Independent Review into the Leaking Bund Wall at the Port of Gladstone

Background Paper

The Minister for the Environment, the Hon Greg Hunt MP, has commissioned an independent review into the events which led to the bund wall leaking during 2011 and 2012 at the Port of Gladstone.

The review is being undertaken by an independent panel (the Panel) appointed by the Minister, comprising Dr Andrew Johnson (Co Chair), Ms Anthea Tinney (CoChair), and Dr Ian Cresswell (Panellist). Further information on the panel can be found at http://www.environment.gov.au/bundwallreview. Secretariat support to the panel is being provided by the Department of the Environment (the Department) and overseen by an independent probity advisor.

This paper provides background on what will be considered by the review. It also provides general information about the conduct of the review, including advice on how interested individuals and organisations can participate. This paper should be read in conjunction with the review’s Terms of Reference, which are available at Attachment A.

1. Background

The Port of Gladstone Western Basin Dredging Project (EPBC 2009/4904) was approved under national environment law on 22 October 2010. The approval allows for a maximum of 46 million cubic metres of dredge spoil to be removed and disposed off, both offshore and within a constructed reclamation area. Stage 1A, accounting for approximately 25 million cubic metres of dredging, has been completed.

During the construction of the reclamation area, two events relating to a leak in the bund wall occurred between October 2011 and June 2012. Both events were reviewed by the Department of the Environment. In response to a request from the World Heritage Committee, in February 2013 the Australian Government commissioned An Independent Review of the Port of Gladstone (the Independent Review). The review panel reports can be found at http://www.environment.gov.au/bundwallreview.

Recently, reports previously unavailable to the Department and the Independent Review relating to the construction of the reclamation area’s bund wall and water quality management during stage 1 of the dredging program have become publicly available.

Given that these reports were not available to the Independent Review panel and the intense public interest in the matter, the Minister for the Environment has commissioned a supplementary review to the Independent Review which focuses on the events that led to the leaking of the bund.

2. Participating in the Review

Call for submissions

Public submissions are a very important part of the Independent Review into the leaking bund wall at the Port of Gladstone. Submissions are invited from individuals or organisations. Submissions should address all matters that they consider relevant to the review’s Terms of Reference. Submissions are required to be provided by 6.00 pm 28February2014 to ensure the panel has sufficient opportunity to review the material.

The review’s website (http://www.environment.gov.au/bundwallreview) contains information on making submissions.

Privacy and confidentiality

The Department is committed to dealing with personal information in accordance with the Privacy Act 1988 (the Privacy Act). The Privacy Act defines personal information as information or an opinion, whether true or not, about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion.

The personal information you provide us will be used for the purpose of the review, as described in the terms of reference. Your submission should not include personal information about a third party without their consent.

Your personal information may be disclosed to the Minister for the Environment and his office.

Submissions to the review will be published on the review’s website as soon as possible after the close of the public submission period. Personal information will be removed as far as possible but some may be published. If submitters believe they have a good reason for keeping all or part of their submission confidential, it should be clearly stated in the submission. Alternately, submitters may contact the review secretariat by emailing to obtain more information on this matter.

The review will operate in accordance the Freedom of Information Act 1982 (Cth) (FOI Act). When taking public submissions for the review, the Departmentwill ensure that all parties are aware that the Department may be authorised or required by law to disclose the submissions in the future including under the FOI Act or where the Department has been served with legal process requiring it do so.

Other input

The Chairs of the review may, at their discretion, use other means to obtain information to support the work of the review including meetings with individuals and groups, commissioning new information and seeking other expert advice.

3. Scope of the review

The review will work within a defined scope, as detailed in the Terms of Reference (see Attachment A).

4. Tips for compiling submissions

All submissions will be fully considered in the course of the review. However, in order to make sure your submission is fully effective in conveying your information, please see the following suggestions for compiling submissions.

  1. Consider the scope and purpose of the review as outlined in the Terms of Reference (Attachment A).
  2. Where your submission is supported by additional documentation or views of third parties, please make sure to either include that documentation as an appendix to your submission, or ensure the document is publicly available (e.g. on the internet) and sufficient reference information is provided so that it can be easily found by the Panel and others.
  3. In order to ensure the review is conducted in a transparent manner, submissions will be published on the review’s website as soon as possible after the close of the public submission period. If submitters believe they have a good reason for keeping all or part of their submission confidential, it should be clearly stated in the submission cover sheet (Attachment B). Alternatively, submitters may contact the review secretariat by emailing to obtain more information on this matter.
  4. If your submission is an electronic file larger than five megabytes, please email your submission in a series of smaller parts or post it on a DVD.
  5. Please include your preferred contact details in the submission coversheet provided on the website. It may be necessary to contact some submitters for follow-up consultation. However, please remember to keep the substantive text of your submission free of personal information relating to yourself or others.
  6. For submissions to be considered by the review panel, submission will need to have been received by the department no later than 6.00 pm 28 February 2014
  7. Clearly title your input as a Submission to the Independent Review into the Leaking Bund Wall at the Port of Gladstone. Submissions should be emailed to or posted to:

Bund Wall Review Secretariat

PO Box 787

CANBERRA ACT 2601

1

Attachment A

Independent Review into the Leaking Bund Wall at the Port of Gladstone
Terms of Reference

The independent panel will:

1.  examine and report on information relevant to the design and construction and functioning of the outer bund wall of the western basin reclamation area that has become available since the Independent Review reported on its findings

2.  provide advice as required to assist with the department's current review of the outer bund wall leak incidents in 2011 and 2012

3.  consider the adequacy of monitoring requirements and operations

  1. seek submissions from relevant stakeholders on the design, construction and other matters relating to the subsequent leaking of the bund wall.

GPO Box 787 Canberra ACT 2601 • Telephone 02 6274 1111 • Facsimile 02 6274 1666

www.environment.gov.au

Attachment B

Independent Review into the Leaking Bund Wall at the Port of Gladstone

Submission Cover Sheet

Please provide your preferred contact details:
Name:
Company/Organisation and your position (ifapplicable):
Date of Submission: / Phone number:
Postal Address:
Email:

Privacy statement

The Department of the Environment (the Department) is committed to dealing with personal information in accordance with the Privacy Act 1988 (the Privacy Act). The Privacy Act defines personal information as information or an opinion, whether true or not, about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion.

The personal information you provide us will be used for the purpose of the Independent Review into the leaking bund wall at the Port of Gladstone, as described in the Terms of Reference. Your personal information may be disclosed to the Minister of the Environment and his office. You should not include personal information about third parties without their consent.

Submissions to the review will be published on the review’s website as soon as possible after the close of the public submission period. Personal information will be removed as far as possible but some may be published. Submitters may contact the review secretariat by emailing to obtain more information on this matter.

The department may also be authorised or required by law to disclose the submissions in the future including where an application is made under the Freedom of Information Act 1982 (Commonwealth) and where the department has been served with legal process requiring it do so.

In making a submission to the review you are acknowledging this privacy statement.

If you believe you have a good reason for keeping all or part of your submission confidential, please clearly state your reason below (if you need more space, further detail can be included in an attachment):

GPO Box 787 Canberra ACT 2601 • Telephone 02 6274 1111 • Facsimile 02 6274 1666

www.environment.gov.au