❓ Hon Diane Evers questions the Minister for Environment regarding penalties for unauthorised discharges, funding for clean-up, breach statistics, and training of council officers. The Minister acknowledges the need for review and clarifies existing practices.
AnsweredQoN 1364Legislative Council
QuestionView source ↗
ENVIRONMENT —
UNAUTHORISED DISCHARGES
1364. Hon DIANE EVERS to the Minister for Environment:
I
refer to the Environmental Protection (Unauthorised Discharges) Regulations
2004, which provide for a $5 000 fine for
offences relating to the discharge of sediment in the course of or in
connection with a business or commercial activity.
(1) Will the
minister review the penalties in these regulations in order to bring them into
line with the costs that councils face when cleaning up around poorly managed
sites; and, if not, why not?
(2) Are councils provided with any funds or fine
proceeds to assist in cleaning up these sites; and, if not, why not?
(3) How many breaches of this
regulation have occurred in the last three years and what was the result?
(4) Have any council
officers been trained and delegated as authorised officers by the director
general of the Department of Water and Environmental Regulation to enforce the
regulations; and, if not, why not?
UNAUTHORISED DISCHARGES
1364. Hon DIANE EVERS to the Minister for Environment:
I
refer to the Environmental Protection (Unauthorised Discharges) Regulations
2004, which provide for a $5 000 fine for
offences relating to the discharge of sediment in the course of or in
connection with a business or commercial activity.
(1) Will the
minister review the penalties in these regulations in order to bring them into
line with the costs that councils face when cleaning up around poorly managed
sites; and, if not, why not?
(2) Are councils provided with any funds or fine
proceeds to assist in cleaning up these sites; and, if not, why not?
(3) How many breaches of this
regulation have occurred in the last three years and what was the result?
(4) Have any council
officers been trained and delegated as authorised officers by the director
general of the Department of Water and Environmental Regulation to enforce the
regulations; and, if not, why not?
AnswerView source ↗
I thank the honourable member for some
notice of the question.
(1) Penalties
under regulations have not increased since the introduction of the
Environmental Protection Act 1986. As part of the current review of the act, I will
consider whether to increase the penalty for offences under regulations,
including under the Environmental Protection (Unauthorised Discharges)
Regulations 2004.
(2) The fines
from infringements and prosecutions issued by local government officers under
the Environmental Protection (Unauthorised
Discharges) Regulations 2004 are retained by the local government.
(3) I am advised
that this information is not required to be reported by local governments to
the Department of Water and Environmental Regulation and no current records are
held with this information.
(4) DWER appoints
local government officers as authorised officers under the Environmental
Protection Act and provides training to assist them in the exercise of their
delegated powers.
notice of the question.
(1) Penalties
under regulations have not increased since the introduction of the
Environmental Protection Act 1986. As part of the current review of the act, I will
consider whether to increase the penalty for offences under regulations,
including under the Environmental Protection (Unauthorised Discharges)
Regulations 2004.
(2) The fines
from infringements and prosecutions issued by local government officers under
the Environmental Protection (Unauthorised
Discharges) Regulations 2004 are retained by the local government.
(3) I am advised
that this information is not required to be reported by local governments to
the Department of Water and Environmental Regulation and no current records are
held with this information.
(4) DWER appoints
local government officers as authorised officers under the Environmental
Protection Act and provides training to assist them in the exercise of their
delegated powers.
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