❓ The WA Parliament Question on Notice reveals the number and details of prosecutions under the Environmental Protection Act for non-compliance with Ministerial, works approval, and licence conditions over the past five years. It highlights a low number of prosecutions and a mixed success rate.
AnsweredQoN 3998Legislative Assembly
QuestionView source ↗
(1) How
many prosecutions for non-compliance of Ministerial conditions or works
approval and licence conditions occurred under the Environmental Protection Act in each of the last five years? (2) In
each case, what were the circumstances and were the prosecutions successful?
many prosecutions for non-compliance of Ministerial conditions or works
approval and licence conditions occurred under the Environmental Protection Act in each of the last five years? (2) In
each case, what were the circumstances and were the prosecutions successful?
AnswerView source ↗
Answered
16 June 2015
Responded by
Minister for Environment
Response time
55 days
(1) In the last five years the Department of Environment Regulation (DER) has initiated seven prosecutions for contraventions of licence conditions; two in 2010, one in 2011, four in 2012 and none between 2013 - 2015. DER has not initiated any prosecutions for contraventions of conditions of works approvals.
The Office of the Environmental Protection Authority (OEPA) has not initiated any prosecutions for non-compliance of Ministerial conditions in the last five years.
(2) 3 June 2010 - Milind Pty Ltd (Non-Organics Disposals) contravened three licence conditions concerning the burning of waste, failure to extinguish fires and the acceptance and management of waste. Convicted of one offence.
20 October 2010 - Shire of Dardanup (Dardanup Landfill) contravened a licence condition relating to the burning of waste. Prosecution Withdrawn.
22 September 2011 - Cockburn Cement Limited contravened a licence condition relating to the disposal of lime kiln dust. Prosecution Withdrawn.
26 April 2012 - Eclipse Resources Pty Ltd, 16 contraventions of licence conditions by failing to pay landfill levies between 2009 and 2011 as per the
Waste Avoidance and Resource Recovery Act 2007
and the
Waste Avoidance and Resource Recovery Regulations 2008
. Prosecutions Withdrawn.
22 June 2012 - Rodney Arthur Howe contravened a licence condition by failing to submit annual report. Convicted.
17 October 2012 - Jongro Pty Ltd (Crown Mushrooms) contravened a licence condition by failing to ensure that odour from the premises did not unreasonably interfere with any person who was not on the premises. Prosecution Withdrawn.
21 December 2012 - Alcoa of Australia Limited contravened a licence condition by failing to ensure that no visible dust generated from the bauxite milling, storage, transfer or refining process crosses the boundary of the premises. Convicted.
The Office of the Environmental Protection Authority (OEPA) has not initiated any prosecutions for non-compliance of Ministerial conditions in the last five years.
(2) 3 June 2010 - Milind Pty Ltd (Non-Organics Disposals) contravened three licence conditions concerning the burning of waste, failure to extinguish fires and the acceptance and management of waste. Convicted of one offence.
20 October 2010 - Shire of Dardanup (Dardanup Landfill) contravened a licence condition relating to the burning of waste. Prosecution Withdrawn.
22 September 2011 - Cockburn Cement Limited contravened a licence condition relating to the disposal of lime kiln dust. Prosecution Withdrawn.
26 April 2012 - Eclipse Resources Pty Ltd, 16 contraventions of licence conditions by failing to pay landfill levies between 2009 and 2011 as per the
Waste Avoidance and Resource Recovery Act 2007
and the
Waste Avoidance and Resource Recovery Regulations 2008
. Prosecutions Withdrawn.
22 June 2012 - Rodney Arthur Howe contravened a licence condition by failing to submit annual report. Convicted.
17 October 2012 - Jongro Pty Ltd (Crown Mushrooms) contravened a licence condition by failing to ensure that odour from the premises did not unreasonably interfere with any person who was not on the premises. Prosecution Withdrawn.
21 December 2012 - Alcoa of Australia Limited contravened a licence condition by failing to ensure that no visible dust generated from the bauxite milling, storage, transfer or refining process crosses the boundary of the premises. Convicted.
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