❓ A WA parliamentary question probes the Department of Environment's responsibility regarding hypersaline water emissions from a mining operation and their impact on amenity, comfort, and convenience under the Environmental Protection Act 1986. The Minister's response outlines the Department's obligations and interpretations.
AnsweredQoN 2610Legislative Council
QuestionView source ↗
I refer to a letter dated August 29 2005 signed by the Acting Director General, Department of Environment addressed to Mr L Mills, a letter dated August 11 2005 from Mr L Mills addressed to the Chief Executive Officer, Department of Environment -
(1) Does the DoE have an obligation to prevent and minimise the likelihood of a unreasonable emission under section 49 of the
Environmental Protection Act 1986
being caused through hypersaline water containing saline, alkaline or cyanide constituents being allowed to enter any part of the environment on Prospecting Licence 26/3126, which unreasonably interferes with the welfare, convenience, comfort or amenity of any person?
(2) If no to (1), why not?
(3) If yes to (1), can the Minister explain why?
(4) Can the Minister clearly define and explain what amenity means under section 49 of the
Environmental Protection Act 1986
?
(5) If no to (3), why not?
(6) Can the Minister define and explain what comfort means under section 49 of the
Environmental Protection Act 1986
?
(7) If no to (5), why not?
(8) Can the Minister define and explain what convenience means under section 49 of the
Environmental Protection Act 1986
?
(9) If no to (7), why not?
(10) Can the Minister explain why emissions of hypersaline water containing saline, alkaline, cyanide constituents along with heavy metals and toxic contaminants entering any part of the environment within the confines of Prospecting licence 26/3126 from the Fimiston I tailings dam premises M26/383, does not unreasonably interfere with the welfare, convenience, comfort or amenity of any person who interacts with any part of the environment located on Prospecting Licence 26/3126?
(11) If no to (10), why not?
(1) Does the DoE have an obligation to prevent and minimise the likelihood of a unreasonable emission under section 49 of the
Environmental Protection Act 1986
being caused through hypersaline water containing saline, alkaline or cyanide constituents being allowed to enter any part of the environment on Prospecting Licence 26/3126, which unreasonably interferes with the welfare, convenience, comfort or amenity of any person?
(2) If no to (1), why not?
(3) If yes to (1), can the Minister explain why?
(4) Can the Minister clearly define and explain what amenity means under section 49 of the
Environmental Protection Act 1986
?
(5) If no to (3), why not?
(6) Can the Minister define and explain what comfort means under section 49 of the
Environmental Protection Act 1986
?
(7) If no to (5), why not?
(8) Can the Minister define and explain what convenience means under section 49 of the
Environmental Protection Act 1986
?
(9) If no to (7), why not?
(10) Can the Minister explain why emissions of hypersaline water containing saline, alkaline, cyanide constituents along with heavy metals and toxic contaminants entering any part of the environment within the confines of Prospecting licence 26/3126 from the Fimiston I tailings dam premises M26/383, does not unreasonably interfere with the welfare, convenience, comfort or amenity of any person who interacts with any part of the environment located on Prospecting Licence 26/3126?
(11) If no to (10), 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) The Department of Environment certainly has an obligation to issue licences that minimise the likelihood of pollution occurring. The option of completely preventing seepage from crossing the premise boundary is not considered practical in this situation. The Department of Environment does not consider that seepage crossing a boundary necessarily constitutes pollution or environmental harm. Material environmental harm or pollution occurs where there is some non-trivial degradation or potential degradation of the environment. (2) Not applicable. (3) Not applicable. (4) Enforcement action in regards to this term would need to be considered on a case-by-case basis. It is worth noting that the terms 'amenity', 'comfort' and 'convenience' are parts, but not all, of the legal proofs required to establish 'unreasonable emission as per Section 49 of the Environmental Protection Act 1986 '. Suffice to say the term 'amenity' would be taken in its ordinary sense because the term is not defined in the Environmental Protection Act 1986 . When a definition is not contained within an Act, then a definition can be sought from a recognised legal dictionary such as Butterworth if not found within there then the Oxford dictionary. The Butterworth's Australian legal dictionary defines 'amenity' as follows: The features and advantages of a locality or neighbourhood which is considered desirable to preserve or encourage such as beauty or tranquillity. The concept of amenity has been interpreted as embracing wide and flexible notions of the residents subjective perception of locality. Amenity is commonly one of the matters to which planning authorities must give consideration when determining a development application. (5) Not applicable. (6) Enforcement action in regards to this term would need to be considered on a case-by-case basis. It is worth noting that the terms 'amenity', 'comfort' and 'convenience' are parts, but not all, of the legal proofs required to establish 'unreasonable emission as per Section 49 of the Environmental Protection Act 1986 '. Suffice to say the term 'comfort' would be taken in its ordinary sense because the term is not defined in the Environmental Protection Act 1986 . When a definition is not contained within an Act, then a definition can be sought from a recognised legal dictionary such as Butterworths if not found within there then the Oxford dictionary. There is no definition of 'comfort' or 'convenience' within the Butterworth. The Oxford dictionary defines 'comfort' as: A state of physical well being, things that make life easy or pleasant or a state of well being , living in comfort, make comfortable (7) Not applicable. (8) As per questions (4) & (6). The Oxford dictionary defines 'convenience' as: Freedom from difficulty or trouble (9) Not applicable. (10) It is the Department of Environment's consideration that the seepage from KCGM's Fimiston operations are not causing pollution or environmental harm (material or serious) as the emissions do not adversely effect the defined beneficial use of the naturally occurring saline and hyper-saline groundwater. The groundwater levels are below a level that may impact flora and fauna and the public will not come into contact with the hyper-saline water, as when it leaves KCGM premises it is approximately 4m below ground level. A Seepage and Groundwater Management Plan is to be implemented by KCGM and the plan maps out KCGM's process to ensure that groundwater levels are maintained below 4m. (11) Not applicable.
(1) The Department of Environment certainly has an obligation to issue licences that minimise the likelihood of pollution occurring. The option of completely preventing seepage from crossing the premise boundary is not considered practical in this situation. The Department of Environment does not consider that seepage crossing a boundary necessarily constitutes pollution or environmental harm. Material environmental harm or pollution occurs where there is some non-trivial degradation or potential degradation of the environment. (2) Not applicable. (3) Not applicable. (4) Enforcement action in regards to this term would need to be considered on a case-by-case basis. It is worth noting that the terms 'amenity', 'comfort' and 'convenience' are parts, but not all, of the legal proofs required to establish 'unreasonable emission as per Section 49 of the Environmental Protection Act 1986 '. Suffice to say the term 'amenity' would be taken in its ordinary sense because the term is not defined in the Environmental Protection Act 1986 . When a definition is not contained within an Act, then a definition can be sought from a recognised legal dictionary such as Butterworth if not found within there then the Oxford dictionary. The Butterworth's Australian legal dictionary defines 'amenity' as follows: The features and advantages of a locality or neighbourhood which is considered desirable to preserve or encourage such as beauty or tranquillity. The concept of amenity has been interpreted as embracing wide and flexible notions of the residents subjective perception of locality. Amenity is commonly one of the matters to which planning authorities must give consideration when determining a development application. (5) Not applicable. (6) Enforcement action in regards to this term would need to be considered on a case-by-case basis. It is worth noting that the terms 'amenity', 'comfort' and 'convenience' are parts, but not all, of the legal proofs required to establish 'unreasonable emission as per Section 49 of the Environmental Protection Act 1986 '. Suffice to say the term 'comfort' would be taken in its ordinary sense because the term is not defined in the Environmental Protection Act 1986 . When a definition is not contained within an Act, then a definition can be sought from a recognised legal dictionary such as Butterworths if not found within there then the Oxford dictionary. There is no definition of 'comfort' or 'convenience' within the Butterworth. The Oxford dictionary defines 'comfort' as: A state of physical well being, things that make life easy or pleasant or a state of well being , living in comfort, make comfortable (7) Not applicable. (8) As per questions (4) & (6). The Oxford dictionary defines 'convenience' as: Freedom from difficulty or trouble (9) Not applicable. (10) It is the Department of Environment's consideration that the seepage from KCGM's Fimiston operations are not causing pollution or environmental harm (material or serious) as the emissions do not adversely effect the defined beneficial use of the naturally occurring saline and hyper-saline groundwater. The groundwater levels are below a level that may impact flora and fauna and the public will not come into contact with the hyper-saline water, as when it leaves KCGM premises it is approximately 4m below ground level. A Seepage and Groundwater Management Plan is to be implemented by KCGM and the plan maps out KCGM's process to ensure that groundwater levels are maintained below 4m. (11) Not applicable.
(2) Not applicable. (3) Not applicable. (4) Enforcement action in regards to this term would need to be considered on a case-by-case basis. It is worth noting that the terms 'amenity', 'comfort' and 'convenience' are parts, but not all, of the legal proofs required to establish 'unreasonable emission as per Section 49 of the Environmental Protection Act 1986 '. Suffice to say the term 'amenity' would be taken in its ordinary sense because the term is not defined in the Environmental Protection Act 1986 . When a definition is not contained within an Act, then a definition can be sought from a recognised legal dictionary such as Butterworth if not found within there then the Oxford dictionary. The Butterworth's Australian legal dictionary defines 'amenity' as follows: The features and advantages of a locality or neighbourhood which is considered desirable to preserve or encourage such as beauty or tranquillity. The concept of amenity has been interpreted as embracing wide and flexible notions of the residents subjective perception of locality. Amenity is commonly one of the matters to which planning authorities must give consideration when determining a development application. (5) Not applicable. (6) Enforcement action in regards to this term would need to be considered on a case-by-case basis. It is worth noting that the terms 'amenity', 'comfort' and 'convenience' are parts, but not all, of the legal proofs required to establish 'unreasonable emission as per Section 49 of the Environmental Protection Act 1986 '. Suffice to say the term 'comfort' would be taken in its ordinary sense because the term is not defined in the Environmental Protection Act 1986 . When a definition is not contained within an Act, then a definition can be sought from a recognised legal dictionary such as Butterworths if not found within there then the Oxford dictionary. There is no definition of 'comfort' or 'convenience' within the Butterworth. The Oxford dictionary defines 'comfort' as: A state of physical well being, things that make life easy or pleasant or a state of well being , living in comfort, make comfortable (7) Not applicable. (8) As per questions (4) & (6). The Oxford dictionary defines 'convenience' as: Freedom from difficulty or trouble (9) Not applicable. (10) It is the Department of Environment's consideration that the seepage from KCGM's Fimiston operations are not causing pollution or environmental harm (material or serious) as the emissions do not adversely effect the defined beneficial use of the naturally occurring saline and hyper-saline groundwater. The groundwater levels are below a level that may impact flora and fauna and the public will not come into contact with the hyper-saline water, as when it leaves KCGM premises it is approximately 4m below ground level. A Seepage and Groundwater Management Plan is to be implemented by KCGM and the plan maps out KCGM's process to ensure that groundwater levels are maintained below 4m. (11) Not applicable.
(3) Not applicable. (4) Enforcement action in regards to this term would need to be considered on a case-by-case basis. It is worth noting that the terms 'amenity', 'comfort' and 'convenience' are parts, but not all, of the legal proofs required to establish 'unreasonable emission as per Section 49 of the Environmental Protection Act 1986 '. Suffice to say the term 'amenity' would be taken in its ordinary sense because the term is not defined in the Environmental Protection Act 1986 . When a definition is not contained within an Act, then a definition can be sought from a recognised legal dictionary such as Butterworth if not found within there then the Oxford dictionary. The Butterworth's Australian legal dictionary defines 'amenity' as follows: The features and advantages of a locality or neighbourhood which is considered desirable to preserve or encourage such as beauty or tranquillity. The concept of amenity has been interpreted as embracing wide and flexible notions of the residents subjective perception of locality. Amenity is commonly one of the matters to which planning authorities must give consideration when determining a development application. (5) Not applicable. (6) Enforcement action in regards to this term would need to be considered on a case-by-case basis. It is worth noting that the terms 'amenity', 'comfort' and 'convenience' are parts, but not all, of the legal proofs required to establish 'unreasonable emission as per Section 49 of the Environmental Protection Act 1986 '. Suffice to say the term 'comfort' would be taken in its ordinary sense because the term is not defined in the Environmental Protection Act 1986 . When a definition is not contained within an Act, then a definition can be sought from a recognised legal dictionary such as Butterworths if not found within there then the Oxford dictionary. There is no definition of 'comfort' or 'convenience' within the Butterworth. The Oxford dictionary defines 'comfort' as: A state of physical well being, things that make life easy or pleasant or a state of well being , living in comfort, make comfortable (7) Not applicable. (8) As per questions (4) & (6). The Oxford dictionary defines 'convenience' as: Freedom from difficulty or trouble (9) Not applicable. (10) It is the Department of Environment's consideration that the seepage from KCGM's Fimiston operations are not causing pollution or environmental harm (material or serious) as the emissions do not adversely effect the defined beneficial use of the naturally occurring saline and hyper-saline groundwater. The groundwater levels are below a level that may impact flora and fauna and the public will not come into contact with the hyper-saline water, as when it leaves KCGM premises it is approximately 4m below ground level. A Seepage and Groundwater Management Plan is to be implemented by KCGM and the plan maps out KCGM's process to ensure that groundwater levels are maintained below 4m. (11) Not applicable.
(4) Enforcement action in regards to this term would need to be considered on a case-by-case basis. It is worth noting that the terms 'amenity', 'comfort' and 'convenience' are parts, but not all, of the legal proofs required to establish 'unreasonable emission as per Section 49 of the Environmental Protection Act 1986 '. Suffice to say the term 'amenity' would be taken in its ordinary sense because the term is not defined in the Environmental Protection Act 1986 . When a definition is not contained within an Act, then a definition can be sought from a recognised legal dictionary such as Butterworth if not found within there then the Oxford dictionary. The Butterworth's Australian legal dictionary defines 'amenity' as follows: The features and advantages of a locality or neighbourhood which is considered desirable to preserve or encourage such as beauty or tranquillity. The concept of amenity has been interpreted as embracing wide and flexible notions of the residents subjective perception of locality. Amenity is commonly one of the matters to which planning authorities must give consideration when determining a development application. (5) Not applicable. (6) Enforcement action in regards to this term would need to be considered on a case-by-case basis. It is worth noting that the terms 'amenity', 'comfort' and 'convenience' are parts, but not all, of the legal proofs required to establish 'unreasonable emission as per Section 49 of the Environmental Protection Act 1986 '. Suffice to say the term 'comfort' would be taken in its ordinary sense because the term is not defined in the Environmental Protection Act 1986 . When a definition is not contained within an Act, then a definition can be sought from a recognised legal dictionary such as Butterworths if not found within there then the Oxford dictionary. There is no definition of 'comfort' or 'convenience' within the Butterworth. The Oxford dictionary defines 'comfort' as: A state of physical well being, things that make life easy or pleasant or a state of well being , living in comfort, make comfortable (7) Not applicable. (8) As per questions (4) & (6). The Oxford dictionary defines 'convenience' as: Freedom from difficulty or trouble (9) Not applicable. (10) It is the Department of Environment's consideration that the seepage from KCGM's Fimiston operations are not causing pollution or environmental harm (material or serious) as the emissions do not adversely effect the defined beneficial use of the naturally occurring saline and hyper-saline groundwater. The groundwater levels are below a level that may impact flora and fauna and the public will not come into contact with the hyper-saline water, as when it leaves KCGM premises it is approximately 4m below ground level. A Seepage and Groundwater Management Plan is to be implemented by KCGM and the plan maps out KCGM's process to ensure that groundwater levels are maintained below 4m. (11) Not applicable.
The features and advantages of a locality or neighbourhood which is considered desirable to preserve or encourage such as beauty or tranquillity. The concept of amenity has been interpreted as embracing wide and flexible notions of the residents subjective perception of locality. Amenity is commonly one of the matters to which planning authorities must give consideration when determining a development application. (5) Not applicable. (6) Enforcement action in regards to this term would need to be considered on a case-by-case basis. It is worth noting that the terms 'amenity', 'comfort' and 'convenience' are parts, but not all, of the legal proofs required to establish 'unreasonable emission as per Section 49 of the Environmental Protection Act 1986 '. Suffice to say the term 'comfort' would be taken in its ordinary sense because the term is not defined in the Environmental Protection Act 1986 . When a definition is not contained within an Act, then a definition can be sought from a recognised legal dictionary such as Butterworths if not found within there then the Oxford dictionary. There is no definition of 'comfort' or 'convenience' within the Butterworth. The Oxford dictionary defines 'comfort' as: A state of physical well being, things that make life easy or pleasant or a state of well being , living in comfort, make comfortable (7) Not applicable. (8) As per questions (4) & (6). The Oxford dictionary defines 'convenience' as: Freedom from difficulty or trouble (9) Not applicable. (10) It is the Department of Environment's consideration that the seepage from KCGM's Fimiston operations are not causing pollution or environmental harm (material or serious) as the emissions do not adversely effect the defined beneficial use of the naturally occurring saline and hyper-saline groundwater. The groundwater levels are below a level that may impact flora and fauna and the public will not come into contact with the hyper-saline water, as when it leaves KCGM premises it is approximately 4m below ground level. A Seepage and Groundwater Management Plan is to be implemented by KCGM and the plan maps out KCGM's process to ensure that groundwater levels are maintained below 4m. (11) Not applicable.
The concept of amenity has been interpreted as embracing wide and flexible notions of the residents subjective perception of locality. Amenity is commonly one of the matters to which planning authorities must give consideration when determining a development application. (5) Not applicable. (6) Enforcement action in regards to this term would need to be considered on a case-by-case basis. It is worth noting that the terms 'amenity', 'comfort' and 'convenience' are parts, but not all, of the legal proofs required to establish 'unreasonable emission as per Section 49 of the Environmental Protection Act 1986 '. Suffice to say the term 'comfort' would be taken in its ordinary sense because the term is not defined in the Environmental Protection Act 1986 . When a definition is not contained within an Act, then a definition can be sought from a recognised legal dictionary such as Butterworths if not found within there then the Oxford dictionary. There is no definition of 'comfort' or 'convenience' within the Butterworth. The Oxford dictionary defines 'comfort' as: A state of physical well being, things that make life easy or pleasant or a state of well being , living in comfort, make comfortable (7) Not applicable. (8) As per questions (4) & (6). The Oxford dictionary defines 'convenience' as: Freedom from difficulty or trouble (9) Not applicable. (10) It is the Department of Environment's consideration that the seepage from KCGM's Fimiston operations are not causing pollution or environmental harm (material or serious) as the emissions do not adversely effect the defined beneficial use of the naturally occurring saline and hyper-saline groundwater. The groundwater levels are below a level that may impact flora and fauna and the public will not come into contact with the hyper-saline water, as when it leaves KCGM premises it is approximately 4m below ground level. A Seepage and Groundwater Management Plan is to be implemented by KCGM and the plan maps out KCGM's process to ensure that groundwater levels are maintained below 4m. (11) Not applicable.
(5) Not applicable. (6) Enforcement action in regards to this term would need to be considered on a case-by-case basis. It is worth noting that the terms 'amenity', 'comfort' and 'convenience' are parts, but not all, of the legal proofs required to establish 'unreasonable emission as per Section 49 of the Environmental Protection Act 1986 '. Suffice to say the term 'comfort' would be taken in its ordinary sense because the term is not defined in the Environmental Protection Act 1986 . When a definition is not contained within an Act, then a definition can be sought from a recognised legal dictionary such as Butterworths if not found within there then the Oxford dictionary. There is no definition of 'comfort' or 'convenience' within the Butterworth. The Oxford dictionary defines 'comfort' as: A state of physical well being, things that make life easy or pleasant or a state of well being , living in comfort, make comfortable (7) Not applicable. (8) As per questions (4) & (6). The Oxford dictionary defines 'convenience' as: Freedom from difficulty or trouble (9) Not applicable. (10) It is the Department of Environment's consideration that the seepage from KCGM's Fimiston operations are not causing pollution or environmental harm (material or serious) as the emissions do not adversely effect the defined beneficial use of the naturally occurring saline and hyper-saline groundwater. The groundwater levels are below a level that may impact flora and fauna and the public will not come into contact with the hyper-saline water, as when it leaves KCGM premises it is approximately 4m below ground level. A Seepage and Groundwater Management Plan is to be implemented by KCGM and the plan maps out KCGM's process to ensure that groundwater levels are maintained below 4m. (11) Not applicable.
(6) Enforcement action in regards to this term would need to be considered on a case-by-case basis. It is worth noting that the terms 'amenity', 'comfort' and 'convenience' are parts, but not all, of the legal proofs required to establish 'unreasonable emission as per Section 49 of the Environmental Protection Act 1986 '. Suffice to say the term 'comfort' would be taken in its ordinary sense because the term is not defined in the Environmental Protection Act 1986 . When a definition is not contained within an Act, then a definition can be sought from a recognised legal dictionary such as Butterworths if not found within there then the Oxford dictionary. There is no definition of 'comfort' or 'convenience' within the Butterworth. The Oxford dictionary defines 'comfort' as: A state of physical well being, things that make life easy or pleasant or a state of well being , living in comfort, make comfortable (7) Not applicable. (8) As per questions (4) & (6). The Oxford dictionary defines 'convenience' as: Freedom from difficulty or trouble (9) Not applicable. (10) It is the Department of Environment's consideration that the seepage from KCGM's Fimiston operations are not causing pollution or environmental harm (material or serious) as the emissions do not adversely effect the defined beneficial use of the naturally occurring saline and hyper-saline groundwater. The groundwater levels are below a level that may impact flora and fauna and the public will not come into contact with the hyper-saline water, as when it leaves KCGM premises it is approximately 4m below ground level. A Seepage and Groundwater Management Plan is to be implemented by KCGM and the plan maps out KCGM's process to ensure that groundwater levels are maintained below 4m. (11) Not applicable.
A state of physical well being, things that make life easy or pleasant or a state of well being , living in comfort, make comfortable (7) Not applicable. (8) As per questions (4) & (6). The Oxford dictionary defines 'convenience' as: Freedom from difficulty or trouble (9) Not applicable. (10) It is the Department of Environment's consideration that the seepage from KCGM's Fimiston operations are not causing pollution or environmental harm (material or serious) as the emissions do not adversely effect the defined beneficial use of the naturally occurring saline and hyper-saline groundwater. The groundwater levels are below a level that may impact flora and fauna and the public will not come into contact with the hyper-saline water, as when it leaves KCGM premises it is approximately 4m below ground level. A Seepage and Groundwater Management Plan is to be implemented by KCGM and the plan maps out KCGM's process to ensure that groundwater levels are maintained below 4m. (11) Not applicable.
(7) Not applicable. (8) As per questions (4) & (6). The Oxford dictionary defines 'convenience' as: Freedom from difficulty or trouble (9) Not applicable. (10) It is the Department of Environment's consideration that the seepage from KCGM's Fimiston operations are not causing pollution or environmental harm (material or serious) as the emissions do not adversely effect the defined beneficial use of the naturally occurring saline and hyper-saline groundwater. The groundwater levels are below a level that may impact flora and fauna and the public will not come into contact with the hyper-saline water, as when it leaves KCGM premises it is approximately 4m below ground level. A Seepage and Groundwater Management Plan is to be implemented by KCGM and the plan maps out KCGM's process to ensure that groundwater levels are maintained below 4m. (11) Not applicable.
(8) As per questions (4) & (6). The Oxford dictionary defines 'convenience' as: Freedom from difficulty or trouble (9) Not applicable. (10) It is the Department of Environment's consideration that the seepage from KCGM's Fimiston operations are not causing pollution or environmental harm (material or serious) as the emissions do not adversely effect the defined beneficial use of the naturally occurring saline and hyper-saline groundwater. The groundwater levels are below a level that may impact flora and fauna and the public will not come into contact with the hyper-saline water, as when it leaves KCGM premises it is approximately 4m below ground level. A Seepage and Groundwater Management Plan is to be implemented by KCGM and the plan maps out KCGM's process to ensure that groundwater levels are maintained below 4m. (11) Not applicable.
Freedom from difficulty or trouble (9) Not applicable. (10) It is the Department of Environment's consideration that the seepage from KCGM's Fimiston operations are not causing pollution or environmental harm (material or serious) as the emissions do not adversely effect the defined beneficial use of the naturally occurring saline and hyper-saline groundwater. The groundwater levels are below a level that may impact flora and fauna and the public will not come into contact with the hyper-saline water, as when it leaves KCGM premises it is approximately 4m below ground level. A Seepage and Groundwater Management Plan is to be implemented by KCGM and the plan maps out KCGM's process to ensure that groundwater levels are maintained below 4m. (11) Not applicable.
(9) Not applicable. (10) It is the Department of Environment's consideration that the seepage from KCGM's Fimiston operations are not causing pollution or environmental harm (material or serious) as the emissions do not adversely effect the defined beneficial use of the naturally occurring saline and hyper-saline groundwater. The groundwater levels are below a level that may impact flora and fauna and the public will not come into contact with the hyper-saline water, as when it leaves KCGM premises it is approximately 4m below ground level. A Seepage and Groundwater Management Plan is to be implemented by KCGM and the plan maps out KCGM's process to ensure that groundwater levels are maintained below 4m. (11) Not applicable.
(10) It is the Department of Environment's consideration that the seepage from KCGM's Fimiston operations are not causing pollution or environmental harm (material or serious) as the emissions do not adversely effect the defined beneficial use of the naturally occurring saline and hyper-saline groundwater. The groundwater levels are below a level that may impact flora and fauna and the public will not come into contact with the hyper-saline water, as when it leaves KCGM premises it is approximately 4m below ground level. A Seepage and Groundwater Management Plan is to be implemented by KCGM and the plan maps out KCGM's process to ensure that groundwater levels are maintained below 4m. (11) Not applicable.
(11) Not applicable.
(1) The Department of Environment certainly has an obligation to issue licences that minimise the likelihood of pollution occurring. The option of completely preventing seepage from crossing the premise boundary is not considered practical in this situation. The Department of Environment does not consider that seepage crossing a boundary necessarily constitutes pollution or environmental harm. Material environmental harm or pollution occurs where there is some non-trivial degradation or potential degradation of the environment. (2) Not applicable. (3) Not applicable. (4) Enforcement action in regards to this term would need to be considered on a case-by-case basis. It is worth noting that the terms 'amenity', 'comfort' and 'convenience' are parts, but not all, of the legal proofs required to establish 'unreasonable emission as per Section 49 of the Environmental Protection Act 1986 '. Suffice to say the term 'amenity' would be taken in its ordinary sense because the term is not defined in the Environmental Protection Act 1986 . When a definition is not contained within an Act, then a definition can be sought from a recognised legal dictionary such as Butterworth if not found within there then the Oxford dictionary. The Butterworth's Australian legal dictionary defines 'amenity' as follows: The features and advantages of a locality or neighbourhood which is considered desirable to preserve or encourage such as beauty or tranquillity. The concept of amenity has been interpreted as embracing wide and flexible notions of the residents subjective perception of locality. Amenity is commonly one of the matters to which planning authorities must give consideration when determining a development application. (5) Not applicable. (6) Enforcement action in regards to this term would need to be considered on a case-by-case basis. It is worth noting that the terms 'amenity', 'comfort' and 'convenience' are parts, but not all, of the legal proofs required to establish 'unreasonable emission as per Section 49 of the Environmental Protection Act 1986 '. Suffice to say the term 'comfort' would be taken in its ordinary sense because the term is not defined in the Environmental Protection Act 1986 . When a definition is not contained within an Act, then a definition can be sought from a recognised legal dictionary such as Butterworths if not found within there then the Oxford dictionary. There is no definition of 'comfort' or 'convenience' within the Butterworth. The Oxford dictionary defines 'comfort' as: A state of physical well being, things that make life easy or pleasant or a state of well being , living in comfort, make comfortable (7) Not applicable. (8) As per questions (4) & (6). The Oxford dictionary defines 'convenience' as: Freedom from difficulty or trouble (9) Not applicable. (10) It is the Department of Environment's consideration that the seepage from KCGM's Fimiston operations are not causing pollution or environmental harm (material or serious) as the emissions do not adversely effect the defined beneficial use of the naturally occurring saline and hyper-saline groundwater. The groundwater levels are below a level that may impact flora and fauna and the public will not come into contact with the hyper-saline water, as when it leaves KCGM premises it is approximately 4m below ground level. A Seepage and Groundwater Management Plan is to be implemented by KCGM and the plan maps out KCGM's process to ensure that groundwater levels are maintained below 4m. (11) Not applicable.
(2) Not applicable. (3) Not applicable. (4) Enforcement action in regards to this term would need to be considered on a case-by-case basis. It is worth noting that the terms 'amenity', 'comfort' and 'convenience' are parts, but not all, of the legal proofs required to establish 'unreasonable emission as per Section 49 of the Environmental Protection Act 1986 '. Suffice to say the term 'amenity' would be taken in its ordinary sense because the term is not defined in the Environmental Protection Act 1986 . When a definition is not contained within an Act, then a definition can be sought from a recognised legal dictionary such as Butterworth if not found within there then the Oxford dictionary. The Butterworth's Australian legal dictionary defines 'amenity' as follows: The features and advantages of a locality or neighbourhood which is considered desirable to preserve or encourage such as beauty or tranquillity. The concept of amenity has been interpreted as embracing wide and flexible notions of the residents subjective perception of locality. Amenity is commonly one of the matters to which planning authorities must give consideration when determining a development application. (5) Not applicable. (6) Enforcement action in regards to this term would need to be considered on a case-by-case basis. It is worth noting that the terms 'amenity', 'comfort' and 'convenience' are parts, but not all, of the legal proofs required to establish 'unreasonable emission as per Section 49 of the Environmental Protection Act 1986 '. Suffice to say the term 'comfort' would be taken in its ordinary sense because the term is not defined in the Environmental Protection Act 1986 . When a definition is not contained within an Act, then a definition can be sought from a recognised legal dictionary such as Butterworths if not found within there then the Oxford dictionary. There is no definition of 'comfort' or 'convenience' within the Butterworth. The Oxford dictionary defines 'comfort' as: A state of physical well being, things that make life easy or pleasant or a state of well being , living in comfort, make comfortable (7) Not applicable. (8) As per questions (4) & (6). The Oxford dictionary defines 'convenience' as: Freedom from difficulty or trouble (9) Not applicable. (10) It is the Department of Environment's consideration that the seepage from KCGM's Fimiston operations are not causing pollution or environmental harm (material or serious) as the emissions do not adversely effect the defined beneficial use of the naturally occurring saline and hyper-saline groundwater. The groundwater levels are below a level that may impact flora and fauna and the public will not come into contact with the hyper-saline water, as when it leaves KCGM premises it is approximately 4m below ground level. A Seepage and Groundwater Management Plan is to be implemented by KCGM and the plan maps out KCGM's process to ensure that groundwater levels are maintained below 4m. (11) Not applicable.
(3) Not applicable. (4) Enforcement action in regards to this term would need to be considered on a case-by-case basis. It is worth noting that the terms 'amenity', 'comfort' and 'convenience' are parts, but not all, of the legal proofs required to establish 'unreasonable emission as per Section 49 of the Environmental Protection Act 1986 '. Suffice to say the term 'amenity' would be taken in its ordinary sense because the term is not defined in the Environmental Protection Act 1986 . When a definition is not contained within an Act, then a definition can be sought from a recognised legal dictionary such as Butterworth if not found within there then the Oxford dictionary. The Butterworth's Australian legal dictionary defines 'amenity' as follows: The features and advantages of a locality or neighbourhood which is considered desirable to preserve or encourage such as beauty or tranquillity. The concept of amenity has been interpreted as embracing wide and flexible notions of the residents subjective perception of locality. Amenity is commonly one of the matters to which planning authorities must give consideration when determining a development application. (5) Not applicable. (6) Enforcement action in regards to this term would need to be considered on a case-by-case basis. It is worth noting that the terms 'amenity', 'comfort' and 'convenience' are parts, but not all, of the legal proofs required to establish 'unreasonable emission as per Section 49 of the Environmental Protection Act 1986 '. Suffice to say the term 'comfort' would be taken in its ordinary sense because the term is not defined in the Environmental Protection Act 1986 . When a definition is not contained within an Act, then a definition can be sought from a recognised legal dictionary such as Butterworths if not found within there then the Oxford dictionary. There is no definition of 'comfort' or 'convenience' within the Butterworth. The Oxford dictionary defines 'comfort' as: A state of physical well being, things that make life easy or pleasant or a state of well being , living in comfort, make comfortable (7) Not applicable. (8) As per questions (4) & (6). The Oxford dictionary defines 'convenience' as: Freedom from difficulty or trouble (9) Not applicable. (10) It is the Department of Environment's consideration that the seepage from KCGM's Fimiston operations are not causing pollution or environmental harm (material or serious) as the emissions do not adversely effect the defined beneficial use of the naturally occurring saline and hyper-saline groundwater. The groundwater levels are below a level that may impact flora and fauna and the public will not come into contact with the hyper-saline water, as when it leaves KCGM premises it is approximately 4m below ground level. A Seepage and Groundwater Management Plan is to be implemented by KCGM and the plan maps out KCGM's process to ensure that groundwater levels are maintained below 4m. (11) Not applicable.
(4) Enforcement action in regards to this term would need to be considered on a case-by-case basis. It is worth noting that the terms 'amenity', 'comfort' and 'convenience' are parts, but not all, of the legal proofs required to establish 'unreasonable emission as per Section 49 of the Environmental Protection Act 1986 '. Suffice to say the term 'amenity' would be taken in its ordinary sense because the term is not defined in the Environmental Protection Act 1986 . When a definition is not contained within an Act, then a definition can be sought from a recognised legal dictionary such as Butterworth if not found within there then the Oxford dictionary. The Butterworth's Australian legal dictionary defines 'amenity' as follows: The features and advantages of a locality or neighbourhood which is considered desirable to preserve or encourage such as beauty or tranquillity. The concept of amenity has been interpreted as embracing wide and flexible notions of the residents subjective perception of locality. Amenity is commonly one of the matters to which planning authorities must give consideration when determining a development application. (5) Not applicable. (6) Enforcement action in regards to this term would need to be considered on a case-by-case basis. It is worth noting that the terms 'amenity', 'comfort' and 'convenience' are parts, but not all, of the legal proofs required to establish 'unreasonable emission as per Section 49 of the Environmental Protection Act 1986 '. Suffice to say the term 'comfort' would be taken in its ordinary sense because the term is not defined in the Environmental Protection Act 1986 . When a definition is not contained within an Act, then a definition can be sought from a recognised legal dictionary such as Butterworths if not found within there then the Oxford dictionary. There is no definition of 'comfort' or 'convenience' within the Butterworth. The Oxford dictionary defines 'comfort' as: A state of physical well being, things that make life easy or pleasant or a state of well being , living in comfort, make comfortable (7) Not applicable. (8) As per questions (4) & (6). The Oxford dictionary defines 'convenience' as: Freedom from difficulty or trouble (9) Not applicable. (10) It is the Department of Environment's consideration that the seepage from KCGM's Fimiston operations are not causing pollution or environmental harm (material or serious) as the emissions do not adversely effect the defined beneficial use of the naturally occurring saline and hyper-saline groundwater. The groundwater levels are below a level that may impact flora and fauna and the public will not come into contact with the hyper-saline water, as when it leaves KCGM premises it is approximately 4m below ground level. A Seepage and Groundwater Management Plan is to be implemented by KCGM and the plan maps out KCGM's process to ensure that groundwater levels are maintained below 4m. (11) Not applicable.
The features and advantages of a locality or neighbourhood which is considered desirable to preserve or encourage such as beauty or tranquillity. The concept of amenity has been interpreted as embracing wide and flexible notions of the residents subjective perception of locality. Amenity is commonly one of the matters to which planning authorities must give consideration when determining a development application. (5) Not applicable. (6) Enforcement action in regards to this term would need to be considered on a case-by-case basis. It is worth noting that the terms 'amenity', 'comfort' and 'convenience' are parts, but not all, of the legal proofs required to establish 'unreasonable emission as per Section 49 of the Environmental Protection Act 1986 '. Suffice to say the term 'comfort' would be taken in its ordinary sense because the term is not defined in the Environmental Protection Act 1986 . When a definition is not contained within an Act, then a definition can be sought from a recognised legal dictionary such as Butterworths if not found within there then the Oxford dictionary. There is no definition of 'comfort' or 'convenience' within the Butterworth. The Oxford dictionary defines 'comfort' as: A state of physical well being, things that make life easy or pleasant or a state of well being , living in comfort, make comfortable (7) Not applicable. (8) As per questions (4) & (6). The Oxford dictionary defines 'convenience' as: Freedom from difficulty or trouble (9) Not applicable. (10) It is the Department of Environment's consideration that the seepage from KCGM's Fimiston operations are not causing pollution or environmental harm (material or serious) as the emissions do not adversely effect the defined beneficial use of the naturally occurring saline and hyper-saline groundwater. The groundwater levels are below a level that may impact flora and fauna and the public will not come into contact with the hyper-saline water, as when it leaves KCGM premises it is approximately 4m below ground level. A Seepage and Groundwater Management Plan is to be implemented by KCGM and the plan maps out KCGM's process to ensure that groundwater levels are maintained below 4m. (11) Not applicable.
The concept of amenity has been interpreted as embracing wide and flexible notions of the residents subjective perception of locality. Amenity is commonly one of the matters to which planning authorities must give consideration when determining a development application. (5) Not applicable. (6) Enforcement action in regards to this term would need to be considered on a case-by-case basis. It is worth noting that the terms 'amenity', 'comfort' and 'convenience' are parts, but not all, of the legal proofs required to establish 'unreasonable emission as per Section 49 of the Environmental Protection Act 1986 '. Suffice to say the term 'comfort' would be taken in its ordinary sense because the term is not defined in the Environmental Protection Act 1986 . When a definition is not contained within an Act, then a definition can be sought from a recognised legal dictionary such as Butterworths if not found within there then the Oxford dictionary. There is no definition of 'comfort' or 'convenience' within the Butterworth. The Oxford dictionary defines 'comfort' as: A state of physical well being, things that make life easy or pleasant or a state of well being , living in comfort, make comfortable (7) Not applicable. (8) As per questions (4) & (6). The Oxford dictionary defines 'convenience' as: Freedom from difficulty or trouble (9) Not applicable. (10) It is the Department of Environment's consideration that the seepage from KCGM's Fimiston operations are not causing pollution or environmental harm (material or serious) as the emissions do not adversely effect the defined beneficial use of the naturally occurring saline and hyper-saline groundwater. The groundwater levels are below a level that may impact flora and fauna and the public will not come into contact with the hyper-saline water, as when it leaves KCGM premises it is approximately 4m below ground level. A Seepage and Groundwater Management Plan is to be implemented by KCGM and the plan maps out KCGM's process to ensure that groundwater levels are maintained below 4m. (11) Not applicable.
(5) Not applicable. (6) Enforcement action in regards to this term would need to be considered on a case-by-case basis. It is worth noting that the terms 'amenity', 'comfort' and 'convenience' are parts, but not all, of the legal proofs required to establish 'unreasonable emission as per Section 49 of the Environmental Protection Act 1986 '. Suffice to say the term 'comfort' would be taken in its ordinary sense because the term is not defined in the Environmental Protection Act 1986 . When a definition is not contained within an Act, then a definition can be sought from a recognised legal dictionary such as Butterworths if not found within there then the Oxford dictionary. There is no definition of 'comfort' or 'convenience' within the Butterworth. The Oxford dictionary defines 'comfort' as: A state of physical well being, things that make life easy or pleasant or a state of well being , living in comfort, make comfortable (7) Not applicable. (8) As per questions (4) & (6). The Oxford dictionary defines 'convenience' as: Freedom from difficulty or trouble (9) Not applicable. (10) It is the Department of Environment's consideration that the seepage from KCGM's Fimiston operations are not causing pollution or environmental harm (material or serious) as the emissions do not adversely effect the defined beneficial use of the naturally occurring saline and hyper-saline groundwater. The groundwater levels are below a level that may impact flora and fauna and the public will not come into contact with the hyper-saline water, as when it leaves KCGM premises it is approximately 4m below ground level. A Seepage and Groundwater Management Plan is to be implemented by KCGM and the plan maps out KCGM's process to ensure that groundwater levels are maintained below 4m. (11) Not applicable.
(6) Enforcement action in regards to this term would need to be considered on a case-by-case basis. It is worth noting that the terms 'amenity', 'comfort' and 'convenience' are parts, but not all, of the legal proofs required to establish 'unreasonable emission as per Section 49 of the Environmental Protection Act 1986 '. Suffice to say the term 'comfort' would be taken in its ordinary sense because the term is not defined in the Environmental Protection Act 1986 . When a definition is not contained within an Act, then a definition can be sought from a recognised legal dictionary such as Butterworths if not found within there then the Oxford dictionary. There is no definition of 'comfort' or 'convenience' within the Butterworth. The Oxford dictionary defines 'comfort' as: A state of physical well being, things that make life easy or pleasant or a state of well being , living in comfort, make comfortable (7) Not applicable. (8) As per questions (4) & (6). The Oxford dictionary defines 'convenience' as: Freedom from difficulty or trouble (9) Not applicable. (10) It is the Department of Environment's consideration that the seepage from KCGM's Fimiston operations are not causing pollution or environmental harm (material or serious) as the emissions do not adversely effect the defined beneficial use of the naturally occurring saline and hyper-saline groundwater. The groundwater levels are below a level that may impact flora and fauna and the public will not come into contact with the hyper-saline water, as when it leaves KCGM premises it is approximately 4m below ground level. A Seepage and Groundwater Management Plan is to be implemented by KCGM and the plan maps out KCGM's process to ensure that groundwater levels are maintained below 4m. (11) Not applicable.
A state of physical well being, things that make life easy or pleasant or a state of well being , living in comfort, make comfortable (7) Not applicable. (8) As per questions (4) & (6). The Oxford dictionary defines 'convenience' as: Freedom from difficulty or trouble (9) Not applicable. (10) It is the Department of Environment's consideration that the seepage from KCGM's Fimiston operations are not causing pollution or environmental harm (material or serious) as the emissions do not adversely effect the defined beneficial use of the naturally occurring saline and hyper-saline groundwater. The groundwater levels are below a level that may impact flora and fauna and the public will not come into contact with the hyper-saline water, as when it leaves KCGM premises it is approximately 4m below ground level. A Seepage and Groundwater Management Plan is to be implemented by KCGM and the plan maps out KCGM's process to ensure that groundwater levels are maintained below 4m. (11) Not applicable.
(7) Not applicable. (8) As per questions (4) & (6). The Oxford dictionary defines 'convenience' as: Freedom from difficulty or trouble (9) Not applicable. (10) It is the Department of Environment's consideration that the seepage from KCGM's Fimiston operations are not causing pollution or environmental harm (material or serious) as the emissions do not adversely effect the defined beneficial use of the naturally occurring saline and hyper-saline groundwater. The groundwater levels are below a level that may impact flora and fauna and the public will not come into contact with the hyper-saline water, as when it leaves KCGM premises it is approximately 4m below ground level. A Seepage and Groundwater Management Plan is to be implemented by KCGM and the plan maps out KCGM's process to ensure that groundwater levels are maintained below 4m. (11) Not applicable.
(8) As per questions (4) & (6). The Oxford dictionary defines 'convenience' as: Freedom from difficulty or trouble (9) Not applicable. (10) It is the Department of Environment's consideration that the seepage from KCGM's Fimiston operations are not causing pollution or environmental harm (material or serious) as the emissions do not adversely effect the defined beneficial use of the naturally occurring saline and hyper-saline groundwater. The groundwater levels are below a level that may impact flora and fauna and the public will not come into contact with the hyper-saline water, as when it leaves KCGM premises it is approximately 4m below ground level. A Seepage and Groundwater Management Plan is to be implemented by KCGM and the plan maps out KCGM's process to ensure that groundwater levels are maintained below 4m. (11) Not applicable.
Freedom from difficulty or trouble (9) Not applicable. (10) It is the Department of Environment's consideration that the seepage from KCGM's Fimiston operations are not causing pollution or environmental harm (material or serious) as the emissions do not adversely effect the defined beneficial use of the naturally occurring saline and hyper-saline groundwater. The groundwater levels are below a level that may impact flora and fauna and the public will not come into contact with the hyper-saline water, as when it leaves KCGM premises it is approximately 4m below ground level. A Seepage and Groundwater Management Plan is to be implemented by KCGM and the plan maps out KCGM's process to ensure that groundwater levels are maintained below 4m. (11) Not applicable.
(9) Not applicable. (10) It is the Department of Environment's consideration that the seepage from KCGM's Fimiston operations are not causing pollution or environmental harm (material or serious) as the emissions do not adversely effect the defined beneficial use of the naturally occurring saline and hyper-saline groundwater. The groundwater levels are below a level that may impact flora and fauna and the public will not come into contact with the hyper-saline water, as when it leaves KCGM premises it is approximately 4m below ground level. A Seepage and Groundwater Management Plan is to be implemented by KCGM and the plan maps out KCGM's process to ensure that groundwater levels are maintained below 4m. (11) Not applicable.
(10) It is the Department of Environment's consideration that the seepage from KCGM's Fimiston operations are not causing pollution or environmental harm (material or serious) as the emissions do not adversely effect the defined beneficial use of the naturally occurring saline and hyper-saline groundwater. The groundwater levels are below a level that may impact flora and fauna and the public will not come into contact with the hyper-saline water, as when it leaves KCGM premises it is approximately 4m below ground level. A Seepage and Groundwater Management Plan is to be implemented by KCGM and the plan maps out KCGM's process to ensure that groundwater levels are maintained below 4m. (11) Not applicable.
(11) Not applicable.
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