Geelong Regional Commission Report of the Hearing

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Geelong Regional Commission Report of the Hearing GEELONG REGIONAL COMMISSION REPORT OF THE HEARING COMMIT I EE TO AMENDMENT NO. 6 TO THE GEELONG REGIONAL INTERIM DEVELOPMENT ORDER DECEMBER 1978 ~~ 1. 3099 452 GEE:H ,· .. ~ GEELONG REGIONAL COMMISSION 0 ·- REPORT OF THE HEARING ~OMMITTEE ON OBJECTIONS TO AMENDMENT No. 6 Td THE GEELONG REG)ONAL INTERIM DEVELOPMENT ORDER ~' \ , L-~------- -- ---~-- - -- -- -- 1( : 711. 00106487 "\ 3099 452 Report of the hearing I I GEE:H committee to amendment no. 6 to the Geelong regional interim DECEMBER' 1978 .· development order '~- i CONTENTS Introduction 1.0 Sequence of Events 2.0 Response to Issues Raised by Objectors J 3.0 Conclusions 4 4.0 Recommendations 1 5 Part A Modifications Part B Policy Guidelines Part C Determination of Objections Part 0 Final Comments Attachment "A" The I. C. I. Proposal Attachment "B" Objections to the Proposal Attachment "C" Hearing Committee - Initial Report Attachment "D" ~1inistry for Conservation - Assessment of Point Wilson Rezoning Environmental Effects Statement .. ii INTRODUCTION The following. report and its recommendations were adopted by the Geelong ·Regional Commission at its meeting on 7th December, 1978 and Notice of Approval of the Amendment appeared in the Government Gazette on 20th December, 1978 in a modified form. Modifications made by the Minister provided for the inclusion of the 11 Policy Guidel inesn as part of the statutory document (the Geelo~g Regional Interim Development Order) rather than have them adopted by the Shire and the Commission as policy as was originally intended by the Commission. No modifications were made to the map as adopted by the Commission and the final modified wording is as follows: After Sub-clause 23 (1) the following new Sub-clause shall be inserted: ''(lA) Notwithstanding the provisions of Sub-clause (1) of this clause in any of the areas defined below in the Table to this Sub-clause, the following provisions shaTl apply (a) All use and development shall be in accordance with a plan of development prepared to the satisfaction of the Responsible Authority in consultation with the Geelong Regional Commission. A plan of development shall be prepared fOr each major phase of works or building or redevelopment on such areas. (b) The Responsible Authority may approve a modification of a previously approved plan of development where it is satisfied that the changes and layout sought are of a minor nature and are consistent with the overall concept of the plan of development. (c) In considering any plan of development or application for a permit, if the Responsible Authority determines that information on the environmental impact of the propo~ed use is required in accordance with Sub-clause (5} to this Clause, it shall seek the advice of the Minister for Conservation as to whether a Preliminary Environment Report or Environment Effects Statement should be prepared for his assessment in accordance with Section B of the Environment Effects Act 1978. (d) In considering any plan of development or application for a permit, the Responsible Authority shall have regard to (i) the protection of existing wildlife I ~ . habitats and adjoining land uses through I the layout of plant elements on the site; .•. iii (ii) the direction of polluted stormwater and waste discharges away·from~~Viron- mentally sensitive areas; ·· (iii) the bunding and sealing of s~rfac~s·ta minimise environmental damage as ~ result of accidental leakage-of liquids in processing and storage areas or other locations where such leakage~.may occur; ( i v) the protection of wildl·ife ~abitats and significant bird flight paths-duri·ng the construction and operation of plant through measures to.minimise the adverse effects of erosion, noise, lighting and high structures and structure support wires; (v) the feasibility of closing or relocating the Point Wilson Road to the Explosives Reserve to provide further.protection to wildlife habitats; (vi) the feasibility of joint management of buffer areas and adjoining .lands for their habitats; and I I (vii) the planting and landscaping of buffer I ~reas in a manner which is consistent i with the requirements of adjacent wildlife ' habitats. Table to Clause 23 (1A) Firstly: Crown Portion B and part of Government Portion A of Section 1 part of Crown Portion A of Section 2 Parish of Murtc~in being the land more particularly descirbed in Conveyance No. 146 Book 695. Secondly: All those pieces of land being parts of Crown Portion B Section 2, part of Crown Portion A, Section 3, part of Crown Portions A and B Section 4, and part of Crown Allptment 2C Parish of Murtcain, being the whole of the land contained in Certificate of Title, Volume 8634 Folio 202." 2. In Sub-clause 23 (5) (a) there shall be added to the list of industrial purposes the· following i'ndustrial purpose, "Pet rochemi ca 1 Camp 1ex" . · · 3. Sheet Nos 5 and 6 comprising part of the Interim Development Order maps shall be varied in the manner and to the extent shown on the map attached hereto. "' One objection lodged by the Amendment by the Barra Group Pty. Ltd. was not heard by the. Hearing Committee. This objection was disallowed by the Corruniss-ion. .. GEELONG REGIONAL·COMMISSION Report of the Hearing Committee on Objections to Amendment No. 6 to the Geelong Regional I~terim Development Order 1.0 SEQUENCE OF EVENTS 1.1 This report considers the proposal by I.C.I. Australia Limited ·to establish a major petrochemical complex at Point Wilson, on the north shore of Corio Bay, and the consequent proposal by the Geelong Regional Commission to zone land at Point Wilson for ·industrial use to permit the I.C.I. project to proceed. The I .C. I. proposal is summarised in Attachment A. 1,2 ·J.C.I. Australia Limited requested the Geelong Regional Commission, on 16th January, 1978 to amend the Geelong Regional Interim Development Order to provide for an industrial zone or a special use zone over the 766 hectares (1,891 acres) Karr~rra Grazing Company property at Point Wilson. I.C.I. at that time·had purchased the property. (which was zoned Rural {_General Farmi.ng)}, on a con­ ditional basi.s. ·. 1.3 This formal request followed some weeks of preliminary discussions between I.C.I., the Commission, the Shire of Corio, the Geelong Water and Sewerage Trust and other relevant agencies. 1.4 At its meeting on 26th January, 1978 the Commission resolved to place on exhibition as Amendment 6 to the Geelong Regional Interim Development Order the proposed rezoning of land at Point .Wilson from Rural (General Farming) to Industrial "B", with an . 80 metre reserve of Proposed Public Open Space along the eastern ·and southern foreshores of the site, intended to protect public rights and interests in the foreshore areas. The proposed rezoning was placed on public exhibition in accordance with Section 17 of the Town and Country Planning Act 1961, from February 1, .1978. 1.5 During the calendar month ~f the period of exhibition, a variety· of objections to the proposed tezoning wer~ received and most objectors requested that their objections be heard, as provided for under Section 28 of the Town and Country Planning Act, 1961. 1.6- At its meeting of 30th March, 1978 the Commission resolved to establish a panel of five Commissioners to constitute a committee to hear objections to the proposal. The nominated Commissioners were: - 2 - Commr. R. Beckley (Chairman) Commr. W. McCann Commr. W. Whiteside Commr. B. Backwell Commr. B. D'Arcy 1.7 The Hearing Cgmmittee reviewed the objections received, and arrangements were completed for a hearing on May 5, 1978. The Minister for Planning was asked by the Commission to direct the Commission to take into account a number of late objections, and the appropriate direction was issued on 11th April, 1978. 1.8 Objections were heard on 5th May, 1978 with most objectors providing detailed and informative supplementary submissions to support their lodged objections. The objections are summarised in Attachment B. 1.9 Having heard the objections the Hearing Committee prepared an interim report which was presented to the Commission at its meeting of 27th July, 1978, and which concluded, among other things, that the Commission should seek an Environmental Effects Statement on the proposed development, as provided for in Clause 8 of the Environment Effects Act 1978. A copy of the Committee's conclusions at that time is included as Attachment C. 1.10 The Environment Effects Act provides that, once requested, the proponent of a development project shall prepare an Environmental Effects Statement which can then be made available for public comment. In the case of I.C.I. Australia Limited, a report titled "Point Wilson Rezoning, Environmental Effects Statement" was prepared under the general supervision of the Ministry for Conservation, the Commission, and the Town and Country Planning Board, and was made available for public comment for one month from 11th September, 1978. 1.11 The Minister for Conservation has responsibility for preparing an assessment of the Environment Effects Statement, taking into account any public comments received. Comments on the E.E.S. prepared by ICI were forwarded to the Minister for Conservation by a number of public agencies, interest groups and individuals, most of whom had previously lodged objections to the rezoning. 1.12 On 8th November, 1978 the Minister for Conservation wrote to the Chairman of the Geelong Regional Commission enclosing a copy of the·Ministry's assessment of the Statement, and seeking consideration of the conclusions of the.Ministry's report when decisions are made about the proposed rezoning. The Ministry's report, incorporating a summary of comments received on the Environmental Effects Statement, is included as Attachment D.
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