Hon Robin Chapple questions the Minister for Environment regarding the Department of Environment and Conservation's (DEC) allocation of resources in prosecuting individuals versus a large corporation (KCGM) for native vegetation clearing, seeking explanations for perceived inconsistencies in enforcement and requesting documentation related to warnings issued to KCGM. The Minister deflects by offering a briefing.

AnsweredQoN 5109Legislative Council
Asked
6 March 2012
Portfolio
Environment

QuestionView source ↗

I refer to the following -
(a) a newspaper article entitled, 'Property Rights taken to Parliament', which appeared in the
Narrogin Observer
on 27 October 2010;
(b) photographs taken on 21 January 2010, depicting clearing of vegetation and construction of bores undertaken with exploration equipment available for viewing at www.mp.wa.gov.au/rchapple/Kaltails;
(c) a document, dated 3 December 2009, entitled, 'KCGM Mining Proposal and Works Approval Application';
(d) a media statement, dated 1 May 2005, entitled, 'Unauthorised native vegetation clearing conviction'; and
(e) another media statement, dated 30 November 2009, entitled 'Illegal land clearers fined $10,000 each', and I ask -
(1) With reference to the newspaper article, dated 27 October 2010, referred to above, can the Minister explain why Department of Environment and Conservation (DEC) was prepared to spend significant resources and effort to prosecute a Munglinup farmer who cleared native vegetation on his property which resulted in him spending 90 days in jail, for breaching a court order preventing him from clearing land?
(2) If no to (2), why not?
(3) Can the Minister explain why the DEC is not prepared to spend significant resources in a manner consistent with that reflected by the prosecutions referred to above in the media statements, and at the very least prosecute a large corporation KCGM employees/contractors who have cleared native vegetation as part of exploration/construction activities, without obtaining a native vegetation clearing permit under the
Environmental Protection Act 1986
?
(4) If no to (3), why not?
(5) Can the Minister explain the rationale as to why the DEC was not prepared to send a letter of warning to the alleged offenders for illegal clearing referred to in the above media statement, dated 1 May 2005?
(6) If no to (5), why not?
(7) Can the Minister explain the rationale as to why the DEC was not prepared to send a letter of warning to the alleged offenders referred to in the above media statement, dated 30 November 2009?
(8) If no to (7), why not?
(9) Can the Minister quote the full text of the 'letter of warning' written to KCGM referred to in the answer for question on notice No. 3822 of 12 April 2011, parts (5) to (7)?
(10) If no to (9), why not?
(11) Will the Minister table a copy of the 'letter of warning' referred to in the answer for question on notice No. 3822 of 12 April 2011, parts (5) to (7)?

AnswerView source ↗

Answered
1 May 2012
Responded by
Minister for Mental Health representing the Minister for Environment
Response time
56 days
(1)-(11) The Department of Environment and Conservation (DEC) has spent approximately 200 hours answering questions from the Hon Member on projects owned by Barrick Gold, and Newmont Mining and managed by KCGM. Given the interest of the Member in this matter, the Minister would be happy to arrange for DEC to provide the Member with a briefing on any matters of concern.
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