Hon Paul Llewellyn questions the Department of Environment's (DoE) licensing practices, particularly regarding KCGM's licence conditions and the enforceability of environmental protections related to pollution and tailings dam management. The Minister defends the DoE's approach, citing the Environmental Protection Act 1986.

AnsweredQoN 3212Legislative Council
Asked
1 December 2005
Portfolio
the Environment

QuestionView source ↗

I refer to question on notice No. 2889 of November 10 2005, and the answers provided -
(1) Can the Minister explain why the Department of Environment (DoE) specifically and intentionally uses the word ‘manage’ in the licence condition, knowing that if pollution or damage does occur, the DoE would have to prove that the spill or whatever, was the result of inappropriate management without specifically identifying what this is, which makes it extremely hard to enforce?
(2) If no to (1), why not?
(3) Can the Minster explain why the DoE continues to set licence conditions in KCGM’s most recent licence, which are ambiguous, are not clear on what is expected, and as a result are not clearly enforceable when an incident or problem arises?
(4) If no to (3), why not?
(5) Can the Minister explain why the DoE set a licence condition in KCGM’s most recent licence, stating ‘The licensee shall manage the storage of all matter containing cyanide, saline or alkaline constituents within holding facilities in a manner, which prevents pollution’, knowing that there is a general obligation under the
Environmental Protection Act 1986
to not cause pollution?
(6) If no to (5), why not?
(7) Can the Minister explain how the DoE is going to make sure that pollution or environmental harm is not being caused from emissions from seepage from the Fimiston I tailings dam, given that the word ‘manage’ is not clearly defined as to what needs to be achieved?
(8) If no to (7), why not?
(9) Can the Minister explain why the DoE when KCGM’s most recent licence was issued, did not expand the scope of the condition to include impacts of all kinds (i.e. environmental harm), to prevent emissions of seepage from leaving the premises and entering Prospecting Licence 26/3126?
(10) If no to (9), why not?
(11) Can the Minister explain and define what hydraulic gradient means?
(12) If no to (11), why not?
(13) Can the Minister explain how is the hydraulic gradient determined at any licensed premises?
(14) If no to (13), why not?

AnswerView source ↗

Answered
14 March 2006
Responded by
Minister for Education and Training representing the Minister for the Environment
Response time
103 days
The Minister for the Environment; Science has provided the following response: The following information is correct as at 16 January 2006. (1) It is expected that the Department of Environment (DoE) will set licence conditions consistent with the Environmental Protection Act 1986 . Section 74 of this Act outlines the defences that may be employed against environmental harm and pollution charges. These defences include having taken reasonable precautions and exercised due diligence, in other words taking reasonable steps to manage operations so that the likelihood of pollution or environmental harm is minimised. Therefore any consideration of a pollution or environmental harm breach would require the DoE to investigate and consider these defences. (2) Not applicable. (3) The DoE considers that the licence is consistent with the Environmental Protection Act 1986 and enforceable, as per answer given in (1). (4) Not applicable. (5) This is predominantly a historical condition that is present on most licences of premises that have Tailings Storage Facilities. The DoE is moving away from using these types of conditions as licensees are obligated under the general provisions of the Environmental Protection Act 1986 not to cause pollution as a result of all of its activities. Ideally the relevance of this condition will be considered by the DoE when it reviews KCGM's licence in light of the licensing reform program. However, in the interim the DoE considers that this condition is consistent with the Act. (6) Not applicable. (7) The condition mentioned is only one of a number in the Environmental Protection Licence 6420/10 issued to KCGM. In addition to this the DoE has a number of other regulatory tools associated with the Environmental Protection Act 1986 and other associated legislation that is and can be used to ensure that KCGM fulfils it obligations not to cause pollution or environmental harm (material or serious). The DoE does not consider the use of the term 'manage' in licence conditions reduces the enforceability of the licence. (8) Not applicable. (9) See answer to Question on Notice 2892. (10) Not applicable. (11) Hydraulic gradient is the change in hydraulic head per unit of distance in a given direction. (12) Not applicable. (13) The hydraulic gradient is determined by measuring the hydraulic head at the relevant points and the distance between the two points. (14) Not applicable.
The following information is correct as at 16 January 2006. (1) It is expected that the Department of Environment (DoE) will set licence conditions consistent with the Environmental Protection Act 1986 . Section 74 of this Act outlines the defences that may be employed against environmental harm and pollution charges. These defences include having taken reasonable precautions and exercised due diligence, in other words taking reasonable steps to manage operations so that the likelihood of pollution or environmental harm is minimised. Therefore any consideration of a pollution or environmental harm breach would require the DoE to investigate and consider these defences. (2) Not applicable. (3) The DoE considers that the licence is consistent with the Environmental Protection Act 1986 and enforceable, as per answer given in (1). (4) Not applicable. (5) This is predominantly a historical condition that is present on most licences of premises that have Tailings Storage Facilities. The DoE is moving away from using these types of conditions as licensees are obligated under the general provisions of the Environmental Protection Act 1986 not to cause pollution as a result of all of its activities. Ideally the relevance of this condition will be considered by the DoE when it reviews KCGM's licence in light of the licensing reform program. However, in the interim the DoE considers that this condition is consistent with the Act. (6) Not applicable. (7) The condition mentioned is only one of a number in the Environmental Protection Licence 6420/10 issued to KCGM. In addition to this the DoE has a number of other regulatory tools associated with the Environmental Protection Act 1986 and other associated legislation that is and can be used to ensure that KCGM fulfils it obligations not to cause pollution or environmental harm (material or serious). The DoE does not consider the use of the term 'manage' in licence conditions reduces the enforceability of the licence. (8) Not applicable. (9) See answer to Question on Notice 2892. (10) Not applicable. (11) Hydraulic gradient is the change in hydraulic head per unit of distance in a given direction. (12) Not applicable. (13) The hydraulic gradient is determined by measuring the hydraulic head at the relevant points and the distance between the two points. (14) Not applicable.
(1) It is expected that the Department of Environment (DoE) will set licence conditions consistent with the Environmental Protection Act 1986 . Section 74 of this Act outlines the defences that may be employed against environmental harm and pollution charges. These defences include having taken reasonable precautions and exercised due diligence, in other words taking reasonable steps to manage operations so that the likelihood of pollution or environmental harm is minimised. Therefore any consideration of a pollution or environmental harm breach would require the DoE to investigate and consider these defences. (2) Not applicable. (3) The DoE considers that the licence is consistent with the Environmental Protection Act 1986 and enforceable, as per answer given in (1). (4) Not applicable. (5) This is predominantly a historical condition that is present on most licences of premises that have Tailings Storage Facilities. The DoE is moving away from using these types of conditions as licensees are obligated under the general provisions of the Environmental Protection Act 1986 not to cause pollution as a result of all of its activities. Ideally the relevance of this condition will be considered by the DoE when it reviews KCGM's licence in light of the licensing reform program. However, in the interim the DoE considers that this condition is consistent with the Act. (6) Not applicable. (7) The condition mentioned is only one of a number in the Environmental Protection Licence 6420/10 issued to KCGM. In addition to this the DoE has a number of other regulatory tools associated with the Environmental Protection Act 1986 and other associated legislation that is and can be used to ensure that KCGM fulfils it obligations not to cause pollution or environmental harm (material or serious). The DoE does not consider the use of the term 'manage' in licence conditions reduces the enforceability of the licence. (8) Not applicable. (9) See answer to Question on Notice 2892. (10) Not applicable. (11) Hydraulic gradient is the change in hydraulic head per unit of distance in a given direction. (12) Not applicable. (13) The hydraulic gradient is determined by measuring the hydraulic head at the relevant points and the distance between the two points. (14) Not applicable.
(2) Not applicable. (3) The DoE considers that the licence is consistent with the Environmental Protection Act 1986 and enforceable, as per answer given in (1). (4) Not applicable. (5) This is predominantly a historical condition that is present on most licences of premises that have Tailings Storage Facilities. The DoE is moving away from using these types of conditions as licensees are obligated under the general provisions of the Environmental Protection Act 1986 not to cause pollution as a result of all of its activities. Ideally the relevance of this condition will be considered by the DoE when it reviews KCGM's licence in light of the licensing reform program. However, in the interim the DoE considers that this condition is consistent with the Act. (6) Not applicable. (7) The condition mentioned is only one of a number in the Environmental Protection Licence 6420/10 issued to KCGM. In addition to this the DoE has a number of other regulatory tools associated with the Environmental Protection Act 1986 and other associated legislation that is and can be used to ensure that KCGM fulfils it obligations not to cause pollution or environmental harm (material or serious). The DoE does not consider the use of the term 'manage' in licence conditions reduces the enforceability of the licence. (8) Not applicable. (9) See answer to Question on Notice 2892. (10) Not applicable. (11) Hydraulic gradient is the change in hydraulic head per unit of distance in a given direction. (12) Not applicable. (13) The hydraulic gradient is determined by measuring the hydraulic head at the relevant points and the distance between the two points. (14) Not applicable.
(3) The DoE considers that the licence is consistent with the Environmental Protection Act 1986 and enforceable, as per answer given in (1). (4) Not applicable. (5) This is predominantly a historical condition that is present on most licences of premises that have Tailings Storage Facilities. The DoE is moving away from using these types of conditions as licensees are obligated under the general provisions of the Environmental Protection Act 1986 not to cause pollution as a result of all of its activities. Ideally the relevance of this condition will be considered by the DoE when it reviews KCGM's licence in light of the licensing reform program. However, in the interim the DoE considers that this condition is consistent with the Act. (6) Not applicable. (7) The condition mentioned is only one of a number in the Environmental Protection Licence 6420/10 issued to KCGM. In addition to this the DoE has a number of other regulatory tools associated with the Environmental Protection Act 1986 and other associated legislation that is and can be used to ensure that KCGM fulfils it obligations not to cause pollution or environmental harm (material or serious). The DoE does not consider the use of the term 'manage' in licence conditions reduces the enforceability of the licence. (8) Not applicable. (9) See answer to Question on Notice 2892. (10) Not applicable. (11) Hydraulic gradient is the change in hydraulic head per unit of distance in a given direction. (12) Not applicable. (13) The hydraulic gradient is determined by measuring the hydraulic head at the relevant points and the distance between the two points. (14) Not applicable.
(4) Not applicable. (5) This is predominantly a historical condition that is present on most licences of premises that have Tailings Storage Facilities. The DoE is moving away from using these types of conditions as licensees are obligated under the general provisions of the Environmental Protection Act 1986 not to cause pollution as a result of all of its activities. Ideally the relevance of this condition will be considered by the DoE when it reviews KCGM's licence in light of the licensing reform program. However, in the interim the DoE considers that this condition is consistent with the Act. (6) Not applicable. (7) The condition mentioned is only one of a number in the Environmental Protection Licence 6420/10 issued to KCGM. In addition to this the DoE has a number of other regulatory tools associated with the Environmental Protection Act 1986 and other associated legislation that is and can be used to ensure that KCGM fulfils it obligations not to cause pollution or environmental harm (material or serious). The DoE does not consider the use of the term 'manage' in licence conditions reduces the enforceability of the licence. (8) Not applicable. (9) See answer to Question on Notice 2892. (10) Not applicable. (11) Hydraulic gradient is the change in hydraulic head per unit of distance in a given direction. (12) Not applicable. (13) The hydraulic gradient is determined by measuring the hydraulic head at the relevant points and the distance between the two points. (14) Not applicable.
(5) This is predominantly a historical condition that is present on most licences of premises that have Tailings Storage Facilities. The DoE is moving away from using these types of conditions as licensees are obligated under the general provisions of the Environmental Protection Act 1986 not to cause pollution as a result of all of its activities. Ideally the relevance of this condition will be considered by the DoE when it reviews KCGM's licence in light of the licensing reform program. However, in the interim the DoE considers that this condition is consistent with the Act. (6) Not applicable. (7) The condition mentioned is only one of a number in the Environmental Protection Licence 6420/10 issued to KCGM. In addition to this the DoE has a number of other regulatory tools associated with the Environmental Protection Act 1986 and other associated legislation that is and can be used to ensure that KCGM fulfils it obligations not to cause pollution or environmental harm (material or serious). The DoE does not consider the use of the term 'manage' in licence conditions reduces the enforceability of the licence. (8) Not applicable. (9) See answer to Question on Notice 2892. (10) Not applicable. (11) Hydraulic gradient is the change in hydraulic head per unit of distance in a given direction. (12) Not applicable. (13) The hydraulic gradient is determined by measuring the hydraulic head at the relevant points and the distance between the two points. (14) Not applicable.
(6) Not applicable. (7) The condition mentioned is only one of a number in the Environmental Protection Licence 6420/10 issued to KCGM. In addition to this the DoE has a number of other regulatory tools associated with the Environmental Protection Act 1986 and other associated legislation that is and can be used to ensure that KCGM fulfils it obligations not to cause pollution or environmental harm (material or serious). The DoE does not consider the use of the term 'manage' in licence conditions reduces the enforceability of the licence. (8) Not applicable. (9) See answer to Question on Notice 2892. (10) Not applicable. (11) Hydraulic gradient is the change in hydraulic head per unit of distance in a given direction. (12) Not applicable. (13) The hydraulic gradient is determined by measuring the hydraulic head at the relevant points and the distance between the two points. (14) Not applicable.
(7) The condition mentioned is only one of a number in the Environmental Protection Licence 6420/10 issued to KCGM. In addition to this the DoE has a number of other regulatory tools associated with the Environmental Protection Act 1986 and other associated legislation that is and can be used to ensure that KCGM fulfils it obligations not to cause pollution or environmental harm (material or serious). The DoE does not consider the use of the term 'manage' in licence conditions reduces the enforceability of the licence. (8) Not applicable. (9) See answer to Question on Notice 2892. (10) Not applicable. (11) Hydraulic gradient is the change in hydraulic head per unit of distance in a given direction. (12) Not applicable. (13) The hydraulic gradient is determined by measuring the hydraulic head at the relevant points and the distance between the two points. (14) Not applicable.
(8) Not applicable. (9) See answer to Question on Notice 2892. (10) Not applicable. (11) Hydraulic gradient is the change in hydraulic head per unit of distance in a given direction. (12) Not applicable. (13) The hydraulic gradient is determined by measuring the hydraulic head at the relevant points and the distance between the two points. (14) Not applicable.
(9) See answer to Question on Notice 2892. (10) Not applicable. (11) Hydraulic gradient is the change in hydraulic head per unit of distance in a given direction. (12) Not applicable. (13) The hydraulic gradient is determined by measuring the hydraulic head at the relevant points and the distance between the two points. (14) Not applicable.
(10) Not applicable. (11) Hydraulic gradient is the change in hydraulic head per unit of distance in a given direction. (12) Not applicable. (13) The hydraulic gradient is determined by measuring the hydraulic head at the relevant points and the distance between the two points. (14) Not applicable.
(11) Hydraulic gradient is the change in hydraulic head per unit of distance in a given direction. (12) Not applicable. (13) The hydraulic gradient is determined by measuring the hydraulic head at the relevant points and the distance between the two points. (14) Not applicable.
(12) Not applicable. (13) The hydraulic gradient is determined by measuring the hydraulic head at the relevant points and the distance between the two points. (14) Not applicable.
(13) The hydraulic gradient is determined by measuring the hydraulic head at the relevant points and the distance between the two points. (14) Not applicable.
(14) Not applicable.

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