A WA parliamentary question addresses environmental quarantine requirements for the Gorgon gas project on Barrow Island, specifically regarding Chevron's compliance and the Minister's powers to enforce regulations. The Minister expresses confidence and outlines relevant legislation and penalties.

AnsweredQoN 714Legislative Council
Asked
11 August 2009
Portfolio
Environment

QuestionView source ↗

GORGON gas PROJECT DISPUTE — ENVIRONMENTAL QUARANTINE REQUIREMENTS
With regard to the environmental quarantine requirements stipulated for the development of the Gorgon project on Barrow Island — (1) Is the minister confident of the ability of Chevron, or companies contracted by Chevron, to fulfil the environmental quarantine requirements for channel dredging and jetty construction? (2) If no to (1), why not? (3) Does the minister have the power to call to account Chevron, or companies contracted by Chevron, if it or they are found to be in breach of the environmental quarantine requirements? (4) If no to (3), why not? (5) If yes to (3), what powers does the minister have in this respect and what penalties could apply? Hon DONNA FARAGHER

AnswerView source ↗

I thank the member for some notice of this question. (1) Yes. (2) Not applicable. (3) Yes. (4) Not applicable. (5) Section 48 of the Environmental Protection Act 1986 allows the Minister for Environment to make orders or take actions to bring about compliance with the relevant conditions or procedures in the ministerial statement applying to the Gorgon proposal on Barrow Island. Failure to comply with an order served under section 48 is an offence punishable by a maximum fine of $325 000 for a body corporate, and a daily penalty of $65 000. In addition to the Minister for Environment’s powers, the chief executive officer of the Department of Environment and Conservation may exercise powers and commence prosecutions for quarantine-related offences that affect flora and fauna under the Wildlife Conservation Act 1950 or the Conservation and Land Management Act 1984 and associated regulations.
(1) Is the minister confident of the ability of Chevron, or companies contracted by Chevron, to fulfil the environmental quarantine requirements for channel dredging and jetty construction? (2) If no to (1), why not? (3) Does the minister have the power to call to account Chevron, or companies contracted by Chevron, if it or they are found to be in breach of the environmental quarantine requirements? (4) If no to (3), why not? (5) If yes to (3), what powers does the minister have in this respect and what penalties could apply? Hon DONNA FARAGHER replied: I thank the member for some notice of this question. (1) Yes. (2) Not applicable. (3) Yes. (4) Not applicable. (5) Section 48 of the Environmental Protection Act 1986 allows the Minister for Environment to make orders or take actions to bring about compliance with the relevant conditions or procedures in the ministerial statement applying to the Gorgon proposal on Barrow Island. Failure to comply with an order served under section 48 is an offence punishable by a maximum fine of $325 000 for a body corporate, and a daily penalty of $65 000. In addition to the Minister for Environment’s powers, the chief executive officer of the Department of Environment and Conservation may exercise powers and commence prosecutions for quarantine-related offences that affect flora and fauna under the Wildlife Conservation Act 1950 or the Conservation and Land Management Act 1984 and associated regulations.
(2) If no to (1), why not? (3) Does the minister have the power to call to account Chevron, or companies contracted by Chevron, if it or they are found to be in breach of the environmental quarantine requirements? (4) If no to (3), why not? (5) If yes to (3), what powers does the minister have in this respect and what penalties could apply? Hon DONNA FARAGHER replied: I thank the member for some notice of this question. (1) Yes. (2) Not applicable. (3) Yes. (4) Not applicable. (5) Section 48 of the Environmental Protection Act 1986 allows the Minister for Environment to make orders or take actions to bring about compliance with the relevant conditions or procedures in the ministerial statement applying to the Gorgon proposal on Barrow Island. Failure to comply with an order served under section 48 is an offence punishable by a maximum fine of $325 000 for a body corporate, and a daily penalty of $65 000. In addition to the Minister for Environment’s powers, the chief executive officer of the Department of Environment and Conservation may exercise powers and commence prosecutions for quarantine-related offences that affect flora and fauna under the Wildlife Conservation Act 1950 or the Conservation and Land Management Act 1984 and associated regulations.
(3) Does the minister have the power to call to account Chevron, or companies contracted by Chevron, if it or they are found to be in breach of the environmental quarantine requirements? (4) If no to (3), why not? (5) If yes to (3), what powers does the minister have in this respect and what penalties could apply? Hon DONNA FARAGHER replied: I thank the member for some notice of this question. (1) Yes. (2) Not applicable. (3) Yes. (4) Not applicable. (5) Section 48 of the Environmental Protection Act 1986 allows the Minister for Environment to make orders or take actions to bring about compliance with the relevant conditions or procedures in the ministerial statement applying to the Gorgon proposal on Barrow Island. Failure to comply with an order served under section 48 is an offence punishable by a maximum fine of $325 000 for a body corporate, and a daily penalty of $65 000. In addition to the Minister for Environment’s powers, the chief executive officer of the Department of Environment and Conservation may exercise powers and commence prosecutions for quarantine-related offences that affect flora and fauna under the Wildlife Conservation Act 1950 or the Conservation and Land Management Act 1984 and associated regulations.
(4) If no to (3), why not? (5) If yes to (3), what powers does the minister have in this respect and what penalties could apply? Hon DONNA FARAGHER replied: I thank the member for some notice of this question. (1) Yes. (2) Not applicable. (3) Yes. (4) Not applicable. (5) Section 48 of the Environmental Protection Act 1986 allows the Minister for Environment to make orders or take actions to bring about compliance with the relevant conditions or procedures in the ministerial statement applying to the Gorgon proposal on Barrow Island. Failure to comply with an order served under section 48 is an offence punishable by a maximum fine of $325 000 for a body corporate, and a daily penalty of $65 000. In addition to the Minister for Environment’s powers, the chief executive officer of the Department of Environment and Conservation may exercise powers and commence prosecutions for quarantine-related offences that affect flora and fauna under the Wildlife Conservation Act 1950 or the Conservation and Land Management Act 1984 and associated regulations.
(5) If yes to (3), what powers does the minister have in this respect and what penalties could apply? Hon DONNA FARAGHER replied: I thank the member for some notice of this question. (1) Yes. (2) Not applicable. (3) Yes. (4) Not applicable. (5) Section 48 of the Environmental Protection Act 1986 allows the Minister for Environment to make orders or take actions to bring about compliance with the relevant conditions or procedures in the ministerial statement applying to the Gorgon proposal on Barrow Island. Failure to comply with an order served under section 48 is an offence punishable by a maximum fine of $325 000 for a body corporate, and a daily penalty of $65 000. In addition to the Minister for Environment’s powers, the chief executive officer of the Department of Environment and Conservation may exercise powers and commence prosecutions for quarantine-related offences that affect flora and fauna under the Wildlife Conservation Act 1950 or the Conservation and Land Management Act 1984 and associated regulations.
Hon DONNA FARAGHER replied: I thank the member for some notice of this question. (1) Yes. (2) Not applicable. (3) Yes. (4) Not applicable. (5) Section 48 of the Environmental Protection Act 1986 allows the Minister for Environment to make orders or take actions to bring about compliance with the relevant conditions or procedures in the ministerial statement applying to the Gorgon proposal on Barrow Island. Failure to comply with an order served under section 48 is an offence punishable by a maximum fine of $325 000 for a body corporate, and a daily penalty of $65 000. In addition to the Minister for Environment’s powers, the chief executive officer of the Department of Environment and Conservation may exercise powers and commence prosecutions for quarantine-related offences that affect flora and fauna under the Wildlife Conservation Act 1950 or the Conservation and Land Management Act 1984 and associated regulations.
I thank the member for some notice of this question. (1) Yes. (2) Not applicable. (3) Yes. (4) Not applicable. (5) Section 48 of the Environmental Protection Act 1986 allows the Minister for Environment to make orders or take actions to bring about compliance with the relevant conditions or procedures in the ministerial statement applying to the Gorgon proposal on Barrow Island. Failure to comply with an order served under section 48 is an offence punishable by a maximum fine of $325 000 for a body corporate, and a daily penalty of $65 000. In addition to the Minister for Environment’s powers, the chief executive officer of the Department of Environment and Conservation may exercise powers and commence prosecutions for quarantine-related offences that affect flora and fauna under the Wildlife Conservation Act 1950 or the Conservation and Land Management Act 1984 and associated regulations.
(1) Yes. (2) Not applicable. (3) Yes. (4) Not applicable. (5) Section 48 of the Environmental Protection Act 1986 allows the Minister for Environment to make orders or take actions to bring about compliance with the relevant conditions or procedures in the ministerial statement applying to the Gorgon proposal on Barrow Island. Failure to comply with an order served under section 48 is an offence punishable by a maximum fine of $325 000 for a body corporate, and a daily penalty of $65 000. In addition to the Minister for Environment’s powers, the chief executive officer of the Department of Environment and Conservation may exercise powers and commence prosecutions for quarantine-related offences that affect flora and fauna under the Wildlife Conservation Act 1950 or the Conservation and Land Management Act 1984 and associated regulations.
(2) Not applicable. (3) Yes. (4) Not applicable. (5) Section 48 of the Environmental Protection Act 1986 allows the Minister for Environment to make orders or take actions to bring about compliance with the relevant conditions or procedures in the ministerial statement applying to the Gorgon proposal on Barrow Island. Failure to comply with an order served under section 48 is an offence punishable by a maximum fine of $325 000 for a body corporate, and a daily penalty of $65 000. In addition to the Minister for Environment’s powers, the chief executive officer of the Department of Environment and Conservation may exercise powers and commence prosecutions for quarantine-related offences that affect flora and fauna under the Wildlife Conservation Act 1950 or the Conservation and Land Management Act 1984 and associated regulations.
(3) Yes. (4) Not applicable. (5) Section 48 of the Environmental Protection Act 1986 allows the Minister for Environment to make orders or take actions to bring about compliance with the relevant conditions or procedures in the ministerial statement applying to the Gorgon proposal on Barrow Island. Failure to comply with an order served under section 48 is an offence punishable by a maximum fine of $325 000 for a body corporate, and a daily penalty of $65 000. In addition to the Minister for Environment’s powers, the chief executive officer of the Department of Environment and Conservation may exercise powers and commence prosecutions for quarantine-related offences that affect flora and fauna under the Wildlife Conservation Act 1950 or the Conservation and Land Management Act 1984 and associated regulations.
(4) Not applicable. (5) Section 48 of the Environmental Protection Act 1986 allows the Minister for Environment to make orders or take actions to bring about compliance with the relevant conditions or procedures in the ministerial statement applying to the Gorgon proposal on Barrow Island. Failure to comply with an order served under section 48 is an offence punishable by a maximum fine of $325 000 for a body corporate, and a daily penalty of $65 000. In addition to the Minister for Environment’s powers, the chief executive officer of the Department of Environment and Conservation may exercise powers and commence prosecutions for quarantine-related offences that affect flora and fauna under the Wildlife Conservation Act 1950 or the Conservation and Land Management Act 1984 and associated regulations.
(5) Section 48 of the Environmental Protection Act 1986 allows the Minister for Environment to make orders or take actions to bring about compliance with the relevant conditions or procedures in the ministerial statement applying to the Gorgon proposal on Barrow Island. Failure to comply with an order served under section 48 is an offence punishable by a maximum fine of $325 000 for a body corporate, and a daily penalty of $65 000. In addition to the Minister for Environment’s powers, the chief executive officer of the Department of Environment and Conservation may exercise powers and commence prosecutions for quarantine-related offences that affect flora and fauna under the Wildlife Conservation Act 1950 or the Conservation and Land Management Act 1984 and associated regulations.

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