The proposed Victorian Renewable Energy Terminal at the Port of Hastings is subject to the following key legislation.
Port of Hastings Corporation (PoHC) is required to prepare an Environment Effects Statement (EES) for the Victorian Renewable Energy Terminal project.
An Environment Effects Statement (EES) is the most rigorous environmental impact assessment process in Victoria. The EES process is administered by the Department of Transport and Planning (DTP) on behalf of Victoria’s Minister for Planning under the Environment Effects Act 1978.
The EES will be exhibited generally for a period of 30 business days.
For more information on the EES process, click here
A Cultural Heritage Management Plan will be prepared in accordance with the requirements of the Aboriginal Heritage Act 2006 to investigate the potential impacts to Aboriginal cultural heritage and manage how heritage can be bestprotected.
To identify cultural heritage, investigations will be done together with the Registered Aboriginal Party (Bunurong Land Council Aboriginal Corporation).
The Environment Protection and Biodiversity Conservation (EPBC) Act 1999 is the Commonwealth Government’s principal environmental protection and biodiversity conservation legislation.
The EPBC Act provides the legal framework for the conservation of biodiversity and the protection of the environment, particularly those aspects which are among the nine Matters of National Environmental Significance (MNES), including the Western Port Ramsar wetlands, and the listed nationally threatened species and listed native migratory species within the wetland.
When an EPBC Act referral is submitted for any project, the Commonwealth Minister will determine whether it is a ‘controlled action’ requiring assessment and approval under the EPBC Act.
Should the project be a controlled action, it is possible the Victorian (State) EES process can address Commonwealth matters through a Bilateral Agreement between the Commonwealth and Victorian Governments.
This could include addressing the EPBC Act regarding matters of national environmental significance.
Under the EPBC Act, all actions which may have a significant impact on matters of national environmental significance (defined as ‘controlled actions’) must receive prior approval from the Commonwealth Minister for the Environment before construction.
A Planning Scheme Amendment under the Planning and Environment Act 1987 is likely to be the primary approval for the project. A Planning Scheme Amendment applies specific controls over the development of the project land to enable the project to proceed.
A draft Planning Scheme Amendment will be prepared to propose changes to the Mornington Peninsula Planning Scheme and will be exhibited with the EES for public comment.
Should the project be approved, several other secondary approvals may be required including:
Decisions about whether to grant secondary approvals may only be made after the respective decision-makers have considered the State Minister’s Assessment, which is the final outcome of the EES process.
The Marine and Coastal Act 2018 provides an integrated and coordinated approach to planning and managing the marine and coastal environment. The Act enables protection of the coastline and the ability to address the long-term challenges of climate change, population growth and ageing coastal structures.
All use, development and works on marine and coastal Crownland by any party, requires consent under the Marine and Coastal Act 2018. Given the project is proposed on coastal Crown land, consent is required for the use and development of the project to proceed.
