TGCCC Adopted Minutes 8 February 2010
TERMINALS GEELONG
COMMUNITY CONSULTATIVE COMMITTEE
Adopted Minutes of the Meeting
Held in the Meeting Room, Corio Library, Norlane
Monday 8th February, 2010
Present:
Bruce Turner Acting Chair
| Community Representatives |
Greg Postuma John Wilson Pam Edwards Peter Linaker Bill Aitken Ralph Taylor Suz Kelly-Turner Sue McLean Jo Cicero Franceska Desalak Catherine Jones Coralie Jenkin Tory Sorenson |
| Terminals Pty Ltd |
George Horman Gary O'Sullivan Carlo Fasolino Susan Chatterton (Minute Taker) |
| CoGG |
Lyndon Ray Tim Hellsten |
| Environment Protection Authority |
Kerry Murphy Gavan Mathieson |
| Geelong Grammar School | Mark Yeates |
| ITEM 1. WELCOME BY THE ACTING CHAIR |
| Bruce | Bruce introduced himself and, at the request of the TGCCC, gave a short outline of his background. |
| ITEM 2. APOLOGIES & CONFIRMATION OF DRAFT AGENDA |
| Apologies | Robin Saunders, Ian Beswick, Bob Smith, K. Fisher. |
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| Agenda | Discussion took place regarding order of agenda as there were some correlations between items. It was agreed: Tim Hellsten would provide an update on port planning matters following Frank Fleer's presentation under item 4 Items 5 & 9 would be discussed together (at Item 9) Items 6&7 would be discussed together (following Item 4) Items 8 & 10 would be discussed together (prior to 5&9) Draft Agenda adopted. |
| Meeting Protocols | Bruce asked the committee about its normal protocols for the way meetings run and all confirmed 'respect' is a fundamental principle. Sue Chatterton sought permission to record the meeting for the sole purpose of preparing the draft minutes, after which the recording would be destroyed. Members were concerned to learn that this had occurred for the previous meeting without their knowledge. Sue explained that when Robin became aware of this, he had asked her to raise the matter with the committee and seek permission. The committee agreed to the recording of the meeting for this meeting only. It was asked that if the meetings were to be taped then community members would like a copy. Bruce suggested it would be preferable if the tapes were not retained beyond the time needed to prepare the first draft minutes for comment by all members. Some committee members stated that they wished to consider further the implications of future recordings of the meetings and resolved to raise the matter at the next meeting.
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| ITEM 3. CONFIRMATION OF THE DRAFT MINUTES OF THE MEETING HELD ON 9TH NOVEMBER, 2009. | |
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Draft minutes of the meeting held on 9th November, 2009 were adopted.
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| ITEM 4 BUSINESS ARISING FROM MINUTES - Review Action List | |
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Action 31/5 |
Port Plan Planning Scheme Amendment (PSA) |
| Lyndon Ray |
Has been lodged for authorisation to exhibit planning amendment. Updated 8/2/10. (See comments on Minister's appointment of Port Environs Panel under presentation by COGG's Tim Hellsten).
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| Action 36/3 | Butadiene Isotainer |
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Carlo
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No further progress on the 30A application for emptying the damaged BASF butadiene isotainer. Isotainer is still sitting in FBT yard in Melbourne with no response from BASF. Request that the Action Item responsibility be changed to EPA to provide an update at the next meeting on progress of Terminals' application.
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| Action 38/3 | Draft Accredited Licence |
| Quentin |
EPA to provide copy to be provided to TGCCC members Done 9/11/09
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| Action 41/4 | Telephone notification to Geelong Grammar |
| Carlo |
As per Jon's email he would like any incident at Geelong to be notified to Geelong Grammar. Terminals interprets this to mean the school will be notified of any incidents that happen on site. Done 9/11/09
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| Action 41/6 | Protocols for transport of Butadiene samples |
| Terminals |
Presentation by Frank Fleer to be conducted later in the meeting.
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| Action 42/1 | Email EAP draft Accredited Licence to Members |
| Robin |
Emailed by Robin to Community members Done 10/11/09
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| Action 42/2 | Seek input from those interested in commenting on the draft Accredited Licence |
| Sue McLean |
All community comments provided in a 90 page submission to EPA dated 24 December 20090 provided to EPA 31 December 2009 by Sue. Done
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| Action 42/3 | Concerns regarding EPA withdrawing their attendance at community meetings |
| Robin | TGCCC community members noted that a letter was to go to the Chair of EPA as part of this action, and this was still outstanding - discussion deferred to next meeting (when Robin and EPA Chair will both be present). |
| ITEM 4 PROTOCOLS FOR BUTADIENE SAMPLING (FRANK FLEER) | |
| Frank |
Frank gave a presentation regarding butadiene sampling. Topics covered were:
Sue McLean asked about the potential impact of lowering combustion temperatures to reduce greenhouse gas emissions. Frank said Terminals would need to apply to EPA for a trial temperature reduction that would involve reductions in 50 degree increments. Sue also asked Frank to provide evidence of his "Sources" of studies quoted in his presentation. |
| ACTION 43/1 | Frank to provide references and authors of studies for any unreferenced data in his presentation, as well as a copy of his slides. |
| ITEM 8 PORT PLANNING (City of Greater Geelong report) | |
| Tim | Tim gave an update on port planning matters at this point in the meeting (see record under Item 8, 10&11 below)
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| ITEM 5. EMERGENCY COMMUNICATION - Further discussion of material tabled on 31 August 2009 meeting (Peter Linaker) | |
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This item to be discussed along with Item 9 later in meeting. |
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| ITEM 6. TERMINAL ANNUAL PERFORMANCE REPORT 2007-08, 2008-09 | |
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Sue McLean reported that community members have asked Terminals to formally table annual reports for 06/07, 07/08, 08/09. She acknowledged the 06/07 report has been on the web in its entirety, but said it had never been formally tabled. Bruce reported that he had forwarded the attachments to the 2008-09 report he received from Terminals to the website administrator. So the full 08/09 report should now be on the website. It was also noted that a mediation session that included discussion of the handling of Annual Performance Reports was held between Terminals Pty Ltd and TGCCC members on 3rd February, 2010 (see further details under next item). |
| ACTION 43/2 |
Terminals to formally table the last 3 annual reports at the next TGCCC meeting
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| ITEM 7. TERMINAL'S ACCREDITED LICENCE - PROGRESS REPORT | |
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Terminals circulated a copy of the mediator's report from the mediation session held between community members of the TGCCC and Terminals on 3 February 2010. Sue McLean circulated and tabled a table of questions from the community submission on the Accredited Licence which had been prioritised for the mediation and included responses from Terminals (in red). The mediator's report outlined seven points of agreement from the mediation: Terminals will issue an annual report to EPA and community at the same time. Annual report to be a standing item on the TGCCC agenda Geoff Millard will provide electronic versions of the 2007-08, 2008-09 report appendices and provide to the TGCCC Terminals to provide reports other than annual reports to TGCCC when provided to EPA with EPA consent. Terminals will give audit reports to TGCCC unless the EPA does not agree to do so. Terminals will continue the reporting of incidents to the community unless Terminals has strong reasons not do so which will be discussed at the following meeting. Terminals and the Community agree to talk further on the detail of a proposed accredited licence on the understanding that this does not constitute support from all community members for an accredited licence and that this will be undertaken in good faith by all parties. Sue raised a point of concern regarding the response Tim (the mediator) had put on a number of questions on the community's prioritised questions which did not reflect what had occurred at the mediation. The specific responses related to requests for access to licence reports Terminals had submitted to EPA. George stated that Terminals had some reservations about the content of the tables. Sue McLean also tabled a one page list of residual questions for the EPA, which Terminals could not address. A copy of this was given to Kerry Murphy. Sue emphasised that as soon as the community members had responses from EPA, and EPA's feedback on Terminals' EIPs, they could respond with their final comments on the accredited licence. This one page document also included a list of 4 licence reports that community members sought from Terminals before they could make further comment on the accredited licence. |
| ACTION 43/3 | Carlo to follow-up in the next few days and provide the requested licence reports to Sue McLean. |
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Kerry said EPA had received the community submission, but she had been unaware that community members were planning to prepare a further submission. She said that EPA did not normally release comments on submissions until after an accredited licence was finalised. However, in this case, Dung Nguyen was preparing a response to the community members' original submission and she would let Bruce know the timeframe for this. Kerry asked Sue M to specifically identify where in the community submission reference to a request for EPA feedback on Terminals' EIPs was and also where the request for an extension of time for further community comment was made. Sue read directly from the community submission and identified the requests made at "Section 1.4 Disclaimer" (see p11) and "Section 1.5 Formal request to EPA for extension of time for community comment on Terminals Pty Ltd EPA Accredited Licence Application for Geelong site". (see p14). |
| ACTION 43/4 | Kerry Murphy to let Bruce know the likely timing of EPA's response to the questions tabled by Sue McLean. |
| Sue McLean also raised a question from the community members' original submission seeking an EPA response on the current EIP and on implementation and verification of past EIPs. | |
| ACTION 43/5 |
Sue McLean to send the reference to this question to Kerry Murphy.
Note: provided to Kerry at the meeting. |
Ralph referred to the proposed accredited licence which he said does not require monitoring. He said this is a requirement of the current licence and it would be helpful if EPA could provide an explanation of each of the proposed changes to the licence. He said this explanation would be helpful before the community members and Terminals met for a second mediation session on the licence. There was discussion of whether this meant Terminals would be expected to answer for the EPA at the mediation session, and Ralph and others indicated this was not the community members' expectation.
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Community members feel it would be helpful to have a response from EPA prior to the second mediation session, not yet sure of date.
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| ACTION 43/6 | Kerry Murphy to ask the EPA's Statutory Facilitation Unit to include an explanation of each of the proposed licence changes with the answers to the questions tabled at the meeting.
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| ACTION 43/7 | Sue McLean to notify Carlo of preferred date for next mediation session. (Once the timeframe for EPA's responses is known)
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| ITEM 8, 10 & 11. REPORTS FROM TERMINALS, EPA, CFA, CITY OF GREATER GEELONG. | |
| TERMINALS | |
| Gary |
Took everyone through the operations report presentation Nov/Dec/Jan 10 Topics covered were as follows:
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| Carlo | Gave a presentation of the proposed storage of liquid fertiliser in 6 new tanks at the Geelong site
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| ACTION 43/8 | Slides of report to be sent to community members |
| Terminals | Carlo presented confidential information about a potential proposal on product to be stored at Geelong. George said a Hazop was to be conducted over two days on the storage tanks involved. He said one or two community members of the TGCCC would be able to come, strictly as observers of the process. |
| ACTION 43/9 | Community members to coordinate who will attend the Hazop (up to two members). Terminals to provide details of the time and location.
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CITY OF GREATER GEELONG (presented after Action Summary Sheet dealt with) |
| Tim | Spoke about the background to and current status of the Port Environs Advisory Committee:
A document for public comment will be issued around March 2010 by the Port Environs Advisory Committee
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| Sue McLean | Thanked Tim for attending the meeting at such short notice. Reported that three community members from local environment groups were scheduled to meet with the Advisory Committee the following day. She also proposed that the TGCCC write to the Committee to reinforce support for the City of Greater Geelong to retain planning controls over the Geelong Port. George indicated that Terminals did not want to express a view at this stage, but it was possible for community members to write to the Committee via the Chair.
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| ACTION 43/10 | That a letter be sent to the Port Environs Advisory Committee (via the TGCCC chair) that expressed the views that Community members strongly supported the City of Greater Geelong continuing to be the planning authority in relation to the Geelong Port. Terminals expressed no view on this matter.
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| Coralie | Raised concerns that residents in the port area had not been consulted by the advisory committee. She said her concern was that although the North Shore Residents Group had been consulted, the Group had not informed residents about the matter.
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| Lyndon | Had nothing further to contribute to the meeting other than to thank Tim for attending and giving his talk on the review of planning controls for the Ports of Melbourne, Geelong, Portland and Hastings.
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ENVIRONMENT PROTECTION AUTHORITY | |
| Kerry | Handed out an Activity Report for December 2009 - February 2010 and requested feedback from community members on the content and/or format. (Kerry then had to leave as notified to the Chair prior to the meeting, so the report was not discussed further)
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| ACTION 43/11 | Comments on EPA's report to be made via the Chair
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| ITEM 5 & 9. CHEMICAL SAFETYPUBLIC NOTICE (Peter Linaker) | |
| Peter | Was asked by the Chair to be brief, owing to time. Presented with overheads the Draft Letter, addressed to CFA, CoGG, EPA, WorkSafe, and others for their comments, as distributed to members before the meeting. (The three appendices, 'Chemical Safety Public Notice', 'Geelong Port Map - Notifiable Area', and 'Summary' had been tabled for members at the TGCCC August 09 meeting. Further copies of the reading pack were also available) Referred to the above materials and said he was seeking comments. He explained the purpose of the letter was to bring other people/agencies into the discussion on the form and process of public notice.
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| Bruce | Highlighted the threshold question for the TGCCC to determine: Does the committee agree that it is worth while engaging other agencies, by writing to them, about the idea and the mechanisms for notifying the community in the case of an emergency? George gave background on previous efforts and commented that he saw no harm in engaging with other agencies, but was not confident of a response/ did not know what the responses might be. Sue McLean agreed, and said she was very supportive of what Peter was trying to do. The concept of a letter engaging the agencies was generally supported by the TGCCC. Members were asked to provide their comments via the Chair with Robin to finalise and send the letter on his return. (NB following the meeting, Peter undertook to consolidate any comments for discussion at the next meeting, and A/Chair Bruce agreed to a process whereby members send comments to Robin, cc'd to at least Bruce and Peter - members may also circulate their comments to all members for their information).
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| ACTION 43/12 | Members to send their comments in line with the above guidance. Robin to co ordinate sending of the letter.
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| ITEM 11. OTHER BUSINESS | |
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NONE |
| ITEM 12. CLOSE | |
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Meeting closed 7:15pm Next meeting will be held 12 April, 2010 at 3:30 for 4:00pm The 2010 meeting dates are: 14 June, 9 August, 11 October, 13 December (Note: these dates are for the second Monday of the month.) | |
Note: the EPA Activity Report on the next page (Attachment A) was tabled at the meeting, but was not discussed.
ACTIVITY REPORT DECEMBER 2009 - FEBRUARY 2010
TERMINALS PTY LTD - CORIO, GEELONG
CLIENT RELATIONSHIP MANAGER: MARC CASSANET |
General discussions with Terminals regarding the accredited licence application, the TGCCC and the community member submission on the accredited licence. Meeting 27/11/09 with Terminals and the Chair of the TGCCC to discuss EPA involvement with the CCC |
STATUTORY ACTIVITIES |
Accredited Licence Application EPA received submission from Ms Mclean on behalf of community members of the TGCCC with thanks (02/01/2010) EPA has not finalised its assessment of the accredited licence application, but anticipates a decision prior to the end of February 2010 EPA will prepare a written report detailing responses to the questions and recommendations made in the community submission. EPA has directed Terminals to respond to questions and recommendations of relevance to Terminals. EPA's response report will be issued to Ms McLean, as coordinator of the community submission, within 14 days of EPA's accreditation assessment decision. South-west Licence Compliance Sweep EPA Victoria conducted a sweep of licence compliance checks for 20 licensed sites in the south-west late last year, including Terminals Corio (25 November 2009). No issues of compliance were found for the Terminals Corio site and Terminals Corio were notified of this is a letter from EPA (31 December 2009). Annual report for Terminals Corio Annual Report was received by EPA and has been approved (letter to Terminals 7 January 2009 (sic)). EPA requested that future reports detail chemicals not covered by the licence stored at the site where relevant. |
| POLLUTION INCIDENTS AND REPORTS |
Community Reports to EPA Pollution Watch for Terminals Corio DEC 2009 - FEBRUARY 2010 = Nil community reports |
CCC ACTION ITEMS FOR EPA |
NIL |
OTHER LOCAL AND EPA NEWS |
EPA Chief Executive Chief Executive, John Merritt commenced in February. Mr Merritt comes to EPA from WorkSafe Victoria, where he was Executive Director of Health and Safety. Prior to joining WorkSafe, he was the Managing Director and Chief Executive Officer of the National Safety Council of Australia.
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