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EPA’s decision on the works approval application (Updated)*
VCAT to review the works approval decision
An appeal of EPAs decision to grant Works Approval 149284 to Boral Cement has been lodged with the Victorian Civil and Administrative Tribunal (VCAT).
EPA notes that the VCAT hearing process is established and controlled by VCAT – EPA does not set timeframes or requirements for VCAT reviews. Information about the process is on VCAT’s website:
What happens when VCAT opens a case.
Participating in VCAT proceedings.
Common VCAT procedures. (PDF 375KB)
As the matter is now before VCAT, EPA cannot comment on the works approval.
*A works approval has been granted
The works approval (PDF 1.3MB) issued to Boral Cement Limited is for the facility as proposed in the works approval application. The EPA approval process has determined that the proposal meets the requirements of the relevant guidelines, policies and Environment Protection Act. Prior to the issuing of any operational licence for the facility, Boral is required to demonstrate the effectiveness of the required environmental monitoring, management and controls in protecting the environment and community.
These requirements are listed in the works approval conditions and take a particular focus on the potential impacts from noise and dust. Specific requirements in the works approval call for the development of:
- a final acoustic management plan
- a final air monitoring management plan.
These plans must include clear supporting evidence, triggers and specific actions which adapt operational practices in response to site conditions.
If you object to the issuing of the works approval or its conditions, you may have the decision reviewed by applying in writing within 21 days of the date of issue to:
Registrar, Planning and Environment Division
Victorian Civil and Administrative Tribunal (VCAT)
7th Floor, 55 King Street, Melbourne
An application fee may be applicable when lodging an appeal with VCAT. Contact VCAT on 03 9628 9777 for further details on fees associated with an appeal. A copy of the appeal should also be forwarded, within seven days of lodgement, to:
Manager, Development Assessments Unit
Environment Protection Authority Victoria
GPO Box 4395, Melbourne 3001
Process to date
The works approval was advertised in the Herald Sun, The Age and The Geelong Advertiser on Wednesday 26 July 2017. These applications were open for public comment until 16 August 2017. The application was also referred to the Department of Health and Human Services (DHHS), City of Greater Geelong and Port of Geelong.
Section 22 notice: request for additional information and response
After reviewing the submissions, EPA identified a number of specific environmental issues and subsequently issued a notice to the applicant (under section 22 of the Environment Protection Act 1970) on 24 August 2017, requesting further information. The applicant was required to provide this information by 30 August 2017.
EPA requested information relating to the specific environmental issues including existing background noise levels from existing industries, the cumulative noise impacts at sensitive receptors and proposed increased truck movements.
The following response was received from Boral on 30 August 2017.
Any additional comments on the information provided in response to the issued section 22 notice should be submitted in writing to the EPA.
EPA received six submissions from the public. Issues raised in the submissions included, but were not limited to, concerns about increased truck movements in the North Shore area, the high levels of existing industrial background noise and the impact from additional industrial noise.
EPA’s assessment was based on a comprehensive examination of the application in line with the Environment Protection Act 1970 and relevant state environment protection policies (SEPPs) and guidelines. Accordingly, the assessment was limited to examining the environmental impacts of the clinker grinding facility and issues associated with its installation, use and operation.
Boral Cement Ltd (the ‘applicant’) applied to the Environment Protection Authority (EPA) for a works approval to construct a new clinker grinding facility at 37-65 Walchs Road, North Shore, Geelong (“Lascelles Wharf”). The applicant proposed to construct equipment and buildings including: enclosed ball mill and covered store; clinker unloading and delivery infrastructure (covered belt conveyors); outdoor product stockpiles and several finished product storage and distribution silos at the premises. The plant will accept and process clinker to produce cement products at a capacity of 1.3 million tonnes per year.
Clinker will be unloaded from ships and delivered to the site via covered belt conveyors from Lascelles Wharf. Following processing, finished product will be transported to the Victorian market via trucks. The facility is proposed to operate 24 hours a day, seven days a week, with approximately two weeks per year shut-down for maintenance and repairs.
Boral Cement requires EPA works approval prior to commencing construction works on the facility and will operate under an EPA Licence (subject to approval).
Application timeline to date
- 20/06/2017 – Final works approval application received by EPA.
- 26/07/2017 – Public advertising of works approval and public comment period for submissions open.
- 16/08/2017 – Public comment period for submissions close.
- 24/08/2017 – Section 22 notice issued requesting further information.
- 30/08/2017 – Response to section 22 notice received.
- 20/10/2017 – EPA approved the application with conditions.
How to ask questions
Questions relating to the EPA works approval application should be directed to EPA’s Customer Service Centre on 1300 372 842 (1300 EPA VIC) or by email to email@example.com
If you need interpreter assistance or want this page translated, please call 131 450 and ask to speak with Environment Protection Authority Victoria (EPA).