❓ Hon Paul Llewellyn asks about breaches of the Environmental Protection Act 1986 by KCGM and other companies, specifically regarding noise and dust pollution. The Minister acknowledges past record-keeping issues but provides details on actions taken against Kalgoorlie Cement Works and Readymix.
AnsweredQoN 2893Legislative Council
QuestionView source ↗
I refer to question on notice No. 2614, September 22 2005 -
(1) For each of the three occasions can the Minister state which specific sections of the
Environmental Protection Act 1986
that officers considered were breaches of the Act?
(2) If no to (1), why not?
(3) For each of the three occasions can the Minister state the reasons why the officers were of the view that breaches of the
Environmental Protection Act 1986
had occurred?
(4) If no to (1), why not?
(5) Will the Minister table the letters or documents for the two warnings issued to KCGM?
(6) If no to (5), why not?
(7) Will the Minister table a copy of the Environmental Field Notice issued to KCGM?
(8) Can the Minister quote the specific text issued to KCGM in the Environmental Field Notice for breaching the provision of the
Environmental Protection Act 1986
?
(9) If no to (8), why not?
(1) For each of the three occasions can the Minister state which specific sections of the
Environmental Protection Act 1986
that officers considered were breaches of the Act?
(2) If no to (1), why not?
(3) For each of the three occasions can the Minister state the reasons why the officers were of the view that breaches of the
Environmental Protection Act 1986
had occurred?
(4) If no to (1), why not?
(5) Will the Minister table the letters or documents for the two warnings issued to KCGM?
(6) If no to (5), why not?
(7) Will the Minister table a copy of the Environmental Field Notice issued to KCGM?
(8) Can the Minister quote the specific text issued to KCGM in the Environmental Field Notice for breaching the provision of the
Environmental Protection Act 1986
?
(9) If no to (8), why not?
AnswerView source ↗
Answered
1 December 2005
Responded by
Minister for Education and Training representing the Minister for the Environment
Response time
21 days
The Minister for the Environment; Science has provided the following response: (1) The following was stated in Question on Notice 2614 (5): " However, it is important to note that prior to early 2003 the Department of Environment did not have satisfactory enforcement policies and procedures including the recording of complaints and breaches of the Environmental Protection Act 1986. The Minister for the Environment has directed the Department of Environment to implement the thirty three recommendations from the Robinson Review, released in February 2003. One of the most significant outcomes was the formation of the Environmental Enforcement Unit in July 2003. Since that time the Department has established a more comprehensive investigative and record keeping process" ( in respect to investigations) to determine when breaches occur and to keep track of investigations. As is evident, the record keeping process for investigations prior to 2003 was not satisfactory. Notwithstanding the above, the Department of Environment (DoE) following on from complaints from Mr Right undertook enforcement measures based on what it considered breaches of : · Environmental Protection (Noise) Regulations 1997 , Section 7. The warning was based on noise monitoring in August 2002 that indicated a 3dB breach of the LA 1 assigned levels by Kalgoorlie Cement Works. · Environmental Protection (Concrete Batching and Cement Product Manufacturing) Regulation 1998 , Section 3. Evidence was provided by Mr Right that indicated a likelihood that visible dust had crossed the premise boundary in contravention of these regulations by Kalgoorlie Cement Works. Due to the poor recording of investigation outcomes an event was recorded on the database of the time as recording a warning against CSR Readymix for the disposal of waste product. In fact the letter to the company highlighted the poor practice but considered that a breach of the Environmental Protection Act 1986 had not occurred. The DoE database has been updated to better reflect the action undertaken. (2) Not applicable. (3) Answered in question (1). (4) Not applicable. (5) Question on Notice 2614 (5) was not limited to just KCGM and as a result it was taken to be all complaints raised by Mr Right and Mr Vulhop. The Warnings and Environmental Field Notices issued based on complaints made by Mr Right were issued to Readymix and Kalgoorlie Cement Works. (See tabled paper no ). (6) Not applicable. (7) (See tabled paper no ). (8) (See tabled paper no ). (9) Not applicable.
(1) The following was stated in Question on Notice 2614 (5): " However, it is important to note that prior to early 2003 the Department of Environment did not have satisfactory enforcement policies and procedures including the recording of complaints and breaches of the Environmental Protection Act 1986. The Minister for the Environment has directed the Department of Environment to implement the thirty three recommendations from the Robinson Review, released in February 2003. One of the most significant outcomes was the formation of the Environmental Enforcement Unit in July 2003. Since that time the Department has established a more comprehensive investigative and record keeping process" ( in respect to investigations) to determine when breaches occur and to keep track of investigations. As is evident, the record keeping process for investigations prior to 2003 was not satisfactory. Notwithstanding the above, the Department of Environment (DoE) following on from complaints from Mr Right undertook enforcement measures based on what it considered breaches of : · Environmental Protection (Noise) Regulations 1997 , Section 7. The warning was based on noise monitoring in August 2002 that indicated a 3dB breach of the LA 1 assigned levels by Kalgoorlie Cement Works. · Environmental Protection (Concrete Batching and Cement Product Manufacturing) Regulation 1998 , Section 3. Evidence was provided by Mr Right that indicated a likelihood that visible dust had crossed the premise boundary in contravention of these regulations by Kalgoorlie Cement Works. Due to the poor recording of investigation outcomes an event was recorded on the database of the time as recording a warning against CSR Readymix for the disposal of waste product. In fact the letter to the company highlighted the poor practice but considered that a breach of the Environmental Protection Act 1986 had not occurred. The DoE database has been updated to better reflect the action undertaken. (2) Not applicable. (3) Answered in question (1). (4) Not applicable. (5) Question on Notice 2614 (5) was not limited to just KCGM and as a result it was taken to be all complaints raised by Mr Right and Mr Vulhop. The Warnings and Environmental Field Notices issued based on complaints made by Mr Right were issued to Readymix and Kalgoorlie Cement Works. (See tabled paper no ). (6) Not applicable. (7) (See tabled paper no ). (8) (See tabled paper no ). (9) Not applicable.
" However, it is important to note that prior to early 2003 the Department of Environment did not have satisfactory enforcement policies and procedures including the recording of complaints and breaches of the Environmental Protection Act 1986. The Minister for the Environment has directed the Department of Environment to implement the thirty three recommendations from the Robinson Review, released in February 2003. One of the most significant outcomes was the formation of the Environmental Enforcement Unit in July 2003. Since that time the Department has established a more comprehensive investigative and record keeping process" ( in respect to investigations) to determine when breaches occur and to keep track of investigations. As is evident, the record keeping process for investigations prior to 2003 was not satisfactory. Notwithstanding the above, the Department of Environment (DoE) following on from complaints from Mr Right undertook enforcement measures based on what it considered breaches of : · Environmental Protection (Noise) Regulations 1997 , Section 7. The warning was based on noise monitoring in August 2002 that indicated a 3dB breach of the LA 1 assigned levels by Kalgoorlie Cement Works. · Environmental Protection (Concrete Batching and Cement Product Manufacturing) Regulation 1998 , Section 3. Evidence was provided by Mr Right that indicated a likelihood that visible dust had crossed the premise boundary in contravention of these regulations by Kalgoorlie Cement Works. Due to the poor recording of investigation outcomes an event was recorded on the database of the time as recording a warning against CSR Readymix for the disposal of waste product. In fact the letter to the company highlighted the poor practice but considered that a breach of the Environmental Protection Act 1986 had not occurred. The DoE database has been updated to better reflect the action undertaken. (2) Not applicable. (3) Answered in question (1). (4) Not applicable. (5) Question on Notice 2614 (5) was not limited to just KCGM and as a result it was taken to be all complaints raised by Mr Right and Mr Vulhop. The Warnings and Environmental Field Notices issued based on complaints made by Mr Right were issued to Readymix and Kalgoorlie Cement Works. (See tabled paper no ). (6) Not applicable. (7) (See tabled paper no ). (8) (See tabled paper no ). (9) Not applicable.
As is evident, the record keeping process for investigations prior to 2003 was not satisfactory. Notwithstanding the above, the Department of Environment (DoE) following on from complaints from Mr Right undertook enforcement measures based on what it considered breaches of : · Environmental Protection (Noise) Regulations 1997 , Section 7. The warning was based on noise monitoring in August 2002 that indicated a 3dB breach of the LA 1 assigned levels by Kalgoorlie Cement Works. · Environmental Protection (Concrete Batching and Cement Product Manufacturing) Regulation 1998 , Section 3. Evidence was provided by Mr Right that indicated a likelihood that visible dust had crossed the premise boundary in contravention of these regulations by Kalgoorlie Cement Works. Due to the poor recording of investigation outcomes an event was recorded on the database of the time as recording a warning against CSR Readymix for the disposal of waste product. In fact the letter to the company highlighted the poor practice but considered that a breach of the Environmental Protection Act 1986 had not occurred. The DoE database has been updated to better reflect the action undertaken. (2) Not applicable. (3) Answered in question (1). (4) Not applicable. (5) Question on Notice 2614 (5) was not limited to just KCGM and as a result it was taken to be all complaints raised by Mr Right and Mr Vulhop. The Warnings and Environmental Field Notices issued based on complaints made by Mr Right were issued to Readymix and Kalgoorlie Cement Works. (See tabled paper no ). (6) Not applicable. (7) (See tabled paper no ). (8) (See tabled paper no ). (9) Not applicable.
· Environmental Protection (Noise) Regulations 1997 , Section 7. The warning was based on noise monitoring in August 2002 that indicated a 3dB breach of the LA 1 assigned levels by Kalgoorlie Cement Works. · Environmental Protection (Concrete Batching and Cement Product Manufacturing) Regulation 1998 , Section 3. Evidence was provided by Mr Right that indicated a likelihood that visible dust had crossed the premise boundary in contravention of these regulations by Kalgoorlie Cement Works. Due to the poor recording of investigation outcomes an event was recorded on the database of the time as recording a warning against CSR Readymix for the disposal of waste product. In fact the letter to the company highlighted the poor practice but considered that a breach of the Environmental Protection Act 1986 had not occurred. The DoE database has been updated to better reflect the action undertaken. (2) Not applicable. (3) Answered in question (1). (4) Not applicable. (5) Question on Notice 2614 (5) was not limited to just KCGM and as a result it was taken to be all complaints raised by Mr Right and Mr Vulhop. The Warnings and Environmental Field Notices issued based on complaints made by Mr Right were issued to Readymix and Kalgoorlie Cement Works. (See tabled paper no ). (6) Not applicable. (7) (See tabled paper no ). (8) (See tabled paper no ). (9) Not applicable.
· Environmental Protection (Concrete Batching and Cement Product Manufacturing) Regulation 1998 , Section 3. Evidence was provided by Mr Right that indicated a likelihood that visible dust had crossed the premise boundary in contravention of these regulations by Kalgoorlie Cement Works. Due to the poor recording of investigation outcomes an event was recorded on the database of the time as recording a warning against CSR Readymix for the disposal of waste product. In fact the letter to the company highlighted the poor practice but considered that a breach of the Environmental Protection Act 1986 had not occurred. The DoE database has been updated to better reflect the action undertaken. (2) Not applicable. (3) Answered in question (1). (4) Not applicable. (5) Question on Notice 2614 (5) was not limited to just KCGM and as a result it was taken to be all complaints raised by Mr Right and Mr Vulhop. The Warnings and Environmental Field Notices issued based on complaints made by Mr Right were issued to Readymix and Kalgoorlie Cement Works. (See tabled paper no ). (6) Not applicable. (7) (See tabled paper no ). (8) (See tabled paper no ). (9) Not applicable.
Due to the poor recording of investigation outcomes an event was recorded on the database of the time as recording a warning against CSR Readymix for the disposal of waste product. In fact the letter to the company highlighted the poor practice but considered that a breach of the Environmental Protection Act 1986 had not occurred. The DoE database has been updated to better reflect the action undertaken. (2) Not applicable. (3) Answered in question (1). (4) Not applicable. (5) Question on Notice 2614 (5) was not limited to just KCGM and as a result it was taken to be all complaints raised by Mr Right and Mr Vulhop. The Warnings and Environmental Field Notices issued based on complaints made by Mr Right were issued to Readymix and Kalgoorlie Cement Works. (See tabled paper no ). (6) Not applicable. (7) (See tabled paper no ). (8) (See tabled paper no ). (9) Not applicable.
(2) Not applicable. (3) Answered in question (1). (4) Not applicable. (5) Question on Notice 2614 (5) was not limited to just KCGM and as a result it was taken to be all complaints raised by Mr Right and Mr Vulhop. The Warnings and Environmental Field Notices issued based on complaints made by Mr Right were issued to Readymix and Kalgoorlie Cement Works. (See tabled paper no ). (6) Not applicable. (7) (See tabled paper no ). (8) (See tabled paper no ). (9) Not applicable.
(3) Answered in question (1). (4) Not applicable. (5) Question on Notice 2614 (5) was not limited to just KCGM and as a result it was taken to be all complaints raised by Mr Right and Mr Vulhop. The Warnings and Environmental Field Notices issued based on complaints made by Mr Right were issued to Readymix and Kalgoorlie Cement Works. (See tabled paper no ). (6) Not applicable. (7) (See tabled paper no ). (8) (See tabled paper no ). (9) Not applicable.
(4) Not applicable. (5) Question on Notice 2614 (5) was not limited to just KCGM and as a result it was taken to be all complaints raised by Mr Right and Mr Vulhop. The Warnings and Environmental Field Notices issued based on complaints made by Mr Right were issued to Readymix and Kalgoorlie Cement Works. (See tabled paper no ). (6) Not applicable. (7) (See tabled paper no ). (8) (See tabled paper no ). (9) Not applicable.
(5) Question on Notice 2614 (5) was not limited to just KCGM and as a result it was taken to be all complaints raised by Mr Right and Mr Vulhop. The Warnings and Environmental Field Notices issued based on complaints made by Mr Right were issued to Readymix and Kalgoorlie Cement Works. (See tabled paper no ). (6) Not applicable. (7) (See tabled paper no ). (8) (See tabled paper no ). (9) Not applicable.
(6) Not applicable. (7) (See tabled paper no ). (8) (See tabled paper no ). (9) Not applicable.
(7) (See tabled paper no ). (8) (See tabled paper no ). (9) Not applicable.
(8) (See tabled paper no ). (9) Not applicable.
(9) Not applicable.
(1) The following was stated in Question on Notice 2614 (5): " However, it is important to note that prior to early 2003 the Department of Environment did not have satisfactory enforcement policies and procedures including the recording of complaints and breaches of the Environmental Protection Act 1986. The Minister for the Environment has directed the Department of Environment to implement the thirty three recommendations from the Robinson Review, released in February 2003. One of the most significant outcomes was the formation of the Environmental Enforcement Unit in July 2003. Since that time the Department has established a more comprehensive investigative and record keeping process" ( in respect to investigations) to determine when breaches occur and to keep track of investigations. As is evident, the record keeping process for investigations prior to 2003 was not satisfactory. Notwithstanding the above, the Department of Environment (DoE) following on from complaints from Mr Right undertook enforcement measures based on what it considered breaches of : · Environmental Protection (Noise) Regulations 1997 , Section 7. The warning was based on noise monitoring in August 2002 that indicated a 3dB breach of the LA 1 assigned levels by Kalgoorlie Cement Works. · Environmental Protection (Concrete Batching and Cement Product Manufacturing) Regulation 1998 , Section 3. Evidence was provided by Mr Right that indicated a likelihood that visible dust had crossed the premise boundary in contravention of these regulations by Kalgoorlie Cement Works. Due to the poor recording of investigation outcomes an event was recorded on the database of the time as recording a warning against CSR Readymix for the disposal of waste product. In fact the letter to the company highlighted the poor practice but considered that a breach of the Environmental Protection Act 1986 had not occurred. The DoE database has been updated to better reflect the action undertaken. (2) Not applicable. (3) Answered in question (1). (4) Not applicable. (5) Question on Notice 2614 (5) was not limited to just KCGM and as a result it was taken to be all complaints raised by Mr Right and Mr Vulhop. The Warnings and Environmental Field Notices issued based on complaints made by Mr Right were issued to Readymix and Kalgoorlie Cement Works. (See tabled paper no ). (6) Not applicable. (7) (See tabled paper no ). (8) (See tabled paper no ). (9) Not applicable.
" However, it is important to note that prior to early 2003 the Department of Environment did not have satisfactory enforcement policies and procedures including the recording of complaints and breaches of the Environmental Protection Act 1986. The Minister for the Environment has directed the Department of Environment to implement the thirty three recommendations from the Robinson Review, released in February 2003. One of the most significant outcomes was the formation of the Environmental Enforcement Unit in July 2003. Since that time the Department has established a more comprehensive investigative and record keeping process" ( in respect to investigations) to determine when breaches occur and to keep track of investigations. As is evident, the record keeping process for investigations prior to 2003 was not satisfactory. Notwithstanding the above, the Department of Environment (DoE) following on from complaints from Mr Right undertook enforcement measures based on what it considered breaches of : · Environmental Protection (Noise) Regulations 1997 , Section 7. The warning was based on noise monitoring in August 2002 that indicated a 3dB breach of the LA 1 assigned levels by Kalgoorlie Cement Works. · Environmental Protection (Concrete Batching and Cement Product Manufacturing) Regulation 1998 , Section 3. Evidence was provided by Mr Right that indicated a likelihood that visible dust had crossed the premise boundary in contravention of these regulations by Kalgoorlie Cement Works. Due to the poor recording of investigation outcomes an event was recorded on the database of the time as recording a warning against CSR Readymix for the disposal of waste product. In fact the letter to the company highlighted the poor practice but considered that a breach of the Environmental Protection Act 1986 had not occurred. The DoE database has been updated to better reflect the action undertaken. (2) Not applicable. (3) Answered in question (1). (4) Not applicable. (5) Question on Notice 2614 (5) was not limited to just KCGM and as a result it was taken to be all complaints raised by Mr Right and Mr Vulhop. The Warnings and Environmental Field Notices issued based on complaints made by Mr Right were issued to Readymix and Kalgoorlie Cement Works. (See tabled paper no ). (6) Not applicable. (7) (See tabled paper no ). (8) (See tabled paper no ). (9) Not applicable.
As is evident, the record keeping process for investigations prior to 2003 was not satisfactory. Notwithstanding the above, the Department of Environment (DoE) following on from complaints from Mr Right undertook enforcement measures based on what it considered breaches of : · Environmental Protection (Noise) Regulations 1997 , Section 7. The warning was based on noise monitoring in August 2002 that indicated a 3dB breach of the LA 1 assigned levels by Kalgoorlie Cement Works. · Environmental Protection (Concrete Batching and Cement Product Manufacturing) Regulation 1998 , Section 3. Evidence was provided by Mr Right that indicated a likelihood that visible dust had crossed the premise boundary in contravention of these regulations by Kalgoorlie Cement Works. Due to the poor recording of investigation outcomes an event was recorded on the database of the time as recording a warning against CSR Readymix for the disposal of waste product. In fact the letter to the company highlighted the poor practice but considered that a breach of the Environmental Protection Act 1986 had not occurred. The DoE database has been updated to better reflect the action undertaken. (2) Not applicable. (3) Answered in question (1). (4) Not applicable. (5) Question on Notice 2614 (5) was not limited to just KCGM and as a result it was taken to be all complaints raised by Mr Right and Mr Vulhop. The Warnings and Environmental Field Notices issued based on complaints made by Mr Right were issued to Readymix and Kalgoorlie Cement Works. (See tabled paper no ). (6) Not applicable. (7) (See tabled paper no ). (8) (See tabled paper no ). (9) Not applicable.
· Environmental Protection (Noise) Regulations 1997 , Section 7. The warning was based on noise monitoring in August 2002 that indicated a 3dB breach of the LA 1 assigned levels by Kalgoorlie Cement Works. · Environmental Protection (Concrete Batching and Cement Product Manufacturing) Regulation 1998 , Section 3. Evidence was provided by Mr Right that indicated a likelihood that visible dust had crossed the premise boundary in contravention of these regulations by Kalgoorlie Cement Works. Due to the poor recording of investigation outcomes an event was recorded on the database of the time as recording a warning against CSR Readymix for the disposal of waste product. In fact the letter to the company highlighted the poor practice but considered that a breach of the Environmental Protection Act 1986 had not occurred. The DoE database has been updated to better reflect the action undertaken. (2) Not applicable. (3) Answered in question (1). (4) Not applicable. (5) Question on Notice 2614 (5) was not limited to just KCGM and as a result it was taken to be all complaints raised by Mr Right and Mr Vulhop. The Warnings and Environmental Field Notices issued based on complaints made by Mr Right were issued to Readymix and Kalgoorlie Cement Works. (See tabled paper no ). (6) Not applicable. (7) (See tabled paper no ). (8) (See tabled paper no ). (9) Not applicable.
· Environmental Protection (Concrete Batching and Cement Product Manufacturing) Regulation 1998 , Section 3. Evidence was provided by Mr Right that indicated a likelihood that visible dust had crossed the premise boundary in contravention of these regulations by Kalgoorlie Cement Works. Due to the poor recording of investigation outcomes an event was recorded on the database of the time as recording a warning against CSR Readymix for the disposal of waste product. In fact the letter to the company highlighted the poor practice but considered that a breach of the Environmental Protection Act 1986 had not occurred. The DoE database has been updated to better reflect the action undertaken. (2) Not applicable. (3) Answered in question (1). (4) Not applicable. (5) Question on Notice 2614 (5) was not limited to just KCGM and as a result it was taken to be all complaints raised by Mr Right and Mr Vulhop. The Warnings and Environmental Field Notices issued based on complaints made by Mr Right were issued to Readymix and Kalgoorlie Cement Works. (See tabled paper no ). (6) Not applicable. (7) (See tabled paper no ). (8) (See tabled paper no ). (9) Not applicable.
Due to the poor recording of investigation outcomes an event was recorded on the database of the time as recording a warning against CSR Readymix for the disposal of waste product. In fact the letter to the company highlighted the poor practice but considered that a breach of the Environmental Protection Act 1986 had not occurred. The DoE database has been updated to better reflect the action undertaken. (2) Not applicable. (3) Answered in question (1). (4) Not applicable. (5) Question on Notice 2614 (5) was not limited to just KCGM and as a result it was taken to be all complaints raised by Mr Right and Mr Vulhop. The Warnings and Environmental Field Notices issued based on complaints made by Mr Right were issued to Readymix and Kalgoorlie Cement Works. (See tabled paper no ). (6) Not applicable. (7) (See tabled paper no ). (8) (See tabled paper no ). (9) Not applicable.
(2) Not applicable. (3) Answered in question (1). (4) Not applicable. (5) Question on Notice 2614 (5) was not limited to just KCGM and as a result it was taken to be all complaints raised by Mr Right and Mr Vulhop. The Warnings and Environmental Field Notices issued based on complaints made by Mr Right were issued to Readymix and Kalgoorlie Cement Works. (See tabled paper no ). (6) Not applicable. (7) (See tabled paper no ). (8) (See tabled paper no ). (9) Not applicable.
(3) Answered in question (1). (4) Not applicable. (5) Question on Notice 2614 (5) was not limited to just KCGM and as a result it was taken to be all complaints raised by Mr Right and Mr Vulhop. The Warnings and Environmental Field Notices issued based on complaints made by Mr Right were issued to Readymix and Kalgoorlie Cement Works. (See tabled paper no ). (6) Not applicable. (7) (See tabled paper no ). (8) (See tabled paper no ). (9) Not applicable.
(4) Not applicable. (5) Question on Notice 2614 (5) was not limited to just KCGM and as a result it was taken to be all complaints raised by Mr Right and Mr Vulhop. The Warnings and Environmental Field Notices issued based on complaints made by Mr Right were issued to Readymix and Kalgoorlie Cement Works. (See tabled paper no ). (6) Not applicable. (7) (See tabled paper no ). (8) (See tabled paper no ). (9) Not applicable.
(5) Question on Notice 2614 (5) was not limited to just KCGM and as a result it was taken to be all complaints raised by Mr Right and Mr Vulhop. The Warnings and Environmental Field Notices issued based on complaints made by Mr Right were issued to Readymix and Kalgoorlie Cement Works. (See tabled paper no ). (6) Not applicable. (7) (See tabled paper no ). (8) (See tabled paper no ). (9) Not applicable.
(6) Not applicable. (7) (See tabled paper no ). (8) (See tabled paper no ). (9) Not applicable.
(7) (See tabled paper no ). (8) (See tabled paper no ). (9) Not applicable.
(8) (See tabled paper no ). (9) Not applicable.
(9) Not applicable.
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