❓ Hon Giz Watson asks about enforcement actions related to the Forest Management Plan 2004-2013. The response details the number of incidents resulting in various penalties and enforcement actions, but notes difficulty in providing complete data for some categories. Three serious incidents resulted in charges under the CALM Act and $1,000 fines.
AnsweredQoN 6228Legislative Council
QuestionView source ↗
I refer to the Department of Environment and Conservation (DEC)'s Enforcement and Prosecution Policy of May 2008, and I ask —
(1) How many incidents relating to the Forest Management Plan 2004–2013 (FMP) resulted in —
(a) prosecution;
(b) infringement notice;
(c) caution notice/written warning (and of these, how many have been resolved);
(d) modified penalty notice;
(e) statutory notices and directions;
(f) other written notices;
(g) amendment to licence conditions/permit;
(h) physical intervention; and
(i) suspension or revocation of works approval or licence/permit?
(2) What are the five most serious incidents relating to the FMP to date?
(3) Regarding each answer to (2) —
(a) what enforcement action was taken by DEC in response;
(b) what was the outcome of that action, including but not limited to —
(i) any penalty; and
(ii) any criminal prosecution?
(1) How many incidents relating to the Forest Management Plan 2004–2013 (FMP) resulted in —
(a) prosecution;
(b) infringement notice;
(c) caution notice/written warning (and of these, how many have been resolved);
(d) modified penalty notice;
(e) statutory notices and directions;
(f) other written notices;
(g) amendment to licence conditions/permit;
(h) physical intervention; and
(i) suspension or revocation of works approval or licence/permit?
(2) What are the five most serious incidents relating to the FMP to date?
(3) Regarding each answer to (2) —
(a) what enforcement action was taken by DEC in response;
(b) what was the outcome of that action, including but not limited to —
(i) any penalty; and
(ii) any criminal prosecution?
AnswerView source ↗
Answered
13 November 2012
Responded by
Minister for Mental Health representing the Minister for Environment
Response time
28 days
(1) The Forest Management Plan 2004-2013 (FMP) and subsidiary documents set out the requirements and obligations for the Department of Environment and Conservation (DEC) and others operating on lands vested in the Conservation Commission of Western Australia within the area of the FMP. The FMP itself does not include provisions for offences and penalties.
Offences on land vested in the Conservation Commission within the area of the FMP derive from the
Conservation and Land Management Act 1984
(CALM Act), the
Wildlife Conservation Act 1950
and associated regulations. Most relevant to the FMP are those relating to disease risk areas and the taking of forest produce and protected flora. From 1 January 2008, the following incidents were recorded in relation to the FMP:
(a) 3 prosecutions
(b) 32 infringement notices
(c) 72 written notices, of which 61 have been resolved
(d) not applicable
(e) 7 statutory notices or directions
(f) 124 caution notices
(g-i) significant resources would be needed to generate the information requested by the Hon Member as it would require searching and analysing documentation recorded across a number of DEC systems.
(2) There were three serious incidents.
(3) (a) Charges were laid under the CALM Act.
(b) (i) Fines imposed in all three instances were $1,000.
(ii) Not applicable
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
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Offences on land vested in the Conservation Commission within the area of the FMP derive from the
Conservation and Land Management Act 1984
(CALM Act), the
Wildlife Conservation Act 1950
and associated regulations. Most relevant to the FMP are those relating to disease risk areas and the taking of forest produce and protected flora. From 1 January 2008, the following incidents were recorded in relation to the FMP:
(a) 3 prosecutions
(b) 32 infringement notices
(c) 72 written notices, of which 61 have been resolved
(d) not applicable
(e) 7 statutory notices or directions
(f) 124 caution notices
(g-i) significant resources would be needed to generate the information requested by the Hon Member as it would require searching and analysing documentation recorded across a number of DEC systems.
(2) There were three serious incidents.
(3) (a) Charges were laid under the CALM Act.
(b) (i) Fines imposed in all three instances were $1,000.
(ii) Not applicable
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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