❓ A WA parliamentary question on notice from 2005, raised concerns about the Department of Environmental Protection's (DEP) handling of noise breaches by Kalgoorlie Consolidated Gold Mines (KCGM), questioning the lack of prosecution and seeking assurance that past breaches would be considered in future decisions.
AnsweredQoN 3205Legislative Council
QuestionView source ↗
I refer to a letter dated December 6 1999, addressed to Mr John Shipp, General Manger, Kalgoorlie Consolidated Gold Mines (KCGM) signed by Trevor Naughton for Philip Hine, Acting Director Pollution Prevention Division from the Department of Environmental Protection (DEP) titled ‘Noise from the Mt Charlotte Haul Road’ and a newspaper article dated Friday May 31 2002, which appeared on page four of
The Kalgoorlie Miner
titled ‘MLC angry at KCGM let off’ -
(1) Can the Minister explain how the DEP asked KCGM to really lift their game, given the DEP has regularly chosen not to prosecute KCGM for breaches of licence conditions as a serious deterrent and penalty for any ongoing breaches?
(2) If no to (3), why not?
(3) Will all the breaches of licence conditions mentioned in the newspaper article dated May 31 2002, above, relating to the history of the offender be taken into consideration for breaches identified in the year 2005 in the decision to prosecute KCGM?
(4) If no to (5), why not?
(5) If yes to (5), why?
(6) Can the Minister explain how it was identified that noise levels being generated from KCGM operations were in exceedance of the assigned levels as set in the
Environmental Protection Noise Regulations 1997
?
(7) If no to (8), why not?
(8) Is it correct that KCGM exceeded the assigned noise levels by up to 10dB(A) which was unacceptable?
(9) If no to (10), what specifically is correct?
(10) Will the breach and exceedance of noise levels being generated from KCGM operations in 1999 be taken into consideration relating to the history of the offender for all breaches identified in the year 2005, in any decision to prosecute KCGM?
(11) If no to (12), why not?
(12) If yes to (12), why?
(13) Have all the breaches of licence conditions identified in the newspaper article dated May 31 2002, and the exceedance of noise levels mentioned in the letter dated December 6 1999, been brought to the attention of the Environmental Enforcement Unit?
(14) If yes to (15), on what specific date did this occur?
(15) If no to (15), why not?
The Kalgoorlie Miner
titled ‘MLC angry at KCGM let off’ -
(1) Can the Minister explain how the DEP asked KCGM to really lift their game, given the DEP has regularly chosen not to prosecute KCGM for breaches of licence conditions as a serious deterrent and penalty for any ongoing breaches?
(2) If no to (3), why not?
(3) Will all the breaches of licence conditions mentioned in the newspaper article dated May 31 2002, above, relating to the history of the offender be taken into consideration for breaches identified in the year 2005 in the decision to prosecute KCGM?
(4) If no to (5), why not?
(5) If yes to (5), why?
(6) Can the Minister explain how it was identified that noise levels being generated from KCGM operations were in exceedance of the assigned levels as set in the
Environmental Protection Noise Regulations 1997
?
(7) If no to (8), why not?
(8) Is it correct that KCGM exceeded the assigned noise levels by up to 10dB(A) which was unacceptable?
(9) If no to (10), what specifically is correct?
(10) Will the breach and exceedance of noise levels being generated from KCGM operations in 1999 be taken into consideration relating to the history of the offender for all breaches identified in the year 2005, in any decision to prosecute KCGM?
(11) If no to (12), why not?
(12) If yes to (12), why?
(13) Have all the breaches of licence conditions identified in the newspaper article dated May 31 2002, and the exceedance of noise levels mentioned in the letter dated December 6 1999, been brought to the attention of the Environmental Enforcement Unit?
(14) If yes to (15), on what specific date did this occur?
(15) If no to (15), why not?
AnswerView source ↗
Answered
14 March 2006
Responded by
Minister for Education and Training representing the Minister for the Environment
Response time
103 days
The following information is correct as at 16 January 2006. (1) The DoE (then the DEP) states in the article of 31 May 2002 that the DoE will be meeting with the companies to discuss the matter of late reports and inadequate information. (2) Not applicable. (3) It is not appropriate to comment on ongoing investigations. Notwithstanding, the DoE's Enforcement and Prosecution Policy, which is publicly available at www.environment.wa.gov.au , states that when choosing the appropriate enforcement action the DoE will consider amongst other factors the, "previous history of the offender with regard to the environment or compliance with DoE legislation, including frequency of offences". (4-5) Not applicable. (6) An officer of the DEP set up a sound meter on Cahill Road on 1 December 1999 and recorded sound levels for one hour. These measured levels were then compared to the assigned levels for that area. (7) Not applicable. (8) The report concluded that the noise levels measured was 10dB(A) above the assigned level for L A10 . (9) Not applicable. (10) See answer to part (3). (11-12) Not applicable. (13) Yes. (14) Yes. Since 1 July 2003, the Environmental Enforcement Unit has been the custodian of the databases used to record environmental incidents and complaints including the information pertaining to KCGM. (15) Not applicable.
(1) The DoE (then the DEP) states in the article of 31 May 2002 that the DoE will be meeting with the companies to discuss the matter of late reports and inadequate information. (2) Not applicable. (3) It is not appropriate to comment on ongoing investigations. Notwithstanding, the DoE's Enforcement and Prosecution Policy, which is publicly available at www.environment.wa.gov.au , states that when choosing the appropriate enforcement action the DoE will consider amongst other factors the, "previous history of the offender with regard to the environment or compliance with DoE legislation, including frequency of offences". (4-5) Not applicable. (6) An officer of the DEP set up a sound meter on Cahill Road on 1 December 1999 and recorded sound levels for one hour. These measured levels were then compared to the assigned levels for that area. (7) Not applicable. (8) The report concluded that the noise levels measured was 10dB(A) above the assigned level for L A10 . (9) Not applicable. (10) See answer to part (3). (11-12) Not applicable. (13) Yes. (14) Yes. Since 1 July 2003, the Environmental Enforcement Unit has been the custodian of the databases used to record environmental incidents and complaints including the information pertaining to KCGM. (15) Not applicable.
(2) Not applicable. (3) It is not appropriate to comment on ongoing investigations. Notwithstanding, the DoE's Enforcement and Prosecution Policy, which is publicly available at www.environment.wa.gov.au , states that when choosing the appropriate enforcement action the DoE will consider amongst other factors the, "previous history of the offender with regard to the environment or compliance with DoE legislation, including frequency of offences". (4-5) Not applicable. (6) An officer of the DEP set up a sound meter on Cahill Road on 1 December 1999 and recorded sound levels for one hour. These measured levels were then compared to the assigned levels for that area. (7) Not applicable. (8) The report concluded that the noise levels measured was 10dB(A) above the assigned level for L A10 . (9) Not applicable. (10) See answer to part (3). (11-12) Not applicable. (13) Yes. (14) Yes. Since 1 July 2003, the Environmental Enforcement Unit has been the custodian of the databases used to record environmental incidents and complaints including the information pertaining to KCGM. (15) Not applicable.
(3) It is not appropriate to comment on ongoing investigations. Notwithstanding, the DoE's Enforcement and Prosecution Policy, which is publicly available at www.environment.wa.gov.au , states that when choosing the appropriate enforcement action the DoE will consider amongst other factors the, "previous history of the offender with regard to the environment or compliance with DoE legislation, including frequency of offences". (4-5) Not applicable. (6) An officer of the DEP set up a sound meter on Cahill Road on 1 December 1999 and recorded sound levels for one hour. These measured levels were then compared to the assigned levels for that area. (7) Not applicable. (8) The report concluded that the noise levels measured was 10dB(A) above the assigned level for L A10 . (9) Not applicable. (10) See answer to part (3). (11-12) Not applicable. (13) Yes. (14) Yes. Since 1 July 2003, the Environmental Enforcement Unit has been the custodian of the databases used to record environmental incidents and complaints including the information pertaining to KCGM. (15) Not applicable.
(4-5) Not applicable. (6) An officer of the DEP set up a sound meter on Cahill Road on 1 December 1999 and recorded sound levels for one hour. These measured levels were then compared to the assigned levels for that area. (7) Not applicable. (8) The report concluded that the noise levels measured was 10dB(A) above the assigned level for L A10 . (9) Not applicable. (10) See answer to part (3). (11-12) Not applicable. (13) Yes. (14) Yes. Since 1 July 2003, the Environmental Enforcement Unit has been the custodian of the databases used to record environmental incidents and complaints including the information pertaining to KCGM. (15) Not applicable.
(6) An officer of the DEP set up a sound meter on Cahill Road on 1 December 1999 and recorded sound levels for one hour. These measured levels were then compared to the assigned levels for that area. (7) Not applicable. (8) The report concluded that the noise levels measured was 10dB(A) above the assigned level for L A10 . (9) Not applicable. (10) See answer to part (3). (11-12) Not applicable. (13) Yes. (14) Yes. Since 1 July 2003, the Environmental Enforcement Unit has been the custodian of the databases used to record environmental incidents and complaints including the information pertaining to KCGM. (15) Not applicable.
(7) Not applicable. (8) The report concluded that the noise levels measured was 10dB(A) above the assigned level for L A10 . (9) Not applicable. (10) See answer to part (3). (11-12) Not applicable. (13) Yes. (14) Yes. Since 1 July 2003, the Environmental Enforcement Unit has been the custodian of the databases used to record environmental incidents and complaints including the information pertaining to KCGM. (15) Not applicable.
(8) The report concluded that the noise levels measured was 10dB(A) above the assigned level for L A10 . (9) Not applicable. (10) See answer to part (3). (11-12) Not applicable. (13) Yes. (14) Yes. Since 1 July 2003, the Environmental Enforcement Unit has been the custodian of the databases used to record environmental incidents and complaints including the information pertaining to KCGM. (15) Not applicable.
(9) Not applicable. (10) See answer to part (3). (11-12) Not applicable. (13) Yes. (14) Yes. Since 1 July 2003, the Environmental Enforcement Unit has been the custodian of the databases used to record environmental incidents and complaints including the information pertaining to KCGM. (15) Not applicable.
(10) See answer to part (3). (11-12) Not applicable. (13) Yes. (14) Yes. Since 1 July 2003, the Environmental Enforcement Unit has been the custodian of the databases used to record environmental incidents and complaints including the information pertaining to KCGM. (15) Not applicable.
(11-12) Not applicable. (13) Yes. (14) Yes. Since 1 July 2003, the Environmental Enforcement Unit has been the custodian of the databases used to record environmental incidents and complaints including the information pertaining to KCGM. (15) Not applicable.
(13) Yes. (14) Yes. Since 1 July 2003, the Environmental Enforcement Unit has been the custodian of the databases used to record environmental incidents and complaints including the information pertaining to KCGM. (15) Not applicable.
(14) Yes. Since 1 July 2003, the Environmental Enforcement Unit has been the custodian of the databases used to record environmental incidents and complaints including the information pertaining to KCGM. (15) Not applicable.
(15) Not applicable.
(1) The DoE (then the DEP) states in the article of 31 May 2002 that the DoE will be meeting with the companies to discuss the matter of late reports and inadequate information. (2) Not applicable. (3) It is not appropriate to comment on ongoing investigations. Notwithstanding, the DoE's Enforcement and Prosecution Policy, which is publicly available at www.environment.wa.gov.au , states that when choosing the appropriate enforcement action the DoE will consider amongst other factors the, "previous history of the offender with regard to the environment or compliance with DoE legislation, including frequency of offences". (4-5) Not applicable. (6) An officer of the DEP set up a sound meter on Cahill Road on 1 December 1999 and recorded sound levels for one hour. These measured levels were then compared to the assigned levels for that area. (7) Not applicable. (8) The report concluded that the noise levels measured was 10dB(A) above the assigned level for L A10 . (9) Not applicable. (10) See answer to part (3). (11-12) Not applicable. (13) Yes. (14) Yes. Since 1 July 2003, the Environmental Enforcement Unit has been the custodian of the databases used to record environmental incidents and complaints including the information pertaining to KCGM. (15) Not applicable.
(2) Not applicable. (3) It is not appropriate to comment on ongoing investigations. Notwithstanding, the DoE's Enforcement and Prosecution Policy, which is publicly available at www.environment.wa.gov.au , states that when choosing the appropriate enforcement action the DoE will consider amongst other factors the, "previous history of the offender with regard to the environment or compliance with DoE legislation, including frequency of offences". (4-5) Not applicable. (6) An officer of the DEP set up a sound meter on Cahill Road on 1 December 1999 and recorded sound levels for one hour. These measured levels were then compared to the assigned levels for that area. (7) Not applicable. (8) The report concluded that the noise levels measured was 10dB(A) above the assigned level for L A10 . (9) Not applicable. (10) See answer to part (3). (11-12) Not applicable. (13) Yes. (14) Yes. Since 1 July 2003, the Environmental Enforcement Unit has been the custodian of the databases used to record environmental incidents and complaints including the information pertaining to KCGM. (15) Not applicable.
(3) It is not appropriate to comment on ongoing investigations. Notwithstanding, the DoE's Enforcement and Prosecution Policy, which is publicly available at www.environment.wa.gov.au , states that when choosing the appropriate enforcement action the DoE will consider amongst other factors the, "previous history of the offender with regard to the environment or compliance with DoE legislation, including frequency of offences". (4-5) Not applicable. (6) An officer of the DEP set up a sound meter on Cahill Road on 1 December 1999 and recorded sound levels for one hour. These measured levels were then compared to the assigned levels for that area. (7) Not applicable. (8) The report concluded that the noise levels measured was 10dB(A) above the assigned level for L A10 . (9) Not applicable. (10) See answer to part (3). (11-12) Not applicable. (13) Yes. (14) Yes. Since 1 July 2003, the Environmental Enforcement Unit has been the custodian of the databases used to record environmental incidents and complaints including the information pertaining to KCGM. (15) Not applicable.
(4-5) Not applicable. (6) An officer of the DEP set up a sound meter on Cahill Road on 1 December 1999 and recorded sound levels for one hour. These measured levels were then compared to the assigned levels for that area. (7) Not applicable. (8) The report concluded that the noise levels measured was 10dB(A) above the assigned level for L A10 . (9) Not applicable. (10) See answer to part (3). (11-12) Not applicable. (13) Yes. (14) Yes. Since 1 July 2003, the Environmental Enforcement Unit has been the custodian of the databases used to record environmental incidents and complaints including the information pertaining to KCGM. (15) Not applicable.
(6) An officer of the DEP set up a sound meter on Cahill Road on 1 December 1999 and recorded sound levels for one hour. These measured levels were then compared to the assigned levels for that area. (7) Not applicable. (8) The report concluded that the noise levels measured was 10dB(A) above the assigned level for L A10 . (9) Not applicable. (10) See answer to part (3). (11-12) Not applicable. (13) Yes. (14) Yes. Since 1 July 2003, the Environmental Enforcement Unit has been the custodian of the databases used to record environmental incidents and complaints including the information pertaining to KCGM. (15) Not applicable.
(7) Not applicable. (8) The report concluded that the noise levels measured was 10dB(A) above the assigned level for L A10 . (9) Not applicable. (10) See answer to part (3). (11-12) Not applicable. (13) Yes. (14) Yes. Since 1 July 2003, the Environmental Enforcement Unit has been the custodian of the databases used to record environmental incidents and complaints including the information pertaining to KCGM. (15) Not applicable.
(8) The report concluded that the noise levels measured was 10dB(A) above the assigned level for L A10 . (9) Not applicable. (10) See answer to part (3). (11-12) Not applicable. (13) Yes. (14) Yes. Since 1 July 2003, the Environmental Enforcement Unit has been the custodian of the databases used to record environmental incidents and complaints including the information pertaining to KCGM. (15) Not applicable.
(9) Not applicable. (10) See answer to part (3). (11-12) Not applicable. (13) Yes. (14) Yes. Since 1 July 2003, the Environmental Enforcement Unit has been the custodian of the databases used to record environmental incidents and complaints including the information pertaining to KCGM. (15) Not applicable.
(10) See answer to part (3). (11-12) Not applicable. (13) Yes. (14) Yes. Since 1 July 2003, the Environmental Enforcement Unit has been the custodian of the databases used to record environmental incidents and complaints including the information pertaining to KCGM. (15) Not applicable.
(11-12) Not applicable. (13) Yes. (14) Yes. Since 1 July 2003, the Environmental Enforcement Unit has been the custodian of the databases used to record environmental incidents and complaints including the information pertaining to KCGM. (15) Not applicable.
(13) Yes. (14) Yes. Since 1 July 2003, the Environmental Enforcement Unit has been the custodian of the databases used to record environmental incidents and complaints including the information pertaining to KCGM. (15) Not applicable.
(14) Yes. Since 1 July 2003, the Environmental Enforcement Unit has been the custodian of the databases used to record environmental incidents and complaints including the information pertaining to KCGM. (15) Not applicable.
(15) Not applicable.
Explore WA Government Data
Search the full archive in the free dashboard, or query programmatically via API.
Explore more
Government Gazette
Appointments, regulatory notices, planning changes.
Hansard
Debates, questions, speeches and sentiment.
Tabled Papers
Reports and documents tabled in Parliament.
Committees
Committee profiles and recent reports.
Regulations
Subsidiary legislation with filters and summaries.
Bills
Proposed laws and parliamentary progress.
Acts
Current WA legislation and summaries.
Explanatory Memoranda
Bills with EMs (text/PDF) available.
Members
MP profiles, party breakdown and rankings.
Pollie Rankings
Data-driven rankings across 19 categories.
Amendment Chains
Track how schemes and regulations evolve over time.