❓ A WA parliamentary question regarding the Department of Environment and Conservation's (DEC) inconsistent enforcement of native vegetation clearing laws, specifically comparing the prosecution of a farmer to the handling of alleged clearing by KCGM, a large corporation. The Minister's response outlines the DEC's enforcement policy, delegation of powers to the DMP for mining-related activities, and the decision to issue a warning letter to KCGM instead of prosecution.
AnsweredQoN 3822Legislative Council
QuestionView source ↗
I refer to a newspaper article entitled, ‘Property Rights taken to Parliament’, which appeared in the
Narrogin Observer
on 27 October 2010, 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, a document dated 3 December 2009 entitled, ‘KCGM Mining Proposal and Works Approval Application’, a media statement dated 1 May 2005 entitled, ‘Unauthorised native vegetation clearing conviction’, and another dated 30 November 2009 entitled ‘Illegal land clearers fined $10000 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 similar consistent manner, as to how other persons referred to above in the media statements have been prosecuted, 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) Will the DEC prosecute KCGM for clearing native vegetation without obtaining a native vegetation clearing permit?
(6) If no to (5), why not?
(7) If yes to (5), when will prosecution proceedings be commenced?
Narrogin Observer
on 27 October 2010, 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, a document dated 3 December 2009 entitled, ‘KCGM Mining Proposal and Works Approval Application’, a media statement dated 1 May 2005 entitled, ‘Unauthorised native vegetation clearing conviction’, and another dated 30 November 2009 entitled ‘Illegal land clearers fined $10000 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 similar consistent manner, as to how other persons referred to above in the media statements have been prosecuted, 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) Will the DEC prosecute KCGM for clearing native vegetation without obtaining a native vegetation clearing permit?
(6) If no to (5), why not?
(7) If yes to (5), when will prosecution proceedings be commenced?
AnswerView source ↗
Answered
21 June 2011
Responded by
Minister for Mental Health representing the Minister for Environment
Response time
70 days
The Minister for Environment has provided the following response:
(1)-(2) The action taken by the Department of Environment and Conservation (DEC) has been consistent with its functions under the
Environmental Protection Act 1986
. The case referred to remains under investigation by the DEC and it would be inappropriate for me to comment on this matter.
(3)-(4) DEC's investigations into reports of unlawful clearing and any subsequent action are carried out in accordance with its Enforcement and Prosecution Policy 2008. Investigations are assessed for potential environmental impacts. Under section 20 of theAct, a delegation of the DEC CEO's powers in respect of the clearing provisions has been made to the Department of Mines and Petroleum (DMP) for mining or petroleum related activities. Under the delegation, DMP administers the clearing provisions of the Act and investigates reports of alleged unauthorised clearing. DMP completed the investigation into KCGM on 22 December 2010 and referred the matter to DEC for its consideration in accordance with the delegation.
(5)-(7) DEC reviewed the DMP investigation into the alleged unlawful clearing of approximately 0.96 hectares of native vegetation on the KCGM Kaltails operation. In accordance with its Enforcement and Prosecution Policy and in consultation with DMP, DEC decided that a letter of warning was appropriate in this case. On 11 March 2011, a letter of warning was sent to KCGM acknowledging that KCGM had reviewed the incident and implemented new procedures to ensure there would be no reoccurrence in the future.
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(1)-(2) The action taken by the Department of Environment and Conservation (DEC) has been consistent with its functions under the
Environmental Protection Act 1986
. The case referred to remains under investigation by the DEC and it would be inappropriate for me to comment on this matter.
(3)-(4) DEC's investigations into reports of unlawful clearing and any subsequent action are carried out in accordance with its Enforcement and Prosecution Policy 2008. Investigations are assessed for potential environmental impacts. Under section 20 of theAct, a delegation of the DEC CEO's powers in respect of the clearing provisions has been made to the Department of Mines and Petroleum (DMP) for mining or petroleum related activities. Under the delegation, DMP administers the clearing provisions of the Act and investigates reports of alleged unauthorised clearing. DMP completed the investigation into KCGM on 22 December 2010 and referred the matter to DEC for its consideration in accordance with the delegation.
(5)-(7) DEC reviewed the DMP investigation into the alleged unlawful clearing of approximately 0.96 hectares of native vegetation on the KCGM Kaltails operation. In accordance with its Enforcement and Prosecution Policy and in consultation with DMP, DEC decided that a letter of warning was appropriate in this case. On 11 March 2011, a letter of warning was sent to KCGM acknowledging that KCGM had reviewed the incident and implemented new procedures to ensure there would be no reoccurrence in the future.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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