❓ A WA parliamentary question scrutinizes potential breaches of environmental license conditions by Kalgoorlie Consolidated Gold Mines (KCGM) at the Fimiston tailings storage facility, questioning the Department of Environmental Protection's (DEP) response.
AnsweredQoN 591Legislative Council
QuestionView source ↗
I refer to all previous prosecutions undertaken by the Department of Environmental Protection (DEP) in the past 15 years relating to the Fimiston I and II tailings Storage Facility licences operated by Kalgoorlie Consolidated Gold Mines Pty Ltd (KCGM) and a letter dated February 20 2001 titled ‘Quarterly Tailings Storage Facilities (TSF) Monitoring Reports, October - December 2000, Mt Percy TSF, Fimiston TSF, Gidgi TSF’ addressed to Mr John Shipp, Kalgoorlie Consolidated Gold Mines -
(1) Has KCGM breached licence condition number W10 on the Licence?
(2) If not, why not?
(3) If yes to (1), will the Department prosecute KCGM for breaching licence conditions to demonstrate that the Department considers that a breach of this section, or any other section, of the
Environmental Protection Act 1986
to be extremely serious?
(4) Has KCGM breached condition number G2(c) of the September 2000 Licence or any condition on the licence for not ensuring that any person performing tasks on the premises is informed of all the conditions in the licence that relate to the tasks which that person is performing?
(5) If not, why not?
(6) If yes to (4), will the Department prosecute KCGM for breaching licence conditions?
(7) Can the Minister explain how the written explanation from KCGM stating in part ‘The Schedule that was used for sampling during this quarter had not been updated to reflect the latest condition’ was simply accepted by the DEP given there is a licence condition which states ‘The Licensee shall ensure that any person who performs tasks on the premises is informed of all the conditions in this licence that relate to the tasks which that person is performing’?
(8) If not, why not?
(9) Does the Minister and the Department agree that KCGM has a great deal of resources at its disposal or readily available to ensure that they comply with all licence conditions on all of their operations?
(10) If not, why not?
(1) Has KCGM breached licence condition number W10 on the Licence?
(2) If not, why not?
(3) If yes to (1), will the Department prosecute KCGM for breaching licence conditions to demonstrate that the Department considers that a breach of this section, or any other section, of the
Environmental Protection Act 1986
to be extremely serious?
(4) Has KCGM breached condition number G2(c) of the September 2000 Licence or any condition on the licence for not ensuring that any person performing tasks on the premises is informed of all the conditions in the licence that relate to the tasks which that person is performing?
(5) If not, why not?
(6) If yes to (4), will the Department prosecute KCGM for breaching licence conditions?
(7) Can the Minister explain how the written explanation from KCGM stating in part ‘The Schedule that was used for sampling during this quarter had not been updated to reflect the latest condition’ was simply accepted by the DEP given there is a licence condition which states ‘The Licensee shall ensure that any person who performs tasks on the premises is informed of all the conditions in this licence that relate to the tasks which that person is performing’?
(8) If not, why not?
(9) Does the Minister and the Department agree that KCGM has a great deal of resources at its disposal or readily available to ensure that they comply with all licence conditions on all of their operations?
(10) If not, why not?
AnswerView source ↗
Answered
23 May 2002
Responded by
Minister for Housing and Works representing the Minister for the Environment and Heritage
Response time
36 days
(2) N/A. (3) No. The Minister has been advised that any enforcement action is taken in the context of specific circumstances, and in accordance with the DEP's Enforcement Policy. Enforcement includes a range of options, the most serious of which is prosecution. Generally speaking, it is inappropriate for the DEP to prosecute minor or technical non-compliances that have no associated impact on the environment. (4) Yes - KCGM has breached this condition. (5) N/A. (6) Answered by (3). (7) Prior to the due date of the water monitoring reports, there were extensive negotiations between the DEP and KCGM relating to throughput increases for the Fimiston Tailings Storage Facility. As a consequence there was some delay by KCGM in implementing the appropriate schedule addressing the changes to the licence conditions. The DEP noted this and the subsequent reports were compliant with licence conditions. (8) N/A (9) It is not the role of the DEP to assess a company's resources. (10) Answered by (9).
(3) No. The Minister has been advised that any enforcement action is taken in the context of specific circumstances, and in accordance with the DEP's Enforcement Policy. Enforcement includes a range of options, the most serious of which is prosecution. Generally speaking, it is inappropriate for the DEP to prosecute minor or technical non-compliances that have no associated impact on the environment. (4) Yes - KCGM has breached this condition. (5) N/A. (6) Answered by (3). (7) Prior to the due date of the water monitoring reports, there were extensive negotiations between the DEP and KCGM relating to throughput increases for the Fimiston Tailings Storage Facility. As a consequence there was some delay by KCGM in implementing the appropriate schedule addressing the changes to the licence conditions. The DEP noted this and the subsequent reports were compliant with licence conditions. (8) N/A (9) It is not the role of the DEP to assess a company's resources. (10) Answered by (9).
Enforcement includes a range of options, the most serious of which is prosecution. Generally speaking, it is inappropriate for the DEP to prosecute minor or technical non-compliances that have no associated impact on the environment. (4) Yes - KCGM has breached this condition. (5) N/A. (6) Answered by (3). (7) Prior to the due date of the water monitoring reports, there were extensive negotiations between the DEP and KCGM relating to throughput increases for the Fimiston Tailings Storage Facility. As a consequence there was some delay by KCGM in implementing the appropriate schedule addressing the changes to the licence conditions. The DEP noted this and the subsequent reports were compliant with licence conditions. (8) N/A (9) It is not the role of the DEP to assess a company's resources. (10) Answered by (9).
(4) Yes - KCGM has breached this condition. (5) N/A. (6) Answered by (3). (7) Prior to the due date of the water monitoring reports, there were extensive negotiations between the DEP and KCGM relating to throughput increases for the Fimiston Tailings Storage Facility. As a consequence there was some delay by KCGM in implementing the appropriate schedule addressing the changes to the licence conditions. The DEP noted this and the subsequent reports were compliant with licence conditions. (8) N/A (9) It is not the role of the DEP to assess a company's resources. (10) Answered by (9).
(5) N/A. (6) Answered by (3). (7) Prior to the due date of the water monitoring reports, there were extensive negotiations between the DEP and KCGM relating to throughput increases for the Fimiston Tailings Storage Facility. As a consequence there was some delay by KCGM in implementing the appropriate schedule addressing the changes to the licence conditions. The DEP noted this and the subsequent reports were compliant with licence conditions. (8) N/A (9) It is not the role of the DEP to assess a company's resources. (10) Answered by (9).
(6) Answered by (3). (7) Prior to the due date of the water monitoring reports, there were extensive negotiations between the DEP and KCGM relating to throughput increases for the Fimiston Tailings Storage Facility. As a consequence there was some delay by KCGM in implementing the appropriate schedule addressing the changes to the licence conditions. The DEP noted this and the subsequent reports were compliant with licence conditions. (8) N/A (9) It is not the role of the DEP to assess a company's resources. (10) Answered by (9).
(7) Prior to the due date of the water monitoring reports, there were extensive negotiations between the DEP and KCGM relating to throughput increases for the Fimiston Tailings Storage Facility. As a consequence there was some delay by KCGM in implementing the appropriate schedule addressing the changes to the licence conditions. The DEP noted this and the subsequent reports were compliant with licence conditions. (8) N/A (9) It is not the role of the DEP to assess a company's resources. (10) Answered by (9).
(8) N/A (9) It is not the role of the DEP to assess a company's resources. (10) Answered by (9).
(9) It is not the role of the DEP to assess a company's resources. (10) Answered by (9).
(10) Answered by (9).
(3) No. The Minister has been advised that any enforcement action is taken in the context of specific circumstances, and in accordance with the DEP's Enforcement Policy. Enforcement includes a range of options, the most serious of which is prosecution. Generally speaking, it is inappropriate for the DEP to prosecute minor or technical non-compliances that have no associated impact on the environment. (4) Yes - KCGM has breached this condition. (5) N/A. (6) Answered by (3). (7) Prior to the due date of the water monitoring reports, there were extensive negotiations between the DEP and KCGM relating to throughput increases for the Fimiston Tailings Storage Facility. As a consequence there was some delay by KCGM in implementing the appropriate schedule addressing the changes to the licence conditions. The DEP noted this and the subsequent reports were compliant with licence conditions. (8) N/A (9) It is not the role of the DEP to assess a company's resources. (10) Answered by (9).
Enforcement includes a range of options, the most serious of which is prosecution. Generally speaking, it is inappropriate for the DEP to prosecute minor or technical non-compliances that have no associated impact on the environment. (4) Yes - KCGM has breached this condition. (5) N/A. (6) Answered by (3). (7) Prior to the due date of the water monitoring reports, there were extensive negotiations between the DEP and KCGM relating to throughput increases for the Fimiston Tailings Storage Facility. As a consequence there was some delay by KCGM in implementing the appropriate schedule addressing the changes to the licence conditions. The DEP noted this and the subsequent reports were compliant with licence conditions. (8) N/A (9) It is not the role of the DEP to assess a company's resources. (10) Answered by (9).
(4) Yes - KCGM has breached this condition. (5) N/A. (6) Answered by (3). (7) Prior to the due date of the water monitoring reports, there were extensive negotiations between the DEP and KCGM relating to throughput increases for the Fimiston Tailings Storage Facility. As a consequence there was some delay by KCGM in implementing the appropriate schedule addressing the changes to the licence conditions. The DEP noted this and the subsequent reports were compliant with licence conditions. (8) N/A (9) It is not the role of the DEP to assess a company's resources. (10) Answered by (9).
(5) N/A. (6) Answered by (3). (7) Prior to the due date of the water monitoring reports, there were extensive negotiations between the DEP and KCGM relating to throughput increases for the Fimiston Tailings Storage Facility. As a consequence there was some delay by KCGM in implementing the appropriate schedule addressing the changes to the licence conditions. The DEP noted this and the subsequent reports were compliant with licence conditions. (8) N/A (9) It is not the role of the DEP to assess a company's resources. (10) Answered by (9).
(6) Answered by (3). (7) Prior to the due date of the water monitoring reports, there were extensive negotiations between the DEP and KCGM relating to throughput increases for the Fimiston Tailings Storage Facility. As a consequence there was some delay by KCGM in implementing the appropriate schedule addressing the changes to the licence conditions. The DEP noted this and the subsequent reports were compliant with licence conditions. (8) N/A (9) It is not the role of the DEP to assess a company's resources. (10) Answered by (9).
(7) Prior to the due date of the water monitoring reports, there were extensive negotiations between the DEP and KCGM relating to throughput increases for the Fimiston Tailings Storage Facility. As a consequence there was some delay by KCGM in implementing the appropriate schedule addressing the changes to the licence conditions. The DEP noted this and the subsequent reports were compliant with licence conditions. (8) N/A (9) It is not the role of the DEP to assess a company's resources. (10) Answered by (9).
(8) N/A (9) It is not the role of the DEP to assess a company's resources. (10) Answered by (9).
(9) It is not the role of the DEP to assess a company's resources. (10) Answered by (9).
(10) Answered by (9).
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