Adopted Minutes

Thursday, 10th December, 2009





Robin Saunders:

CICCC / Chairperson

Kerry Murphy

Environment Protection Authority

Faye Simpson
Community Rep./Committee Member

Theo Pykoulas

City of Maribyrnong

Ian Thomas:

Community Rep./Committee

Carlo Fasolino

State Manager, Victoria, Terminals Pty Ltd

Deborah MacFarlane

Community Rep./Committee Member

Col Brighton

Acting Operations Manager

Susan Chatterton

Minute Taker








Robin Welcome to Kerry and Col. Peter La Rose is Acting State Manager, NSW and is looking after the Terminals site there.

Apologies: George Horman, and Bro Sheffield-Brotherton.


Confirmation of draft agenda – adopted





Robin Draft Minutes of the 10th September, 2009 adopted without change.


Action Items



09/07-2 Ethyl acrylate spill at DP World.


Kerry DP World has been convicted on the charge of causing air pollution


That incident happened on the 16t & 17 September 2007, and DP World was prosecuted on 16 April, 2009. DP World was convicted in the Melbourne Magistrates Court and was ordered to pay $160,000 which will fund two local community environmental projects.


06/08-1 PoMC to send results of ground water pollution monitoring 2006 - 2008


Robin I feel we are unlikely to hear any thing more on the item so therefore it should just be deleted from the Action Summary Sheet.


06/09-2    Copy of Severity Rating guidelines were emailed to Robin and have since been circulated, further copies were circulated at the meeting.


09/09-1            Letter of congratulation on behalf of Committee to Cheryl’s appointment. Letter             has been sent 16/9/09, and acknowledged – Action completed.


09/09-2    Copy of EPA licence once it has been approved to be uploaded onto the CICCC website. We will get to that later as Carlo has given me a hard copy and will in the next few days he will scan and I will circulate and put on website.


09/09-3            Emergency Exercise 30/09/09 information to be circulated to members.


Carlo    A summary document was circulated on 22/09/09 prior to the exercise. The summary was of what was proposed of events to take place on the day. A presentation of outcomes will be given later in the meeting.


09/09-4    Quentin is to let Robin know who heads the unit of the licence reform process. Letter to be written to EPA to ask that the committee be involved in consultation on the licence reform process.


Robin            I have not done any follow up for that to date.


Kerry    I have brought along tonight a copy of the new EPA structure and futures plan. Also brought along the corporate Business Plan outlining the future directions of the EPA and I thought that maybe we could go through some of that with you.


Robin            Who is the person who heads the licence reform process?


Kerry    The licence reform is under a section called “Service Knowledge” and at the moment Melanie Fisher is heading the unit but Jason Borg he is the proper manager but he has just stepped into a maternity leave position. Jason should step back into the role in about February.


Robin    I will be putting the question to Melanie Fisher “how does the CICCC become involved in the consultation process on the whole business of licence reform”?


Kerry    I could take that action if you like and ask Melanie and Jason to come to the next meeting.


Robin            Yes that would be very good, and also we


After some discussion the next meeting postponed to 18th March, 2010 – adopted.


ACTION:    Kerry to advise Melanie Fisher of CICCC interest in licence reform and desire to have input. Invite Melanie/Jason to next meeting 18.3.2010.


09/09-5            Combustor Low fire at Night, and Preheating Liquid injection to the Combustor.


Carlo    I wrote a letter off end of September to Quentin at the EPA and I have received a response saying the EPA are happy with the process.


Robin            Can this letter be circulated?


Carlo    I do not like to circulate correspondence between Terminals and regulatory authorities.


Robin    That is fine from Terminals perspective but what it is doing is giving the community less information. We have been following this matter in the previous meetings and ensuring that the greenhouse gas emission are not increased and it is a matter that has been discussed between the EPA and Terminals


Carlo            I have never done that in the past so did not want to set a precedent.


Robin    You’re concerned that information you send to the regulators, which the regulator might wish to respond to with further variations, may not be the final outcome? You feel such letters being sent to me and me sending it to the members might make the whole process a little messy and confusing?


Carlo            Yes


Robin    I can accept that. If you wish for me not disseminate something widely, something that is still in negotiation, I will be more than happy to agree and would understand that you would have good grounds for your view.


Robin    This document that you have given me is Terminals letter to EPA before they agreed and that they have subsequently sent to you that this is fine.


Carlo            Yes


Robin    On this basis to proceed there is no need for a Works Approval or variation to the licence so the matter is now resolved so what I would like to do is circulate this.


Action    Robin to scan and distribute the letter to Marc Cassanet at the EPA as at 21/09/09.


Ian             Could we seek the EPA view on this matter?


Kerry    In the update are the results of that letter. So I don’t think that Quentin will have a problem with that letter being distributed. The EPA letter to Terminals states that a Works Approval will not be required due to no alteration in waste emitted as a result of the changes.


Robin    Are you going to table that letter later and we will append to the minutes. That will do for that action. The EPA report summarizes the EPA response.





Kerry Thank you very much for having me here tonight.


With the restructure Quentin has now moved into a different type of job. Quentin advised that both the CICCC and TGCCC require highly technical information and they like to talk about technical information and he didn’t feel that the knowledge resided in one particular person within the organization. So we felt that the best approach would be for the committee to let the EPA know what type of information they wish to discuss and then we would arrange for the right person to be in attendance.


In the meantime if Robin could contact me if there is anything you want information on or want to discuss and we would also encourage Terminals to talk to us about things that they are interested in as well.


Robin What the EPA is offering is that the committee will go to other people within the EPA directly and not through Kerry and will copy Kerry so she aware of what is going on. We are not constrained to go through Kerry. We retain the right to directly go to anyone within the EPA.


Deborah I actually think it a pity that the EPA have decided not to provide a representative to attend these meetings. Quentin often had interesting and insightful comments to make.


Robin Quentin always displayed a sense of openness and that engendered in us a sense of trust.


Kerry What I have made is a commitment to Robin to attend the community meetings for the next 6 months. I will then get a good feel for what topics you discuss. I will just say that I went to the EPA Executive Team Meeting last week and I put forward that the EPA attend the meetings. The Executive Team whole- heartedly agreed.


Robin I was very heartened to hear that. You put forward a report on consultation and the executive view was to continue to support these committees.


Faye To me the value of having an EPA member attend the meetings is that sometimes we don’t know what it was we wanted. Quentin would pull points together and re frame the picture for us within the context of legislation. I thought that was really valuable.


Ian We have seen this before with a number of organizations where the attendance wanes. It would be preferable to send someone that is prepared to communicate and who is senior enough to be able to do it purposefully. I would like to see the facility for us to ask EPA send someone specific to advise on specific topics. Is that viable?


Kerry We will aim to do that. Marc has a lot of community meetings to go to (there are 58 Community Liaison Committies operating in the State) and doesn’t feel like he is necessarily in a position to answer all the questions put forward. I have to keep working with my management team to help them understand whose job this should be to attend these meetings as it should be somebody’s job as I feel this is important.


Carlo Marc has a different focus to Quentin.


Kerry What the organisation has observed is that Marc’s job is being to make sure Terminals is complying to such things as saving water, reducing energy use, reducing climate change etc.


Kerry then discussed the Organization Chart.


ACTION Kerry to send Robin a copy of the structure electronically.


Ian Could you tell us who the “Authority” is?


Kerry There is a meeting called Authorities chaired by the Chairman where statutory matters get approved there.


I will just make a note to clarify for you for the next meeting.


ACTION Kerry to clarify what is meant by “the Authority”



Robin I would like to go back to the notes that confirms our discussion on 27/11/09 and the points that our committees are interested in hearing as follows:-

Š      Particular proposals for which Terminals are seeking approval

Š      Matters to be progressed as part of an EIP

Š      EPA inspections and audits of the site

Š      Incidents at the site

Š      Statutory approval processes, and changes to these processes

Š      EPA and government policy changes which are under review of promulgated

Š      Matters of general interest being handled by EPA in the Region and in the State.


One cannot look at that list without coming to the conclusion that it would be very difficult to provide that service if there was not an EPA representative at the meetings. How I would like to draw those threads together is to have a note in the minutes that the position is that you will be here for the next two meetings and that you will be facilitating to have a representative from the EPA attend the meetings.


Both committees have written to Cheryl congratulating her on her appointment. I have written to Cheryl inviting her to the next meeting and she has agreed to attend the TGCCC. There was a specific need to seek her attendance at that meeting. Inviting her to attend the CICCC is something we can follow up as a matter of course after her attendance at the TGCCC later in 2010.


Ian Sounds good thank you


Kerry I have brought copies of the amended licence.


Kerry gave out copies of the Activity Report for September – December 2009 which she quickly put together and would like the committees feedback.


Kerry For some groups who do not want EPA representation then the activity report would be a way of getting the EPA there.


Robin Looks like an excellent example. If you could provide the report some time before each meeting that would be just superb. I would see the report as being valuable as a back stop should the EPA representative not be available. Desirably there would still be an EPA representative at the meetings.


Kerry Agreed. Kerry also advised the Committee that the position of Deputy Chairman is being advertised currently, and an appointment is anticipated by the end of December. The Deputy Chairman will also be the CEO.


Robin I have had a number of interactions with Kerry over the month. EPA have done a lot of good work and congratulations to Kerry on being able to steer the organization in that direction and for arriving at this point. I would encourage you to facilitate an EPA representative to attend the meetings. Thank you for your very positive response to all of our inputs and look forward to moving forward in a happy shared basis.






Robin The EPA licence review we have dealt with this now, we now have copies of the refreshed licence and a few copies have been circulated here tonight.







Robin We have had a written report from the EPA, and Kerry has taken us through the items listed. A copy of the report forms Attachment 1 to the minutes.




Theo No new planning contentious issues on the books. There is a meeting to be held next Monday 14th December, 2009 to discuss the application concerning Lot B, 200 Stephen Street increasing the proximity of residents near Mobil. The reality is another example poor planning controls in place. I did forward to Robin the announcement by the Planning Minister to set up a reference group to look at all port planning issues not just Melbourne but Geelong, Portland and Hastings to try and manufacture a better outcome.


We are due to have a report back June next year. There will be a discussion paper and there is an opportunity for this group to get involved at some stage if they wish.


Robin An Advisory committee has been set up.


It may be appropriate to wait for the Advisory Committee to circulate its discussion paper


Action Robin to advise the Advisory Committee of the interest of the CICCC in having a copy of its discussion paper with a view to making a submission and being advised of the timelines.


Theo I have provided Project Update 7 on the Emergency Alert System.


The trial happened 27th November, 2009 so basically in effect we have an Emergency Alert System now. I will be following up with the Office of the Emergency Services for the protocol to put to use with our local systems and put in place.


Faye Were there any talks about getting certain groups in certain areas together.


Theo Yes there are obviously hot spots but this is strictly dependent on where the incident might be no matter what it is and working out what particular area to broadcast it. The technology will allow you to draw down to one house if you need to. At the moment it is relying on registered phone lines to a specific address, a mobile registered to a particular address will receive notification. So if there is a threat in your area and your phones are registered to your address you will be notified. That is the first phase, in the next phase they are looking at picking up mobile phones within a particular grid. So at the moment it is limited.


Robin On behalf of the committee Theo I would like to thank you for a great years work.





Col    Presented Terminals report

Š      Site visits

Š      Audits

Š      Planning Application


Carlo    We have put a Planning Application in to increase the height of Tanks 1 & 2 increasing them by 15 meters.


Carlo then explained to the committee how bands are put at the bottom of the tanks increasing the height from the bottom and not from the top therefore making the tanks stronger.


Faye    Is the bund capable of holding the extra product?


Carlo    Yes 1,600 cubic meter tank, the bund is capable of holding 1,700 cubic meters. We are also upgrading the fire system.


Robin    Planning administration for the port here in Melbourne has been taken over by the Minister for Planning for some years now. It is not normal in this case for the minister to seek public comment like the council would do. It has been a practice as I understand it for applications of this sort not to be advertised. What you are detailing here tonight is probably more relevant that would be put in the planning application.


Ian    Has a Risk Assessment been conducted?


Carlo    We have upgraded the Fire Study and consultants have conducted the Risk Assessment. We already have tanks bigger than that with flammables so there will be no impact on the Safety Case.


Deborah    Wouldn’t storing more flammable liquid impact on the Safety Case?


Robin    I think that your answer in part was that you have tanks of a larger size of flammables already on site. The Safety Case is about looking at for instance whether it be one tank or another so the Safety Case could have already allowed for a tank bigger than that of flammables, that is the reason why Carlo is saying he doesn’t think the review will show anything up.


Col    No major issues with any audits.


                    We have embarked on a project to harvest rain water in two 10,000 litre tanks which will be connected to the laundry and toilets.


                    Solar panels are to be installed on gantry to heat the water


                    Incidents – only discussed high severity items of 2 and 3


1.    Operator made decision to over ride the scully using the scully tester. Truck overflowed spilling approx 300 lts.

2.    Truck driver hurt his hand while tying down bulki box load

3.    Product spilt from vapour recovery hose while operator was trying to get green light on truck overfill system (scully) 10 lts spilt.


There was some discussion on the seriousness of Items 1 and 3 above. The Operations Report notes the follow up action including counseling operator, further toolbox training for all operators, and changed procedures.


Robin            Thanked Col




Col             Went through Emergency Exercise outcome.


The primary focus was to test Terminals Emergency Plan and Emergency Management Team, which is an MHF requirement.


Carlo            We simulated a bund fire in the middle of the tank farm in Plant B


Col    It was a deliberate decision to choose that particular tank as it is difficult to get to.


Ian    Referenced Buncefield UK Hartfordshire Oil Storage facility as an example of where a vapour cloud formed and exploded.


Robin    We need to take up with WorkSafe whether the Bunsfield scenario is relevant to Terminals’ Safety Case.


ACTION    Carlo to liaise with WorkSafe and enquire if the Bunsfield vapour cloud explosion scenario needs to be included in future reviews of the Safety case.

Carlo    Tabled a copy of a report of outcomes and recommendations of the Emergency Exercise. (An electronic version of the report was emailed to Robin on 14/12/09, and forwarded to members).

ACTION    Robin to write to PoMC expressing concern that community members were turned away from Operation Island.







See earlier discussion on pages 2 and 3, and EPA’s Report (Attachment 1).







Proposed meetings for 2010 – 18 March, 13 May, 19 August, 18 November, 2010








Attachment 1                        Report from EPA




terminals Pty Ltd - coode island



§ EPA Client manager visited Terminals and toured the Coode Island operations.

§ Discussed EPA new structure and directions with Terminals.

§ Terminals Annual report received and is currently being reviewed.


Review of Accredited Licence

§ Accredited licence was reissued to terminals on 29 September 2009 (copy attached)

Preheating Liquid Feed to the combustor and combustor low fire at night

§ EPA informed Terminals Pty Ltd (letter 4 Dec) that a works approval/licence amendment is not required for changes to combustor feed system due to no alteration in waste emitted as a result of changes.

Decommissioning of Combustion Hydrocarbon Analyser

EPA informed Terminals Pty Ltd (letter 4 Dec) to delay decommissioning of the hydrocarbon analyser until the effect of low fire combustion at night is analysed.

Extension of tank heights

§ Planning referral for extension of tank heights at Terminals Coode Island has been received and being assessed by EPA.


Community Reports to EPA Pollution Watch for Terminals Coode Island

§ Sept 2009 – Dec 2009 = Nil community reports

§ EPA Pollution Response attended an emergency exercise at Terminals Coode Island and provided feedback on the latest Emergency Management Manual to Terminals.


DP World Prosecution 16 April 2009

§ Convicted in the Melbourne Magistrates Court on a charge of polluting the atmosphere, and was ordered to pay $80,000 towards the construction of a community garden at Docklands. (media release on EPA website)


EPA Chairman and Chief Executive

Following the departure of Mick Bourke to the CFA, Cheryl Batagol was appointed to EPA Chairman. As part of the appointment a Chief Executive position was created to improve effectiveness of decision making and delegated authority. Terry A’Hearn is acting CEO until an appointment is finalised this month.


West Point Pty Ltd - convicted and ordered to pay $160,000 for a chemical fire at a Paramount Road site in Footscray, in December 2007. The $160,000 penalty will fund two local community environmental projects:

§ Gould Group Limited - This project will trial a new sustainability education program in eight western suburbs schools.

§ Mission Australian – employs and trains public housing residents in landscaping and improving public parks near Heidelberg West Neighbourhood Renewal community.