❓ Hon Robin Chapple questions the DEP's enforcement of environmental regulations, specifically regarding Loongana Lime, alleging inconsistent application of penalties for breaches of the Environmental Protection Act 1986. The Minister defends the DEP's actions, citing enforcement guidelines and a case-by-case assessment approach.
AnsweredQoN 778Legislative Council
QuestionView source ↗
I refer to question on notice No. 583 of March 20 2003, answers provided and a letter I understand is dated August 22 2002 sent by Tim McAuliffe, Acting Director Pollution Prevention Division from the Department of Environmental Protection (DEP) to the Manager, Loongana Lime Pty Ltd -
(1) Is it correct that part of this letter states ‘Under section 58 of the
Environmental Protection Act 1986
, it is an offence to contravene a licence condition. This offence carries a penalty of up to $125,000 with a daily penalty of up to $25,000. The Department considers that a breach of this section, or any other section, of the
Environmental Protection Act 1986
to be extremely serious’?
(2) If no to (1), will the Minister table a copy of the letter dated August 22 2002?
(3) Can the Minister explain why the DEP misleads the general public through the licence issuing process into believing that a breach of a licence condition or any section of the
Environmental Protection Act 1986
is considered by the department to be extremely serious given that on many occasions when breaches of licence conditions are identified, the DEP conveniently accommodates the offences for the polluter by stating ‘The breach is considered to be minor …’ or making a statement which is completely contradictory to when the licence was first issued?
(4) If no to (3), why not?
(1) Is it correct that part of this letter states ‘Under section 58 of the
Environmental Protection Act 1986
, it is an offence to contravene a licence condition. This offence carries a penalty of up to $125,000 with a daily penalty of up to $25,000. The Department considers that a breach of this section, or any other section, of the
Environmental Protection Act 1986
to be extremely serious’?
(2) If no to (1), will the Minister table a copy of the letter dated August 22 2002?
(3) Can the Minister explain why the DEP misleads the general public through the licence issuing process into believing that a breach of a licence condition or any section of the
Environmental Protection Act 1986
is considered by the department to be extremely serious given that on many occasions when breaches of licence conditions are identified, the DEP conveniently accommodates the offences for the polluter by stating ‘The breach is considered to be minor …’ or making a statement which is completely contradictory to when the licence was first issued?
(4) If no to (3), why not?
AnswerView source ↗
Answered
10 June 2003
Responded by
Minister for Housing and Works representing the Minister for the Environment and Heritage
Response time
26 days
(1) Yes, this is a standard paragraph on all licences issued by the Department of Environmental Protection (DEP). (2) Answered by (1). (3) The DEP considers any breach of the Environmental Protection Act 1986 as serious. Once the DEP has established a breach has occurred, appropriate enforcement actions are taken as per the DEP’s Enforcement and Prosecution Guidelines. The decision as to what level of enforcement is applicable to a particular breach will be based upon a range of factors, including the seriousness of the incident having regard to the damage to the environment caused or likely to be caused and what actions were implemented to mitigate any damage and prevent recurrence. The DEP will continue to scrutinise Loongana Lime in relation to its operations and the prevention of pollution. Issues with this site will be referred to and discussed at the proposed Community Reference Group for the Kalgoorlie area. (4) Answered by (3).
(2) Answered by (1). (3) The DEP considers any breach of the Environmental Protection Act 1986 as serious. Once the DEP has established a breach has occurred, appropriate enforcement actions are taken as per the DEP’s Enforcement and Prosecution Guidelines. The decision as to what level of enforcement is applicable to a particular breach will be based upon a range of factors, including the seriousness of the incident having regard to the damage to the environment caused or likely to be caused and what actions were implemented to mitigate any damage and prevent recurrence. The DEP will continue to scrutinise Loongana Lime in relation to its operations and the prevention of pollution. Issues with this site will be referred to and discussed at the proposed Community Reference Group for the Kalgoorlie area. (4) Answered by (3).
(3) The DEP considers any breach of the Environmental Protection Act 1986 as serious. Once the DEP has established a breach has occurred, appropriate enforcement actions are taken as per the DEP’s Enforcement and Prosecution Guidelines. The decision as to what level of enforcement is applicable to a particular breach will be based upon a range of factors, including the seriousness of the incident having regard to the damage to the environment caused or likely to be caused and what actions were implemented to mitigate any damage and prevent recurrence. The DEP will continue to scrutinise Loongana Lime in relation to its operations and the prevention of pollution. Issues with this site will be referred to and discussed at the proposed Community Reference Group for the Kalgoorlie area. (4) Answered by (3).
(4) Answered by (3).
(2) Answered by (1). (3) The DEP considers any breach of the Environmental Protection Act 1986 as serious. Once the DEP has established a breach has occurred, appropriate enforcement actions are taken as per the DEP’s Enforcement and Prosecution Guidelines. The decision as to what level of enforcement is applicable to a particular breach will be based upon a range of factors, including the seriousness of the incident having regard to the damage to the environment caused or likely to be caused and what actions were implemented to mitigate any damage and prevent recurrence. The DEP will continue to scrutinise Loongana Lime in relation to its operations and the prevention of pollution. Issues with this site will be referred to and discussed at the proposed Community Reference Group for the Kalgoorlie area. (4) Answered by (3).
(3) The DEP considers any breach of the Environmental Protection Act 1986 as serious. Once the DEP has established a breach has occurred, appropriate enforcement actions are taken as per the DEP’s Enforcement and Prosecution Guidelines. The decision as to what level of enforcement is applicable to a particular breach will be based upon a range of factors, including the seriousness of the incident having regard to the damage to the environment caused or likely to be caused and what actions were implemented to mitigate any damage and prevent recurrence. The DEP will continue to scrutinise Loongana Lime in relation to its operations and the prevention of pollution. Issues with this site will be referred to and discussed at the proposed Community Reference Group for the Kalgoorlie area. (4) Answered by (3).
(4) Answered by (3).
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