton – Port Fairy Road
intersection to the entrance of the Power Station (before development
starts) and internally for all roads regularly used by B double vehicles
incorporation of management measures within the approved Cultural
Heritage Management Plan;
‘Off‐site Landscaping Plan’ to mitigate the visual impact;
site specific requirements in construction EMPs which include
appropriate rehabilitation techniques and monitoring measures for both
aquatic and terrestrial flora; and
Southern Bent‐wing Bat monitoring on the Power Station site.
The Panel has reviewed the drafting of the exhibited Schedule 2 to the SUZ
and makes the following comments:
it is noted that SUZ2 does not require a permit for buildings and works
that rearrange, alter or renew existing plant if the area or height of the
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plant is not increased. While the apparent intent of this exemption
appears reasonable, the Panel considers that the location of the plant or
works is also likely to be relevant in the original approval of development
and management plans (for example to avoid wetlands) and therefore
should also be included as a condition of this exemption;
the exemptions also apply to ‘… a minor rearrangement of on‐site roads and
access ways, car parking areas and landscaping provided that their areas and
effectiveness are not diminished.’ The Panel is concerned that this exemption
could allow changes to parking or access which could have adverse
environmental impacts eg on water management. It considers the
exemption applicable though the Development Plan process, which could
incorporate a significant degree of flexibility regarding car parking and
access, allows the range of issues to be addressed;
it may be clearer to refer to mitigation of impacts of the power on the
character and amenity of the surrounding area in the purpose of the zone;
and
the Panel also questions the adoption of the ‘open ended’ nature of uses
for which a permit may be sought. It is considered more appropriate to
translate the use table from the existing Farming Zone with the additional
as of right uses in the exhibited SUZ2 (except that construction camp
would be a section 2 use).
11.3.2 Schedule to Clause 52.03
Amendment to the schedule to Clause 52.03 proposes to replace planning
scheme provisions applicable to the following aspects of the project:
altering the access to Hamilton–Port Fairy Road at its intersection with
Riordans Road (with plans to be approved by the responsible authority
and VicRoads);
native vegetation removal associated with the upgrading of the Riordans
Road and Hamilton– Port Fairy Road intersection;
the use of land owned by the Proponent to the west and east of Old
Dunmore Road for a workers construction camp; and
the construction of the water pipelines from Port Fairy to the Power
Station site.
The removal of native vegetation allowed under the clause is subject to a
requirement for approval by DSE and the Responsible Authority of a plan
showing the extent of vegetation losses and an offset plan. It is noted that an
estimate of losses with post‐construction auditing to verify actual losses and
associated offset obligations is possible under this clause whereas the
incorporation of a native vegetation precinct plan under section 52.16 would
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require losses and offsets to be finalised and ‘locked in’ via incorporation into
the planning scheme before any development occurs.
Clause 52.03 has a purpose42 to:
To provide in extraordinary circumstances specific controls designed
to achieve a particular land use and development outcome (Panel
emphasis).
Site specific provisions in Clause 52.03 are only expected to be used to
achieve a particular land use or development outcome that cannot be
achieved otherwise and ‘which is consistent with a major issue of policy or
necessary to achieve or develop the planning objectives of Victoria43.
The Panel is satisfied that the facilitation of the development of this major
project satisfies the criteria. Further, the EES has provided an opportunity
for views on the project to be presented and the requirements for approvals
by DSE and Council relating to vegetation removal and VicRoads and
Council relating to the intersection works ensure appropriate scrutiny of the
nominated works.
However, in addition reference should be made in this clause to
Construction EMPs for the works. This will ensure that appropriate
environmental management measures are adopted for the road and water
pipeline works for which exemptions from permit requirements are
provided eg including a vegetation management plan, post development
audits of to enable adjustments to pre‐construction estimates of vegetation
losses and associated offsets, standard construction management techniques
and the like.
As discussed in Chapter 8.2, the Panel considers a construction camp should
be subject to a permit as the strategic justification for this use being as of
right has not been established. The assessment of any such application
would have regard to the outcomes of the accommodation and community
services strategy, as well as site specific design and management
considerations.
The original submission by the Proponent sought the deletion of the water
pipelines route maps in the Schedule to Clause 52.03, and instead propose
referencing almost identical maps in the incorporated document. The Panel
agrees with Mr Clarke that it is much more transparent to include the maps
of the land to which the clause applies in the schedule rather than the less
42 The other purpose relates to transitional provisions to accommodate some site specific planning
scheme provisions that applied when new format planning schemes were introduced. 43 See for example Pages 7 and 11 Manual for Victoria Planning Provisions.
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accessible incorporated document. The Panel also considers that the
schedule should indicate the address (as well as title and map details) for the
Proponents land to the east of Old Dunmore’s Road where it is
recommended that there should be discretion to apply for a permit for a
temporary construction camp.
11.3.3 Clause 52.17
It is proposed to exempt removal of native vegetation within SUZ2 from
permit requirements that would otherwise apply under Clause 52.17.
The Power Station is proposed on cleared land currently used for cattle
grazing and avoids remnant native vegetation on the site. If some losses of
native vegetation on the site do occur, the Proponent has committed offset
the losses in accordance with the Framework. There was no opposition to
this provision and the Panel accepts that appropriate commitments have
been made and will be implemented.
11.3.4 Environmental Significance Overlay 4
It is proposed to apply ESO4 to land extending from approximately 400‐
1,200m around the Power Station site which is predicted to be affected by
noise at a level of 34 dB(A) or more under adverse weather conditions. The
overlay introduces a permit requirement for development associated with
accommodation uses44.
There are currently no dwellings on the land to which it is proposed to apply
ESO4. Much of the land affected is currently owned by the Proponent (land
to the east of Old Dunmore Road) and or under plantation (adjoining land to
the north, south and west).
There were no submissions objecting to ESO4, although the Shire of Moyne
suggested it may be inconsistent to on the one hand apply the overlay and
then provide an exemption from permit requirements for the use and
development of a construction camp on the Proponent’s land to the east of
Old Dunmore Road.
The Panel accepts the justification of ESO4 to enables consideration of the
potential for landuse conflict and the creation of additional constraints on
power station operation due to the encroachment of sensitive uses. The
overlay would have a valuable role in identifying land where noise
emissions should be taken into account in future public and private decision
44 The Panel notes that some properties affected by the proposed ESO4 have lot sizes that satisfy the
condition for as of right development of a dwelling under the FZ.
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making. The primary purpose of the farming zone can continue but the
overlay triggers consideration of measures to protect the amenity of
associated residential uses and foreshadows the possible for the design of
any accommodation to incorporate measures to attenuate internal noise
levels and therefore reduce the potential for conflict.
Elsewhere the Panel has indicated that it does not support as of right
development of a construction camp on the land to the east of Old
Dunmore’s Road and the provisions of ESO4 would apply to that use. The
Panel notes that mitigation of noise in construction camp dwellings would be
a consideration after the first stage of developments the Power Station would
be operational. However, it is also noted that, while the noise levels are
higher than normally expected in rural area, they comparable to noise levels
in many urban areas with established residential uses and are not so great as
to automatically render the land as uninhabitable, particularly for temporary
residential use directly associated with the noise source.
Recommendations
Maintain a Project Liaison and Monitoring Committee which:
is led by the Shire of Moyne with active participation by the Proponent
and relevant agencies (including EPA, DPI, DSE);
includes representation of nearby residents; and
is resourced by the Proponent.
Establish a similar community liaison forum led by the Shire of
Corangamite to operate during the construction and rehabilitation phases
of the gas pipeline and Compressor Station.
Revise the proposed SUZ2 table of the uses to apply the existing Farming
Zone table with the additional as of right uses in the exhibited SUZ2
(except that construction camp would be a Section 2 use).
Specify in the SUZ2 that the Development Plan and EMPs:
must address the principles, actions and commitments contained in the
exhibited Environment Effects Statement except where they are
specifically varied in the Minister’s assessment of Environmental
Effects and Panel Report or by the conditions of other statutory
approvals;
that the Responsible Authority with have regard to the views of
relevant agencies (including DPI, EPA, DSE, VicRoads, ESV, WorkSafe
Victoria) as appropriate;
the particular requirements recommended by the Panel, including:
compliance with recommended noise limits;
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compliance with SEPP (Air Quality Management) and SEPP
(Waters of Victoria) design criteria and standards;
matters identified in Chapter 6.2 recommendations relating to
Safety Management Plans;
a sealed upgrade of Riordans Road from the Hamilton – Port
Fairy Road intersection to the entrance of the Power Station
(before development starts) and internally for all roads regularly
used by B double vehicles;
provision of sufficient parking at the Power Station to meet
requirements during construction phase and maintenance
periods;
incorporation of management measures from the approved
Cultural Heritage Management Plan;
an ‘Off‐site Landscaping Plan’ to mitigate the visual impact;
site specific requirements in construction EMPs which include
appropriate rehabilitation techniques and monitoring measures
for both aquatic and terrestrial flora; and
Southern Bent‐wing Bat monitoring on the Power Station site.
Include requirements in EMPs for auditing and testing of compliance by
suitably qualified people at key stages of development with performance
requirements of the following matters:
air emissions;
noise emissions;
surface water management systems and the quality of water discharged
from project sites;
impacts on native vegetation; and
post construction rehabilitation of pipeline easements.
Revise the exemptions from permit requirements in Clause 3 of Schedule 2
to the SUZ for buildings and works as follows:
‘Rearrange, alter or renew existing plant if the location, area or
height of the plant is not increased.’
Delete the exemption ‘‘result in a minor rearrangement of on‐site
roads and access ways, car parking areas and landscaping
provided that their areas and effectiveness are not diminished.’
Are accommodation and temporary amenities provided for
persons constructing and commissioning any plant on the land.
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Include the address of the land to the east of Old Dunmore Road in the
table in the schedule to Clause 52.03 and attach the relevant maps to the
schedule to that Clause.
Require a Construction EMP for exemptions from permit requirements
under Clause 52.03.
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Appendix A EES Inquiry Panel Terms of Reference
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TERMS OF REFERENCE
INQUIRY UNDER ENVIRONMENT EFFECTS ACT 1978
SHAW RIVER POWER STATION PROJECT ____________________________________________________________________________
1. BACKGROUND In September 2008, Shaw River Power Station Pty Ltd (a subsidiary of Santos Ltd) referred the proposed Shaw River Power Station Project to the Minister for Planning under the Environment Effects Act 1978.
The major components of the project are: A nominal 1500 MW gas-fired power station on farming land near Orford in Moyne Shire. A high-pressure gas pipeline (including a compressor station) from the existing gas
transmission system near the Iona and Otway gas plants at Port Campbell. A water supply pipeline from the Port Fairy Water Reclamation Plant to the proposed
power station (to be constructed and operated by Wannon Water).
In November 2008, the Minister for Planning decided that an Environment Effects Statement (EES) was required under the Environment Effects Act 1978 to assess the potentially significant effects of the Shaw River Power Station Project.
In July 2009, the Minister approved scoping requirements for the EES, which specify a range of matters to be addressed in the EES, including the investigation of relevant alternatives.
The EES was placed on public exhibition from 12 March to 27 April 2010, together with Amendment C36 to the Moyne Planning Scheme and Works Approval Applications WA67398, WA67399 and WA67400). Pipeline Licence Applications PL271 and PL272 were advertised concurrently under the Pipelines Act 2005.
Works cannot commence until a cultural heritage management plan has been approved under the Aboriginal Heritage Act 2006.
The Inquiry for the Shaw River Power Station Project is to be appointed by the Minister for Planning under section 9(1) of the Environment Effects Act 1978. After the Inquiry provides its report to the Minister for Planning, the Minister will prepare an Assessment of the environmental effects45 of the project under the Environment Effects Act 1978 to inform the relevant Victorian statutory decisions.
2. TASK The Inquiry is required:
i. To inquire into and make findings regarding the potential environmental effects of the Shaw River Power Station Project, including the construction and operation of the power station, the high-pressure gas pipeline and water supply pipeline and associated infrastructure requirements.
ii. To consider the exhibited EES, all submissions received in response to the exhibited EES as well as other relevant matters.
iii. To recommend any modifications to the Shaw River Power Station Project as well as environmental mitigation and management measures that may be needed to achieve
45 Under the seventh edition of the Ministerial guidelines for assessment of environmental effects (June 2006), environment
for the purposes of assessment includes the physical, biological, heritage, cultural, social, health, safety and economic aspects of human surroundings, including the wider ecological and physical systems within which humans live.
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acceptable environmental outcomes, within the context of applicable legislation and policy.
3. METHOD The Inquiry must consider the exhibited EES, any submissions received in response to the exhibited EES, the proponent’s response to submissions and other relevant information provided to or obtained by the Inquiry.
The Inquiry must conduct a public hearing and make other such enquiries as are relevant to its consideration of the potential environmental effects of the Shaw River Power Station Project. The Inquiry must be conducted in accordance with the following principles:
The inquiry hearings will be conducted in an open, orderly and equitable manner, in accordance with the rules of natural justice, with a minimum of formality and without the necessity for legal representation.
The inquiry process will aim to be exploratory and constructive, where adversarial behaviour is minimised.
Parties without legal representation will not be disadvantaged – cross-examination will be strictly controlled and prohibited where not relevant by the inquiry chair.
The Inquiry will meet and conduct hearings when there is a quorum of at least two of its members present including the Inquiry Chair.
4. OUTCOMES To prepare a report for the Minister for Planning presenting:
The Inquiry’s response to the matters detailed in section 2.
Relevant information and analysis in support of the Inquiry’s recommendations.
A description of the proceedings conducted by the Inquiry and a list of those consulted and heard by the Inquiry.
5. TIMING The Inquiry is required to report to the Minister for Planning in writing within six weeks of its last hearing date.
6. FEES The members of the Inquiry will receive the same fees and allowances as a panel appointed under Division 1 of Part 8 of the Planning and Environment Act 1987. APPROVED:
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Appendix B List of Submitters
CFA South West Area
Corangamite Shire
Department of Primary Industries
Environment Protection Authority
Glenelg Hopkins Catchment Management Authority
Moyne Shire
Ms Shirley Nicholls
Mr Geoff Saffin
Santos Limited
The Morgan‐Payler Family
Wannon Water
Wind Farm Developments
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Appendix C EES Table 2.1: Summary of Key Approvals and Assessments Required
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Appendix D Potential Bent-Wing Bat and Water Monitoring Principles
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Appendix E List of Abbreviations Used
Departments, Organisations and Businesses
AAV Aboriginal Affairs Victoria
AEMO Australian Electricity Market Operator
CFA Country Fire Authority
DPCD Department of Planning and Community Development
DPI Department of Primary Industry
DSE Department of Sustainability and Environment
EPA Environment Protection Authority
ESV Energy Safe Victoria
SES State Emergency Service
Zones and Overlays
ESO Environmental Significance Overlay
FZ Farming Zone
PUZ Public Use Zone
SUZ Special Use Zone
Other Terms
CCGT Combined‐cycle gas turbines
CHA Cultural Heritage Assessment
CHMP Cultural Heritage Management Plan
dB(A) Decibels, A weighting
EHSMS Environment, Health and Safety Management System
EMP Environmental Management Plan
EPBC Act Environment Protection and Biodiversity Act
EREP Environment and Resource Efficiency Plan
EVC Ecological Vegetation Community
FFG Flora and Fauna Guarantee
HAZID Hazard Identification
ha Hectare
HDD Horizontal Directional Drilling
km Kilometre
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kV Kilovolt
LPPF Local Planning Policy Framework
LVIA Landscape and Visual Impact Assessment
MRET Mandatory Renewable Energy Target
MSS Municipal Strategic Statement
NGER National Greenhouse and Energy Reporting Act 2007
NVMF Native Vegetation Management Framework
OCGT One open‐cycle gas turbine
RAP Registered Aboriginal Party
RWTP Recycled water treatment plant
SEPP State Environment Protection Policy
SEPP AQM SEPP (Air Quality Management) 2001
SEPP N‐1 SEPP (Control of Noise from Commerce, Industry and Trade) No N‐1
1989.
SIA Socio‐economic Impact Assessment
SPPF State Planning Policy Framework
vpd vehicles per day
VVP Victorian Volcanic Plain
WEF Wind Energy Facility
WP Warrnambool Plain
WRP Water Reclamation Plant
WWTP Waste Water Treatment Plant