87 CUADRO 10: CHAPARA ARU:
4.2.4. Censura y autocensura
Our Ref: AN:EQ20000274
Contact: Andrew Natoli
Phone: 9853 5000 / 0417 101 236
Email: [email protected]
4 February 2021
John Leonard
John Leonard Consulting Services Pty Ltd 28 Mernda Avenue
Carnegie VIC 3163
By email [email protected]
Dear John
Panel for the Grantville Quarry Application
Application to Amend Planning Permit No. 120388-1 1381 – 1395 Bass Highway, Grantville
We act for Dandy Premix Quarries Pty Ltd (Dandy Premix).
Dandy Premix has applied to amend Planning Permit No. 120388 (the Amendment Application). That application has been called in by the Minister and will be considered at a panel hearing which has been scheduled for 22 to 25 March 2021 (inclusive), 30 & 31 March 2021, 1 April 2021, 6 to 8 April
2021 (inclusive) (Panel Hearing).
1 We confirm that, subject to confirming your fee proposal, our client wishes to engage you to prepare expert hydrogeology evidence and to appear as an expert witness at the Panel Hearing.
2 The following provides brief background information in relation to the Amendment Application.
3 An electronic copy of all relevant documents set out in the Hearing Book Index (the
Hearing Book) is also provided as part of your brief.
Background
4 Dandy Premix is the owner and operator of the Grantville Quarry (the Quarry), situated at 1381 – 1395 Bass Highway, Grantville (the Subject Land), which currently operates under Work Authority No 1488 (WA1488) and Planning Permit 120388 (the Permit).
5 In order to meet its anticipated future demands for additional sand, Dandy Premix has applied to Bass Coast Shire Council (Council) to amend the Permit to facilitate further development within the existing limits of the WA1488 site boundary.
6 WA1488 contains a State significant sand resource. In recognition of its strategic importance to the Victorian economy, the Quarry and its proposed further development (the Proposed Further Development) were included on the Extractive Industry Priority Project List. A copy of the Extractive Industry Priority Project List is contained in Tab 168 of
the Hearing Book.
7 The WA1488 area contains an estimated total resource of 76,000,000 tones and is situated within an identified Melbourne Supply Area Extractive Industry Interest Area.
8 Dandy Premix anticipates that total production in 2021 will be approximately 500,000 tonnes and this will increase to 750,000 to 800,000 tonnes per annum in 2026 if the Permit is amended.
9 Significant increases in the demand for construction sands in recent years has meant that sand reserves in the areas approved under the Permit have depleted at faster than expected rates such that the approved resource is likely to be exhausted by 2023 at the current rate of production.
10 In order to extend the life of the Quarry and to meet its anticipated future demand for sand, Dandy Premix proposes to access additional reserves within the existing Work Authority boundary by:
10.1 further developing the existing fine-medium sand extraction pit (FMSEP), including extracting sands from below the water table; and
10.2 establish a new coarse extraction sand pit (CSEP) and
10.3 washing sands on site, which will require a new sand washing and dewatering plant and associated infrastructure works within this boundary;
10.4 introducing a signalised intersection.
11 The Proposed Further Development would secure access to an approximate additional 30,000,000 tonnes of sand resource and ensure that the Quarry can continue to meet current and forecast rates of production into the future.
12 Whilst the Proposed Further Development will necessitate some Native Vegetation removal, it will be offset through extensive existing native vegetation offsets which will be set aside on the Subject Land and/or on adjoining land owned by Dandy Premix. The offset vegetation may be protected in perpetuity as First Party Offsets under an agreement made under section 69 of the Conservation Forests and Lands Act 1987 security agreement with the Secretary, Department of Environment, Land, Water and Planning (DELWP).
The Subject Land
13 The Subject Land is located at 1381 – 1395 Bass Highway Grantville. It is located on the eastern side of the Bass Highway approximately 1 km to the north of the Grantville township.
Figure 1: Aerial Photo of the Subject Land (source: VicPlan)
14 The Subject Land is 156 hectares in total area and includes the following lots: 14.1 Lot 1, TP 398939V (Vol 05390 Folio 819)
14.2 Crown Allotment 176B Parish of Corinella (Vol 07824 Folio 032) 14.3 Lot 2, PS 300991J (Vol 10031 Folio 148)
14.4 Lot 4, PS 604744H (Vol 11044 Folio 475) 14.5 Lot 5, PS 604744H (Vol 11044 Folio 476) 14.6 Lot 1, TP 515206V (Vol 08869 Folio 053)
15 The Subject Land is affected by Section 173 Agreement No. AL599252 (the Section 173
Agreement). A copy of the certificates of title and the Section 173 Agreement are
contained in Tabs 5 and 10 of the Hearing Book.
16 The Subject Land has a frontage to Bass Highway of approximately 285 metres. It runs eastward from the Bass Highway for some 2177 metres. Its north-south depth generally varies between 490 metres and 1137 metres. The Subject Land is 156 hectares in size. 17 The western part of the Subject Land sits within the coastal plain between Western Port
Bay and the Strzelecki Ranges to the east. It is gently undulating with an ephemeral tributary, MW3840, to Deep Creek located within part of it. The eastern part of the land is more undulating and forms part of the foothills to the Strzelecki Ranges. The site’s elevation ranges from approximately 120 m AHD on the ridge in the east of the site, down to less than 10 m AHD at the western end of the Deep Creek tributary.
18 The Subject Land includes three small lots fronting the Bass Highway. Each of these have a dwelling and associated shedding located on them.
19 Prior to sand extraction commencing, the Subject Land was historically used for grazing activities. Pasture grasses were the predominant vegetation, with native vegetation located in areas of the eastern part of the land.
20 Apart from 2 dwellings located near the south west corner of the property near the Bass Highway, the proposed extraction site is well buffered from all surrounding properties not owned by the applicant.
Bass Coast Planning Scheme
21 Under the Bass Coast Planning Scheme (the Planning Scheme), the Subject Land is located within the Farming Zone (FZ) and is affected by the Bushfire Management Overlay (BMO).
Figure 2: Zoning Map (source: VicPlan)
22 Copies of a Planning Property Report for the subject land and relevant Clauses of the Planning Scheme are included in Part 7 of the Hearing Book.
The Permit
23 The Permit was issued by Council at the direction of the Tribunal on 7 August 2013 in VCAT Proceeding Nos. P897/2013 and 1124/2013. The Permit allows:
The use of the land for sand extraction and associated processing and associated buildings and works and create access to a road in a Road Zone category 1 generally in accordance with the endorsed plans.
24 A copy of the Permit is contained in Tab 113 of the Hearing Book.
25 The VCAT proceedings concerned an appeal by objectors against Council’s decision to issue a Notice of Decision to Grant a permit for the Quarry and an appeal by our client against condition imposed on the Notice of Decision to Grant a Permit.
26 The VCAT proceedings were settled by consent following a mediation. A copy of the Tribunal’s orders in the proceedings are included at Tabs 110, 111 and 112 of the Hearing
Book.
27 A copy of all documents subsequently endorsed under the Permit are included at Tabs 112 to 124 of the Hearing Book.
The Amendment Application
28 On 29 May 2020, the Department of Jobs, Precincts and the Regions (Earth Resources Regulation) (DJPR) endorsed a Work Plan Variation (WA1488) for the Proposed Further Development (the Endorsed Work Plan) pursuant to section 77TD of the Mineral
Resources (Sustainable Development) Act 1990 (the MRSDA).
29 On 7 July 2020, Dandy Premix lodged the Amendment Application, seeking planning approval for the Proposed Further Development as set out in the Endorsed Work Plan. A complete copy of the Amendment Application and Endorsed Work Plan Variation are
provided in Part 1 of the Hearing Book. The Amendment Application and Endorsed Work Plan Variation are supported by the following specialist reports:
29.1 Proposed Quarry Extension Native Vegetation Removal Report, Detailed Pathway, Dandy Premix Quarry Extension, Grantville, prepared by Paul Kelly &
Associates Ecological Services (15 December 2019) (the Native Vegetation
Report) (see Tab 19 of the Hearing Book).
29.2 WA1488, 1381-1395 Bass Highway, Grantville, Work Plan Variation, Phase 2 Development, Hydrogeological Assessment, prepared by John Leonard
Consulting Services, Groundwater and Environmental Consultants (December 2019) (the Hydrogeological Assessment) (see Tab 20 of the Hearing Book).
29.3 WA1488 Grantville – Work Plan Variation Expansion of Sand Extraction Operations, Sand Washing & Dewatering Plant, Dandy Premix Quarries Pty Ltd,
prepared by Water Technology Pty Ltd (12 December 2019) (the Surface Water
Management Report) (see Tab 21 of the Hearing Book).
29.4 Grantville Sand Quarry – Stage 2, Landscape and Visual Impact Assessment, Final Technical Report, prepared by Tract Consultants Australia Pty Ltd (6 July
2020) (the Landscape and Visual Impact Assessment Report) (see Tab 22 of the Hearing Book).
29.5 Traffic Engineering, Assessment, Proposed Quarry Expansion, 1381 Bass Highway, Grantville, prepared by Traffix Group Pty Ltd (July 2020) (the Traffic
Engineering Assessment Report) (see Tab 23 of the Hearing Book). 29.6 Grantville Commercial Sands Quarry WA 1488, 1381-1395 Bass Highway
Grantville, Proposed Work Plan Variation Noise Emission Assessment, prepared
by Watson Moss Growcott Acoustics Pty Ltd (16 December 2019) (the Noise
Emission Assessment Report) (see Tab 24 of the Hearing Book).
29.7 Proposed Further Development of Sand Extraction Operations and introduction of Sand Washing & Dewatering, 1381-1395 Bass Highway Grantville Dust Assessment, prepared by Environmental Science Associates (14 December
2019) (the Dust Assessment Report) (see Tab 25 of the Hearing Book). 29.8 Continued Operation and Extension of the Dandy Premix Sand Quarry at
Grantville: Economic and Social Impacts, prepared by National Institute of
Economic and Industry Research (June 2020) (the Economic and Social Impact
Assessment Report) (see Tab 26 of the Hearing Book).
29.9 Dandy Premix Quarries Pty Ltd Grantville Quarry (WA1488) Geotechnical Assessment, prepared by GHD (December 2019) (the Geotechnical Assessment
Report) (see Tab 27 of the Hearing Book).
29.10 Dandy Premix Quarries Pty Ltd, Grantville Quarry WA 1488, Geotechnical Assessment of Overburden Stockpile and Haul Road, prepared by GHD
(December 2019) (the Stockpile and Haul Road Geotechnical Assessment
Report) (see Tab 28 of the Hearing Book).
30 On 21 August 2020, Council requested further information in relation to environmental, landscaping and native vegetation offset matters. This information was provided to Council on 17 September 2020 (see Tab 32).
31 Between 23 October to 19 November 2020 public notice of the Amendment Application was given in accordance with Section 52 of the Act. 72 submissions were received opposing the Permit Application on a range of grounds relating primarily to amenity, traffic, environmental and water issues. These submissions are contained in Part 4 of the Hearing Book and summarised in the Summary of Objections document included in Tab 37
of the Hearing Book.
32 The Endorsed Work Plan was referred to the following referral authorities under the MRSDA, who did not object subject to the imposition of conditions (see Tab 15 of the Hearing Book):
32.1 Southern Rural Water
32.2 Melbourne Water
32.3 Country Fire Authority
32.4 Department of Environment, Land, Water and Planning
33 In accordance with the MRSDA, these referral responses are also deemed to be referral responses for the purposes of the Amendment Application (see Planning Practice Note 89 at Tab 169 of the Hearing Book).
Request for Ministerial Call in and Panel
34 On 6 October 2020 Dandy Premix made a written request to the Minister for Planning to exercise his call in power and direct Council to refer the Amendment Application to him, pursuant to section 97B of the Planning and Environment Act 1987.
35 On 22 November 2020, the Minister called in the Amendment Application and referred all submissions to an independent panel. (see Tab 36 of the Hearing Book)
36 A panel comprising Lisa Kendal (Chair), Trevor McCullough and Gabby McMillan (the
Panel) has been appointed to hear submissions and provide advice to the Minister.
37 Following a directions hearing on 23 December 2020, the Panel confirmed that the hearing is scheduled for 22 to 25 March 2021 (inclusive), 30 & 31 March 2021, 1 April 2021 and 6
to 8 April 2021 (inclusive).
38 The Panel also issued directions in relation to the preparation of submissions and expert evidence (the Directions). Your attention is drawn to the following directions:
38.1 Paragraphs 4, 5, 14 and 15 set out requirements for the preparation, filing and presentation of expert evidence.
38.2 Paragraphs 6 and 19 set out a number of substantive issues which our client must address in a Part A and a Part B submission. Some of these issues may be within your area of expertise.
39 A copy of the Directions is enclosed with this letter.
Your brief
40 You are instructed to conduct a view(s) of the Subject Land and the surrounding land and prepare an expert witness statement addressing the following matters and questions : 40.1 The site context of the Subject Land, in particular the groundwater
40.2 The Proposed Further Development and supporting documentation, including the proposals to intersect groundwater and extract sand below the
groundwater table.
40.3 Whether the Proposed Further Development will cause any unreasonable groundwater impacts.
40.4 The need for any additional works or other measures to mitigate any potential groundwater impacts.
40.5 Any issues raised in the objections to the Amendment Application that are within your expertise.
40.6 The issues set out in Paragraphs 6 and 19 of the Directions (which our client must address in a Part A and a Part B submission) to the extent within your expertise.
40.7 Any other groundwater matters you consider relevant to the assessment of the Proposed Further Development.
41 We are retaining you personally and the opinions which you provide must be your own opinions.
42 Please note our client will also be calling expert evidence in relation to the following matters:
42.1 Traffic Engineering (Henry Turnbull). 42.2 Dust (Tim Pollock).
42.3 Planning (Chris De Silva). 42.4 Surface water (Neil Craigie).
42.5 Ecology (Aaron Organ).
42.6 Economic and Social Impacts (Dr Ian Manning). 42.7 Acoustic engineering (Neville Goddard). 42.8 Landscape & Visual Impact (Mark Reilly). 42.9 Quarry operations and geology (Basil Natoli). 42.10 Cultural heritage (Nicholas Clark).
43 In accordance with paragraph 4 of the Directions, your report must: 43.1 be filed and circulated by 4pm on 5 March 2021;
43.2 be prepared in accordance with the Planning Panels Victoria Guide to Expert Evidence and Guide to witnesses provide evidence through remote
conferencing;
43.3 include a summary statement in plain English; and
43.4 not refer to any individual submitter by name. If necessary, submitters should be referred to by submission number.
44 In your expert report, please:
44.1 refer to any relevant document in the Hearing Book, or part thereof, by reference to that document’s Tab number; and
44.2 refrain from including in your report another copy of any document, or part thereof, which is already in the Hearing Book.
45 If any aspects of this retainer are unclear or if you require further information or documents, please let us know.
Please contact me on 9853 5000 if you have any queries in relation to any aspect of this letter. Yours faithfully
Andrew Natoli Director Equipe Lawyers Encl.