❓ Hon Paul Llewellyn questions the Department of Environment regarding KCGM exceeding sulphur dioxide levels and the potential for prosecution, referencing past incidents and reporting delays. The Minister confirms the exceedance was considered a concern and that KCGM's history will be considered in any enforcement action, and agrees to table the relevant letter.
AnsweredQoN 3639Legislative Council
QuestionView source ↗
I refer to the answers to question on notice numbers 3208, 3215 and 3205 of 1 December 2005, question on notice number 2895 of 10 November 2005, and a letter dated 28 June 2001 titled ‘Exceedance of NEPM Sulphur Dioxide Standard’ signed by Fred Tromp, Director, Pollution Prevention Division and addressed to Mr John Shipp, Kalgoorlie Consolidated Gold Mines (KCGM) which shows wind data from a report identifying the sulphur dioxide emanating from the KCGM gidgi roaster stack -
(1) Will the Department of Environment prosecute KCGM for exceeding sulphur dioxide levels in the Environmental Protection Policy?
(2) If no to (1), why not?
(3) Is it correct that the NEPM sulphur dioxide ambient level was exceeded between 2340 on 9 May 2001 and 0010 on 10 May 2001?
(4) If no to (3), then what is correct?
(5) Can the Minister explain why the letter dated 28 June 2001 expresses concern and in part states ‘I received the report earlier this week approximately seven weeks after the event occurred. The DEP’s expectations are that we request to be notified within at least 24 hours of such an event occurring. Please ensure that any future event or incidents are reported within the required time frame?’
(6) If no to (5), why not?
(7) Will the letter dated 28 June 2001 be provided to the Environmental Enforcement Unit as evidence and history of the offender in the decision to prosecute KCGM for breaching the Environmental Protection Policy?
(8) If no to (7), why not?
(9) Will the Minister table a copy of the letter dated 28 June 2001?
(10) If no to (9), why not?
(1) Will the Department of Environment prosecute KCGM for exceeding sulphur dioxide levels in the Environmental Protection Policy?
(2) If no to (1), why not?
(3) Is it correct that the NEPM sulphur dioxide ambient level was exceeded between 2340 on 9 May 2001 and 0010 on 10 May 2001?
(4) If no to (3), then what is correct?
(5) Can the Minister explain why the letter dated 28 June 2001 expresses concern and in part states ‘I received the report earlier this week approximately seven weeks after the event occurred. The DEP’s expectations are that we request to be notified within at least 24 hours of such an event occurring. Please ensure that any future event or incidents are reported within the required time frame?’
(6) If no to (5), why not?
(7) Will the letter dated 28 June 2001 be provided to the Environmental Enforcement Unit as evidence and history of the offender in the decision to prosecute KCGM for breaching the Environmental Protection Policy?
(8) If no to (7), why not?
(9) Will the Minister table a copy of the letter dated 28 June 2001?
(10) If no to (9), why not?
AnswerView source ↗
Answered
22 August 2006
Responded by
Minister for Education and Training representing the Minister for the Environment
Response time
70 days
(2) Not applicable. (3) The officers assessing the report at the time considered that the NEPM ambient level had been exceeded. Whilst this is not considered to be a legally binding level, the then Department of Environmental Protection considered that the Kalgoorlie Consolidated Gold Mine (KCGM) should have considered such a level in its performance targets. (4) Not applicable. (5) The then Department of Environmental Protection would expect companies to promptly report these matters. (6) Not applicable. (7) In choosing the appropriate enforcement action, the Department of Environment, in accordance with its Enforcement and Prosecution Policy, will consider the previous history of the offender with regard to environmental management or compliance with environmental legislation, including frequency of offences. (8) Not applicable. (9) Yes. [See table paper No. ]. (10) Not applicable.
(3) The officers assessing the report at the time considered that the NEPM ambient level had been exceeded. Whilst this is not considered to be a legally binding level, the then Department of Environmental Protection considered that the Kalgoorlie Consolidated Gold Mine (KCGM) should have considered such a level in its performance targets. (4) Not applicable. (5) The then Department of Environmental Protection would expect companies to promptly report these matters. (6) Not applicable. (7) In choosing the appropriate enforcement action, the Department of Environment, in accordance with its Enforcement and Prosecution Policy, will consider the previous history of the offender with regard to environmental management or compliance with environmental legislation, including frequency of offences. (8) Not applicable. (9) Yes. [See table paper No. ]. (10) Not applicable.
(4) Not applicable. (5) The then Department of Environmental Protection would expect companies to promptly report these matters. (6) Not applicable. (7) In choosing the appropriate enforcement action, the Department of Environment, in accordance with its Enforcement and Prosecution Policy, will consider the previous history of the offender with regard to environmental management or compliance with environmental legislation, including frequency of offences. (8) Not applicable. (9) Yes. [See table paper No. ]. (10) Not applicable.
(5) The then Department of Environmental Protection would expect companies to promptly report these matters. (6) Not applicable. (7) In choosing the appropriate enforcement action, the Department of Environment, in accordance with its Enforcement and Prosecution Policy, will consider the previous history of the offender with regard to environmental management or compliance with environmental legislation, including frequency of offences. (8) Not applicable. (9) Yes. [See table paper No. ]. (10) Not applicable.
(6) Not applicable. (7) In choosing the appropriate enforcement action, the Department of Environment, in accordance with its Enforcement and Prosecution Policy, will consider the previous history of the offender with regard to environmental management or compliance with environmental legislation, including frequency of offences. (8) Not applicable. (9) Yes. [See table paper No. ]. (10) Not applicable.
(7) In choosing the appropriate enforcement action, the Department of Environment, in accordance with its Enforcement and Prosecution Policy, will consider the previous history of the offender with regard to environmental management or compliance with environmental legislation, including frequency of offences. (8) Not applicable. (9) Yes. [See table paper No. ]. (10) Not applicable.
(8) Not applicable. (9) Yes. [See table paper No. ]. (10) Not applicable.
(9) Yes. [See table paper No. ]. (10) Not applicable.
(10) Not applicable.
(3) The officers assessing the report at the time considered that the NEPM ambient level had been exceeded. Whilst this is not considered to be a legally binding level, the then Department of Environmental Protection considered that the Kalgoorlie Consolidated Gold Mine (KCGM) should have considered such a level in its performance targets. (4) Not applicable. (5) The then Department of Environmental Protection would expect companies to promptly report these matters. (6) Not applicable. (7) In choosing the appropriate enforcement action, the Department of Environment, in accordance with its Enforcement and Prosecution Policy, will consider the previous history of the offender with regard to environmental management or compliance with environmental legislation, including frequency of offences. (8) Not applicable. (9) Yes. [See table paper No. ]. (10) Not applicable.
(4) Not applicable. (5) The then Department of Environmental Protection would expect companies to promptly report these matters. (6) Not applicable. (7) In choosing the appropriate enforcement action, the Department of Environment, in accordance with its Enforcement and Prosecution Policy, will consider the previous history of the offender with regard to environmental management or compliance with environmental legislation, including frequency of offences. (8) Not applicable. (9) Yes. [See table paper No. ]. (10) Not applicable.
(5) The then Department of Environmental Protection would expect companies to promptly report these matters. (6) Not applicable. (7) In choosing the appropriate enforcement action, the Department of Environment, in accordance with its Enforcement and Prosecution Policy, will consider the previous history of the offender with regard to environmental management or compliance with environmental legislation, including frequency of offences. (8) Not applicable. (9) Yes. [See table paper No. ]. (10) Not applicable.
(6) Not applicable. (7) In choosing the appropriate enforcement action, the Department of Environment, in accordance with its Enforcement and Prosecution Policy, will consider the previous history of the offender with regard to environmental management or compliance with environmental legislation, including frequency of offences. (8) Not applicable. (9) Yes. [See table paper No. ]. (10) Not applicable.
(7) In choosing the appropriate enforcement action, the Department of Environment, in accordance with its Enforcement and Prosecution Policy, will consider the previous history of the offender with regard to environmental management or compliance with environmental legislation, including frequency of offences. (8) Not applicable. (9) Yes. [See table paper No. ]. (10) Not applicable.
(8) Not applicable. (9) Yes. [See table paper No. ]. (10) Not applicable.
(9) Yes. [See table paper No. ]. (10) Not applicable.
(10) Not applicable.
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