A parliamentary question addresses a potential breach of sulphur dioxide emission limits by Cockburn Cement, with the Minister's response indicating ongoing investigation and licence review to improve enforceability.

AnsweredQoN 1176Legislative Council
Asked
22 August 2003
Portfolio
the Environment

QuestionView source ↗

I refer to a recent breach of conditions, legislation concerning toxic gas sulphur dioxide emissions at Cockburn Cement operations and a newspaper article which appeared August 9 2003 in the
Cockburn City Herald
newspaper -
(1) Did Cockburn Cement breach licence conditions or any other conditions or legislation?
(2) If no to (1), what specifically did happen?
(3) If yes to (1), will the Minister and Department of Environment prosecute Cockburn Cement?
(4) Can the Minister state how many times in number, the text of the specific breach of licence conditions, the text of any other conditions/legislation or policies in which Cockburn Cement has breached in the last 6 years?
(5) If no to (4), why not?
(6) Can the Minister state which specific legislation or regulation if any has Cockburn Cement breached with their toxic gas sulphur dioxide emissions?
(7) If no to (6), why not?

AnswerView source ↗

Answered
14 October 2003
Responded by
Minister for Local Government and Regional Development representing the Minister for the Environment
Response time
53 days
(1) I am informed that Cockburn Cement Limited (CCL), Munster operations has exceeded its individual stack emission limits for the control of the discharge of Sulphur Dioxide as defined in the Environmental Protection Policy (EPP). No exceedances of ambient health standards at the premise boundary resulted and the Department of Environmental Protection (DEP) has referred the matter to the Crown Solicitors’ Office for assessment and advice on compliance. It is yet to be determined whether the individual stack emission limit exceedences have constituted a breach of licence or a breach of the Environmental Protection Act 1986. (2) Answer by (1). (3) It is yet to be determined whether the individual stack emission limits exceedences have constituted a breach of licence or a breach of the Environmental Protection Act 1986. Consequently, no decision has been made, at this stage, on whether to pursue prosecution of CCL. The independent audit of CCL identified a number of deficiencies in the licence that meant that breaches could not be readily established. The position of the Department is that since the release of the audit on 1 August 2002, the formatting of the licence would be reviewed to make it more enforceable, and to continuously improve the licence. (4) The DEP has yet to determine whether any breaches have occurred. (5) Answer by (4). (6-7) Answered by (1).
(2) Answer by (1). (3) It is yet to be determined whether the individual stack emission limits exceedences have constituted a breach of licence or a breach of the Environmental Protection Act 1986. Consequently, no decision has been made, at this stage, on whether to pursue prosecution of CCL. The independent audit of CCL identified a number of deficiencies in the licence that meant that breaches could not be readily established. The position of the Department is that since the release of the audit on 1 August 2002, the formatting of the licence would be reviewed to make it more enforceable, and to continuously improve the licence. (4) The DEP has yet to determine whether any breaches have occurred. (5) Answer by (4). (6-7) Answered by (1).
(3) It is yet to be determined whether the individual stack emission limits exceedences have constituted a breach of licence or a breach of the Environmental Protection Act 1986. Consequently, no decision has been made, at this stage, on whether to pursue prosecution of CCL. The independent audit of CCL identified a number of deficiencies in the licence that meant that breaches could not be readily established. The position of the Department is that since the release of the audit on 1 August 2002, the formatting of the licence would be reviewed to make it more enforceable, and to continuously improve the licence. (4) The DEP has yet to determine whether any breaches have occurred. (5) Answer by (4). (6-7) Answered by (1).
The independent audit of CCL identified a number of deficiencies in the licence that meant that breaches could not be readily established. The position of the Department is that since the release of the audit on 1 August 2002, the formatting of the licence would be reviewed to make it more enforceable, and to continuously improve the licence. (4) The DEP has yet to determine whether any breaches have occurred. (5) Answer by (4). (6-7) Answered by (1).
(4) The DEP has yet to determine whether any breaches have occurred. (5) Answer by (4). (6-7) Answered by (1).
(5) Answer by (4). (6-7) Answered by (1).
(6-7) Answered by (1).

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