❓ A WA parliamentary question on notice regarding environmental regulations, specifically concerning hydrogen fluoride emissions from Midland Brick and dolphin tour operator licensing at Monkey Mia. The response reveals a lack of legal advice in a key decision and defers responsibility for jetty management to the local shire.
AnsweredQoN 1377Legislative Assembly
QuestionView source ↗
Given recommendation 18 of the “REVIEW OF THE ENFORCEMENT AND PROSECUTION GUIDELINES OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION OF WESTERN AUSTRALIA” by Dr Brian Robinson in February 2003 recommends -
“ enforceable model standard conditions for approvals, licences and, where appropriate, notices should be prepared and settled on legal advice” I ask -
(1) What legal advice was used in 2004 when the department reviewed the licence requirements of Midland Brick to allow a five hundred percent increase in hydrogen fluoride emissions?
Given the removal of one of two licences for operators of dolphin tours within the four kilometre limit of Monkey Mia I ask -
(2) What restrictions will be placed on whichever of the two current operators fail to renew their licence in the greater Shark Bay area including the possible granting of other licences for areas outside the four kilometre limit?
(3) Will that unsuccessful operator still be able to use the jetty facilities and Monkey Mia to load and offload passengers?
“ enforceable model standard conditions for approvals, licences and, where appropriate, notices should be prepared and settled on legal advice” I ask -
(1) What legal advice was used in 2004 when the department reviewed the licence requirements of Midland Brick to allow a five hundred percent increase in hydrogen fluoride emissions?
Given the removal of one of two licences for operators of dolphin tours within the four kilometre limit of Monkey Mia I ask -
(2) What restrictions will be placed on whichever of the two current operators fail to renew their licence in the greater Shark Bay area including the possible granting of other licences for areas outside the four kilometre limit?
(3) Will that unsuccessful operator still be able to use the jetty facilities and Monkey Mia to load and offload passengers?
AnswerView source ↗
Answered
12 September 2006
Responded by
Minister for the Environment
Response time
28 days
1.
Legal advice was not sought in that instance as it was not considered necessary at that time. The Department of Environment and Conservation seeks legal advice on conditions where is considers this appropriate.
2.
Any application for a licence from an unsuccessful applicant for the restricted licence will be treated on its merits and if granted, the standard conditions applied to all other licence holders who operate outside the restricted zone would apply.
3. The jetty is managed by the Shire of Shark Bay, not the Department of Environment and Conservation.
Legal advice was not sought in that instance as it was not considered necessary at that time. The Department of Environment and Conservation seeks legal advice on conditions where is considers this appropriate.
2.
Any application for a licence from an unsuccessful applicant for the restricted licence will be treated on its merits and if granted, the standard conditions applied to all other licence holders who operate outside the restricted zone would apply.
3. The jetty is managed by the Shire of Shark Bay, not the Department of Environment and Conservation.
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