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2. the Panel Process CHANNEL DEEPENING EES PANEL REPORT – 11 FEBRUARY 2005 Page 14 2. THE PANEL PROCESS This section of the report: briefly summarises the matter before the Panel; records the appointment, functions and terms of reference of the Panel in relation to ongoing environment assessment processes; and summarises the Panel hearing process undertaken. The following more detailed matters are considered in Appendices A to D which include: records of submissions referred to and considered by the Panel; the Panel’s Terms of Reference; consideration of Panel directions made to guide its public hearing process; and records of public hearings and appearances before the Panel. 2.1 THE ENVIRONMENT EFFECTS STATEMENT 2.1.1 THE PROJECT & PROPONENT The project considered in this report consists of proposals to deepen shipping channels in Port Phillip Bay by dredging, enabling ongoing access by deeper draught vessels to existing wharfage and related facilities in the Port of Melbourne. At the project outset, the former Victorian Channels Authority was the proponent. Following the establishment of the Port of Melbourne Corporation (PoMC), responsibility for the project passed to the latter body. As the means of delivering the project were refined, an alliance contract was proposed under which PoMC would deliver works jointly with a dredge undertaking, Boskalis Australia Pty Ltd (Boskalis). At all times relevant to the Panel process, the project proponent was either PoMC on its own account or as a component of the alliance with Boskalis. All references in this report to the ‘proponent’ should be taken to refer to PoMC, inclusive of appropriate action from the Alliance and or Boskalis, unless the text specifically indicates otherwise. All references to the ‘Alliance’ refer specifically to PoMC and Boskalis in their alliance capacity, again unless the text specifically indicates otherwise. 2.1.2 THE ENVIRONMENT EFFECTS STATEMENT PROCESS An Environment Effects Statement (EES) was prepared for the project under the Environment Effects Act 1978. This was publicly exhibited for a period of 6 weeks between 5 July 2004 and 16 August 2004. The project is also a controlled action for the purposes of the Environment Protection & Biodiversity Conservation Act 1999 (Cwth). The Victorian EES has been accredited by the Commonwealth as the means of assessment for the purposes of the Environment Protection & Biodiversity Conservation Act 1999. CHANNEL DEEPENING EES PANEL REPORT – 11 FEBRUARY 2005 Page 15 2.1.3 SUBMISSIONS 845 submissions were made during the exhibition period and were referred to the Panel for consideration. An additional 61 late submissions were made between 17 August and close of business on 20 September 2004. The Minister for Planning directed that these late submissions be referred to the Panel. However, in doing so the Minister also directed that the Panel in the interests of expedition should not consider submissions received on or after 21 September 2004 (the commencement date of the Panel’s full hearings). Further to the Minister’s directions, a number of submissions received between 21 September 2004 and 9 February 2005 are not considered in this report. It follows that the Panel has considered a total of 906 submissions. A full record of submissions considered by the Panel is set out in the Appendices. 2.2 THE PANEL 2.2.1 APPOINTMENT The Minister for Planning appointed the Panel on 5 August 2004 pursuant to Section 9 of the Environment Effects Act 1978. It was appointed to hold a public inquiry in respect of the EES prepared for the project and submissions received. The Panel consisted of: Chairperson: Mr Rynd Smith; Member: Dr Bronwyn Ridgway; Member: Dr David Smith; and Member: Mr Nick Wimbush. Matters germane to the appointment of the Panel including declarations of interests are included in the Appendices. The Panel was assisted by many, but particular thanks are due to: Mr Michael Crossman (Panel Research Officer); Ms Diana Michetti (Panel Coordinator); and Mr Adrian Williams (Panel Business Manager). 2.2.2 TERMS OF REFERENCE The Panel was appointed with Terms of Reference made by the Minister for Planning on 11 August 2004. The key tasks provided for in the Terms of Reference can be summarised as follows. Inquire into the potential environmental effects - including physical, biological, social and economic aspects - of the Port of Melbourne Corporation’s proposal to deepen the main commercial channels that provide access to the Port of Melbourne for vessels with a draught of up to 14m, at any state of tide. Consider the exhibited Environment Effects Statement (EES), all submissions received in response to the exhibition of the EES, and other relevant information provided to or obtained by the Panel. CHANNEL DEEPENING EES PANEL REPORT – 11 FEBRUARY 2005 Page 16 Advise on: - whether potential adverse environmental impacts of the project are capable of being effectively managed to achieve acceptable environmental outcomes, in the context of relevant legislation and policy; - the implications of the project for matters controlled under the Environment Protection and Biodiversity Conservation Act 1999; - matters of project design and operational methods that need to be prescribed to ensure acceptable environmental outcomes, while having regard to the cost- effectiveness of design and operational options; and - an appropriate framework for managing the environmental performance of the project, including for environmental monitoring, controls and project governance. To conduct a public hearing and make such other inquiries as are necessary for the Panel to inform itself in relation to the project and its environmental effects. The following matters are not within the Panel’s Terms of Reference: Alternatives to the Port Phillip Bay Channel Deepening; Land-side port development or upgrading of transport infrastructure which may be indirectly associated with improving access to the Port achieved by the proposed channel deepening; The relocation of infrastructure services crossing the lower Yarra; and The financing of the Port Phillip Bay Channel Deepening Proposal. A full copy of the Terms of Reference can be found in the Appendices. The Panel has also paid close regard to the assessment guidelines for the project as issued by the then Department of Infrastructure in October 20021. 2.2.3 THE PANEL REPORT IN THE ASSESSMENT PROCESS Following submission and consideration of this report, the Victorian Minister for Planning will make a formal assessment of the effects of this project under the Environment Effects Act 1978, referred to below as the Minister’s Assessment. The Minister’s assessment in turn supports two further decision-making processes: consideration by the Victorian Minister for the Environment and Conservation pursuant to Section 37 of the Victorian Coastal Management Act 1995 (although the intention to use this legislation as the primary approvals power is a matter considered further by the Panel below); and 1 “Assessment Guidelines for the Port Phillip Bay Channel Deepening Environment Effects Statement”, Department of Infrastructure, October 2002. CHANNEL DEEPENING EES PANEL REPORT – 11 FEBRUARY 2005 Page 17 consideration by the Commonwealth Minister for the Environment pursuant to the following Sections of the Commonwealth Environment Protection and Biodiversity Conservation Act 1999: - Sections 16 and 17B (wetlands of international importance); - Sections 18 and 18A (listed threatened species and communities); - Sections 20 and 20A (listed migratory species); and - Sections 26 and 27A (protection of the environment from actions involving Commonwealth land). 2.3 THE HEARING PROCESS 2.3.1 DIRECTIONS A Directions Hearing was held on 31 August 2004 in Hearing Room 2 at Planning Panels Victoria, 11/80 Collins Street, Melbourne 3000. A number of directions were made that bore largely on the conduct of public hearings. These directions were augmented at various stages during the later public hearings. Having been made for procedural as opposed to substantive purposes and having in broad terms been complied with, most directions do not require to be discussed in this report: their function has been discharged. Issues in relation to directions that gave rise to contention or required consideration in detail are summarised in the Appendices. 2.3.2 PUBLIC HEARINGS Full public hearings were held at Hearing Room 2, Planning Panels Victoria, 11/80 Collins Street, Melbourne 3000. These commenced on 21 September and concluded on 17 December 2004. The Panel sat for 45 days. All submitters whose submissions were referred to the Panel were provided with an opportunity to be heard. Those who requested to be heard were heard, with the exception of a limited number of parties who did not attend the hearing at their appointed time and provided no explanation to the Panel. The panel has considered all written and oral submissions and all material by way of evidence or background information presented to it in connection with this matter with great care. The Panel has inspected the areas proposed for channel deepening and spoil dumping using a vessel equipped with multi-beam sonar. It has also visited Newport Power Station. CHANNEL DEEPENING EES PANEL REPORT – 11 FEBRUARY 2005 Page 18 3. THE POLICY CONTEXT This section of the report: records the legislative and policy framework that the Panel has considered as applying to the project and its deliberations; and sets out a summary response to the policy environment. Detailed
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