❓ Hon Giz Watson questions the Minister for Environment regarding a cement/lime manufacturing licence in Nowergup, its inactivity, and proximity to a controversial quarry proposal, raising concerns about environmental impact and planning inconsistencies.
AnsweredQoN 2386Legislative Council
QuestionView source ↗
Regarding the issuing of a licence for a category 43 cement or lime manufacturing premises, on Lot 52 Dunstan Road Nowergup, I ask -
(1) Is the Minister aware of a licence being continuously issued by the Department of Environment, to Lime Industries at Lot 52 Dunstan Road Nowergup, since 1973?
(2) If no to (1), why not?
(3) If yes to (1), will the Minister explain why the licence has been granted even though there has been no activity on this site since 2001?
(4) Is the Minister aware that the location of this proposed site is adjacent to the proposal to establish a new limestone quarry and concrete batching plant at Lot 1 Nowergup Road, Nowergup?
(5) If no to (4), why not?
(6) If yes to (4), is the Minister aware that, -
(a) the City of Wanneroo received over 250 submissions opposing the proposal to establish this new quarry; and
(b) that the City of Wanneroo has rejected this development application, and recommended that the Western Australian Planning Commission (WAPC) does so as well?
(7) If no to (6)(a) and (6)(b), why not?
(8) Is the Minister aware that in ‘The Future of East Wanneroo Strategy,’ released by the WAPC in August 2007, recommendation 6.4 was made that, the City of Wanneroo initiate further detailed local planning for a special use/small lot rural subdivision area, along Wanneroo Road and a small lot rural subdivision/landscape protection area, in the north-west of east Wanneroo (Nowergup and Carabooda areas)?
(9) If no to (8), why not?
(10) Is the Minister aware that the City of Wanneroo is currently actioning the recommendation of a Landscape Enhancement Zone in Carabooda and Nowergup as voted for unanimously at the Council Meeting of 6 April 2010?
(11) If no to (10), why not?
(12) Is the Minister aware that the City of Wanneroo has forwarded the amendment to the District Planning Scheme No.2 to, -
(a) the Environmental Protection Authority (EPA) for formal comment; and
(b) the Western Australian Planning Commission for consent to advertise the amendment for public comment?
(13) If no to (12)(a) and (12)(b), why not?
(14) Is the Minister aware that, -
(a) this development application lies within the area identified above;
(b) the proposal for a quarry is adjacent to Neerabup National Park, and the Nowergup Lake and Fauna Sanctuary; and
(c) that the Parks and Reserves of Yanchep and Neerabup Draft Management Plan 2010 includes a proposal for Nowergup Lake and Fauna Sanctuary to be included as part of the Neerabup National Park?
(15) If no to (14)(a), (14)(b) and (14)(c), why not?
(16) Has the Minister dismissed any appeals against the decision by the EPA not to formally assess the proposal?
(17) If yes to (16), why?
(18) Will the Minister explain if the City of Wanneroo, has rejected the proposal due to the environmental impact and is now seeking to protect this area from quarrying, by creating a Landscape Enhancement Zone, why the EPA may not do the same as initially recommended by the WAPC?
(1) Is the Minister aware of a licence being continuously issued by the Department of Environment, to Lime Industries at Lot 52 Dunstan Road Nowergup, since 1973?
(2) If no to (1), why not?
(3) If yes to (1), will the Minister explain why the licence has been granted even though there has been no activity on this site since 2001?
(4) Is the Minister aware that the location of this proposed site is adjacent to the proposal to establish a new limestone quarry and concrete batching plant at Lot 1 Nowergup Road, Nowergup?
(5) If no to (4), why not?
(6) If yes to (4), is the Minister aware that, -
(a) the City of Wanneroo received over 250 submissions opposing the proposal to establish this new quarry; and
(b) that the City of Wanneroo has rejected this development application, and recommended that the Western Australian Planning Commission (WAPC) does so as well?
(7) If no to (6)(a) and (6)(b), why not?
(8) Is the Minister aware that in ‘The Future of East Wanneroo Strategy,’ released by the WAPC in August 2007, recommendation 6.4 was made that, the City of Wanneroo initiate further detailed local planning for a special use/small lot rural subdivision area, along Wanneroo Road and a small lot rural subdivision/landscape protection area, in the north-west of east Wanneroo (Nowergup and Carabooda areas)?
(9) If no to (8), why not?
(10) Is the Minister aware that the City of Wanneroo is currently actioning the recommendation of a Landscape Enhancement Zone in Carabooda and Nowergup as voted for unanimously at the Council Meeting of 6 April 2010?
(11) If no to (10), why not?
(12) Is the Minister aware that the City of Wanneroo has forwarded the amendment to the District Planning Scheme No.2 to, -
(a) the Environmental Protection Authority (EPA) for formal comment; and
(b) the Western Australian Planning Commission for consent to advertise the amendment for public comment?
(13) If no to (12)(a) and (12)(b), why not?
(14) Is the Minister aware that, -
(a) this development application lies within the area identified above;
(b) the proposal for a quarry is adjacent to Neerabup National Park, and the Nowergup Lake and Fauna Sanctuary; and
(c) that the Parks and Reserves of Yanchep and Neerabup Draft Management Plan 2010 includes a proposal for Nowergup Lake and Fauna Sanctuary to be included as part of the Neerabup National Park?
(15) If no to (14)(a), (14)(b) and (14)(c), why not?
(16) Has the Minister dismissed any appeals against the decision by the EPA not to formally assess the proposal?
(17) If yes to (16), why?
(18) Will the Minister explain if the City of Wanneroo, has rejected the proposal due to the environmental impact and is now seeking to protect this area from quarrying, by creating a Landscape Enhancement Zone, why the EPA may not do the same as initially recommended by the WAPC?
AnswerView source ↗
Answered
23 June 2010
Responded by
Minister for Environment
Response time
48 days
(1-2) The Department of Environment and Conservation (DEC) has advised that licences under the
Clean Air Act 1964
and the
Environmental Protection Act 1986
have been issued for the premises, for various periods from 1967 to the present time.
(3) This premises is currently under care and maintenance. Under the Environmental Protection Act, there is no requirement for the holder of a licence to operate, providing the annual licence fee is paid.
(4-7) Yes. The proposal for limestone extractive industry and batching plant on Lot 1 Wanneroo Road Gnowergup was referred to the Environmental Protection Authority (EPA). The EPA set the level of assessment as Not Assessed - Managed under Part V of the Environmental Protection Act (Works Approval and clearing of native vegetation) on 29 September 2009. In my appeal determination I noted that there was strong public interest in the development application submitted to the City of Wanneroo however, I received only 2 appeals against the EPA's decision. I also noted that the City of Wanneroo had refused to grant the development approval. This occurred after the EPA had decided not to assess the proposal.
I dismissed the appeals on 30 March 2010. The reasons for my decision are publicly available on the Appeals Convenor's website
www.appealsconvenor.wa.gov.au
. I have been advised that DEC has not subsequently received an application for a new limestone quarry and concrete batching plant at this location.
(8-9) This was discussed in my appeal determination.
(10-11) Amendment to incorporate this zone is required to be referred to the EPA in accordance with statutory processes.
(12)(a) Yes. Section 81 of the Planning and Development Act 2005 requires that when a local authority has resolved to prepare an amendment, the amendment is to be referred to the EPA.
Section 48A of the
Environmental Protection Act 1986
requires that when an amendment is referred to the EPA, the EPA shall consider to assess, not assess or decide that the amendment is incapable of being made environmentally acceptable.
Amendment 108 to the City of Wanneroo District Planning Scheme No. 2 was referred to the EPA on 27 April 2010. The EPA decided to not assess Amendment 108 under section 48A of the
Environmental Protection Act
1986
on 5 May 2010.
(b) No.
(13) See the answer to (12).
(14)(a)-(b) Yes. This was discussed in my appeal determination.
(c) Yes.
(15)(a)-(c) Not applicable.
(16) Yes. See answer to 4.
(17) The reasons for my decision are publicly available on the Appeals Convenor's website
www.appealsconvenor.wa.gov.au
.
(18) This is discussed in my appeal determination. The EPA concluded that the potential environmental impacts of the proposal for the limestone extractive industry and batching plant are not so significant as to warrant formal environmental impact assessment under Part IV of the Environmental Protection Act.
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
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Clean Air Act 1964
and the
Environmental Protection Act 1986
have been issued for the premises, for various periods from 1967 to the present time.
(3) This premises is currently under care and maintenance. Under the Environmental Protection Act, there is no requirement for the holder of a licence to operate, providing the annual licence fee is paid.
(4-7) Yes. The proposal for limestone extractive industry and batching plant on Lot 1 Wanneroo Road Gnowergup was referred to the Environmental Protection Authority (EPA). The EPA set the level of assessment as Not Assessed - Managed under Part V of the Environmental Protection Act (Works Approval and clearing of native vegetation) on 29 September 2009. In my appeal determination I noted that there was strong public interest in the development application submitted to the City of Wanneroo however, I received only 2 appeals against the EPA's decision. I also noted that the City of Wanneroo had refused to grant the development approval. This occurred after the EPA had decided not to assess the proposal.
I dismissed the appeals on 30 March 2010. The reasons for my decision are publicly available on the Appeals Convenor's website
www.appealsconvenor.wa.gov.au
. I have been advised that DEC has not subsequently received an application for a new limestone quarry and concrete batching plant at this location.
(8-9) This was discussed in my appeal determination.
(10-11) Amendment to incorporate this zone is required to be referred to the EPA in accordance with statutory processes.
(12)(a) Yes. Section 81 of the Planning and Development Act 2005 requires that when a local authority has resolved to prepare an amendment, the amendment is to be referred to the EPA.
Section 48A of the
Environmental Protection Act 1986
requires that when an amendment is referred to the EPA, the EPA shall consider to assess, not assess or decide that the amendment is incapable of being made environmentally acceptable.
Amendment 108 to the City of Wanneroo District Planning Scheme No. 2 was referred to the EPA on 27 April 2010. The EPA decided to not assess Amendment 108 under section 48A of the
Environmental Protection Act
1986
on 5 May 2010.
(b) No.
(13) See the answer to (12).
(14)(a)-(b) Yes. This was discussed in my appeal determination.
(c) Yes.
(15)(a)-(c) Not applicable.
(16) Yes. See answer to 4.
(17) The reasons for my decision are publicly available on the Appeals Convenor's website
www.appealsconvenor.wa.gov.au
.
(18) This is discussed in my appeal determination. The EPA concluded that the potential environmental impacts of the proposal for the limestone extractive industry and batching plant are not so significant as to warrant formal environmental impact assessment under Part IV of the Environmental Protection Act.
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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