Shell emissions bid rejected

Alex de Vos
The state’s planning tribunal has knocked back a Geelong community group’s bid to force the release of “specific” information about Shell’s pollution emission levels.
Victorian Civil and Administrative Tribunal said the information must stay under wraps because it was included in documents that were “trade secrets and contained commercially sensitive material”.
The tribunal heard that in 2006 the Geelong Community for Good Life sought access to the documents from Victoria’s Environment Protection Authority under the Freedom of Information Act.
The organisation sought the documents after the EPA’s 2006 decision to grant the petroleum giant six more years to reduce its Corio refinery emissions of hydrocarbons, carcinogenic benzene and fluoride.
The lobby group demanded the EPA release a copy of Shell’s benzene risk assessment and “all correspondence” between the refinery and the environmental authority relating to Shell’s licence requirements and its environmental performance.
“Numerous directions hearings and compulsory conferences were held to clarify and identify documents sought,” the tribunal said.
“The first part was refused access to documents on the basis that they…were trade secrets and contained commercially sensitive material. The second part was refused on the basis that it was a voluminous request.”
The tribunal ruling said the releasing documents would give Shell’s competitors “an unfair advantage”.
“Disclosure of that information would be likely to expose Shell to disadvantage,” the report said.
“Release of the document would not assist in establishing emissions reduction actions taken by Shell as contended by the applicant…nor (would) that disclosure would assist in determining whether Shell had complied with its 2004 licence emission limit.”
A Shell spokesperson welcomed the decision.
“Shell is pleased this long-running matter has been drawn to a successful close,” the spokesperson said.
However, Geelong Community for Good Life’s Sue McLean said the ruling was “irrelevant”.
“The recent VCAT decision only relates to a five-day hearing held late last year in which arguments were held over 13 sample documents out of nearly 80 documents withheld,” Ms McLean said.
“During the course of the hearing, Shell released a further four of the sample documents, leaving only nine documents in dispute.
“Polluting big businesses need a reality check – this group is determined to pursue the principles of community right to know and will persist in attempting to get to the bottom of Shell’s real environmental performance.”