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Planning Panels Victoria Expert Witness Guide (April 2019)

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Planning Panels Victoria Expert Witness Guide (April 2019) Inquiry and Advisory Committee Gas Import Jetty and Pipeline Project Date of Report: September 2020 Report prepared for AGL Wholesale Gas Limited and APA Transmission Pty Ltd Report prepared by Tim McBride-Burgess Inquiry and Advisory Committee Gas Import Jetty and Pipeline Project Date of Report: September 2020 Report prepared for AGL Wholesale Gas Limited and APA Transmission Pty Ltd Report prepared by Tim McBride-Burgess Contents 1 Introduction ............................................................. 3 2 Instructions and Information Relied Upon .......... 4 3 Facts, Matters and Assumptions .......................... 7 4 Summary of Key Issues, Opinions and Recommendation ................................................... 9 5 Consideration of Relevant Chapter and Exhibited Technical Reports ................................ 12 5.1 Preamble ...................................................... 12 5.2 State Policy Considerations ....................... 15 5.3 Local Policy Considerations ....................... 18 5.4 Pipeline Alignment Selection Process ...... 22 5.5 Proposed Segment Considerations ........... 27 5.6 Mainline Valve (MLV) locations .................. 40 5.7 Pakenham Delivery Facility ........................ 44 5.8 End of Line Scraper Station ........................ 48 6 Review of Submissions ........................................ 53 7 Review and Recommendations on the Mitigation Measures ............................................ 63 7.1 Review Measures Recommended in Chapter 25 of the EES ................................. 63 7.2 Review the Pipeline License Application .. 64 8 Conclusion ............................................................. 65 Attachment 1 Expert Witness Declaration Attachment 2 Information Relied Upon © Contour Consultants Aust Pty Ltd The information contained in this document is confidential and intended solely for the use of the client identified in the report for the purpose for which it has been prepared and no representation is made or is to be implied as being made to any third party. Use or copying of this document in whole or part without the written permission of Contour Consultants Aust Pty Ltd constitutes an infringement of copyright. The Intellectual property contained in this document remains the property of Contour Consultants Aust Pty Ltd. Gas Import Jetty and Pipeline Project Contour Consultants Aust Pty Ltd 3 1 Introduction 1 This expert witness statement has been prepared by Tim McBride- Burgess, Director at Contour Consultants Aust Pty Ltd (Contour Consultants) of Level 1, 283 Drummond Street, Carlton. Angela Ash, an Associate at Contour Consultants assisted in the preparation of this statement. 2 Attachment 1 provides a summary of my professional qualifications and experience in accordance with the Planning Panels Victoria Expert Witness Guide (April 2019). 3 I have been requested by Ashurst and Hall & Wilcox acting on behalf of AGL Wholesale Gas Limited (AGL) and APA Transmission Pty Ltd (APA) to consider the town planning and amenity impacts of the Pipeline Works proposed as part of the Gas Import Jetty and Pipeline Project (the Project). I was not involved in the preparation of the EES or various Technical Reports that form part of the EES. 4 My opinions and recommendations are set out in this expert witness statement. 5 I acknowledge that my colleague Andrew Biacsi, also a Director at Contour Consultants, has been separately engaged by AGL and APA to assess the strategic planning issues associated with the proposed works at the Crib Point Jetty including in respect of draft Planning Scheme Amendment C272 to the Mornington Peninsula Planning Scheme. 1 Gas Import Jetty and Pipeline Project Contour Consultants Aust Pty Ltd 4 2 Instructions and Information Relied Upon 6 My instructions are set out in a brief received from Ashhurst and Hall & Wilcox (dated 7 August 2020). My instructions are to consider the town planning and amenity impacts of the Pipeline Works component of the proposed Gas Import Jetty and Pipeline Project (the Project). 7 The Project consists of two key sets of works: • the Pipeline Works which are to be developed by APA; and • The Gas Import Jetty Works which are to be developed by AGL. 8 My instructions outline that the scope of the Pipeline Works includes: • an underground gas pipeline approximately 57 kilometres long linking the Crib Point Receiving Facility at Crib Point and the VTS east of Pakenham (noting that various options were considered for the route and minor deviations may continue to arise due to negotiations with affected landowners along the route); • a pigging facility at the Crib Point Receiving Facility to enable in-line inspections of the pipeline with a pipeline inspection gauge (pig); • an above-ground Pakenham Delivery Facility adjacent to the Pakenham East rail depot to monitor and regulate gas; • a below-ground End of Line Scraper Station (EOLSS) located at the connection point to the VTS, north of the Princes Highway in Pakenham; and • two above-ground mainline valves (MLV1 and MLV2) located at different points along the pipeline alignment to enable isolation of the pipeline in an emergency. 9 The scope of my engagement is confined to consideration of the town planning and amenity implications associated only with the Pipeline Works extending from Crib Point to the Pakenham. I have not been requested to consider the town planning implications associated with the Gas Import Jetty Works and proposed Planning Scheme Amendment (PSA C272). 10 The Environmental Effects Statement (EES) has been jointly exhibited together with the following Key Approval Documentation: • a Pipeline Licence Application under the Pipelines Act 2005 (Pipelines Act 2005) for the Pipeline Works; • a Works Approval Application under the Environment Protection Act 1970 (EP Act) for the Floating Storage and Regasification Unit (FSRU) component of the Gas Import Jetty Works; and 2 Gas Import Jetty and Pipeline Project Contour Consultants Aust Pty Ltd 5 2 Instructions and Information Relied Upon • a Planning Scheme Amendment (PSA) to the Mornington Peninsula Planning Scheme (C272), which will apply a Specific Controls Overlay and Incorporated Document to facilitate the use and development of land at Crib Point with the Gas Import Jetty Works. The PSA will also extend the Port Zone further around the jetty and rezone some anomalous areas to Port Zone. 11 I am instructed and understand that if a Pipeline Licence is issued in respect of the Pipeline Works, planning permission will not be required in respect of either the use or development of the Pipeline Works by operation of Section 85 of the Pipelines Act 2005. 12 My instructions, however, are to consider the land use and amenity impacts of the Pipeline Works component of the Project in the context of the environmental effects assessment to be undertaken pursuant to the Environmental Effects Act 1978 (Vic) (the EE Act) and the Pipeline Licence Application made pursuant to the Pipelines Act 2005. 13 In this regard, Section 49 of the Pipelines Act 2005 sets out the matters the Minister for Energy, Environment & Climate Change must consider when granting a licence. An extract of Section 49 follows: s.49 In determining an application for a licence, the Minister must consider the following----- (a) the potential environmental, social, economic and safety impacts of the proposed pipeline; (b) the potential impact of the proposed pipeline on cultural heritage (including Indigenous cultural heritage); (c) the benefit of the proposed pipeline to Victoria relative to its potential impacts; (d) the submissions received under section 34 in relation to the application; (e) the report of the panel (if any) on the submissions received in relation to the application; (f) the assessment of the Environment Effects Minister in relation to the proposed pipeline, if an assessment has been made; (g) any written comments received from the Planning Minister or the relevant responsible authority on the effect of the proposed pipeline on the planning of the area through which it is to pass; (h) any written comments received from the Water Minister and from the relevant Crown Land Minister on the impact of the proposed pipeline. Gas Import Jetty and Pipeline Project Contour Consultants Aust Pty Ltd 6 2 Instructions and Information Relied Upon 14 My instructions are to consider Chapter 17 - -- Land Use of the EES and the Technical Report L Land Use Impact Assessment that address the relevant town planning context for The Project. I have also been directed to consider EES Technical Report L which also addresses town planning matters. 15 I have also been provided with a copy of the IAC RFI dated 16/09/20 and considered and responded to the specific requests accordingly. 16 My evidence has been prepared on the basis that there is a demonstrated need for the Project. Confirmation of this is a matter for others. My considerations are confined to the town planning and amenity considerations associated with the proposed construction and operation of the Pipeline Works as proposed by the proponent. 17 A list of the documentation and material I have relied on in preparing my evidence is included at Attachment 2 of this statement. Gas Import Jetty and Pipeline Project Contour Consultants Aust Pty Ltd 7 3 Facts, Matters and Assumptions 18 The facts, matters and assumptions I have relied upon in preparing this witness statement include the following: • The Project consists of two key sets of works: − the Pipeline Works which
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