EPBC CONDITION
PROPOSED PLANNING PERMIT CONDITION
UPDATES REQUIRED TO PROPOSED PERMIT
1. Project activities must only take place within
the ‘study area’.
N/A. Covered by land to which the permit applies.
Nil.
2. Person taking the action must ensure
construction activities do not impact on more
than six hectares of SBB Habitat as defined
by EPBC Approval
Condition 39 requires that vegetation removal is limited to
six (6) hectares.
Nil.
3. To minimise impacts on SBB, and other
fauna in RAMSAR Site, the person taking the
action must implement the avoidance and
mitigation measures specified in the Draft
Environmental Management Plan (DEMP).
Conditions 29 and 30 require the preparation of an
Environmental Management Plan for construction (CEMP)
and operations (OEMP), respectively.
Nil.
4. To minimise impact on SBB and other fauna
in RAMSAR Site, the person taking the
action must implement the Coastal Acid
Sulfate Soil Management Plan.
Condition 1d) requires a Stage A, B, C and D assessment
and preparation of a CASS Management Plan.
5. At least 3 months prior to the
commencement of construction, the person
taking the action must submit to the Minister
for approval a Water Quality Management
Plan (WQMP) to address the management
and monitoring of both groundwater and
surface water.
Conditions 29(j) and 30(c) and (d) deal with water quality
management and monitoring during construction and
operations.
Both conditions require that the respective plans must be
generally in accordance with the DEMP (Ecology and
Heritage Partners 2013) subject to additional requirements.
In light of work undertaken by Environmental Earth
Sciences, it is recommended that Condition 1d) be
amended as follows:
“A site specific Coastal Acid Sulfate Soil Management
Plan (CASSMP) generally in accordance with the
CASSMP prepared by Environmental Earth Sciences,
April 2015, Version 3”
Delete conditions 29(j) and 30(c) and (d), and include a
new condition 31 as follows:
At least 30 days prior to the commencement of
construction, a Water Quality Management Plan (WQMP)
must be submitted to and approved by the Responsible
Authority, in consultation with the EPA. The WQMP must
be generally in accordance with any WQMP approved by
the Commonwealth Department of the Environment, and
must provide for the following as appropriate:
a) Water quality protection measures in accordance
with State Environment Protection Policy (SEPP)
– Waters of Victoria – Schedule F6 having regard
to:
i.
EPA Publication No. 275 (as amended)
Construction Techniques for Sediment
Pollution Control (May 1991)
ii.
EPA Publication No. 981 Reducing
Stormwater Pollution from Construction Sites
(May 2005);
iii.
Urban Stormwater – Best Practice
Environmental Management Guidelines
(Victorian Stormwater Committee 1999) as
amended; and
iv.
EPA Publication No. 480 (as amended):
Environmental Guidelines for Major
Construction Sites.
b) A water quality monitoring plan, prepared in
consultation with the Environment Protection
Authority and to the satisfaction of the
Responsible Authority, which includes all of the
following:
i.
Collection of baseline water quality data in
accordance with AS/NZS5667.9 – ‘Water
Quality Sampling – Guidance on sampling
from marine waters’
ii.
Identification of potential sources of water
pollution / contamination
iii.
A monitoring program which includes
indicators appropriate for identification of
contamination arising from the operation of
the safe boat harbour. This program must
assess the water quality against the water
quality objectives outlined in Environment
Protection Authority Publication 794 – Water
Quality Objectives for Marine and Estuarine
Waters – Ecosystem Protection and the
Australia New Zealand Environment and
Conservation Council (ANZECC) Australian
Water Quality Guidelines for Fresh and
Marine Waters. All water analysis shall be
conducted by a public analyst accredited by
the National Association of Testing Agencies
(NATA). The following parameters shall be
included in the monitoring program:
 Temperature
 Dissolved oxygen
 Dissolved Inorganic Nitrogen
 Total Nitrogen
 Dissolved Inorganic Phosphorus
 Total Phosphorus
 Suspended solids
 Turbidity
 Heavy metals
 E coli
c) Water quality data should be collected at the
same intervals as any WQMP approved by the
Commonwealth Department of the Environment
and be submitted to the Responsible Authority
within two months of collection.
d) Details of measures to ensure compliance with
State Environment Protection Policy (Waters of
Victoria) – Schedule F6 (Table 2), including:
i.
The owner of the land containing the inland
harbour basin must implement remedial
measures such as pumping or aeration if any
of the quality parameters exceed
predetermined agreed levels to the
satisfaction of the Responsible Authority.
ii.
The owner of the land containing the inland
harbour basin must ensure equipment to deal
with spillage of oil or the like in the waterway
is kept within the Harbour Precinct and that a
person who is trained and competent in the
use of the equipment is available at all times.
e) The Owner must keep a copy of all water quality
testing, sampling and analysis results including
f)
6. The person taking the action must ensure
that there is a trained and qualified Acid
Sulphate Soil specialist on site during
excavation works to assist with the
management of Acid sulphate Soils.
Not addressed.
Condition 1d), as proposed above, should be updated to
include a requirement that:
“A site specific Coastal Acid Sulfate Soil Management
Plan (CASSMP) generally in accordance with the
CASSMP prepared by Environmental Earth Sciences,
April 2015, Version 3, but modified to require:

7. Prior to the commencement of construction
the person taking the action must ensure that
all soil stockpiles will be located on the side
of the excavated inland marina channel
further from the Western Port Ramsar site,
so as to reduce sedimentation reaching the
Western port Ramsar Site during rainfall
events.
maintenance results of any pumping system that
is available for public inspection during office
hours. All results must also be provided to the
Responsible Authority upon request or at least
once every 12 months.
If any water quality monitoring result indicates that
any applicable declared State Environment
Protection Policy objective or the objectives of
EPA Publication 791.1 have not been met, the
owner of the land containing the inland harbour
basin must advise the Environment Protection
Authority within 24 hours including a copy of that
result, a statement explaining the reason the
objective has not been met and any proposed
measures for correction.
Not addressed.
a trained and qualified Acid Sulphate Soil
specialist on site during excavation of potential
acid sulphate soils”
Amend condition 29 to include stockpile requirements
consistent with EPBC Approval 2011/6014.
10. Within three months of every 12 month
anniversary of the commencement of the
action the person taking the action must
publish a report of their website addressing
compliance with each of the conditions of this
approval including implementation of any
management plans as specified in the
conditions.
Not relevant. Addressing matters of NES.
Nil.