Question regarding delays in final reports on contaminated groundwater in Mirrabooka-Dianella and potential action against Atlas for non-compliance with the Contaminated Sites Act 2003. The Minister clarifies report deadlines and reasons for not pursuing action.

AnsweredQoN 65Legislative Council
Asked
20 February 2014
Portfolio
Environment

QuestionView source ↗

CONTAMINATED GROUNDWATER — MIRRABOOKA–DIANELLA
65. Hon SAMANTHA ROWE to the minister
representing the Minister for Environment:
I
refer to the contaminated groundwater in the Mirrabooka–Dianella area
and the Department of Environment Regulation website, which states that testing
is complete.
(1) Given the
final sample was scheduled for July 2013, and the final report is to be issued
no later than 14 weeks after this sample, why does the website state ''once
final reports are submitted''?
(2) Have the
final reports been submitted?
(3) If yes
to (2), when will these reports be made public so the classification of the
groundwater in the area can be determined?
(4) If no to
(2), is the department pursuing action against Atlas for breach of the
requirements of the Contaminated Sites Act 2003; and, if not, why not?

AnswerView source ↗

I
thank the honourable member for some notice of this question. The Minister for
Environment has provided the following response —
(1)
The Department of Environment Regulation is unsure from where the member
received the information regarding the July 2013 date, as that date has never
been published on the department's website. The then Department of
Environment and Conservation served an investigation notice on Atlas on 10 October
2011. Since that time, the notice has been amended three times: on 27 October
2011, 13 June 2012 and 29 August 2013.
(2) No. The
final reports are due to be submitted to DER by 9 December 2013.
(3) Not
applicable.
(4) DER is
not currently pursuing action against Atlas because, based on the amended
notice, the final report has not yet been submitted.

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