TRANSMISIÓN DE ARBOVIRUS

A number of statutory environmental approvals may be required for this project, these are summarised in Table A-2 below.

Table A-2 Environmental Approval Requirements that may be relevant to the proposed project.

Legislation Description Approval Requirements

Environment Protection and Biodiversity Conservation Act 1999

The Environment Protection and Biodiversity

Conservation Act, 1999 (EPBC Act) provides that certain

actions – in particular, actions that are likely to have a significant impact on a matter of national environmental significance – are subject to a rigorous assessment and approval process. Unless an exemption applies, the matters of National Environmental Significance identified in the Act as triggers for the Commonwealth assessment and approval regime are: World Heritage Properties; Ramsar Wetlands; Nationally threatened species and ecological communities; Migratory species;

Commonwealth marine areas; Nuclear actions (including uranium mining) and National Heritage places.

There are unlikely to be major EPBC Act issues concerning terrestrial ecology for either option, though a referral under the Act is likely to be required. There are unlikely to be any impacts on

Commonwealth marine areas therefore any investigations are likely to be confined to Victorian waters.

Targeted survey and assessment is, however, likely to be required for the EPBC-listed Leafy Greenhood Pterostylis

cucullata (would need to be undertaken in

September/October as this is the time when the orchids are flowering and identification, which is based on the flower, is possible).

Additional survey would be needed to provide information for a referral to the Commonwealth under the EPBC Act.

Victorian Planning and Environmental Act 1987

The Planning and Environmental Act, 1987 (P&E Act) ensures integrated land use planning decision-making. Planning authorities and responsible authorities must adhere to the general principles and the specific policies contained in the P&E Act. The Victorian Planning Provisions are the standard planning provisions that every municipality must adhere to in their Planning Schemes.

Victoria’s Native Vegetation Management Framework (Net Gain) is administered through the Planning and Environment Act. DSE is a referral authority under this provision. Detailed discussion of potential impacts of Net Gain on the project are discussed in Section A.3.1

The relevance of this Act has been discussed in Section A.5, including planning permit triggers under the Mornington Planning Scheme.

Victorian Flora and Fauna Guarantee Act 1988

The Flora and Fauna Guarantee Act, 1988 is the primary overarching statute dealing with biodiversity conservation and sustainable use of native flora and fauna in Victoria. State government, public authorities, statutory authorities as well as private landholders must have regard to the objectives of the FFG Act.

A flora and fauna assessment is required to determine whether any approvals may be required under this Act.

Victorian Environment Effects Act 1978

The Environment Effects Act 1978 provides for the assessment of proposed public and private projects (works) that are capable of having a significant effect on the environment. The Act does this by enabling the Minister administering the Environment Effects Act to

In order to conclusively determine whether the project has any significant adverse effects on the environment, an assessment of environmental effects needs to be undertaken using the

Legislation Description Approval Requirements

an EES.

Based on discussions with MWC an appropriately conservative position has been taken that an EES may be required for the project and as such consideration has been given to the conduct of an EES in the costs prepared.

Catchment and Land Protection Act 1994 (CALP Act)

Under Section 20 of the Act, a landowner has a general duty to take all reasonable steps to manage the landscape of the construction site.

Melbourne Water, as the landowner must observe its general duties under Section 20 of the Act.

Water Act 1989 This Act has the following purposes to provide for the integrated management of all elements of the terrestrial phase of the water cycle and to provide a framework for the environmental management and enhancement of waterways.

No approvals are considered to be likely under this Act.

National Parks Act 1975

This Act makes provision for National and other parks and for their management, the appointment of a Director of National Parks and the appointment of a National Parks Advisory Council and park advisory committees. This Act also provides for specialised uses and activities, including those of a non-conforming nature.

Any works undertaken in the Mornington Peninsula National Park which comprises land to approximately 300 metres from the shoreline would trigger a permit from Parks Victoria under the National Parks Act.

Option 1 requires works in the National Park and as such the environmental impacts and management would need to be demonstrated to Parks Victoria. Crown Land

(Reserves Act) 1978

This Act provides for reservation of Crown land for a variety of public purposes, the appointment of committees of management to manage those reserves and for leasing and licensing of reserves for purposes approved by the Minister.

Confirmation from DSE is required as to whether the proposal will require a licence under Section 17B of the Act to use any reserved portions of Crown land, where the purpose differs from the purpose for which the land is reserved.

Land Act 1958 This Act makes provision for sale and occupation of unreserved Crown lands, and authorises the issue of various types of leases and licences.

Confirmation from DSE is required as to whether the proposal will require any approvals under the Act to use any unreserved portions of Crown land. Some of the seabed of Bass Strait is unreserved Crown Land.

Environment Protection Act 1970

This Act provides the legislative framework for environment protection in Victoria, including the principles of environment protection. State Environment Protection Policies and Waste Management Policies are made under this Act.

The proposed works may require an additional works approval from the EPA. Clarification will need to be sought from the EPA to establish whether this is the case or not.

Clarification will also be needed as to whether the extended outfall is considered a new discharge or not as there are different requirements for new and existing discharges under the SEPP (WoV). In any case substantial work will be required to determine the potential environmental impacts of the discharge of wastes at a new location.

Legislation Description Approval Requirements

Coastal Management Act 1995

The purposes of this Act are

To establish the Victorian Coastal Council;

To provide for the establishment of Regional Coastal Boards;

To provide for co-ordinated strategic planning and management for the Victorian coast

To provide for the preparation and implementation of management plans for coastal Crown land; and To provide a co-ordinated approach to approvals for

the use and development of coastal Crown land. The Coastal Management Act 1995 defines coastal Crown land as:

Any land reserved under the Crown Land (Reserves) Act 1978 for the protection of the coastline;

Any Crown land within 200 metres of the high water mark of the coastal waters of Victoria; or any sea within the limits of Victoria;

The sea-bed of the coastal waters of Victoria; and The sea-bed of any sea within the limits of Victoria.

Under the Act, consent is required to use and develop coastal Crown land. This includes day-to-day maintenance activities.

The definition of development under the Act includes the ‘construction or carrying out of works’.

‘Works’ include any change to the natural or existing condition or topography of land including the removal, destruction or lopping of trees and the removal of vegetation or topsoil.

The project will hence require written consent under the Act from the Department of Sustainability and Environment (DSE).

If the project proposes to dredge coastal Crown land, a specific application form must be completed. Copies of this form can be found in the EPA Best Practice

Management Guidelines for Dredging or

by contacting DSE.

If consent is not given, a planning permit application must be refused. There is no right to apply to the Victorian Civil and Administrative Tribunal for a review of a decision by the responsible authority to refuse to grant a permit where Coastal Management Act consent has been denied. Pollution of Waters by Oil and Noxious Substances Act 1986 (27/1986)

This Act seeks to protect the sea and certain waters from pollution by oil and other noxious substances and to implement the MARPOL Convention.

There are unlikely to be an implication of this Act on either of the proposed options.

A.4.1 Relevant Policies, Strategies and Guidelines

In assessing the potential impacts and benefits of the project, a range of national and state level policies and strategies must be considered. A summary of the relevant documents is provided in Table A-3 below.

Table A-3 Summaries of Relevant Policies and Strategies

Policy /Strategy Description Relevance to Project

State Environment Protection Policy (Waters of Victoria)

SEPP (Waters of Victoria) and its Schedules provide for the protection of Victoria’s surface water environment and associated beneficial uses.

The project will be required to meet the water quality objectives described within the SEPP(WoV). That the project is likely to meet these requirements will need to be demonstrated to the EPA in

Policy /Strategy Description Relevance to Project

A construction and operational EMP specific to the project will need to be be prepared to manage any potential risks to surface waters.

State Environment Protection Policy (Groundwaters of Victoria)

SEPP (Groundwaters of Victoria) was developed to protect and, where necessary, improve groundwater quality to protect the beneficial uses of groundwaters. The SEPP outlines beneficial uses according to concentration of Total Dissolved Solids (TDS) and groundwater quality indicators and objectives for each beneficial use.

Investigations will be needed to demonstrate that the project will not compromise the objectives of the SEPP (GoV).

A construction EMP specific to the project should be prepared to manage any potential risks to groundwater.

State Environment Protection Policy (Air Quality Management)

The SEPP (Air Quality Management) provides a framework for the management and monitoring of emissions to air. This SEPP aims to enable the achievement of the

environmental air quality objectives as outlined in the SEPP (Ambient Air Quality).

Investigations will be needed to demonstrate that the project will not compromise the objectives of the SEPP (AQM).

A construction EMP specific to the project should be prepared to manage any dust emissions arising from the works.

State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) N1

SEPP (Control of Noise from Commerce, Industry and Trade) provides for the protection of sensitive residential areas from noise emissions arising from Commerce, Industry and Trade. The SEPP also outlines the methods to be used for calculating noise limits and measuring noise emissions.

A construction EMP specific to the project should also be prepared to manage any issues of site contamination.

EM 021-2005: Coastal Engineering Guidelines for Working with the Australian Coast in an Ecologically

Sustainable Way

The issues covered within the Guidelines include government policy, professional ethics, the nature of the coastal environment and development within it, coastal engineering methodology including recommended investigation procedures and project planning for economic sustainability.

The Guidelines are not designed to dictate the detailed procedures to be followed, but rather identify the types of processes and relevant considerations.

Victorian Native Vegetation Management Framework 2002

Victoria’s Native Vegetation Management – A Framework for Action and the regional Native Vegetation Plans are incorporated documents under the provisions of the

Planning and Environment Act 1987.

The Framework requires the three step approach to ensure Net Gain:

Avoid adverse impacts, particularly through avoiding vegetation clearance.

If impacts cannot be avoided, minimise impacts through appropriate consideration in planning processes. Identify appropriate offset options.

Since it is likely that vegetation removal will be required during construction of the pipeline, the project will need to comply with the requirements of this Framework.