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Independent Review of the Port of Gladstone Report on Findings July 2013 © Commonwealth of Australia 2013

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Independent Review of the Port of Gladstone Report on Findings July 2013 © Commonwealth of Australia 2013 INDEPENDENT REVIEW OF THE PORT OF GLADSTONE Report on Findings July 2013 © Commonwealth of Australia 2013 This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from the Commonwealth. Requests and enquiries concerning reproduction and rights should be addressed to Department of Sustainability, Environment, Water, Population and Communities, Public Affairs, GPO Box 787 Canberra ACT 2601 or email [email protected] The views and opinions expressed in this publication are those of the authors and do not necessarily reflect those of the Australian Government or the Minister for the Environment, Heritage and Water. While reasonable efforts have been made to ensure that the contents of this publication are factually correct, the Commonwealth does not accept responsibility for the accuracy or completeness of the contents, and shall not be liable for any loss or damage that may be occasioned directly or indirectly through the use of, or reliance on, the contents of this publication. ii Independent Review of the Port of Gladstone – Report on Findings – July 2013 Contents Glossary vii List of shortened forms viii Executive summary x Findings and recommendations xii 1. Introduction 1 Background 1 Review process 2 Preliminary matters 6 Study area – Port of Gladstone 8 Environmental management and governance 10 References 13 2. Outstanding Universal Value 15 Introduction 15 The Great Barrier Reef World Heritage Area 15 The Port of Gladstone and surrounds 18 Protection of Outstanding Universal Value 20 Conclusion 22 References 22 3. Previous Reviews and Development Approvals 23 Introduction 23 Information used as a basis of existing approvals 25 Projects currently undergoing assessment 31 Conclusion 32 iii 4. Planning, Development and Management 33 Introduction 33 Port of Gladstone 50 Year Strategic Plans 34 Gladstone Ports Corporation land use plans 36 LNG Site Selection Study 36 Gladstone State Development Area 37 The Western Basin Master Plan 38 Planning issues 39 Conclusion 41 5. Environmental Concerns and Performance 43 Introduction 43 Key Pressures 43 Environmental concerns raised 47 Post approval compliance of approved developments 56 Conclusion 58 References 58 6. Port Optimisation 61 Introduction 61 Defining ‘best practice’ 61 Further information required 62 Conclusion 62 7. Programs and Arrangements 63 Introduction 63 Requirements of the Queensland Government 63 Requirements of EPBC Act approvals 66 Other initiatives 69 Integration of water quality governance measures 70 Public confidence 73 Conclusion 75 iv Independent Review of the Port of Gladstone – Report on Findings – July 2013 8. Implications for Traditional Owners and the Local Community 77 Introduction 77 Indigenous matters relating to development in Gladstone 77 Implications for local community 79 Conclusion 80 Appendix 1: Review Panel 81 Appendix 2: Table of Submissions 83 Appendix 3: Information Considered 84 Appendix 4: Table of Meetings 92 Appendix 5: Outstanding Universal Value 96 Appendix 6: OUV Attributes Expressed in the Port of Gladstone and Surrounds 100 Appendix 7: Developments and Permits 101 Appendix 8: Improvements to the Assessment and Approval Process since 2009 104 v Figures and tables Figure 1: Port of Gladstone 7 Figure 2: Port of Gladstone and surrounds 8 Figure 3: Conceptual framework for environmental management and governance 12 Figure 4: Great Barrier Reef World Heritage Area 16 Figure 5: The Port of Gladstone in 1981, 1999 and 2012 24 Figure 6: Gladstone State Development Area 38 Figure 7: Gladstone Airport Monthly Rainfall from 2009 to April 2013 44 Figure 8: Land use and habitat changes in the Boyne and Calliope catchments 45 Figure 9: Catchment loads of nutrients and sediments delivered to Port Curtis 46 Figure 10: Turtle strandings in Queensland ‘hotspot’ regions for the period 1 January 2009 – 30 April 2013 51 Table 1: Heavy industry located adjacent to the Port of Gladstone 46 Table 2: Port of Gladstone turtle strandings data 52 vi Independent Review of the Port of Gladstone – Report on Findings – July 2013 Glossary ANZECC guidelines: Australian and New Zealand Environment and Conservation Council guidelines for fresh and marine water quality (2000). Comprehensive strategic assessment: The Comprehensive Strategic Assessment of the Great Barrier Reef World Heritage Area and adjacent coastal zone. The department: The Australian Government Department of Sustainability, Environment, Water, Population and Communities. Environmental authorities: Legal instruments of authority relating to environmental protection legislation including but not limited to approvals, licences and permits. EPBC approvals: approvals under the Environmental Protection and Biodiversity Conservation Act 1999 The Minister: The Australian Government Minister for Sustainability, Environment, Water, Population and Communities (title at the time the Review was commissioned) or the Australian Government Minister for the Environment, Heritage and Water (current title). Operational Guidelines: the Operational Guidelines for the Implementation of the World Heritage Convention Port of Gladstone: the area defined by the Port of Gladstone Port Limits together with adjoining islands and landside areas, including reclamation areas, that support existing or consented industrial developments or are proposed to cater for future port-related industrial activities and supporting infrastructure. QASSIT guidelines: Queensland Acid Sulfate Soils Investigation Team guidelines for Acid Sulfate Soil Management. The Review: The Independent Review of the Port of Gladstone Sea Dumping Permits: Permits provided under the Environment Protection (Sea Dumping) Act 1981 World Heritage Convention: Convention Concerning the Protection of the World Cultural and National Heritage, adopted on 16 November 1972 vii List of shortened forms AMSA: Australian Maritime Safety Authority DEHP: Queensland Department of Environment and Heritage Protection DSEWPaC: Department of Sustainability, Environment, Water, Population and Communities DTRP: Dredge Technical Reference Panel EIA: Environmental Impact Assessment EIS: Environmental Impact Statement EPBC Act: Environment Protection and Biodiversity Conservation Act 1999 ERMP: Port Curtis and Port Alma Ecosystem Research and Monitoring Program FFVS: Future Fisheries Veterinary Service GBRMP: Great Barrier Reef Marine Park GBRMPA: Great Barrier Reef Marine Park Authority GBRWHA: Great Barrier Reef World Heritage Area GHHP: Gladstone Healthy Harbour Partnership GPA: Gladstone Ports Authority GPC: Gladstone Ports Corporation Limited IUCN: International Union for Conservation of Nature LNG: Liquefied Natural Gas MNES: Matters of National Environmental Significance NAGD: National Assessment Guidelines for Dredging 2009 NPI: National Pollutant Inventory data OUV: Outstanding Universal Value PASS: Potential Acid Sulfate Soil PCCC: Port Curtis and Coral Coast Traditional Owners PCIMP: Port Curtis Integrated Monitoring Program QCLNG: Queensland Curtis Liquefied Natural Gas viii Independent Review of the Port of Gladstone – Report on Findings – July 2013 QER: Queensland Energy Resources SAP: Sampling and Analysis Plan SDA: State Development Area ToR: Terms of Reference TUMRA: Traditional Use of Marine Resources Agreement UNESCO: United Nations Educational, Scientific and Cultural Organisation WBDDP: Western Basin Dredging and Disposal Project WHC: World Heritage Committee WICT: Wiggins Island Coal Terminal ix Executive summary The Port of Gladstone is the largest bulk commodity port in Queensland and the sixth largest in Australia. The area below the low water mark is within the Great Barrier Reef World Heritage Area (GBRWHA). The area is important for cultural and social reasons, used and valued by Traditional Owners, residents and visitors and it contains environmental attributes that contribute to the Outstanding Universal Value (OUV) of the Great Barrier Reef. The Port of Gladstone existed well before the Great Barrier Reef was inscribed on the World Heritage List in 1981 and the existing port limits have been in place since 1955. The port has expanded its capacity and development footprint since that time. There is a range of industries serviced by the port including agriculture, coal, bauxite and liquefied natural gas (LNG).The major industrial development in the area has occurred since the 1950s. The proximity of Gladstone to the resource extraction areas, sheltered waters, deep water and shipping channels has made the Port of Gladstone a critical link in the national, state and local freight network. The protection of the environment while economic growth is facilitated is often subject to a broad range of stakeholder views. In the GBRWHA, ports have become a key focus of attention. Ports occur in visible and sensitive inshore areas and involve activities that are necessary for economic performance and growth that can impact the environment both within and outside the port area. Planning, regulatory and management systems by multiple levels of government, designed to facilitate economic growth and maintain their function in the national, state and regional freight network, are often complex and poorly understood by the community. In 2010 and 2011 the approval of three LNG processing facilities on Curtis Island attracted international concern. Following significant weather events in early 2011 (including category five Cyclone Yasi), further concerns
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