Hon Paul Llewellyn questions the Minister for the Environment regarding dust, fumes, and noise complaints related to KCGM mining operations, particularly concerning the Department's handling of these complaints and enforcement actions.

AnsweredQoN 2614Legislative Council
Asked
22 September 2005
Portfolio
the Environment

QuestionView source ↗

I refer to the minutes of the KCGM CRG Meeting dated May 27 2005, a newspaper article which appeared in
The
West Australian
on Thursday, January 16 2003 titled ‘DEP in for major change’, a letter dated January 8 2001, signed by Director Pollution Prevention Division titled ‘KCGM Fimiston Operations Dust Complaints’, addressed to Mr John Shipp, Kalgoorlie Consolidated Gold Mines and another letter which I understand is dated October 27 2000 signed by the Director Pollution Prevention Division addressed to Mr John Shipp, General Manager Kalgoorlie Consolidated Gold Mines titled ‘KCGM Fimiston Operations Dust Complaints’ -
(1) Is it correct that part of the letter dated October 27 2000 states ‘The Department of Environmental Protection (DEP) writes in reference to a recent blast in the Fimiston Open Pit Operations. The blast occurred at 1.00pm on October 26, and resulted in two complaints been received by the DEP. The Complaints were in relation to excessive dust being generated from the blast, which then passed over industrial and residential areas in Kalgoorlie. An officer from the DEP was in Boulder at the time of the blast for other reasons and witnessed a plume of dust being carried over the Bypass Rd. Dust then appeared to be carried towards the town. Please refer to the attached photos which give an indication as to the movements of the dust plume’?
(2) If no to (1), will the Minister quote the text of the letter dated October 27 2000?
(3) Can the Minister state why the Department was advising KCGM that further efforts appear to be required to minimise emissions considered to be a nuisance or likely to interfere with the health, welfare, convenience, comfort or amenity of any person?
(4) If no to (3), why not?
(5) Can the Minister state how many complaints have been received from Mr Chris Right and Mr Tom Vullhop concerning dust, fumes and vibrations in the last four years, and what specific enforcement action, if any, was taken by the Department as a result of those complaints?
(6) If no to (5), why not?
(7) Can the Minister state when is the Department finally going to change its culture on proactively protecting the environment and community and take complaints from Mr Vullhop, Mr Right or any other person seriously, and act on those complaints to clearly ensure that KCGM does not just keep on repeatedly causing emissions which interfere with the health, welfare, convenience, comfort or amenity of any person?
(8) If no to (7), why not?
(9) Can the Minister explain why the Department advised KCGM that complaints of excessive noise from night time operations in the Super Pit are also becoming consistent?
(10) If no to (9), why not?
(11) Can the Minister state how many complaints of dust, fumes, vibrations have been received concerning KCGM in the last four years from its mining operations?
(12) If no to (11), why not?

AnswerView source ↗

Answered
8 November 2005
Responded by
Minister for Education and Training representing the Minister for the Environment
Response time
47 days
The Minister for the Environment; Science has provided the following response: (1) Yes. (2) Not applicable. (3) The officers of the Department of Environmental Protection at the time considered that KCGM may not be taking all practicable means to minimise dust causing a nuisance or unreasonable emission. The letter of 27 October 2000 sought information from KCGM on what measures had been employed to minimise dust over town to ensure compliance with the Environmental Protection Act 1986 . (4) Not applicable. (5) Mr Right has lodged 20 complaints between January 2002 and September 2005. Following these complaints, officers considered breaches of provisions of the Environmental Protection Act 1986 had occurred on three occasions and as a result have issued two warnings and an Environmental Field Notice. Mr Vulhop has lodged nine complaints between January 2002 and September 2005. Two of these investigations are ongoing, but no enforcement action has been taken in response to the other complaints as insufficient evidence was available to establish a prima facie case. However, it is important to note that prior to early 2003 the Department of Environment did not have satisfactory enforcement policies and procedures including the recording of complaints and breaches of the Environmental Protection Act 1986 . The Minister for the Environment has directed the Department of Environment to implement the 33 recommendations from the Robinson Review, released in February 2003. One of the most significant outcomes was the formation of the Environmental Enforcement Unit in July 2003. Since that time the Department has established a more comprehensive investigative and record keeping process. (6) Not applicable. (7) The Department of Environment is committed to the use of investigations into potential breaches and depending on the outcome of the investigation, enforcement action to achieve compliance in a defined and measured manner in line with the objectives of the legislation being enforced, and its enforcement policy. Information on the Department's Enforcement and Prosecution Policy is publicly available on the Department's website at www.environment.wa.gov.au. (8) Not applicable. (9) The officers of the Department of Environmental Protection at the time considered that the number of complaints against KCGM regarding noise had increased. The letter of 27 October 2000 sought information from KCGM on what measures were being undertaken to minimise noise and ensure compliance with the Environmental Protection Act 1986 . (10) Not applicable. (11) A total of 57 complaints have been received between January 2002 and September 2005. (12) Not applicable.
(1) Yes. (2) Not applicable. (3) The officers of the Department of Environmental Protection at the time considered that KCGM may not be taking all practicable means to minimise dust causing a nuisance or unreasonable emission. The letter of 27 October 2000 sought information from KCGM on what measures had been employed to minimise dust over town to ensure compliance with the Environmental Protection Act 1986 . (4) Not applicable. (5) Mr Right has lodged 20 complaints between January 2002 and September 2005. Following these complaints, officers considered breaches of provisions of the Environmental Protection Act 1986 had occurred on three occasions and as a result have issued two warnings and an Environmental Field Notice. Mr Vulhop has lodged nine complaints between January 2002 and September 2005. Two of these investigations are ongoing, but no enforcement action has been taken in response to the other complaints as insufficient evidence was available to establish a prima facie case. However, it is important to note that prior to early 2003 the Department of Environment did not have satisfactory enforcement policies and procedures including the recording of complaints and breaches of the Environmental Protection Act 1986 . The Minister for the Environment has directed the Department of Environment to implement the 33 recommendations from the Robinson Review, released in February 2003. One of the most significant outcomes was the formation of the Environmental Enforcement Unit in July 2003. Since that time the Department has established a more comprehensive investigative and record keeping process. (6) Not applicable. (7) The Department of Environment is committed to the use of investigations into potential breaches and depending on the outcome of the investigation, enforcement action to achieve compliance in a defined and measured manner in line with the objectives of the legislation being enforced, and its enforcement policy. Information on the Department's Enforcement and Prosecution Policy is publicly available on the Department's website at www.environment.wa.gov.au. (8) Not applicable. (9) The officers of the Department of Environmental Protection at the time considered that the number of complaints against KCGM regarding noise had increased. The letter of 27 October 2000 sought information from KCGM on what measures were being undertaken to minimise noise and ensure compliance with the Environmental Protection Act 1986 . (10) Not applicable. (11) A total of 57 complaints have been received between January 2002 and September 2005. (12) Not applicable.
(2) Not applicable. (3) The officers of the Department of Environmental Protection at the time considered that KCGM may not be taking all practicable means to minimise dust causing a nuisance or unreasonable emission. The letter of 27 October 2000 sought information from KCGM on what measures had been employed to minimise dust over town to ensure compliance with the Environmental Protection Act 1986 . (4) Not applicable. (5) Mr Right has lodged 20 complaints between January 2002 and September 2005. Following these complaints, officers considered breaches of provisions of the Environmental Protection Act 1986 had occurred on three occasions and as a result have issued two warnings and an Environmental Field Notice. Mr Vulhop has lodged nine complaints between January 2002 and September 2005. Two of these investigations are ongoing, but no enforcement action has been taken in response to the other complaints as insufficient evidence was available to establish a prima facie case. However, it is important to note that prior to early 2003 the Department of Environment did not have satisfactory enforcement policies and procedures including the recording of complaints and breaches of the Environmental Protection Act 1986 . The Minister for the Environment has directed the Department of Environment to implement the 33 recommendations from the Robinson Review, released in February 2003. One of the most significant outcomes was the formation of the Environmental Enforcement Unit in July 2003. Since that time the Department has established a more comprehensive investigative and record keeping process. (6) Not applicable. (7) The Department of Environment is committed to the use of investigations into potential breaches and depending on the outcome of the investigation, enforcement action to achieve compliance in a defined and measured manner in line with the objectives of the legislation being enforced, and its enforcement policy. Information on the Department's Enforcement and Prosecution Policy is publicly available on the Department's website at www.environment.wa.gov.au. (8) Not applicable. (9) The officers of the Department of Environmental Protection at the time considered that the number of complaints against KCGM regarding noise had increased. The letter of 27 October 2000 sought information from KCGM on what measures were being undertaken to minimise noise and ensure compliance with the Environmental Protection Act 1986 . (10) Not applicable. (11) A total of 57 complaints have been received between January 2002 and September 2005. (12) Not applicable.
(3) The officers of the Department of Environmental Protection at the time considered that KCGM may not be taking all practicable means to minimise dust causing a nuisance or unreasonable emission. The letter of 27 October 2000 sought information from KCGM on what measures had been employed to minimise dust over town to ensure compliance with the Environmental Protection Act 1986 . (4) Not applicable. (5) Mr Right has lodged 20 complaints between January 2002 and September 2005. Following these complaints, officers considered breaches of provisions of the Environmental Protection Act 1986 had occurred on three occasions and as a result have issued two warnings and an Environmental Field Notice. Mr Vulhop has lodged nine complaints between January 2002 and September 2005. Two of these investigations are ongoing, but no enforcement action has been taken in response to the other complaints as insufficient evidence was available to establish a prima facie case. However, it is important to note that prior to early 2003 the Department of Environment did not have satisfactory enforcement policies and procedures including the recording of complaints and breaches of the Environmental Protection Act 1986 . The Minister for the Environment has directed the Department of Environment to implement the 33 recommendations from the Robinson Review, released in February 2003. One of the most significant outcomes was the formation of the Environmental Enforcement Unit in July 2003. Since that time the Department has established a more comprehensive investigative and record keeping process. (6) Not applicable. (7) The Department of Environment is committed to the use of investigations into potential breaches and depending on the outcome of the investigation, enforcement action to achieve compliance in a defined and measured manner in line with the objectives of the legislation being enforced, and its enforcement policy. Information on the Department's Enforcement and Prosecution Policy is publicly available on the Department's website at www.environment.wa.gov.au. (8) Not applicable. (9) The officers of the Department of Environmental Protection at the time considered that the number of complaints against KCGM regarding noise had increased. The letter of 27 October 2000 sought information from KCGM on what measures were being undertaken to minimise noise and ensure compliance with the Environmental Protection Act 1986 . (10) Not applicable. (11) A total of 57 complaints have been received between January 2002 and September 2005. (12) Not applicable.
(4) Not applicable. (5) Mr Right has lodged 20 complaints between January 2002 and September 2005. Following these complaints, officers considered breaches of provisions of the Environmental Protection Act 1986 had occurred on three occasions and as a result have issued two warnings and an Environmental Field Notice. Mr Vulhop has lodged nine complaints between January 2002 and September 2005. Two of these investigations are ongoing, but no enforcement action has been taken in response to the other complaints as insufficient evidence was available to establish a prima facie case. However, it is important to note that prior to early 2003 the Department of Environment did not have satisfactory enforcement policies and procedures including the recording of complaints and breaches of the Environmental Protection Act 1986 . The Minister for the Environment has directed the Department of Environment to implement the 33 recommendations from the Robinson Review, released in February 2003. One of the most significant outcomes was the formation of the Environmental Enforcement Unit in July 2003. Since that time the Department has established a more comprehensive investigative and record keeping process. (6) Not applicable. (7) The Department of Environment is committed to the use of investigations into potential breaches and depending on the outcome of the investigation, enforcement action to achieve compliance in a defined and measured manner in line with the objectives of the legislation being enforced, and its enforcement policy. Information on the Department's Enforcement and Prosecution Policy is publicly available on the Department's website at www.environment.wa.gov.au. (8) Not applicable. (9) The officers of the Department of Environmental Protection at the time considered that the number of complaints against KCGM regarding noise had increased. The letter of 27 October 2000 sought information from KCGM on what measures were being undertaken to minimise noise and ensure compliance with the Environmental Protection Act 1986 . (10) Not applicable. (11) A total of 57 complaints have been received between January 2002 and September 2005. (12) Not applicable.
(5) Mr Right has lodged 20 complaints between January 2002 and September 2005. Following these complaints, officers considered breaches of provisions of the Environmental Protection Act 1986 had occurred on three occasions and as a result have issued two warnings and an Environmental Field Notice. Mr Vulhop has lodged nine complaints between January 2002 and September 2005. Two of these investigations are ongoing, but no enforcement action has been taken in response to the other complaints as insufficient evidence was available to establish a prima facie case. However, it is important to note that prior to early 2003 the Department of Environment did not have satisfactory enforcement policies and procedures including the recording of complaints and breaches of the Environmental Protection Act 1986 . The Minister for the Environment has directed the Department of Environment to implement the 33 recommendations from the Robinson Review, released in February 2003. One of the most significant outcomes was the formation of the Environmental Enforcement Unit in July 2003. Since that time the Department has established a more comprehensive investigative and record keeping process. (6) Not applicable. (7) The Department of Environment is committed to the use of investigations into potential breaches and depending on the outcome of the investigation, enforcement action to achieve compliance in a defined and measured manner in line with the objectives of the legislation being enforced, and its enforcement policy. Information on the Department's Enforcement and Prosecution Policy is publicly available on the Department's website at www.environment.wa.gov.au. (8) Not applicable. (9) The officers of the Department of Environmental Protection at the time considered that the number of complaints against KCGM regarding noise had increased. The letter of 27 October 2000 sought information from KCGM on what measures were being undertaken to minimise noise and ensure compliance with the Environmental Protection Act 1986 . (10) Not applicable. (11) A total of 57 complaints have been received between January 2002 and September 2005. (12) Not applicable.
Mr Vulhop has lodged nine complaints between January 2002 and September 2005. Two of these investigations are ongoing, but no enforcement action has been taken in response to the other complaints as insufficient evidence was available to establish a prima facie case. However, it is important to note that prior to early 2003 the Department of Environment did not have satisfactory enforcement policies and procedures including the recording of complaints and breaches of the Environmental Protection Act 1986 . The Minister for the Environment has directed the Department of Environment to implement the 33 recommendations from the Robinson Review, released in February 2003. One of the most significant outcomes was the formation of the Environmental Enforcement Unit in July 2003. Since that time the Department has established a more comprehensive investigative and record keeping process. (6) Not applicable. (7) The Department of Environment is committed to the use of investigations into potential breaches and depending on the outcome of the investigation, enforcement action to achieve compliance in a defined and measured manner in line with the objectives of the legislation being enforced, and its enforcement policy. Information on the Department's Enforcement and Prosecution Policy is publicly available on the Department's website at www.environment.wa.gov.au. (8) Not applicable. (9) The officers of the Department of Environmental Protection at the time considered that the number of complaints against KCGM regarding noise had increased. The letter of 27 October 2000 sought information from KCGM on what measures were being undertaken to minimise noise and ensure compliance with the Environmental Protection Act 1986 . (10) Not applicable. (11) A total of 57 complaints have been received between January 2002 and September 2005. (12) Not applicable.
(6) Not applicable. (7) The Department of Environment is committed to the use of investigations into potential breaches and depending on the outcome of the investigation, enforcement action to achieve compliance in a defined and measured manner in line with the objectives of the legislation being enforced, and its enforcement policy. Information on the Department's Enforcement and Prosecution Policy is publicly available on the Department's website at www.environment.wa.gov.au. (8) Not applicable. (9) The officers of the Department of Environmental Protection at the time considered that the number of complaints against KCGM regarding noise had increased. The letter of 27 October 2000 sought information from KCGM on what measures were being undertaken to minimise noise and ensure compliance with the Environmental Protection Act 1986 . (10) Not applicable. (11) A total of 57 complaints have been received between January 2002 and September 2005. (12) Not applicable.
(7) The Department of Environment is committed to the use of investigations into potential breaches and depending on the outcome of the investigation, enforcement action to achieve compliance in a defined and measured manner in line with the objectives of the legislation being enforced, and its enforcement policy. Information on the Department's Enforcement and Prosecution Policy is publicly available on the Department's website at www.environment.wa.gov.au. (8) Not applicable. (9) The officers of the Department of Environmental Protection at the time considered that the number of complaints against KCGM regarding noise had increased. The letter of 27 October 2000 sought information from KCGM on what measures were being undertaken to minimise noise and ensure compliance with the Environmental Protection Act 1986 . (10) Not applicable. (11) A total of 57 complaints have been received between January 2002 and September 2005. (12) Not applicable.
(8) Not applicable. (9) The officers of the Department of Environmental Protection at the time considered that the number of complaints against KCGM regarding noise had increased. The letter of 27 October 2000 sought information from KCGM on what measures were being undertaken to minimise noise and ensure compliance with the Environmental Protection Act 1986 . (10) Not applicable. (11) A total of 57 complaints have been received between January 2002 and September 2005. (12) Not applicable.
(9) The officers of the Department of Environmental Protection at the time considered that the number of complaints against KCGM regarding noise had increased. The letter of 27 October 2000 sought information from KCGM on what measures were being undertaken to minimise noise and ensure compliance with the Environmental Protection Act 1986 . (10) Not applicable. (11) A total of 57 complaints have been received between January 2002 and September 2005. (12) Not applicable.
(10) Not applicable. (11) A total of 57 complaints have been received between January 2002 and September 2005. (12) Not applicable.
(11) A total of 57 complaints have been received between January 2002 and September 2005. (12) Not applicable.
(12) Not applicable.

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