Hon Christine Sharp requests details of chemical analysis of residue disposal areas at Alcoa's Wagerup refinery following a dust storm in 2002. Hon Ljiljanna Ravlich declines to provide the information due to legal professional privilege as it relates to an ongoing investigation.

AnsweredQoN 999Legislative Council
Asked
16 November 2004
Portfolio
Environment

QuestionView source ↗

(1) Can the minister please table the full details of the chemical analysis of residue disposal areas at the Alcoa of Australia Ltd Wagerup refinery as sampled by Dr John Ottoway of the Department of Environment in response to the dust storm at the site on 15 November 2002? (2) If not, why not? (3) What was the total number of samples taken and analysed? (4) With regard to the answer to (1), can the minister please advise what pH levels, heavy metal concentrations and radioactivity levels were found? (5) If these aspects were not included in the analysis, why not? Hon LJILJANNA RAVLICH

AnswerView source ↗

I thank the member for some notice of this question. (1) At this time, the minister is unable to provide the requested details. (2) The details cannot be provided because they were collected as part of the investigation into an alleged breach of section 49(3) of the Environmental Protection Act 1986 by Alcoa of Australia Ltd, and are subject to legal professional privilege. The prosecution is before the courts and is listed for a directions hearing on 22 November 2004. The non-release of material collected during an investigation is the approach consistently applied by the Department of Environment. (3)-(5) Not applicable.
(2) If not, why not? (3) What was the total number of samples taken and analysed? (4) With regard to the answer to (1), can the minister please advise what pH levels, heavy metal concentrations and radioactivity levels were found? (5) If these aspects were not included in the analysis, why not? Hon LJILJANNA RAVLICH replied: I thank the member for some notice of this question. (1) At this time, the minister is unable to provide the requested details. (2) The details cannot be provided because they were collected as part of the investigation into an alleged breach of section 49(3) of the Environmental Protection Act 1986 by Alcoa of Australia Ltd, and are subject to legal professional privilege. The prosecution is before the courts and is listed for a directions hearing on 22 November 2004. The non-release of material collected during an investigation is the approach consistently applied by the Department of Environment. (3)-(5) Not applicable.
(3) What was the total number of samples taken and analysed? (4) With regard to the answer to (1), can the minister please advise what pH levels, heavy metal concentrations and radioactivity levels were found? (5) If these aspects were not included in the analysis, why not? Hon LJILJANNA RAVLICH replied: I thank the member for some notice of this question. (1) At this time, the minister is unable to provide the requested details. (2) The details cannot be provided because they were collected as part of the investigation into an alleged breach of section 49(3) of the Environmental Protection Act 1986 by Alcoa of Australia Ltd, and are subject to legal professional privilege. The prosecution is before the courts and is listed for a directions hearing on 22 November 2004. The non-release of material collected during an investigation is the approach consistently applied by the Department of Environment. (3)-(5) Not applicable.
(4) With regard to the answer to (1), can the minister please advise what pH levels, heavy metal concentrations and radioactivity levels were found? (5) If these aspects were not included in the analysis, why not? Hon LJILJANNA RAVLICH replied: I thank the member for some notice of this question. (1) At this time, the minister is unable to provide the requested details. (2) The details cannot be provided because they were collected as part of the investigation into an alleged breach of section 49(3) of the Environmental Protection Act 1986 by Alcoa of Australia Ltd, and are subject to legal professional privilege. The prosecution is before the courts and is listed for a directions hearing on 22 November 2004. The non-release of material collected during an investigation is the approach consistently applied by the Department of Environment. (3)-(5) Not applicable.
(5) If these aspects were not included in the analysis, why not? Hon LJILJANNA RAVLICH replied: I thank the member for some notice of this question. (1) At this time, the minister is unable to provide the requested details. (2) The details cannot be provided because they were collected as part of the investigation into an alleged breach of section 49(3) of the Environmental Protection Act 1986 by Alcoa of Australia Ltd, and are subject to legal professional privilege. The prosecution is before the courts and is listed for a directions hearing on 22 November 2004. The non-release of material collected during an investigation is the approach consistently applied by the Department of Environment. (3)-(5) Not applicable.
Hon LJILJANNA RAVLICH replied: I thank the member for some notice of this question. (1) At this time, the minister is unable to provide the requested details. (2) The details cannot be provided because they were collected as part of the investigation into an alleged breach of section 49(3) of the Environmental Protection Act 1986 by Alcoa of Australia Ltd, and are subject to legal professional privilege. The prosecution is before the courts and is listed for a directions hearing on 22 November 2004. The non-release of material collected during an investigation is the approach consistently applied by the Department of Environment. (3)-(5) Not applicable.
I thank the member for some notice of this question. (1) At this time, the minister is unable to provide the requested details. (2) The details cannot be provided because they were collected as part of the investigation into an alleged breach of section 49(3) of the Environmental Protection Act 1986 by Alcoa of Australia Ltd, and are subject to legal professional privilege. The prosecution is before the courts and is listed for a directions hearing on 22 November 2004. The non-release of material collected during an investigation is the approach consistently applied by the Department of Environment. (3)-(5) Not applicable.
(1) At this time, the minister is unable to provide the requested details. (2) The details cannot be provided because they were collected as part of the investigation into an alleged breach of section 49(3) of the Environmental Protection Act 1986 by Alcoa of Australia Ltd, and are subject to legal professional privilege. The prosecution is before the courts and is listed for a directions hearing on 22 November 2004. The non-release of material collected during an investigation is the approach consistently applied by the Department of Environment. (3)-(5) Not applicable.
(2) The details cannot be provided because they were collected as part of the investigation into an alleged breach of section 49(3) of the Environmental Protection Act 1986 by Alcoa of Australia Ltd, and are subject to legal professional privilege. The prosecution is before the courts and is listed for a directions hearing on 22 November 2004. The non-release of material collected during an investigation is the approach consistently applied by the Department of Environment. (3)-(5) Not applicable.
(3)-(5) Not applicable.

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