Port Management Further Amendment Bill 2012 – Second Reading Speech delivered in Parliament 14 August 2012

Mr PALLAS (Tarneit) — It  gives me pleasure to rise  to speak in relation  to the  Port Management Further Amendment Bill 2012. In so doing I want  to express my concern about the delay in the progression of debate on this bill.  You would have thought that a bill that  saw  its principal objectives and initiatives, as contained in the explanatory memorandum,  as  improving  requirements for safety and environmental management


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plans  for ports, improving  planning coordination at  the  port of Geelong  and making minor improvements relating to hazardous port activities regulated at the port of Melbourne might have found its way from the second-reading speech to the business paper of this place somewhat faster than the three and half months that fell between the second-reading  speech  and  today. In many ways it really does demonstrate the fact that this government is  more  intent on the shopfront than it is on substantive policy engagements.

I particularly  want to  concentrate on the claim by the Minister for Ports that this bill is consistent with the government’s long-term plans and vision for the development of commercial ports in Victoria. There will be, I assume, some prize for  anybody who is  ultimately  able to identify  this  government’s plans  for long-term port development.

It is  quite apparent to anybody who is observing this government  that what  we have is  a  shambolic approach based on a potpourri of ideas, poorly constructed within any  policy framework and incapable of being adequately elucidated by the minister responsible for this portfolio.

The net  consequence  of the  minister’s  failure to substantively  explain  the government’s clear long-term vision for the development  of the commercial ports in  Victoria  is  that every  time  he  is  caught up  in  a  criticism of  this government’s  failure  to  act  he  seeks to derive a touchstone of  comfort  by saying, ‘Well, look, essentially we are producing a policy that will deliver the development of the port of Hastings.  After  all, aren’t we developing Webb Dock and increasing the containment capacity of the port of Melbourne?’.

Insofar as the development of Webb Dock and the port of Melbourne are concerned, they  are  initiatives  of  the  previous  government under  the  port container capacity upgrade process, and indeed the minister  has acknowledged on  occasion that that is the case. But the big difference between the purported clear vision of this government and what Labor  did  in  government  is that Labor recognised that you need to not only  provide for the development of port capacity but also assure  the  community  that  in developing the port capacity you are  making  a substantial investment in infrastructure. That  will  ensure the recognition and acceptance of those developments by the local community.

All we have seen from this government when it comes to so-called upgrades at the port  of  Melbourne is effectively  a proposal that  the  government will ensure something  like  $900  million  worth  of  debt both in terms of increasing  the capacity of Webb Dock and the car trade.

We are also seeing from  this government  a continued  response that it will put more  and more  truck traffic onto the Monash Freeway and the West Gate Freeway. Indeed  it is acknowledged by the Port of Melbourne Corporation that there  will be a doubling of port-related truck traffic over the Monash Freeway and the West Gate Freeway  as  a  consequence  of these initiatives. Where are we seeing from this government a recognition that something should be done about that?

There was an integrated plan or  strategy  from  the previous government: it was called Port  Futures and Freight Futures,  and it was about  hard infrastructure that would ultimately  not only deliver an  effective, performing port but  also demonstrate that the  government  was prepared to do more than simply shift debt onto  the  Port  of  Melbourne  Corporation and  shift  containers onto  already congested  freeways. We  did  that by  investing  in infrastructure  that  would overcome the problems that this government seems totally unconcerned about.

What did we do  apart  from putting $1.4  billion  into  the extra lane  on  the Monash-West  Gate  Freeway and  the  development and  conclusion  of the channel deepening project —  a project that those  opposite did everything possible  to frustrate and delay? Who could forget the words of  wisdom of the now leader  of the state,  the  Premier,  who  said  he supported channel deepening but did not support  deepening the  mouth  of  the Yarra  River?  What  a  preposterous  and ludicrous statement.  He  was effectively saying  we  should deepen the  port of Melbourne  but   have  a  depth-constrained   container  industry,  which  would effectively destroy the container industry.

Now members  of the  government say  they are  the great  proponents of a  clear vision and direction for Victoria. What is the vision for Victoria when it comes to ports? I have done some research, and I found what  the government’s policies are in respect of ports. You need go no further than to the Minister for Ports’s very own website.

If you look at his website, under the heading ‘Policies’ you will see this piece of clarity:

  There is currently no content.

If you are starting to feel a little bit embarrassed by that, the minister would not be. If you go to the noticeboard on the very same web page, you will see the message ‘Write  a  plate  for  your  state’.  This is of course the government’s proposal for a numberplate slogan. It might not have a ports policy, but for the last two years it has been working assiduously  on coming  up with a numberplate slogan. If  it takes  the government  two years to  come up  with a  numberplate slogan, God help us if we are waiting for it to produce a policy that is


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coherent, credible and  capable of actually delivering  for the concerns of  the people of Victoria.

Under  the so-called clear  strategy  that the Baillieu  government is intent on implementing, with which this legislation  is  consistent,  the  government  has replaced the former government’s Port Futures plan with nothing. If you want any further  confirmation  of  the  fact  that  there  are  no  policies,  that  the government’s new plan is that there are no plans, you simply need to go back  to the minister’s website. Port Futures is effectively gone, and this is  part of a wider  pattern  we  are  seeing  from  this  government  of  inaction  on policy development in transport and infrastructure. The pre-existing transport plans of the  last  government have  been  terminated  and listed  on  the Department  of Transport’s website as ‘former strategies and plans’.

Fair enough; the coalition is the new government, so  it is allowed to have  its own strategies and plans,  but for God’s sake,  it has been more than  two years and it cannot even elaborate on them  to the  community. The community has every right  to  see that the legislation before this place  is  consistent  with  the government’s  plans, but  simply  saying  they  are  without  demonstrating  the existence  of  these plans  is  effectively  an  admission  of  failure by  this government.

Somewhat  curiously, Port  Futures  and Freight Futures  do  not appear  on  any government list as  having  existed or having been superseded or whatever. It is relatively safe  to  assume they no  longer constitute part of  the government’s policy, but it is almost like 1984 to see that they have  been expunged from the public record.

This government’s much-lauded transport  solutions plan first reared its head — I  think over  four years  ago —  as an integrated transport solutions plan the then coalition  would progressively unveil when  it was in  government. That was done  by the now Premier when  he was Leader of the Opposition during the course of  the  2008  Kororoit  by-election.  If  it is  going  to  be  integrated  and progressively released,  it is going to be  a very long wait   for the people of Victoria, because it was to be developed with an aim of improving port, road and rail networks  in  Victoria,  but  the  plan  has  effectively  disappeared.  No government MP, let alone a media release, has mentioned it this year.

The Victorian freight and logistics plan is due sometime  in 2013. The fact that there  are no  plans means  we see  the government taking pieces of  work partly completed by the previous government but not doing it in  a way that effectively delivers the full value to the Victorian economy.

You cannot simply, as it  were, slice away at good  policy and hope those  parts you do implement will in themselves constitute good policy. They need to be part of a broad mosaic underpinned  by  clear policy that provides not only certainty to the community but also certainty to  the  bureaucracy,  which is charged with the responsibility  of implementing the  plan. If the bureaucracy  does not know what the plans are, then those plans cannot be introduced.

I  invite  members  to  look at the outward demonstration of the so-called clear implementation of  the government’s plans.  The  port of Melbourne  expansion — once again  a proposal initiated  through  the container capacity  review by the previous government — seeks to extend the capacity of Webb Dock. The opposition has consistently said it does not oppose the expansion of Webb Dock in the terms proposed by the government, with one notable exception. That exception  is this: the government  needs to engage the local community around the way these matters are being dealt with.

Most importantly, the  minister  at  the table, the Minister for Ports, would be well served  to listen  to the members for Albert Park and Williamstown, both of whom are not only very knowledgeable in these areas but also have constituencies greatly concerned about the way the development of this facility is implemented.

The  point I make  —  and  it is one I  have  made  previously — is  that  the government cannot simply say, ‘We are going to develop the port of Melbourne and see  its  capacity  increase  to  5.5 million  containers’,  and have  literally millions of extra truck movements on our freeway network if it does not make the necessary investment in road infrastructure, meaning how you manage the movement of  vehicles and ultimately move towards a mode shift arrangement, not just road infrastructure enabling vehicles onto the freeway network.

The government would be well advised to come up with  some strategies  that make it clear  to the people of Victoria that it has a  plan beyond simply developing Webb Dock. It needs a plan to manage  in an integrated sense the way our freight is  moved. For the government to simply say the opposition opposes the bill is a shambolic and  poorly thought through and advocated strategy. The government has not made its case to the people of Victoria, and it is important that  this case be made. It is important for the  economic wellbeing  of this state that freight be effectively  moved around the community but also that the community have some ownership of the infrastructure that is built.

Who can forget  the  minister  at  the  table  in opposition railing against the injustice and failure of the former government to invest in  infrastructure when trucks were


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being put  onto roads? We know the total contribution made by this government on metropolitan arterial roads in the last budget was less than $4  million of  new capital  spend.  This  figure  is  an  indictment of a government that takes the opportunity to knock in opposition but does nothing to substantively improve the situation in government. It demonstrates a gobsmacking level of cynicism.

We cannot  forget the  revelation made  on 8  June this  year  when the  Premier announced via a media release that the cost of  the port expansion had increased from $1.2 billion  to $1.6  billion. A  $400 million cost blow-out should not be something that simply passes by the way.

  Dr Napthine — There is no cost blow-out.

  Mr PALLAS— The minister at the table tells us there is no cost blow-out: ‘We just forgot to take into account that we were actually going to have to relocate the  vehicle facilities’.  Goodness;  imagine that!  You  have  to relocate  the vehicle  facilities,  but  it  is not a cost blow-out, ‘It’s just something that occurred to us subsequently’. If you want any further demonstration that this is a government of  shambolic decision making,  a  government that not  only cannot manage money but  has not got a clue  about policy and, for that  matter, cannot even  accept  that  policy  has  a substantive  role to  play in  terms of  good governance, this is it.

There was a $400 million cost blow-out for this  expansion,  and  the government attributed that decision as to why the car  trade to Geelong would not be moved. The minister at  the table should have  listened to me in the  months before the announcement when I told him it was not going to happen and could not happen.

Anybody who had a vague clue about how ports and freight interact would not have proceeded  down this  march of  folly and would have recognised that this  was a foolhardy course of action and a cruel hoax on the people of Geelong.

We warned the minister at the table and  the Premier about it but not because we wanted to break the hearts of the people of Geelong. We wanted to let them  down gently, because  this minister  was going  to let them  down from  a very  great height. Once again it is a demonstration  of  this government’s vision. In terms of the performance and application of this bill, one’s expectations are not very high, because we understand that this is in part  the  legislative embodiment of the government’s vision. In  many ways it  demonstrates how shambolic, piecemeal and poorly integrated and thought through the bill actually is.

Turning to the idea that the government could extend the capacity of the port of Melbourne  but make absolutely no provision for the management of traffic on the Monash and  West Gate  freeways, and  for that matter  the rest  of the  freeway network  within metropolitan Melbourne, members  would be well served to look at the announcements that were made.

When  the  minister  was  asked  on  radio, ‘What are you  doing  about  traffic management?’, he said, ‘We’ll be putting a ramp onto the West Gate Bridge’. That is not  a  management plan. That  is  a plan for gridlock  and  nothing else. We already  know  that  the  projections on growth on the Monash-West Gate will see that road, within the next five years, carry some  200 000 vehicles a day. There are very few times in the day — —

  Dr Napthine — You would support the east-west then?

  Mr PALLAS— We  of course support a second river crossing because, as Sir Rod Eddington — —

  Dr Napthine interjected.

  Mr PALLAS  —  The poor  old  minister only demonstrates  his  ignorance. What ignorance!

  Honourable members interjecting.

  The DEPUTY SPEAKER — Order!

  Mr PALLAS— Once again I  want to demonstrate that here  we have a government that is not prepared to make  an investment  where an  investment is needed. The east-west link is a classic illustration.

If you look at the words of Sir Rod Eddington in his report, you see he makes it clear that the  first thing you need to do is  deal with a second river crossing because, as he said, the traffic and truck  movements  from  that section across the Maribyrnong River  are critically important, and the Labor Party’s  position was,  and remains,  that in a $38 million, 12-year transport plan, there  was no priority whatsoever for a cemetery link connection. There was no support for it, no commitment to  it  in  $38 million and 12 years. You  want  to  know what our position is? That is our position, loud and clear.

  Dr Napthine — We still don’t know.

  Mr PALLAS— Sorry, were you asleep?

  Dr Napthine interjected.

  Mr PALLAS— I know you have qualified for a pension card.


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  The  DEPUTY  SPEAKER — Order! The minister and the member  for  Tarneit  will cease having a conversation across the table.

  Mr  PALLAS— Another demonstration of this government’s lack of clear vision, despite the purported use of clear vision in this legislation, is the  fact that it  extols the virtues of  the  port licence fee —  a  government in which  the Premier got up and  said, ‘You would be  foolish  to oppose a tax  that industry supports’.

What did we find out about the views of  industry? You would be surprised to see that  in the  correspondence  provided  to  the  Port  of Melbourne  Corporation industry  almost unanimously made it  incredibly clear that  the $75 million per annum  to  be  raised in the form of a  port  licence fee was not supported. The government said that the port licence  would fund  its vision, which seems to be to raise money and stifle trade with no actual projects in mind.

The port licence fee is nothing more than a revenue cash grab.

The port licence fee will damage the comparative competitiveness of  the port of Melbourne,  and  the port licence  fee is damaging  the  businesses of Victorian exporters,  threatening  Victorian jobs  and,  as was said  consistently  by one submitter after another to the Port of Melbourne Corporation in  regard  to  its community and industry consultation  around this issue,  unlike the situation of the freight infrastructure charge proposed by the previous government, there was no  effort or commitment to productivity-enhancing mode shift proposals, nor was there an  investment or a  firm commitment towards  building infrastructure that would make the port more accessible to  the  industry  and therefore improve its efficient operation.

It was a tax grab, pure and simple.

There was no  commitment to  apply the benefits of that cash grab effectively to the utility of  the  industry or indeed to  the amenity of the community  in and around the port — a port whose capacity will grow substantially between now and 2027 to 5.5 million containers, in the minister’s own view.

The port  licence  fee is strongly  opposed by industry. Embarrassingly  for the government, this is despite the Premier’s statement  in Parliament on 8 February that it is supported by  industry.  The  minister has acknowledged that the port licence fee will not be used to fund freight efficiency improvement projects but will instead be allocated to consolidated revenue.

  Dr Napthine — It is exactly the same as yours.

  Mr PALLAS— The freight infrastructure charge was only accounted  for  in the forward estimates up until 2016, but the government refused to include a  sunset clause, despite  the  fact that it said  it needed to put  this  charge in place because of the forward estimates allocation. Forward estimates  only go for four years.  The minister had the opportunity and he took it, pure and simple. He saw the cash and he dashed for it. It was a dash for cash, and nothing could be more demonstrative of the  fact that  — to use the minister’s own observation — far too  often industry is not given a clear appreciation of what is  happening. For the government to say  it is taking funds and applying them not to  projects but to consolidated revenue, as opposed to what  the previous government did,  which was effectively to identify a $38 million plan with pipeline

projects — —

  Dr Napthine interjected.

  Mr PALLAS  — We hear from  the  minister at the table.  What  about the $10.3 billion that we allocated to transport? The minister demonstrates  his ignorance every time he opens his mouth.

  The DEPUTY SPEAKER — Order! The  minister will cease interjecting; the member for Tarneit will not invite interjections.

  Mr PALLAS— I think I was responding rather than inviting.

  The DEPUTY SPEAKER — Order! The member for Tarneit, to continue.

  Mr PALLAS— Clearly as a government what we see is dishonesty in terms of the cash grab that it has  put in place, and dishonesty with the people of  Victoria about  its  purported  desire  to deal with amenity when you balance the freight needs of the community.

We heard from  the minister at the table time and again in  opposition about how he was concerned about doing something in terms of super monster  trucks, to use his  words — I might say  a term that nobody this  side  of the table has  ever used.  The  minister  consistently used  that  term  to  effectively  create  an expectation  in  the  community  that  those  opposite  would  do  something  to substantively assist the community.

What have they actually done? Effectively they have  done  nothing. We know they intend to develop the port  of Hastings. We know that it will  now  be 15 years, not  8 years,  and according to Treasury calculations it is a $12.4  billion net present  value allocation. Of  course the minister  will dispute those  figures, because he is a much better accountant than anyone in Treasury or the Department of Transport or Deloitte for that matter. I know he is a very wise man! For  the record, that should be seen as sarcastic.


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I want to  be very clear that one  cannot simply pull out these  thought bubbles time  and again  and pretend  that this  is part of  the government’s  clear and consolidated strategy. A demonstration of a  thought bubble is the idea that the minister would have super monster trucks travelling down freeways to the port of Hastings. Nothing could be more ludicrous or so far

removed — —

  Dr Napthine — But I never said that.

  Mr PALLAS— Yes you did. I have got you on television saying it.

  The DEPUTY SPEAKER — Order! The member  for  Tarneit will address his remarks through the Chair.

  Mr PALLAS— What we see from this government is time after time — —

  Honourable members interjecting.

  Mr Noonan — On a point of order, Deputy Speaker, on a number of occasions the Minister for Ports has referred to lies being told by members of the opposition. I believe  in the past this has been deemed an unparliamentary use of  language, and I ask that he withdraw.

  The  DEPUTY  SPEAKER  — Order! The Speaker has ruled that the  words  ‘lies’, ‘lying’  et cetera cannot be used, but the minister was not actually speaking to be recorded in Hansard. He was making asides.

  Mr PALLAS  — The  reason the  opposition does  not oppose  this bill  is that essentially it does not do much.

I suppose it does make some sensible and reasonable adjustments to  the existing port  management scheme, as is outlined in the issues for consideration, and  it continues to operate largely within the previous government’s  2009 Geelong port land use strategy.  However,  the  idea  of  this  small  bill,  as the minister describes it  — it is  small and one has to wonder why it has taken three and a half months  for it to find its way onto the business paper of  this place — is hardly a demonstration  of  the government’s  clear,  long-term vision  for  the development of commercial ports in Victoria.

We know  that there  is  no  vision  in  the  context of  any publically  stated policies. We know the  minister himself acknowledges that  there are no policies on his own website, and indeed  he continues  to extol  the noble  and long-term strategy  of the government of trying  to work out a  road safety slogan for our numberplates in Victoria!  No  doubt  we  will  see  that happen before the next election, it having taken the government only four years to work it out.

It is little wonder that the  government does  not do  the hard  work associated with  developing serious policy and ultimately with  long-term  and  substantial state-building infrastructure projects.

In  many ways this bill  effectively demonstrates three  things.  The safety and environment management plans  (SEMP) and management strategies put in place will be streamlined and clarified — that is, there  will be  a clarification  of the current  arrangements  of the SEMP  procedure.  That procedure  outlined  in the amendment  bill is  a valuable  thing. In  relation to planning  at the  port of Geelong, the  bill  confers  responsibility  for  the  development of  the  port development strategy — which is required under the statute  to  be delivered to the minister every four years — to  the Victorian Regional Channels  Authority. The opposition has no difficulty with that proposal.

Finally, the bill amends the definition  of hazardous port activities to include the transfer of liquid fuel and other non-cargo  liquids so that issues relating to those activities will no longer be dealt with separately from other hazardous port activities. The opposition has no difficulty  with any of that, and in that context we will not be opposing the passage of this bill.

In relation to how the time of  this Parliament is spent, at some point  we hope to  get the opportunity to talk about matters of substance that this  government has in terms of a  clearly elaborated policy. If you go to its website, you will see what we know to be true — that the Department of Transport has no idea what policies it is pursuing. If you look at development within the government of its integrated  transport solutions, or  its transport solutions  plan, you will see that it  seems to have disappeared from the public record. Even the minister  at the  table  had the audacity to  mention this some years  ago,  but it no longer exists on the public record.

We have to ask  ourselves:  what does this all  mean? What is the  direction  in which the  state of  Victoria is going? What is the clear  vision for  transport that the  minister lauds so strongly in this field? At the moment we are clearly within a  policy void, and while we are in  a policy void the people of Victoria have every right to see the cherry picking of particular projects and not around a  broad objective  as being damaging to the wellbeing of the state. However, on that basis, the opposition will not be opposing this bill.

See Tim’s speech in Hansard here.

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