❓ A WA parliamentary question probes the government's communication with Burrup industries regarding potential future emission regulations based on rock art monitoring, referencing a NAFTA case where a company sought compensation for regulatory changes.
AnsweredQoN 670Legislative Council
QuestionView source ↗
With regard to the Burrup Rock Art Monitoring Research Workshop held in Dampier on Saturday, March 29 2003. It was stated that should the Rock Art Monitoring committee come to a view after the four years of the study period that there is an impact on the Rock Art, then Burrup industry would be required to regulate their emissions accordingly -
(1) Is the Burrup industry aware that they may in the future be required to retrofit their plants with technology yet to be devised that will limit their emissions?
(2) If no to (1), how will the Minister instruct the Burrup industries to comply with any future environmental regulatory changes without exposing the Government of the day to litigation?
(3) Are the Burrup industries being advised in writing of the possible changes to their licence to operate should the Rock Art Monitoring committee find a need to control certain emissions?
(4) If no to (3), why not?
(5) Is the Minister aware of the legal action taken by Methanex (
Methanex
vs. the United States of America
) in which
,
as a result of
as a result of changes in pollutant legislation, they are seeking compensation of $970 million from the U.S. Government for loss of future profits?
(1) Is the Burrup industry aware that they may in the future be required to retrofit their plants with technology yet to be devised that will limit their emissions?
(2) If no to (1), how will the Minister instruct the Burrup industries to comply with any future environmental regulatory changes without exposing the Government of the day to litigation?
(3) Are the Burrup industries being advised in writing of the possible changes to their licence to operate should the Rock Art Monitoring committee find a need to control certain emissions?
(4) If no to (3), why not?
(5) Is the Minister aware of the legal action taken by Methanex (
Methanex
vs. the United States of America
) in which
,
as a result of
as a result of changes in pollutant legislation, they are seeking compensation of $970 million from the U.S. Government for loss of future profits?
AnswerView source ↗
Answered
6 May 2003
Responded by
Minister for Housing and Works representing the Minister for the Environment and Heritage
Response time
27 days
(1) Representatives of the Burrup Industry and the Karratha Chamber of Commerce were present at the Burrup Art Rock Monitoring Research Workshop held in Dampier on 29 March 2003. (2) Not applicable. (3) Appropriate action will be taken at the proper time, including when any requirements for control are demonstrated. (4) Answered by (3). (5) I am aware that Methanex is seeking damages against the United States of America, under the North American Free Trade Agreement. The company has posted details concerning the case on its website, including the Statement of Claim.
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