❓ A WA parliamentary question on notice regarding compliance with environmental conditions at Hanson's Quarry at Red Hill, focusing on reporting, public access to information, complaints, and enforcement. The response provides details on compliance monitoring, penalties, and complaint investigation.
AnsweredQoN 5346Legislative Council
QuestionView source ↗
I refer to conditions applying to the relocation of Hanson's Quarry at Red Hill as outlined in Ministerial Statement 705, and I ask -
(1) Has the report on compliance, with the Screening and Rehabilitation Plan due on 31 December 2011, in accordance with condition 4-7(a) been received by the Minister?
(2) Has this report been made publically available?
(3) Will this report be made publicly available?
(4) If yes to (3), when will it be made publicly available?
(5) If no to (3), why not?
(6) Which consultant, approved by the Minister for the Environment, prepared this report?
(7) What sources of information does the Department of Environment and Conservation (DEC) utilise to ensure compliance at Hanson's Quarry at Red Hill other than the material provided by the company?
(8) What actions has DEC taken to confirm the contents of the report?
(9) If no actions have been taken, how and when will DEC confirm compliance?
(10) What are the penalties if Hanson's Quarry at Red Hill does not provide the report in the required timeframe?
(11) Which requirements, other than producing a report for the Minister, are enforceable compliance requirements of the approval?
(12) Have any complaints been made to Hanson's by members of the public regarding the quarry operations since 2009?
(13) If yes to (12), please advise when each complaint, if any, was made and the specific concerns of the complaint(s).
(14) Have any complaints been made to the DEC about Hanson's Quarry at Red Hill by members of the public since 2009?
(15) If yes to (14), please advise when the complaint was made and the specific concerns of the complaint.
(16) What follow up action did the DEC take in regards to the complaints referred to in (14)? Please provide details for each complaint.
(17) Were the members of the public who complained advised of the outcomes of their complaints?
(1) Has the report on compliance, with the Screening and Rehabilitation Plan due on 31 December 2011, in accordance with condition 4-7(a) been received by the Minister?
(2) Has this report been made publically available?
(3) Will this report be made publicly available?
(4) If yes to (3), when will it be made publicly available?
(5) If no to (3), why not?
(6) Which consultant, approved by the Minister for the Environment, prepared this report?
(7) What sources of information does the Department of Environment and Conservation (DEC) utilise to ensure compliance at Hanson's Quarry at Red Hill other than the material provided by the company?
(8) What actions has DEC taken to confirm the contents of the report?
(9) If no actions have been taken, how and when will DEC confirm compliance?
(10) What are the penalties if Hanson's Quarry at Red Hill does not provide the report in the required timeframe?
(11) Which requirements, other than producing a report for the Minister, are enforceable compliance requirements of the approval?
(12) Have any complaints been made to Hanson's by members of the public regarding the quarry operations since 2009?
(13) If yes to (12), please advise when each complaint, if any, was made and the specific concerns of the complaint(s).
(14) Have any complaints been made to the DEC about Hanson's Quarry at Red Hill by members of the public since 2009?
(15) If yes to (14), please advise when the complaint was made and the specific concerns of the complaint.
(16) What follow up action did the DEC take in regards to the complaints referred to in (14)? Please provide details for each complaint.
(17) Were the members of the public who complained advised of the outcomes of their complaints?
AnswerView source ↗
Answered
15 May 2012
Responded by
Minister for Mental Health representing the Minister for Environment
Response time
56 days
The Minister for Environment has provided the following response.
The report on compliance referred to in (1) is required pursuant to an implementation condition of Ministerial Statement 705. The proposal for the Relocation of Herne Hill Quarry Operation is subject to the implementation conditions of both Ministerial Statements 199 and 705. The Office of the Environmental Protection Authority (OEPA) monitors compliance with the implementation conditions of Ministerial Statements.
The Herne Hill Quarry Operation is also subject to the conditions of a licence issued under the
Environmental Protection Act 1986
. The Department of Environment and Conservation (DEC) monitors compliance with such licences.
(1) The
Red Hill Quarry Screening and Rehabilitation Program - 2010 and 2011 Audit Report
was received by my office on 21 December 2011 in response to Condition 4-7(a) of Statement 705.
(2) The implementation conditions of Statements 199 and 705 do not require the
Red Hill Quarry Screening and Rehabilitation Program - 2010 and 2011 Audit Report
to be made publicly available.
The
Red Hill Quarry Screening and Rehabilitation Program - 2010 and 2011 Audit Report
was provided to residents and members of community organisations in accordance with Hanson Construction Materials' distribution list. The distribution list includes owners and occupiers of land within a 5 kilometre radius of the Red Hill Quarry.
(3) - (5) See the answer to (2).
(6) Strategen Environmental Consultants Pty Ltd, the consultant approved by the then Minister for Environment on 19 June 2009, was the consultant that prepared the audit report.
(7) Ministerial Statements 199 and 705 were subject to a compliance audit by the OEPA in 2009. Ministerial Statements 199 and 705 are also subject to compliance audit by the OEPA as part of its 2011/2012 Compliance Program.
(8) As part of the OEPA's 2011/2012 Compliance Program, Statements 199 and 705 are presently being audited.
(9) Not applicable.
(10) The timeframes for submission of the report are specified under Condition 4-7(a) of Ministerial Statement 705. Failure to comply with an implementation condition is an offence under section 47(1) of the Environmental Protection Actand carries a penalty of up to $250 000 for a body corporate and a daily penalty of up to $50 000.
(11) All implementation conditions of Statements 199 and 705 are required to be complied with.
(12) Yes.
(13) [see tabled paper no]
(14) Yes, one complaint was received.
(15) The complaint was made on 30 June 2009 about the increase in sediment contributing to discolouration of water in Susannah Brook. The complainant thought the increase was due to runoff from Hanson's Quarry and the nearby Midland brick Quarry.
(16) DEC investigated the complaint at the time and it was noted that it was raining heavily. The turbidity was observed in three locations and was attributed to the rainfall event, as it was the same in the brook upstream of the quarry. In addition, DEC inspected the stormwater holding and dam and slurry pits at Hanson's Quarry on 19 June 2009 while it was raining. Water within the dam and pits was found to be contained.
(17) An attempt was made to contact the complainant but this was unsuccessful.
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The report on compliance referred to in (1) is required pursuant to an implementation condition of Ministerial Statement 705. The proposal for the Relocation of Herne Hill Quarry Operation is subject to the implementation conditions of both Ministerial Statements 199 and 705. The Office of the Environmental Protection Authority (OEPA) monitors compliance with the implementation conditions of Ministerial Statements.
The Herne Hill Quarry Operation is also subject to the conditions of a licence issued under the
Environmental Protection Act 1986
. The Department of Environment and Conservation (DEC) monitors compliance with such licences.
(1) The
Red Hill Quarry Screening and Rehabilitation Program - 2010 and 2011 Audit Report
was received by my office on 21 December 2011 in response to Condition 4-7(a) of Statement 705.
(2) The implementation conditions of Statements 199 and 705 do not require the
Red Hill Quarry Screening and Rehabilitation Program - 2010 and 2011 Audit Report
to be made publicly available.
The
Red Hill Quarry Screening and Rehabilitation Program - 2010 and 2011 Audit Report
was provided to residents and members of community organisations in accordance with Hanson Construction Materials' distribution list. The distribution list includes owners and occupiers of land within a 5 kilometre radius of the Red Hill Quarry.
(3) - (5) See the answer to (2).
(6) Strategen Environmental Consultants Pty Ltd, the consultant approved by the then Minister for Environment on 19 June 2009, was the consultant that prepared the audit report.
(7) Ministerial Statements 199 and 705 were subject to a compliance audit by the OEPA in 2009. Ministerial Statements 199 and 705 are also subject to compliance audit by the OEPA as part of its 2011/2012 Compliance Program.
(8) As part of the OEPA's 2011/2012 Compliance Program, Statements 199 and 705 are presently being audited.
(9) Not applicable.
(10) The timeframes for submission of the report are specified under Condition 4-7(a) of Ministerial Statement 705. Failure to comply with an implementation condition is an offence under section 47(1) of the Environmental Protection Actand carries a penalty of up to $250 000 for a body corporate and a daily penalty of up to $50 000.
(11) All implementation conditions of Statements 199 and 705 are required to be complied with.
(12) Yes.
(13) [see tabled paper no]
(14) Yes, one complaint was received.
(15) The complaint was made on 30 June 2009 about the increase in sediment contributing to discolouration of water in Susannah Brook. The complainant thought the increase was due to runoff from Hanson's Quarry and the nearby Midland brick Quarry.
(16) DEC investigated the complaint at the time and it was noted that it was raining heavily. The turbidity was observed in three locations and was attributed to the rainfall event, as it was the same in the brook upstream of the quarry. In addition, DEC inspected the stormwater holding and dam and slurry pits at Hanson's Quarry on 19 June 2009 while it was raining. Water within the dam and pits was found to be contained.
(17) An attempt was made to contact the complainant but this was unsuccessful.
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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