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Environmental
Justice Australia
ABN 74052124375
PO Box 12123
A'Beckett Street PO
Melbourne VIC 8006
L3, 60 Leicester St, Carlton
T (03) 8341 3100
F (03) 8341 3111
W www.envirojustice.org.au
Environmental Justice Australia is
the environment’s legal team.
We use our specialist legal skills to
take cases to court and advocate for
better environment laws.
25 September 2020
The Chairperson
Crib Point Inquiry and Advisory Committee
C/- Planning Panels Victoria
By email only: [email protected]
Dear Ms Mitchell
Crib Point gas import jetty and gas pipeline project
1. We continue to act for Environment Victoria, Save Westernport Inc. and the Victorian National Parks
Association in the matter.
2. We refer to Direction 2 regarding the nomination of additional sites or areas for inspection, excluding those
identified in Tabled Document 19 and already inspected by the IAC.
3. Our clients’ request that the IAC consider inspecting a number of sites or areas in addition to those already
visited:
a. In addition to Locations 5 and 7 of Site Itinerary dated 8 September 2020, our clients’ request
the IAC to pay a further visit to Crib Point and Hastings to visit all foreshore walks and beaches,
including walking through Warrangine Park from Hastings to Jacks Beach (including along the
boardwalk and visiting all viewpoints along the way) and then onto Woolleys Beach Reserve
(Mapsheets 1, 2, 4 and 4).
Our clients’ request that the IAC walk the boardwalk and any other permissible routes through
Warrangine Park with a local guide, paying particular attention to the creek line and Phragmities
(reed grass).We are instructed a full appreciation of the ecological value of the park (which
contains critically endangered coastal saltmarsh) is not possible by road and requires viewing by
foot.
b. In addition to Location 1 of Site Itinerary dated 10 September 2020, our clients’ request the IAC
to pay a further visit Crib Point Jetty at a time when a ship is moored and unloading fuel
(Mapsheet 1).
We are instructed such a visit will assist the IAC in an assessment of the potential noise impacts
from the Crib Point Receiving Facility.
c. In addition to Location 1 and 2 of Site Itinerary dated 8 September 2020, our clients’ request the
IAC to drive the coastal road (Frankston-Flinders Rd and offshoots) from Hastings to Flinders,
stopping as far as permitted at HMAS Cerberus Royal Australian Navy Base and at each coastal
village as far as Flinders (South of Mapsheet 1).
(2)
d. In addition to Location 8 of Site Itinerary dated 10 September 2020, our clients’ request the IAC
to undertake a further boat trip to survey the whole of the North Arm (north of Long Island) and
to travel the route proposed to be taken by the LNG carriers entering and exiting Westernport
Bay i.e. as far south as Flinders (South of Mapsheet 1).
e. Our clients’ request the IAC to visit French Island (N/A Mapsheet), including driving the coast
road (the north-south road along the beach and a main population area for the island) and
stopping at:
i. the two lookouts along the coast road that look over the water to Crib Point;
ii. the ‘Fairhaven Campsite’ which is the only campground in the French Island National Park
Campground and directly on the beach and in sight and hearing of the proposed FSRU;
iii. the Pinnacles Lookout (to the east of the coast road); and
iv. the French Island Marine National Park, which is adjacent to the northern shoreline of
French Island National Park.
f. Our clients’ request the IAC to visit Phillip Island (N/A Mapsheet). We are instructed a visit to
Phillip Island is necessary to properly consider the importance of marine and wildlife-based
ecotourism to the local community and the nature of the Western Port shipping channel (which
is narrow and passes close to the residential and wildlife areas).
g. In addition to the various pipeline route sites and areas visited by the IAC on 8 September 2020, our
clients’ request the IAC to undertake a further visit along the proposed pipeline route to
Pakenham with guided tours of sites known to be of high conservation value. In particular:
i. Watson Inlet / Yaringa Marine National Park (East of Mapsheet 10)
ii. Westernport Coastal Reserve (East of Mapsheet 9)
iii. Tyabb Waterholes, north of Watson Creek (Mapsheet 10, northwest of KP19). We are
instructed that the Tyabb Waterholes are Aboriginal sites and that our client supports any
recommendations from the Bunurong Land Council Aboriginal Corporation regarding the
appropriateness of site visits and protocols
iv. Gordon Rolfe Reserve (East of Mapsheets 9 & 10). We are instructed that this area should
be visited on foot, including observation of a small reserve at 10 Whitneys road just near
Gordon Rolfe Reserve.
v. Moonlit Sanctuary (Mapsheet 11); and
vi. The following sites of intersection between the proposed pipeline and the following local
waterways: Olivers Creek (Mapsheet 7, KP 9 &10), Watson Creek (Mapsheet 10, KP
19), Langwarrin Creek (Mapsheet 11, KP 21), Rutherford Creek (Mapsheet 14, KP 29
and 30), Western Outfall Drain (Mapsheet 15 & 16, KP 31 and 32), Cardinia Creek
(3)
(Mapsheet 19, KP 40 and 41), Lower Gum Scrub Creek (Mapsheet 19, KP 41 and 42)
and Toomuc Creek (Mapsheet 19, KP 41).
4. We enclose Guidance Notes prepared by Save Westernport Inc. which provide further detail on the
importance of the areas and sites listed above.
5. Please contact Nick Witherow ([email protected]) and Virginia Trescowthick
([email protected]) should you have any questions or require further detail about
the areas or sites listed above.
Yours sincerely
Nick Witherow Virginia Trescowthick
Principal Lawyer Lawyer
Environmental Justice Australia Environmental Justice Australia
Save Westernport Inc.
Guidance Notes Additional locations for future site visits 1. A further Crib Point and Hastings site visit should include all of the foreshore walks and
associated walks and beaches, including the walk from Hastings through Warrangine Park (including the boardwalk) to Jacks Beach, and viewpoints along the way, and the Woolleys Beach Reserve (Mapsheets 1-4). Warringine Park lies within the boundary of the Westernport Ramsar site, and is one of the few remnant examples of critically endangered coastal saltmarsh communities which once fringed Victoria’s coastlines. A full appreciation of the ecological value of the park is not possible by car, and requires walking the Boardwalk and any other permissible routes through the Park with a local guide, paying particular attention to the creek line and Phragmities (reed grass). Such a walk is also important for the IAC’s consideration of the potential impacts of proposed directional drilling methods for the pipeline. As a supplement to walking, see also Virtual Tour of Warringine Park https://virtual-tours.com.au/ppwcma/ .
2. The IAC should visit Crib Point Jetty (Mapsheet 1) when there is a ship in port unloading fuel, in order to assist their assessment of the potential noise issues from the Crib Point Receiving Facility.
3. A further visit should include driving the coastal road (Frankston-Flinders Rd and offshoots) from Hastings to Flinders, stopping as far as permitted at HMAS Cerberus Royal Australian Navy Base, and at each coastal village as far as Flinders. HMAS Cerberus is the premier training establishment for the Royal Australian Navy, and also provides training to Army and Air Force personnel. It is adjacent to Crib Point and located just to the south of Mapsheet 1. The Base is particularly important for the proposed project’s safety considerations. The IAC should proceed up Governors Road and down Park Road (Mapsheet 1), past the Community House and Gardens and arriving at the HMAS Cerberus Gates.
The other coastal locations – Somers, Balnarring Beach, Merricks, Shoreham, Point Leo and Flinders (South of Mapsheet 1) – will be potentially impacted by changes to biodiversity, and particularly by landscape/visual amenity changes due to increased shipping traffic (LNG carriers) into and out of Westernport Bay. The visit should pay particular attention to viewpoints, surf/dive/swim/fishing/camping/picnic spots and local amenities.
4. A further boat trip is required in order to survey the whole of the North Arm (north of Long Island) and to travel the route proposed to be taken by the LNG carriers entering and exiting in Westernport Bay ie as far south as Flinders (South of Mapsheet 1).
5. The IAC should visit French Island, including taking the Coast road (the north-south road along the beach and a main population area for the island) and stop at:
the two lookouts along this road that look over the water to Crib Point
the National Park Campground (the only campground on the island, directly on the beach and which will be in sight and hearing of the FSRU)
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the Pinnacles (a lookout in the National Park on the east side of the road, ~70m high).
The IAC might consider that French Island has been largely ignored in much of the evaluation but will still feel considerable impacts. It should also be noted that a boat trip would probably be at high tide and that the bay changes at low tide - seeming bigger, lower etc, ie the impact/amenity feeling would vary depending on the tide. The French Island Community Association can assist with maps/transport etc if required.
6. A further boat trip should visit Phillip Island. During a tour of Phillip Island, the IAC could consider:
the fundamental importance of marine, wildlife-based ecotourism to the Phillip Island and Victorian economy, particularly the value of marine wildlife colonies managed by Phillip Island Nature Parks and the value of whale watching and other sensitively run, wildlife boat tours from the island. Any tour should consult with Phillip Island Nature Parks and Bass Coast Shire Council.
the nature of the Western Port shipping channel—which is narrow and passes close to the residential and wildlife areas of the north coast from Seal Rocks and Summerland Peninsula to Rhyll, as well as the hazardous McHaffie reef—and the proximity of the Port of Hastings ship anchorage to important shorebird roosting and residential areas near Silverleaves and Rhyll. Off Rhyll is also a bryozoan reef found nowhere else in the world.
the potential impacts of a 40 percent increase in shipping and the vessel movements associated with the gas import operation. These include the potential for accidents, spills, collisions with whales, noise and light spill, and scour and turbidity caused by vessel wash, with potential to impact upon seagrass. Listed migratory birds (short-tailed shearwaters) in colonies as far away as Cape Woolamai (about 20 km) could be affected by the light pollution.
the failure of the EES to discuss potential use of the anchorage off Cowes and Rhyll by waiting LNG carriers. Phillip Island residents are already impacted by noise, light spill, and anxiety about safety incidents and the impact on the fledgling Cruise Boat industry of accidents like ship fires and dragging anchors, in this area.
the omission of Phillip Island from the landscape and visual amenity, noise, social, and business impact assessments.
A whirlwind tour of these areas might take about half a day on the island. Phillip Island Conservation Society and/or Bass Coast Shire Councillor Michael Whelan, and/or perhaps the Phillip Island Nature Parks would be happy to be involved in hosting the Committee. For now, we can recommend this virtual tour of the area around Rhyll, which covers the importance of the area for birds, and includes drone footage showing the jack-up rig that spent time in the nearby anchorage recently. Noise and light from this rig impacted upon residents. https://virtual-tours.com.au/ppwcma/rhyll/
7. A further visit to the proposed pipeline route to Pakenham should include a guided tour of sites
known to be of high conservation value. For example, Watson Inlet in Yaringa Marine National
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Park, and the Westernport Coastal reserve to the north of Hastings, are among important localised areas of critically endangered coastal saltmarsh that would be impacted along the proposed pipeline route to the north of Westernport and on towards Pakenham, if the project were to proceed. It is possible for the IAC to inspect some of these wetland locations from viewing platforms to the east of Tooradin. The pipeline is also proposed to run through a significant list of groundwater dependent ecosystems (GDEs), including eleven waterways: Warringine Creek, Olivers Creek, Kings Creek, Watson Creek, Langwarrin Creek, Rutherford Creek, Western Outfall Drain, Cardinia Creek, Lower Gum Scrub Creek, Deep Creek and Toomuc Creek. While it appears that the IAC has visited Warringine and Kings Creeks, we recommend that visits to these two sites be accompanied by a local guide. In addition, the intersection of the proposed pipeline with the following sites should be observed on an accompanied visit: Olivers Creek (Map Sheet 7, KP 9-10), Watson Creek (Map Sheet 10, KP 19), Langwarrin Creek (Map Sheet 11, KP 21), Rutherford Creek (Map Sheet 14, KP 29-30), Western Outfall Drain (Map Sheet 15 & 16, KP 31-32), Cardinia Creek (Map Sheet 19, KP 40-41), Lower Gum Scrub Creek (Map Sheet 19, KP 41-42) and Toomuc Creek (Map Sheet 19, KP 41). The Watson Creek visit should include the Tyabb Waterholes, which we have marked on Mornington Peninsula Shire Council’s Map 8 (attached – MPSC’s Map 8 corresponds to Mapsheet 10). We understand that the Waterholes are an Aboriginal site, and we support any recommendations from the Bunurong Land Council Aboriginal Corporation with regard to appropriate sites and visiting protocols. Gordon Rolfe Reserve, east of Mapsheets 9 & 10 (see attached Google Earth map) should be visited on foot. This Reserve is within 200m of the proposed pipeline and is important for frogs. The IAC should include observation of a small reserve at 10 Whitneys road just near Gordon Rolfe Reserve, as it is an example of the small biolinks and refuges that are also critical to conservation of the area. Moonlit Sanctuary (Mapsheet 11 and attached Google Earth map) should also be visited if possible, as it is key to the State Government’s reintroduction of the critically endangered Orange-bellied Parrot. The IAC also should note that it is difficult to get a true sense of Westernport’s significance to the survival of threatened and endangered migratory bird species such as the far Eastern Curlew and Fairy Tern without observing them later in the season, when they begin returning from their annual migrations along the South East Asian flyways. The incremental loss of wetland habitats resulting from the gradual incursion of development along these flyways in recent years has been identified as the major challenge facing critically endangered migratory bird species that rely on Westernport for their Summer feeding ground.
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Map: Moonlit Sanctuary
