A new Techno Park email address has been created for community questions.
It is technoparkFAQs@hobsonsbay.vic.gov.au
We will consider each question carefully and reply to all emails with the response(s) appropriate to the questions. The questions and responses will be shared in the below FAQ library, noting some questions we may not legally be able to answer.
Responses to public questions, responded at Council meeting 9 July 2024
Q. Will you continue trying to evict some people from Techno Park? Or will you put every effort to keep them with their roofs over their heads?
A. The ability to apply for an Existing Use Rights certificate to be able to comply with planning regulations has been open to all residents of Techno Park since February 2024. In April and again in June 2024, Council explained in writing that any further enforcement action has been paused until on or after 1 October 2024, or until Council or VCAT has determined certificates or declarations as to the existence of existing use rights.
As set out in Council’s letter to everyone at Techno Park Drive from 14 June 2024, this pause is to allow time for people at Techno Park Drive to apply for a certificate of compliance under section 97N of the Planning and Environment Act 1987 to establish existing use rights for residential uses.
Officers advise that no applications have been made to date for Techno Park.
Q. Does Hobsons Bay City Council really believe that it is transparent as stated verbally and on letters?
A. Yes, Council is committed to transparency in accordance with the Hobsons Bay Public Transparency Policy 2020 and the Local Government Act 2020.
View our our Public Transparency Policy here. The policy includes how to raise a concern about Council, should you wish.
Q. How many applications for certificates of compliance based on existing use rights has Council received and accessed over the past 20 years?
A. Council’s electronic records show 13 applications for certificates of compliance. No certificates of compliance for any sites have been determined since the legal changes by the planning minister in February 2024.
Again, officers advise that no applications have been made to date for Techno Park.
Q. Council’s 2014 Amendment C96: Proposed Rezoning and Planning Permit, 222-258 Kororoit Creek Road, Williamstown North states that “Hobsons Bay Caravan Park relies on existing use rights to continue operating as a caravan park.” Did Council require the residential caravan park to apply for a certificate of compliance in order to avoid eviction from the industrial zone?
A. At the request of the private landowner, the land of the former Kororoit Creek Road Carvan Park was rezoned from an industrial to residential circa 2015. Council understands that the land was sold after the rezoning. The reasons for anyone leaving the caravan park are a matter between private tenants and the private landowner.
The original caravan park operated under a valid planning permit and therefore there was no need to demonstrate existing use rights. A certificate of compliance is only a consideration for a use without a valid permit.
Q. Has Council received responses to their June letters to WorkSafe and the EPA?
A. Both WorkSafe and the EPA have acknowledged our June letters. We expect discussions and responses shortly. If Council is legally able, we will make any responses publicly available on this webpage.
Q. On 21 June 2024, in response to an enquiry from Council the week before, Mobil confirmed that the tanks of the South Crude Tank Farm are not in use and will not be used again. This is consistent with the information about the future of the refinery sites published on Mobil’s website since 2021. Prior to the June letter, when was the last time Council sought an update on the status of the South Crude Tank Farm?
A. WorkSafe is the State Government regulator of major hazard facilities, including the Tank Farm. Council is legally required to follow and take into account directions, notices and requirements from WorkSafe.
Council is yet to receive any direction from WorkSafe that ExxonMobil’s letter to us on 21 June 2024 has removed any safety risk at Techno Park Drive. This is WorkSafe, not Council who will make these decisions about future hazards and safety matters regarding major hazard facilities.
ExxonMobil organisation, as set out in their June 2024 letter, is undertaking studies and considering the future uses of the site. This position has been explained to Council in recent years.
As of today, ExxonMobil’s operations permit has not been altered and revoked by WorkSafe. We are seeking confirmation of any change from WorkSafe.
Historically, WorkSafe and ExxonMobil have been referred planning applications for their responses (including that at JT Gray Reserve). Their responses to Council on these planning permit matters to date have required us to apply conditions to any permits issued on the basis that the South Tank Farm was in use.
At today’s date, WorkSafe and Council still have to make decisions that are consistent with WorkSafe’s State guidance note entitled ‘Land use Planning near a Major Hazard Facility’. Council has written to the Minister for Planning asking for more guidance on planning decisions impacted by major hazard facilities.
Q. In November 2020, Council received a planning permit to upgrade the JT Gray Reserve pavilion, which required it make changes to the plans due to the proximity of the South Crude Tank Farm (at that time part of the active Altona Refinery). In February 2021, before building works started, Mobil announced it was closing the refinery and developing an import terminal and storage facility. Did Council enquire with Mobil at any point before building to the new specs about the status of the South Crude Tank Farm post refinery closure?
A. In 2020, Council notified ExxonMobil of Planning Application PA1944738 relating to the re-development of JT Gray Reserve and Pavilion. ExxonMobil provided a submission to the planning application, including recommending conditions relating to the building’s design and construction to make provision for a major incident within the South Tank Farm, and that included emergency management procedures and risk mitigation measures.
WorkSafe and Council make decisions that are consistent with WorkSafe’s State guidance note entitled ‘Land use Planning near a Major Hazard Facility’.
Q. How much was the original budget for the JT Gray Pavilion, and what was the eventual total cost?
A. Project works have been carried out at JT Gray Reserve over the past four financial years, including construction of a new pavilion, car park upgrades, construction of new cricket practice nets and improved lighting to one of the ovals. The contract for the delivery of the pavilion and car park upgrade was awarded in 2019 at a value of $4,176,320 excluding GST. The actual costs for delivery of the pavilion and carpark upgrade works were $5,745,000 excluding GST. The additional costs were attributable to agreed scope changes with tenant clubs and adjustments to comply with planning permit conditions with major hazard facility requirements.
Responses to public questions, responded at Council meeting 14 May 2024
Q. Considering the recent sale of the Qenos manufacturing business to property developer LOGOS, will Council be seeking to review their current planning submission review process within the current Qenos buffer zones?
A. Council has only recently become aware that the Qenos facility has been sold to a third party. Council has received recent advice from WorkSafe Victoria that notwithstanding the sale of the facility, the facility remains a licensed major hazard facility and should be treated as such until different advice is provided. Council is considering undertaking further analysis in relation to the demand and supply of state significant industrial land in the context of its Industrial Land Management Strategy. However, for the meantime it is not anticipated that there will be any change in strategic settings concerning the Qenos land given its current regulatory framework.