❓ Question regarding Magellan Metals' compliance with environmental conditions for lead carbonate export from Fremantle Port. The Minister's answer details breaches, investigations, and potential penalties under the Environmental Protection Act 1986.
AnsweredQoN 4248Legislative Assembly
QuestionView source ↗
In relation to the Environmental Conditions (Ministerial) (Statement 783), imposed on Magellan Metals for their proposal to export lead carbonate from the Fremantle Port, I ask:
(a) is the Minister confident that all of the Ministerial Conditions imposed on Magellan Metals, as a requirement of their lead carbonate export, have been met to date; and
(i) if no, please provide details as to those conditions that have not been met; and
(ii) if Ministerial Conditions have not been met what penalties will be imposed upon Magellan Metals and in what time frame will they be imposed?
(a) is the Minister confident that all of the Ministerial Conditions imposed on Magellan Metals, as a requirement of their lead carbonate export, have been met to date; and
(i) if no, please provide details as to those conditions that have not been met; and
(ii) if Ministerial Conditions have not been met what penalties will be imposed upon Magellan Metals and in what time frame will they be imposed?
AnswerView source ↗
Answered
16 February 2011
Responded by
Minister representing the Minister for Environment
Response time
99 days
(a) (i-ii)
On 31 December 2010 and 3 January 2011 Stop Orders were served on Magellan Metals due to a breach of its obligations under its Health, Hygiene and Environmental Monitoring Plan. The OEPA has commenced a thorough investigation into Magellan Metals' compliance with the implementation conditions of Ministerial Statement 783.
The investigation includes, but is not limited to, issues surrounding air quality monitoring in sea containers. The investigation will determine whether any non-compliances with implementation conditions have occurred and inform what action will be taken.
In the event of any successful prosecution for a breach of implementation conditions, Section 47(1) of the
Environmental Protection Act 1986
will apply. Section 47(1) provides for an offence where a proposal is not carried out in accordance with the conditions and procedures set out in the relevant Statement. The offence carries a maximum penalty for body corporate of up to $250 000 with a maximum daily penalty of up to $50 000.
Prior to 31 December 2010, the Office of the EPA (OEPA) has advised that one notice of non-compliance has been issued to Magellan Metals in relation to Ministerial Statement 783. I am advised that on 17 October 2010 Magellan Metals notified the OEPA that on 16 October 2010 a technical non-compliance occurred with Condition 6-3 of Statement 783 requiring Magellan Metals to implement the Health, Hygiene and Environmental Management Plan. Specifically, a semi trailer loaded with three washed sea containers containing sealed bags of lead carbonate left the mine site prior to undergoing a final inspection by the independent inspector as required in the management plan. The OEPA issued a notice of non-compliance to Magellan Metals on 20 October 2010 and the company implemented management actions to prevent recurrence of that non-compliance.
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On 31 December 2010 and 3 January 2011 Stop Orders were served on Magellan Metals due to a breach of its obligations under its Health, Hygiene and Environmental Monitoring Plan. The OEPA has commenced a thorough investigation into Magellan Metals' compliance with the implementation conditions of Ministerial Statement 783.
The investigation includes, but is not limited to, issues surrounding air quality monitoring in sea containers. The investigation will determine whether any non-compliances with implementation conditions have occurred and inform what action will be taken.
In the event of any successful prosecution for a breach of implementation conditions, Section 47(1) of the
Environmental Protection Act 1986
will apply. Section 47(1) provides for an offence where a proposal is not carried out in accordance with the conditions and procedures set out in the relevant Statement. The offence carries a maximum penalty for body corporate of up to $250 000 with a maximum daily penalty of up to $50 000.
Prior to 31 December 2010, the Office of the EPA (OEPA) has advised that one notice of non-compliance has been issued to Magellan Metals in relation to Ministerial Statement 783. I am advised that on 17 October 2010 Magellan Metals notified the OEPA that on 16 October 2010 a technical non-compliance occurred with Condition 6-3 of Statement 783 requiring Magellan Metals to implement the Health, Hygiene and Environmental Management Plan. Specifically, a semi trailer loaded with three washed sea containers containing sealed bags of lead carbonate left the mine site prior to undergoing a final inspection by the independent inspector as required in the management plan. The OEPA issued a notice of non-compliance to Magellan Metals on 20 October 2010 and the company implemented management actions to prevent recurrence of that non-compliance.
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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