A parliamentary question regarding odour emissions from Loongana Lime operations and the Department of Environment's (DoE) response, including investigation status, enforcement actions, and communication with affected parties.

AnsweredQoN 3380Legislative Council
Asked
4 April 2006
Portfolio
the Environment

QuestionView source ↗

I refer to a email dated February 23 2006, addressed to Mr Wayne Astill, Department of Environment (DoE), copied to the Minister for the Environment titled ‘Loongana Lime - Above the Law’, concerning a very serious unreasonable odour emitted from Loongana Lime operations on the 22 February 2006, and various other attachments -
(1) Has the DoE considered and addressed all the matters raised in the above referred email?
(2) If yes to (1), what strong enforcement action to prevent ongoing odour incidents was taken?
(3) Is the Acting Regional Manager Mr Astill involved with ‘Captain Cleanup’?
(4) If yes to (3), what specific involvement does Mr Astill have?
(5) Does the DoE and Mr Astill support Loongana Lime in repeatedly causing unreasonable emissions reoccurring, which seriously affect the health, welfare, comfort, convenience and amenity of surrounding residents?
(6) If yes to (5), why
(7) If no to (5), why not?
(8) Is it correct that an Environmental Field Notice was issued on the 9-10 March 2006, for the Longana Lime Operations?
(9) If yes to (8), why was the notice issued?
(10) Can the Minister explain why prior to 9-10 March 2006, despite a number of environmental field notices having been issued to Loongana, that the unreasonable odours continue to persist with many complaints being made without a Environmental Protection Notice being issued?
(11) If no to (10), why not?
(12) Will the Minister table a copy of the Environmental Field Notice issued on the 9-10 March 2006?
(13) If no to (12), why not?
(14) Will the Minister table a copy of the written response addressed to Mr Right from the Minister concerning his letter dated 5 March 2004, addressed to the Minister for the Environment?
(15) If no to (14), why not?
(16) Can the Minister state what enforcement action, if any, was taken by the DoE in relation to all the matters raised by Mr Right in his letter dated 5 March 2004?
(17) If no to (16), why not?

AnswerView source ↗

Answered
9 May 2006
Responded by
Minister for Education and Training representing the Minister for the Environment
Response time
35 days
(2) This matter is currently under investigation. If the investigations concludes that a breach of the Environmental Protection Act 1986 has occurred then the DoE will determine the appropriate level of enforcement action in line with its Enforcement Policy. (3) No. (4) Not applicable. (5) No, DoE is currently investigating Loongana Lime in regards to allegations that odour emissions have unreasonably impacted residents. (6) Not applicable. (7) The DoE does not support any company breaching the Environmental Protection Act 1986 . (8) Yes. (9) The DoE Inspectors issued the Environmental Field Notices tabled in Question on Notice 3379, as they considered that the odour had the potential to be unreasonable. These notices are issued to bring the matter to the attention of the company or individual. In themselves, these notices do not establish a prima facie case that an offence has occurred. Whether a prima facie case exists will be established as part of the current investigation into this matter. (10) As per (9) the field notices are issued to bring the matter to the attention of the company or individual because the emission may have been unreasonable. An investigation is currently underway to determine if a prima facie case exists. To date the DoE has been satisfied that Loongana Lime is proactively dealing with the issues surrounding these odour events. However, ongoing substantiated unreasonable odour events will result in the DoE considering the issuing of an Environmental Protection Notice to restrict the use of recycled oil when winds are blowing towards residential areas. This was communicated to Loongana Lime in a recent letter from the DoE. (11) Not applicable. (12) The Environmental Field Notices were tabled in Question on Notice 3379. (13) Not applicable. (14) The letter by Mr Right was addressed to the Department of Environment. A response to Mr Right from the Minister is yet to be finalised. (15) Not applicable. (16) As per (2). (17) Not applicable.
(3) No. (4) Not applicable. (5) No, DoE is currently investigating Loongana Lime in regards to allegations that odour emissions have unreasonably impacted residents. (6) Not applicable. (7) The DoE does not support any company breaching the Environmental Protection Act 1986 . (8) Yes. (9) The DoE Inspectors issued the Environmental Field Notices tabled in Question on Notice 3379, as they considered that the odour had the potential to be unreasonable. These notices are issued to bring the matter to the attention of the company or individual. In themselves, these notices do not establish a prima facie case that an offence has occurred. Whether a prima facie case exists will be established as part of the current investigation into this matter. (10) As per (9) the field notices are issued to bring the matter to the attention of the company or individual because the emission may have been unreasonable. An investigation is currently underway to determine if a prima facie case exists. To date the DoE has been satisfied that Loongana Lime is proactively dealing with the issues surrounding these odour events. However, ongoing substantiated unreasonable odour events will result in the DoE considering the issuing of an Environmental Protection Notice to restrict the use of recycled oil when winds are blowing towards residential areas. This was communicated to Loongana Lime in a recent letter from the DoE. (11) Not applicable. (12) The Environmental Field Notices were tabled in Question on Notice 3379. (13) Not applicable. (14) The letter by Mr Right was addressed to the Department of Environment. A response to Mr Right from the Minister is yet to be finalised. (15) Not applicable. (16) As per (2). (17) Not applicable.
(4) Not applicable. (5) No, DoE is currently investigating Loongana Lime in regards to allegations that odour emissions have unreasonably impacted residents. (6) Not applicable. (7) The DoE does not support any company breaching the Environmental Protection Act 1986 . (8) Yes. (9) The DoE Inspectors issued the Environmental Field Notices tabled in Question on Notice 3379, as they considered that the odour had the potential to be unreasonable. These notices are issued to bring the matter to the attention of the company or individual. In themselves, these notices do not establish a prima facie case that an offence has occurred. Whether a prima facie case exists will be established as part of the current investigation into this matter. (10) As per (9) the field notices are issued to bring the matter to the attention of the company or individual because the emission may have been unreasonable. An investigation is currently underway to determine if a prima facie case exists. To date the DoE has been satisfied that Loongana Lime is proactively dealing with the issues surrounding these odour events. However, ongoing substantiated unreasonable odour events will result in the DoE considering the issuing of an Environmental Protection Notice to restrict the use of recycled oil when winds are blowing towards residential areas. This was communicated to Loongana Lime in a recent letter from the DoE. (11) Not applicable. (12) The Environmental Field Notices were tabled in Question on Notice 3379. (13) Not applicable. (14) The letter by Mr Right was addressed to the Department of Environment. A response to Mr Right from the Minister is yet to be finalised. (15) Not applicable. (16) As per (2). (17) Not applicable.
(5) No, DoE is currently investigating Loongana Lime in regards to allegations that odour emissions have unreasonably impacted residents. (6) Not applicable. (7) The DoE does not support any company breaching the Environmental Protection Act 1986 . (8) Yes. (9) The DoE Inspectors issued the Environmental Field Notices tabled in Question on Notice 3379, as they considered that the odour had the potential to be unreasonable. These notices are issued to bring the matter to the attention of the company or individual. In themselves, these notices do not establish a prima facie case that an offence has occurred. Whether a prima facie case exists will be established as part of the current investigation into this matter. (10) As per (9) the field notices are issued to bring the matter to the attention of the company or individual because the emission may have been unreasonable. An investigation is currently underway to determine if a prima facie case exists. To date the DoE has been satisfied that Loongana Lime is proactively dealing with the issues surrounding these odour events. However, ongoing substantiated unreasonable odour events will result in the DoE considering the issuing of an Environmental Protection Notice to restrict the use of recycled oil when winds are blowing towards residential areas. This was communicated to Loongana Lime in a recent letter from the DoE. (11) Not applicable. (12) The Environmental Field Notices were tabled in Question on Notice 3379. (13) Not applicable. (14) The letter by Mr Right was addressed to the Department of Environment. A response to Mr Right from the Minister is yet to be finalised. (15) Not applicable. (16) As per (2). (17) Not applicable.
(6) Not applicable. (7) The DoE does not support any company breaching the Environmental Protection Act 1986 . (8) Yes. (9) The DoE Inspectors issued the Environmental Field Notices tabled in Question on Notice 3379, as they considered that the odour had the potential to be unreasonable. These notices are issued to bring the matter to the attention of the company or individual. In themselves, these notices do not establish a prima facie case that an offence has occurred. Whether a prima facie case exists will be established as part of the current investigation into this matter. (10) As per (9) the field notices are issued to bring the matter to the attention of the company or individual because the emission may have been unreasonable. An investigation is currently underway to determine if a prima facie case exists. To date the DoE has been satisfied that Loongana Lime is proactively dealing with the issues surrounding these odour events. However, ongoing substantiated unreasonable odour events will result in the DoE considering the issuing of an Environmental Protection Notice to restrict the use of recycled oil when winds are blowing towards residential areas. This was communicated to Loongana Lime in a recent letter from the DoE. (11) Not applicable. (12) The Environmental Field Notices were tabled in Question on Notice 3379. (13) Not applicable. (14) The letter by Mr Right was addressed to the Department of Environment. A response to Mr Right from the Minister is yet to be finalised. (15) Not applicable. (16) As per (2). (17) Not applicable.
(7) The DoE does not support any company breaching the Environmental Protection Act 1986 . (8) Yes. (9) The DoE Inspectors issued the Environmental Field Notices tabled in Question on Notice 3379, as they considered that the odour had the potential to be unreasonable. These notices are issued to bring the matter to the attention of the company or individual. In themselves, these notices do not establish a prima facie case that an offence has occurred. Whether a prima facie case exists will be established as part of the current investigation into this matter. (10) As per (9) the field notices are issued to bring the matter to the attention of the company or individual because the emission may have been unreasonable. An investigation is currently underway to determine if a prima facie case exists. To date the DoE has been satisfied that Loongana Lime is proactively dealing with the issues surrounding these odour events. However, ongoing substantiated unreasonable odour events will result in the DoE considering the issuing of an Environmental Protection Notice to restrict the use of recycled oil when winds are blowing towards residential areas. This was communicated to Loongana Lime in a recent letter from the DoE. (11) Not applicable. (12) The Environmental Field Notices were tabled in Question on Notice 3379. (13) Not applicable. (14) The letter by Mr Right was addressed to the Department of Environment. A response to Mr Right from the Minister is yet to be finalised. (15) Not applicable. (16) As per (2). (17) Not applicable.
(8) Yes. (9) The DoE Inspectors issued the Environmental Field Notices tabled in Question on Notice 3379, as they considered that the odour had the potential to be unreasonable. These notices are issued to bring the matter to the attention of the company or individual. In themselves, these notices do not establish a prima facie case that an offence has occurred. Whether a prima facie case exists will be established as part of the current investigation into this matter. (10) As per (9) the field notices are issued to bring the matter to the attention of the company or individual because the emission may have been unreasonable. An investigation is currently underway to determine if a prima facie case exists. To date the DoE has been satisfied that Loongana Lime is proactively dealing with the issues surrounding these odour events. However, ongoing substantiated unreasonable odour events will result in the DoE considering the issuing of an Environmental Protection Notice to restrict the use of recycled oil when winds are blowing towards residential areas. This was communicated to Loongana Lime in a recent letter from the DoE. (11) Not applicable. (12) The Environmental Field Notices were tabled in Question on Notice 3379. (13) Not applicable. (14) The letter by Mr Right was addressed to the Department of Environment. A response to Mr Right from the Minister is yet to be finalised. (15) Not applicable. (16) As per (2). (17) Not applicable.
(9) The DoE Inspectors issued the Environmental Field Notices tabled in Question on Notice 3379, as they considered that the odour had the potential to be unreasonable. These notices are issued to bring the matter to the attention of the company or individual. In themselves, these notices do not establish a prima facie case that an offence has occurred. Whether a prima facie case exists will be established as part of the current investigation into this matter. (10) As per (9) the field notices are issued to bring the matter to the attention of the company or individual because the emission may have been unreasonable. An investigation is currently underway to determine if a prima facie case exists. To date the DoE has been satisfied that Loongana Lime is proactively dealing with the issues surrounding these odour events. However, ongoing substantiated unreasonable odour events will result in the DoE considering the issuing of an Environmental Protection Notice to restrict the use of recycled oil when winds are blowing towards residential areas. This was communicated to Loongana Lime in a recent letter from the DoE. (11) Not applicable. (12) The Environmental Field Notices were tabled in Question on Notice 3379. (13) Not applicable. (14) The letter by Mr Right was addressed to the Department of Environment. A response to Mr Right from the Minister is yet to be finalised. (15) Not applicable. (16) As per (2). (17) Not applicable.
(10) As per (9) the field notices are issued to bring the matter to the attention of the company or individual because the emission may have been unreasonable. An investigation is currently underway to determine if a prima facie case exists. To date the DoE has been satisfied that Loongana Lime is proactively dealing with the issues surrounding these odour events. However, ongoing substantiated unreasonable odour events will result in the DoE considering the issuing of an Environmental Protection Notice to restrict the use of recycled oil when winds are blowing towards residential areas. This was communicated to Loongana Lime in a recent letter from the DoE. (11) Not applicable. (12) The Environmental Field Notices were tabled in Question on Notice 3379. (13) Not applicable. (14) The letter by Mr Right was addressed to the Department of Environment. A response to Mr Right from the Minister is yet to be finalised. (15) Not applicable. (16) As per (2). (17) Not applicable.
(11) Not applicable. (12) The Environmental Field Notices were tabled in Question on Notice 3379. (13) Not applicable. (14) The letter by Mr Right was addressed to the Department of Environment. A response to Mr Right from the Minister is yet to be finalised. (15) Not applicable. (16) As per (2). (17) Not applicable.
(12) The Environmental Field Notices were tabled in Question on Notice 3379. (13) Not applicable. (14) The letter by Mr Right was addressed to the Department of Environment. A response to Mr Right from the Minister is yet to be finalised. (15) Not applicable. (16) As per (2). (17) Not applicable.
(13) Not applicable. (14) The letter by Mr Right was addressed to the Department of Environment. A response to Mr Right from the Minister is yet to be finalised. (15) Not applicable. (16) As per (2). (17) Not applicable.
(14) The letter by Mr Right was addressed to the Department of Environment. A response to Mr Right from the Minister is yet to be finalised. (15) Not applicable. (16) As per (2). (17) Not applicable.
(15) Not applicable. (16) As per (2). (17) Not applicable.
(16) As per (2). (17) Not applicable.
(17) Not applicable.

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