❓ A WA parliamentary question on notice addresses alleged illegal land clearing by KCGM near monitoring bores, questioning the DEC's response and seeking details on permits, potential breaches of the Environmental Protection Act, and the relevance of a hydrogen peroxide dosing plant.
AnsweredQoN 2007Legislative Council
QuestionView source ↗
I refer to photographs taken on 21 January 2010 depicting clearing of vegetation and construction of bores undertaken with exploration equipment available for viewing at www.mp.wa.gov.au/rchapple/Kaltails, a document dated 3 December 2009 titled, ‘KCGM Mining Proposal and Works Approval Application’, a media statement dated 1 May 2005 titled ‘Unauthorised native vegetation clearing conviction’, and another dated 30 November 2009 titled ‘illegal land clearers fined $10000 each’, -
(1) Can the Minister explain why the Department of Environment and Conservation (DEC) has on numerous occasions been warning people with various media statements for the last five years that people who illegally clear land could be subject to substantial fines if found guilty?
(2) If no to (1), why not?
(3) Can the Minister provide the specific date on which the DEC gave the prior written permission to clear and damage vegetation in the vicinity of the monitoring bores as shown on page 44 of the document dated 3 December 2009 referred to above?
(4) If no to (3), why not?
(5) If yes to (3), will the Minister table a copy of the letter or permit of authorisation from the DEC?
(6) Have KCGM employees/contractors breached sections 51 C, 99Q or any other sections of the
Environmental Protection Act 1986
in clearing and damaging vegetation in the vicinity of the monitoring bores as shown on page 44 of the document dated 3 December 2009 referred to above?
(7) If no to (6), why not?
(8) If yes to (6), will KCGM be prosecuted?
(9) Will the Minister ensure that any investigation into alleged clearing of vegetation and construction of monitoring bores is undertaken and completed before the statute of limitations expires in order to commence any prosecution action?
(10) If no to (9), why not?
(11) Is it correct that a hydrogen peroxide dosing plant is going to be constructed and operated as part of the proposal dated 3 December 2009 referred to above?
(12) If yes to (11), what is the relevance and purpose of this plant under the
Environmental Protection Act 1986
?
(1) Can the Minister explain why the Department of Environment and Conservation (DEC) has on numerous occasions been warning people with various media statements for the last five years that people who illegally clear land could be subject to substantial fines if found guilty?
(2) If no to (1), why not?
(3) Can the Minister provide the specific date on which the DEC gave the prior written permission to clear and damage vegetation in the vicinity of the monitoring bores as shown on page 44 of the document dated 3 December 2009 referred to above?
(4) If no to (3), why not?
(5) If yes to (3), will the Minister table a copy of the letter or permit of authorisation from the DEC?
(6) Have KCGM employees/contractors breached sections 51 C, 99Q or any other sections of the
Environmental Protection Act 1986
in clearing and damaging vegetation in the vicinity of the monitoring bores as shown on page 44 of the document dated 3 December 2009 referred to above?
(7) If no to (6), why not?
(8) If yes to (6), will KCGM be prosecuted?
(9) Will the Minister ensure that any investigation into alleged clearing of vegetation and construction of monitoring bores is undertaken and completed before the statute of limitations expires in order to commence any prosecution action?
(10) If no to (9), why not?
(11) Is it correct that a hydrogen peroxide dosing plant is going to be constructed and operated as part of the proposal dated 3 December 2009 referred to above?
(12) If yes to (11), what is the relevance and purpose of this plant under the
Environmental Protection Act 1986
?
AnswerView source ↗
Answered
21 April 2010
Responded by
Minister for Environment
Response time
29 days
(1) Since the commencement of the clearing provisions under the
Environmental Protection Act 1986,
media statements have been released from time to time to help improve the community's awareness and compliance with these provisions.
(2) Not applicable.
(3) No.
(4) I am advised by the Department of Environment and Conservation that the matter is currently under investigation. Under a delegation of the clearing provisions of the
Environmental Protection Act 1986
, the Department of Mines and Petroleum undertakes assessment of clearing permit applications and also investigates incidents of alleged unlawful clearing for mining and petroleum related activities. I am advised that once the investigation has been completed, the matter will be referred to DEC, in accordance with the delegation, to determine if further action is required.
(5) Not applicable.
(6) This is unknown as the investigation has not been finalised.
(7) Not applicable
(8) The matter is still under investigation. Investigations into reports of breaches of the clearing provisions are carried out in accordance with DEC's Enforcement and Prosecution Policy 2008
.
Subject to the outcome of the investigation, any further action will be taken in accordance with that policy.
(9) There is no time limit to commence or complete prosecution action under section 51C of the
Environmental Protection Act 1986
. I am advised that the investigation will be carried out in a timely manner.
(10) Not applicable.
(11) Yes.
(12) The hydrogen peroxide dosing facility is primarily used to remove any residual cyanide that, if present, may cause process difficulties within the Fimiston mill. I have been advised by DEC that the hydrogen peroxide dosing facility is of negligible relevance under the
Environmental Protection Act 1986
providing it is constructed in accordance with Australian Standards.
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Environmental Protection Act 1986,
media statements have been released from time to time to help improve the community's awareness and compliance with these provisions.
(2) Not applicable.
(3) No.
(4) I am advised by the Department of Environment and Conservation that the matter is currently under investigation. Under a delegation of the clearing provisions of the
Environmental Protection Act 1986
, the Department of Mines and Petroleum undertakes assessment of clearing permit applications and also investigates incidents of alleged unlawful clearing for mining and petroleum related activities. I am advised that once the investigation has been completed, the matter will be referred to DEC, in accordance with the delegation, to determine if further action is required.
(5) Not applicable.
(6) This is unknown as the investigation has not been finalised.
(7) Not applicable
(8) The matter is still under investigation. Investigations into reports of breaches of the clearing provisions are carried out in accordance with DEC's Enforcement and Prosecution Policy 2008
.
Subject to the outcome of the investigation, any further action will be taken in accordance with that policy.
(9) There is no time limit to commence or complete prosecution action under section 51C of the
Environmental Protection Act 1986
. I am advised that the investigation will be carried out in a timely manner.
(10) Not applicable.
(11) Yes.
(12) The hydrogen peroxide dosing facility is primarily used to remove any residual cyanide that, if present, may cause process difficulties within the Fimiston mill. I have been advised by DEC that the hydrogen peroxide dosing facility is of negligible relevance under the
Environmental Protection Act 1986
providing it is constructed in accordance with Australian Standards.
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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