Legal Risk Management for Victorian Desalination Project

This article discusses the legal risk management for the Victorian Desalination Project, including project scope, objectives, relevant regulations, contract critique, and risk identification.

Legal Risk Management

Executive Summary
The VDP (Victorian Desalination Project) is being constructed on the coast in South
Gippsland by AquaSure consortium. The AquaSure Consortium is a public-private partnership
with the Victorian government. The VDP project includes a pipeline and desalination plant to
transfer the waste to the Melbourne water distribution network and it also transfer the
underground power supply which will be largely in the same alignment as the
pipeline. The AquaSure organization has two contracted such as DTSJV (Degremont Thiess
Services) and TDJV (Thiess Degremont Joint Venture). These two contracts are used to maintain
the Victorian Desalination Project. Initially Environmental effects statement was defined the
overall environmental management framework for the VDP project. The environment effect
statement is used to included and refined in the project deed as a contractual requirement for both
construction and design and maintenance and operations stages of the project. The Victorian
Desalination project use the commissioning environmental sub-plan (CESP). The CESP is used
to achieve the requirement of environmental performance of the Victorian desalination project. It
is established and defines the environmental controls that must be implemented by using the
contingency measures. (Aquasure.com.au, 2018). The CESP describes the system of Thiess
Degremont Joint Venture for managing and minimizing the environmental risks.

Contents
Executive Summary.....................................................................................................................................1
Introduction.................................................................................................................................................3
Project Scope...............................................................................................................................................3
Project Objectives........................................................................................................................................3
Area - 1 Maring intake and outlet structures..............................................................................................3
Area - 2,3, and 4 Desalination plant and facilities........................................................................................4
Relevant Regulations and Role of Regulations............................................................................................4
Critique the type of contract.......................................................................................................................4
Risk Identification........................................................................................................................................6
References...................................................................................................................................................6

Introduction
The VDP (Victorian Desalination Project) is being constructed on the coast in South
Gippsland by AquaSure consortium. The VDP project includes a pipeline and desalination plant
to transfer the waste to the Melbourne water distribution network. VDP project Design and
construction plan was developed with a commitment to minimizing any adverse impacts
on cultural heritage, flora and fauna, local communities and landscape. The VDP project use the
two main Contract such as DTSJV (Degremont Thiess Services) and TDJV
(Thiess Degremont Joint Venture). These two contracts are used to maintain the Victorian
Desalination Project.
Project Scope
Main Scope of CDP project is used to gives the rainfall independent water supply to
Melbourne. It is used to produce the high-quality water for the plant. When
plant is requiring the high-quality water, the desalination plant operations provides the high-
quality water and key components of the plant. VDP project construct a desalination plant as a
part of the next stage of its water plan. The VDP must be constructed and designed in accordance
with a collection of documented environmental performance requirements of the project deed. It
must be met the Victorian environmental legal requirements. To maintain the VDP project by
using the Environmental management framework and it used to creates the VDP environmental
management plans that used to support the delivery of compliance with environmental
performance requirement (Langdon, 2018).
Project Objectives
VDP project Design and construction plan was developed with a commitment to
minimizing any adverse impacts on cultural heritage, flora and fauna, local communities
and landscape. The design included a revolutionary green roof that is that largest of its kind
in Australia. It provides the acoustic protection, thermal control, reduce the maintenance needs
and corrosion resistance. The VDP project involves the following area for the processing of the
project is located near Wonthaggi. These are discussed in below.
Area - 1 Maring intake and outlet structures

Initially the VDP project needs the structures that constructed in the ocean to deliver the
seawater to the plant. These activities are managed by the marine and tunnel structures
with land-based construction activities.
Area - 2,3, and 4 Desalination plant and facilities
The Victorian desalination projects is to draw saline water from the Bass Strait. This
project has the potable standards to meet the state water supply targets by using the reverse
osmosis technology (GUIDE TO STANDARDS AND TOLERANCES 2015, 2018).
The VDP project uses the TDJC contract to delivering the commissioning phase of the
project. This project also identifies the five relevant regulations that are applicable to the VDP
project. It also critiques the type of contract that was used for the VDP project. This project also
identifies the environmental risks.
Relevant Regulations and Role of Regulations
The Identified five relevant regulations for VDP project is discussed in below. It is based
on environmental legislation register. It is used to identified and addresses the relevant
regulations of all commonwealth and state legislation to the project. It includes the Project Deed
that is sued to set outs that project works and it requires the number of approvals, licenses and
permits to provide the permission to the works. It must be constructed and
commissioned (Victorian Desalination Project, 2018).
The First regulation is based on Environmental protection activity that
is commissioning the approvals will be required specifically for the commissioning of the
project. To approval the EPA commissioning by using the Environmental Protection Act 1970
regulations. This regulation is used to approvals the EPA commissioning. It is used to permit the
EPA to authorize discharge and storage of waste to enable the commissioning of the
project. Second regulation is based on Electricity that is required for proposed works that
is disturb the overhead power lines, soil and other materials. So, VDP project uses the Electricity
Act 1994 regulations to written the relevant road authority approval that should be obtained prior
to the carrying out the electricity works (PROJECT RELEVANT LEGISLATION, 2018). The
third regulation is based on land protection because that is used to declared the plants and
provides the environmental frameworks. So, VDP project use the Land Protection Act 2002 is
used to provides the management of network. The fourth regulation is based on Soil
Conservation. The main scope the Soil conservation Act 1986 is to consolidate and amend the
law relating to the conservation of soil resources and that is used to facilitate the implementation
of soil conservation measuresThe main scope of the Soil Conservation Act 1986 is to amend and
consolidate the soil resources that are related to the conservation of soil resources that is used to
facilitate and implement the measures of soil conservation. The fifth regulation is based

on Mineral Resources. VDP project uses the Mineral Resource Act 1989 is used to considered if
operations are within the vicinity of mineral tenements (Aquasure.com.au, 2018).
Critique the type of contract
The VDP project use the two main Contract such as DTSJV (Degremont Thiess Services)
and TDJV (Thiess Degremont Joint Venture). These two contracts are used to maintain the
Victorian Desalination Project. The AquaSure used the Commissioning Environmental Sub-Plan
because that is used to describes the Thiess Degremont Joint Ventures(TDJV) systems. The
TDJV contract is mainly used for managing and minimizing the environment risks that are
associates with activities of commissioning of the project. It prepared in accordance with system
of AquaSure's environmental management (VICTORIAN DESALINATION PROJECT LISTED
SPECIES MONITORING REPORT, 2018). Key purposes of the CESP of TDJV are to,
 Implement the Thiess and Degremont environmental policies
 It delivers the prescribed environmental outcomes for the relevant commissioning
activities.
 It monitors, develop and implement the management measures
 It establishes the management and mitigation measures to achieve the environmental
requirements of the Victorian Desalination Project.
 It establishes the environmental commissioning management requirements
 It Minimize the potential impacts of the project commissioning activities.
 It specially manages the potential impacts to the community and environment.
The TDJV is the sub-contractors and consultants in the VDP projects. It is used for all personnel
must comply with the CESP requirements. It consists of all commissioning activities from the
initial intake of seawater through to finalization. It addresses the design and construction area
environmental management plan (| WT Partnership, 2018). It identifies the environment risks
associated with commissioning and it also comply with the environmental
requirements. This contractor considers the all commissioning activities that are transfer to the
operations and maintenance. It maintains the following information's such as functional
and drawing descriptions, discipline inspection and test reports, factory acceptance test reports
and manufacturer and supplier O&M manuals and reports. It also includes the following process
such cleaning activities and construction verification activities (Aquasure.com.au, 2018). The
TDJV follows the environmental targets and objectives are listed in below,
 It easily complies with the environmental standards establishes for the project through the
design and risk management.
 It optimizes the energy efficiency through the project offset and design.
 It protects the beneficial uses of the marine and coastal environment.

The TJDV will engage with the relevant regulatory agencies prior to and throughput the
relevant approvals process to gain an understanding of their requirements. It will submit the new
or revised permits, approvals and licenses to the AquaSure Environmental Management Register.
The AquaSure has contracted TDJV to construct, commission and design the projects as its
D&C contractor (Department of Treasury and Finance Victoria, 2018). It meets the legislative
requirements and it has an obligation to ensure the appropriate the environmental management is
implemented. It has contractual responsibilities and obligations with a number of organizations
to facilitate the project delivery.
Risk Identification
The AquaSure and TDJV contractor are carry out the environmental risk. The
environment risk is one of most addressed and identified risk in VDP project. It has been carried
out for the D&C Marine Area works. These are identified by Environmental Risk Register.
It summarizes the potential hazards form the activities of project and potential impacts of these
hazards and the risk of occurrences (Theaustralian.com.au, 2018). The TDJV involves the
risks that project poses to the environment specifically during the commissioning the activities
with the VDP project. The TDJV approach is used to reduces the environmental risks that are
associated with commissioning are addressed and identified. The AquaSure and TDJV contractor
are uses the commissioning work area packs to provide the overall environment impact
assessment and mitigate the risk (Water and catchments, 2018). It also provides the risk control
measures and procedures to ensure a risk is controlled. The contractor also uses the work
method statements and procedures to provides the step by step planning for activity risk
assessment. It identifies the key environment risks for commissioning activities and ensure the
appropriate mitigation and controls measures. The Identified risk are shown below.

References
| WT Partnership. (2018). Victorian Desalination Plant PPP, VIC (AU). [online] Available
at: http://www.wtpartnership.com/sector/victorian-desalination-plant/ [Accessed 30 Mar.
2018].
Aquasure.com.au. (2018). History. [online] Available
at: https://www.aquasure.com.au/history [Accessed 30 Mar. 2018].
Aquasure.com.au. (2018). Operations & Maintenance. [online] Available
at: https://www.aquasure.com.au/operations-maintenance [Accessed 30 Mar. 2018].
Aquasure.com.au. (2018). The Desalination Plant. [online] Available
at: https://www.aquasure.com.au/desalination-plant [Accessed 30 Mar. 2018].

Department of Treasury and Finance Victoria. (2018). Victorian Desalination Plant. [online]
Available at: https://www.dtf.vic.gov.au/partnerships-victoria-ppp-projects/victorian-
desalination-plant [Accessed 30 Mar. 2018].
GUIDE TO STANDARDS AND TOLERANCES 2015. (2018). Victorian Building Authority.
[online] Available at: http://www.vba.vic.gov.au/__data/assets/pdf_file/0020/29063/Guide-
to-Standards-and-Tolerances-2015.pdf [Accessed 26 Mar. 2015].
Langdon, D. (2018). IR&EA REPORT. Victorian Desalination Project | Independent Reviewer
& Environmental Auditor. [online] Available
at: https://www.water.vic.gov.au/__data/assets/pdf_file/0026/54269/IREA-Quarterly-
Report-Q3-2011-JulySeptember-.PDF [Accessed 25 Oct. 2011].
PROJECT RELEVANT LEGISLATION. (2018). Environmental Impact Statement Project.
[online] Available at: https://www.arrowenergy.com.au/__data/assets/pdf_file/0007/1987/
Attachment2000420-20Project20Relevant20Legislation.pdf [Accessed 23 Sep. 2013].
Theaustralian.com.au. (2018). Subscribe to The Australian | Newspaper home delivery, website,
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at: https://www.theaustralian.com.au/national-affairs/billions-in-desalination-costs-for-not-
a-drop-of-water/news-story/1dc59f33b788c609e67c001786048fca [Accessed 30 Mar.
2018].
VICTORIAN DESALINATION PROJECT LISTED SPECIES MONITORING REPORT.
(2018). Flora and Fauna Monitoring Report. [online] Available
at: http://www.aquasure.com.au/uploads/files/2013%20VDP%20Annual%20Flora%20&
%20Fauna%20Report%20Final%20%2824_09_2014%29%20%28AQS00073134%29.pdf [
Accessed 17 Jun. 2013].

Victorian Desalination Project. (2018). [online] Available
at: https://www.aquasure.com.au/uploads/files/CESP%20Att%20I.5%20-
%20Environmental%20Checklist.pdf [Accessed 21 Jul. 2015].
Water and catchments. (2018). Connecting the plant to the water grid. [online] Available
at: https://www.water.vic.gov.au/water-grid-and-markets/victorian-desalination-project/
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2018].