Hon Paul Llewellyn's parliamentary question seeks data on ministerial conditions attached to environmental project approvals, compliance rates, breaches, and legal actions taken by the Department of Environment over the past five years. The Minister provides answers and tables a list of projects.

AnsweredQoN 4770Legislative Council
Asked
2 May 2007
Portfolio
the Environment

QuestionView source ↗

With reference to the issue of ministerial conditions and compliance thereof, I ask -
(1) How may projects approved by the Department of Environment over the past five years had ministerial conditions attached to them?
(2) Can the Minister provide a list of those projects?
(3) If no to (2), why not?
(4) Approximately how many of the abovementioned ministerial conditions are in place?
(5) Approximately how many breaches of these conditions have been recorded?
(6) How many breaches have resulted in legal action by the Department?
(7) If no breaches, as referred to in (6), why not?
(8) How many legal actions have resulted in prosecution of the entity causing the breach?
(9) Can the Minister provide a list of these prosecutions?

AnswerView source ↗

Answered
6 June 2007
Responded by
Parliamentary Secretary representing the Minister for the Environment
Response time
35 days
(2) Yes. [See Tabled Paper No ] (3) Not applicable. (4) All conditions set over the 5-year period are in place, unless they have been superseded by a changed condition. (5) The Department of Environment and Conservation has advised that there have been approximately 120 recorded non-compliances with individual elements of environmental conditions or commitments under Implementation Statements of approval. (6) There has been one prosecution mounted concerning two alleged failures to comply with an Implementation Statement Condition under Section 47(1) of the Environmental Protection Act 1986. (7) The vast majority of non-compliances are dealt with by the Department of Environment and Conservation taking steps requiring the proponent to bring the project back into compliance with the relevant Conditions. This is an option for resolution of a non-compliance set out in Section 48(4) of the Environmental Protection Act 1986. (8) One. (9) The prosecution was against a quarry and concerned the discharge of water from the quarry into a watercourse.
[See Tabled Paper No ] (3) Not applicable. (4) All conditions set over the 5-year period are in place, unless they have been superseded by a changed condition. (5) The Department of Environment and Conservation has advised that there have been approximately 120 recorded non-compliances with individual elements of environmental conditions or commitments under Implementation Statements of approval. (6) There has been one prosecution mounted concerning two alleged failures to comply with an Implementation Statement Condition under Section 47(1) of the Environmental Protection Act 1986. (7) The vast majority of non-compliances are dealt with by the Department of Environment and Conservation taking steps requiring the proponent to bring the project back into compliance with the relevant Conditions. This is an option for resolution of a non-compliance set out in Section 48(4) of the Environmental Protection Act 1986. (8) One. (9) The prosecution was against a quarry and concerned the discharge of water from the quarry into a watercourse.
(3) Not applicable. (4) All conditions set over the 5-year period are in place, unless they have been superseded by a changed condition. (5) The Department of Environment and Conservation has advised that there have been approximately 120 recorded non-compliances with individual elements of environmental conditions or commitments under Implementation Statements of approval. (6) There has been one prosecution mounted concerning two alleged failures to comply with an Implementation Statement Condition under Section 47(1) of the Environmental Protection Act 1986. (7) The vast majority of non-compliances are dealt with by the Department of Environment and Conservation taking steps requiring the proponent to bring the project back into compliance with the relevant Conditions. This is an option for resolution of a non-compliance set out in Section 48(4) of the Environmental Protection Act 1986. (8) One. (9) The prosecution was against a quarry and concerned the discharge of water from the quarry into a watercourse.
(4) All conditions set over the 5-year period are in place, unless they have been superseded by a changed condition. (5) The Department of Environment and Conservation has advised that there have been approximately 120 recorded non-compliances with individual elements of environmental conditions or commitments under Implementation Statements of approval. (6) There has been one prosecution mounted concerning two alleged failures to comply with an Implementation Statement Condition under Section 47(1) of the Environmental Protection Act 1986. (7) The vast majority of non-compliances are dealt with by the Department of Environment and Conservation taking steps requiring the proponent to bring the project back into compliance with the relevant Conditions. This is an option for resolution of a non-compliance set out in Section 48(4) of the Environmental Protection Act 1986. (8) One. (9) The prosecution was against a quarry and concerned the discharge of water from the quarry into a watercourse.
(5) The Department of Environment and Conservation has advised that there have been approximately 120 recorded non-compliances with individual elements of environmental conditions or commitments under Implementation Statements of approval. (6) There has been one prosecution mounted concerning two alleged failures to comply with an Implementation Statement Condition under Section 47(1) of the Environmental Protection Act 1986. (7) The vast majority of non-compliances are dealt with by the Department of Environment and Conservation taking steps requiring the proponent to bring the project back into compliance with the relevant Conditions. This is an option for resolution of a non-compliance set out in Section 48(4) of the Environmental Protection Act 1986. (8) One. (9) The prosecution was against a quarry and concerned the discharge of water from the quarry into a watercourse.
(6) There has been one prosecution mounted concerning two alleged failures to comply with an Implementation Statement Condition under Section 47(1) of the Environmental Protection Act 1986. (7) The vast majority of non-compliances are dealt with by the Department of Environment and Conservation taking steps requiring the proponent to bring the project back into compliance with the relevant Conditions. This is an option for resolution of a non-compliance set out in Section 48(4) of the Environmental Protection Act 1986. (8) One. (9) The prosecution was against a quarry and concerned the discharge of water from the quarry into a watercourse.
(7) The vast majority of non-compliances are dealt with by the Department of Environment and Conservation taking steps requiring the proponent to bring the project back into compliance with the relevant Conditions. This is an option for resolution of a non-compliance set out in Section 48(4) of the Environmental Protection Act 1986. (8) One. (9) The prosecution was against a quarry and concerned the discharge of water from the quarry into a watercourse.
(8) One. (9) The prosecution was against a quarry and concerned the discharge of water from the quarry into a watercourse.
(9) The prosecution was against a quarry and concerned the discharge of water from the quarry into a watercourse.

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