❓ Hon Giz Watson inquires about legal proceedings related to tree deaths caused by chemicals in drainage sumps. The Minister responds that civil proceedings are underway, but criminal proceedings are pending further information.
AnsweredQoN 2213Legislative Council
QuestionView source ↗
I refer to my question without notice No. 1226 of 26 November 2009, and I ask -
(1) Have any legal proceedings been brought in respect of the deaths of trees due to chemicals in drainage sumps?
(2) If yes to (1), -
(a) what is the nature of the proceedings;
(b) who are the parties to the proceedings;
(c) what relief has the applicant sought;
(d) what stage have the proceedings reached; and
(e) if the proceedings have concluded, what was the outcome?
(3) If no to (1), -
(a) why not; and
(b) has a report been prepared regarding the inquiry into the deaths of trees due to chemicals in drainage sumps?
(4) If yes to (3)(b), will the Minister please table it?
(5) If no to (3)(b), -
(a) what documents exist in relation to the inquiry; and
(b) will the Minister please table those documents?
(6) If no to (4) and (5)(b), why not?
(1) Have any legal proceedings been brought in respect of the deaths of trees due to chemicals in drainage sumps?
(2) If yes to (1), -
(a) what is the nature of the proceedings;
(b) who are the parties to the proceedings;
(c) what relief has the applicant sought;
(d) what stage have the proceedings reached; and
(e) if the proceedings have concluded, what was the outcome?
(3) If no to (1), -
(a) why not; and
(b) has a report been prepared regarding the inquiry into the deaths of trees due to chemicals in drainage sumps?
(4) If yes to (3)(b), will the Minister please table it?
(5) If no to (3)(b), -
(a) what documents exist in relation to the inquiry; and
(b) will the Minister please table those documents?
(6) If no to (4) and (5)(b), why not?
AnswerView source ↗
Answered
25 May 2010
Responded by
Minister for Environment
Response time
35 days
(1)-(2) No criminal proceedings have yet been laid, however, I am advised that civil proceedings in the Supreme Court of Western Australia are currently underway. The civil proceedings were taken by the City of Joondalup against Turfmaster, the former spray contractor appointed to control weeds in drainage sumps. The City of Joondalup is seeking recovery of costs and the matter is currently before the supreme court.
(3)-(4) The Department of Environment and Conservation (DEC) is awaiting additional information from the City of Joondalup to allow the investigation to be finalised. The additional information is being sought as a result of legal advice in an endeavour to establish a
prima facie
criminal case. It should be noted that the criminal degree of proof,
beyond reasonable doubt
, is significantly higher than the
balance of probabilities
required in a civil proceeding.
(5)-(6) Reports from environmental consultants have been received by DEC and will form part of the investigation file. As the matter is still under investigation it would be inappropriate to divulge any information at this time.
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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(3)-(4) The Department of Environment and Conservation (DEC) is awaiting additional information from the City of Joondalup to allow the investigation to be finalised. The additional information is being sought as a result of legal advice in an endeavour to establish a
prima facie
criminal case. It should be noted that the criminal degree of proof,
beyond reasonable doubt
, is significantly higher than the
balance of probabilities
required in a civil proceeding.
(5)-(6) Reports from environmental consultants have been received by DEC and will form part of the investigation file. As the matter is still under investigation it would be inappropriate to divulge any information at this time.
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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