Environment Report - Santos

2. Regulatory Framework
Environment Effects Statement for a development
proposal. In determining the
application of the Environment Effects
Act 1978 to a development proposal, the
Minister for Planning must take into account:
• The character of the receiving environment.
• Any potential impacts of the proposal.
• The resilience of the environment to
cope with change.
• The level of confidence in impact prediction.
• The presence of planning or policy
framework.
• Statutory decision-making processes.
• The degree of public interest.
The Minister for Planning has determined
that the magnitude and significance of
potential impacts would not necessitate
the preparation of an EES on the basis
that:
• The coastal crossing is adjacent to
that of the Minerva Project, using similar
horizontal directional drill (HDD)
techniques including drilling from outside
the Port Campbell National Park.
• Construction of the onshore pipeline
is adjacent to, or within, existing gas
pipeline easements 1 .
• The existing TXU gas plant is used
for processing of the Casino field gas.
• An Environment Report describing
the potential impacts of the pipeline
development and proposed environment
management measures is to
be prepared by Santos to the satisfaction
of the Department of
Sustainability and Environment (DSE)
and the Department of Primary Industries
(DPI), and then exhibited for
public comment in conjunction with
the pipeline permit application.
• A report on the environmental outcomes
of the project to the post-construction
stage is to be provided to
DSE (and DPI) by Santos.
Accordingly, this Environment Report has
been prepared in support of the pipeline
permit application under the Pipelines
Act 1967, which will only be granted following
advice on the project from the
Minister for Planning and the Minister for
Environment and Conservation.
2.2.3 Planning and Environment
Act 1987
In Victoria, planning approvals are governed
by the Planning and Environment
Act 1987. This Act regulates the use and
development of land through planning
schemes and the granting of planning
permits.
The onshore part of the pipeline for the
Casino Gas Field Development is located
within the Corangamite Shire and
traverses land zoned as environmental
rural zone (ERZ), rural use zone (RUZ)
and special use zone (SUZ) 2 . By definition,
a pipeline development in these
zones would require a planning permit
as a utility installation. However, by virtue
of Section 12(h) of the Pipelines Act
1967, separate planning approvals are
not required as land use is taken into
account when approving the pipeline
route.
Under the Pipelines Act 1967, ancillary
facilities such as valve stations are
deemed to be appurtenances to the pipeline
and are not gas processing facilities
as such, and do not require separate
planning approval.
2.2.4 Coastal Management Act 1995
Installation of the pipeline on the seabed
within Victorian waters (out to the 3-nm
limit) and by horizontal directional drilling
beneath the surface of the Port
Campbell National Park (i.e., coastal
Crown Land) will require consent for the
use and development of coastal Crown
Land. An application will be lodged with
the Department of Sustainability and Environment
under Part 4, Sections 37 and
38 of the Coastal Management Act 1985.
2.2.5 Native Title
The Commonwealth Native Title Act 1993
applies indigenous Native Title rights,
unless extinguished by freehold title or
the validation of certain acts. The Act
also sets out procedural requirements
and potential entitlements to compensation
when an action may impact on native
title rights. The Pipeline Permit
cannot be granted by the minister until
DPI are satisfied that a relevant procedure
under the Commonwealth Native
Title Act 1993 has been followed.
Santos has sought advice from the DSE
Crown Land Management on an appropriate
process who advised that a notification
and acquisition process should
be pursued under Section 24KA of the
Native Title Act 1993. This involves:
1. Notification of intentions to seek
easements over land that may be subject
to native title and invitation to
make a submission on the proposed
activity in relation to their native title
rights and interests.
2. If there are no registered native title
claimants, Native Title Services Victoria,
an indigenous community native
title representative body, has 28
days to make a submission on behalf
of any other person or party that they
certify as having a relevant native title
interest in the area concerned.
3. Santos Ltd must address all submissions
that are received within the 28-
day period, and attempt to resolve
any relevant issues that have been
raised.
4. Victorian Government policy allows a
period of up to 6-months, from the
date of the notice, for resolution of
issues.
5. The Manager of the Indigenous Land
and Resource Management Policy
Unit of DSE will accept that submissions
have been resolved where there
is evidence that native title parties
agree to the future act. Alternatively,
where a resolution can not be reached
Santos must provide evidence that
negotiations have been conducted in
good faith.
There are currently no native title claims
over any areas affected by the Casino
Gas Field Development.
Additional to the requirements of the Native
Title Act, the preservation and protection
of Aboriginal areas, sites or
objects is afforded under the provisions
of the Aboriginal and Torres Strait Islander
Heritage Protection Act 1984. This
Commonwealth Act supplements the
state heritage protection legislation,
namely the Victorian Archaeological and
Aboriginal Relics Preservation Act 1988.
The provisions of these acts with regard
to heritage approvals are applied during
the environmental assessment of route
investigations and impacts prior to the
granting of project approvals.
1 In its submission to DPI Santos committed to
following existing easements, where practicable.
Where technical or landuse considerations prevent
the use of existing easements the pipeline alignment
has been selected in consultation with relevant
landholders and regulatory authorities.
2 Shire of Corangamite Planning Scheme.
Casino Gas Field Development 7