❓ This WA parliamentary question seeks information on legal actions involving the Department of Conservation and Land Management. The answer provides an update to a previous question, including corrections and details of various court cases related to worker's compensation, public liability, and debt disputes.
AnsweredQoN 25Legislative Council
QuestionView source ↗
(b) 2002; or (c) 2003?
(c) 2003?
(c) 2003?
AnswerView source ↗
Answered
3 May 2005
Responded by
Minister for Education and Training representing the Minister for the Environment
Response time
35 days
The following answer does not include prosecutions under the Wildlife Conservation Act. (1) (a) - (c) Yes (2) The following information is an update of the answer provided to Question 608 of 7 May 2003. In compiling this information the Executive Director of the Department of Conservation and Land Management has noted two omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were an administrative error and are regretted. Workers Compensation: District Court Action 3052/01: J Gallager - v - Executive Director Department of Conservation and Land Management Date of Injury: 13 October 1999 Status: Finalised 14 March 2002 District Court Action 1345/02: F Ainsworth - v - Executive Director Department of Conservation and Land Management Date of Injury: 1 March 1998 Status: Finalised 15 January 2004 Public Liability: District Court Action 1020/91: S O'Connor - v - Department of Conservation and Land Management Nature of Claim: Personal injuries Date of Incident: 18 February 1990 Status: Finalised 9 January 2002 District Court Action 2615/95: M Uyen - v - Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 15 September 1994 Status: Finalised 11 June 2002 District Court Action 3522/97: McFarlane & Others - v - State of WA; Shire of Augusta-Margaret River; Executive Director Department of Conservation and Land Management; Minister for Education Nature of Claim: Fatalities (Gracetown Cliff Collapse) - Alleged negligence Date of Incident: 27 September 1996 Status: Dismissed 7 December 2004 Supreme Court Action 1232/00: Smith & Armstrong - v - Executive Director Department of Conservation and Land Management Nature of Claim: Property Damage - Alleged Negligence Date of Incident: 3 January 1997 Status: Plaintiffs discontinued 11 September 2002 (costs to be awarded to Defendant) District Court Action 680/01: R Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Finalised 16 March 2005 District Court Action 4433/97: D Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Neglilgence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L Spry - v -Mitting and Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 District Court Action 2522/02: K Latto - v - Executive Director Department of Conservation and Land Management. Omitted from answer to Question 608 of 2003 due to action having lain dormant for a considerable time. Nature of Claim: Personal Injuries Date of Incident: 12 August 2000 Status: Finalised 20 October 2003 District Court Action 344/03: J Carragher - v - Executive Director Department of Conservation and Land Management. Note that this action was initiated after Question 608 of 2003 was answered. Nature of Claim: Personal Injuries Date of Incident: 16 June 2002 Status: Withdrawn 20 October 2004 Dispute over Liability for a Debt: District Court Action 135/2001: Executive Director Department of Conservation and Land Management - v - Peter Milne & Yvonne Downie. Omitted in error from answer to question 608 of 2003. Nature of Claim: Debt Owing Status: Withdrawn 25 July 2002 Civil Action: Supreme Court Action CIV2522 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relating to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: Application refused, 23 November 2001 Supreme Court Action CIV2370 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Status: Finalised 23 June 2003 Department for the Environment (1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
(1) (a) - (c) Yes (2) The following information is an update of the answer provided to Question 608 of 7 May 2003. In compiling this information the Executive Director of the Department of Conservation and Land Management has noted two omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were an administrative error and are regretted. Workers Compensation: District Court Action 3052/01: J Gallager - v - Executive Director Department of Conservation and Land Management Date of Injury: 13 October 1999 Status: Finalised 14 March 2002 District Court Action 1345/02: F Ainsworth - v - Executive Director Department of Conservation and Land Management Date of Injury: 1 March 1998 Status: Finalised 15 January 2004 Public Liability: District Court Action 1020/91: S O'Connor - v - Department of Conservation and Land Management Nature of Claim: Personal injuries Date of Incident: 18 February 1990 Status: Finalised 9 January 2002 District Court Action 2615/95: M Uyen - v - Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 15 September 1994 Status: Finalised 11 June 2002 District Court Action 3522/97: McFarlane & Others - v - State of WA; Shire of Augusta-Margaret River; Executive Director Department of Conservation and Land Management; Minister for Education Nature of Claim: Fatalities (Gracetown Cliff Collapse) - Alleged negligence Date of Incident: 27 September 1996 Status: Dismissed 7 December 2004 Supreme Court Action 1232/00: Smith & Armstrong - v - Executive Director Department of Conservation and Land Management Nature of Claim: Property Damage - Alleged Negligence Date of Incident: 3 January 1997 Status: Plaintiffs discontinued 11 September 2002 (costs to be awarded to Defendant) District Court Action 680/01: R Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Finalised 16 March 2005 District Court Action 4433/97: D Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Neglilgence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L Spry - v -Mitting and Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 District Court Action 2522/02: K Latto - v - Executive Director Department of Conservation and Land Management. Omitted from answer to Question 608 of 2003 due to action having lain dormant for a considerable time. Nature of Claim: Personal Injuries Date of Incident: 12 August 2000 Status: Finalised 20 October 2003 District Court Action 344/03: J Carragher - v - Executive Director Department of Conservation and Land Management. Note that this action was initiated after Question 608 of 2003 was answered. Nature of Claim: Personal Injuries Date of Incident: 16 June 2002 Status: Withdrawn 20 October 2004 Dispute over Liability for a Debt: District Court Action 135/2001: Executive Director Department of Conservation and Land Management - v - Peter Milne & Yvonne Downie. Omitted in error from answer to question 608 of 2003. Nature of Claim: Debt Owing Status: Withdrawn 25 July 2002 Civil Action: Supreme Court Action CIV2522 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relating to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: Application refused, 23 November 2001 Supreme Court Action CIV2370 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Status: Finalised 23 June 2003 Department for the Environment (1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
(2) The following information is an update of the answer provided to Question 608 of 7 May 2003. In compiling this information the Executive Director of the Department of Conservation and Land Management has noted two omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were an administrative error and are regretted. Workers Compensation: District Court Action 3052/01: J Gallager - v - Executive Director Department of Conservation and Land Management Date of Injury: 13 October 1999 Status: Finalised 14 March 2002 District Court Action 1345/02: F Ainsworth - v - Executive Director Department of Conservation and Land Management Date of Injury: 1 March 1998 Status: Finalised 15 January 2004 Public Liability: District Court Action 1020/91: S O'Connor - v - Department of Conservation and Land Management Nature of Claim: Personal injuries Date of Incident: 18 February 1990 Status: Finalised 9 January 2002 District Court Action 2615/95: M Uyen - v - Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 15 September 1994 Status: Finalised 11 June 2002 District Court Action 3522/97: McFarlane & Others - v - State of WA; Shire of Augusta-Margaret River; Executive Director Department of Conservation and Land Management; Minister for Education Nature of Claim: Fatalities (Gracetown Cliff Collapse) - Alleged negligence Date of Incident: 27 September 1996 Status: Dismissed 7 December 2004 Supreme Court Action 1232/00: Smith & Armstrong - v - Executive Director Department of Conservation and Land Management Nature of Claim: Property Damage - Alleged Negligence Date of Incident: 3 January 1997 Status: Plaintiffs discontinued 11 September 2002 (costs to be awarded to Defendant) District Court Action 680/01: R Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Finalised 16 March 2005 District Court Action 4433/97: D Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Neglilgence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L Spry - v -Mitting and Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 District Court Action 2522/02: K Latto - v - Executive Director Department of Conservation and Land Management. Omitted from answer to Question 608 of 2003 due to action having lain dormant for a considerable time. Nature of Claim: Personal Injuries Date of Incident: 12 August 2000 Status: Finalised 20 October 2003 District Court Action 344/03: J Carragher - v - Executive Director Department of Conservation and Land Management. Note that this action was initiated after Question 608 of 2003 was answered. Nature of Claim: Personal Injuries Date of Incident: 16 June 2002 Status: Withdrawn 20 October 2004 Dispute over Liability for a Debt: District Court Action 135/2001: Executive Director Department of Conservation and Land Management - v - Peter Milne & Yvonne Downie. Omitted in error from answer to question 608 of 2003. Nature of Claim: Debt Owing Status: Withdrawn 25 July 2002 Civil Action: Supreme Court Action CIV2522 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relating to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: Application refused, 23 November 2001 Supreme Court Action CIV2370 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Status: Finalised 23 June 2003 Department for the Environment (1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Workers Compensation: District Court Action 3052/01: J Gallager - v - Executive Director Department of Conservation and Land Management Date of Injury: 13 October 1999 Status: Finalised 14 March 2002 District Court Action 1345/02: F Ainsworth - v - Executive Director Department of Conservation and Land Management Date of Injury: 1 March 1998 Status: Finalised 15 January 2004 Public Liability: District Court Action 1020/91: S O'Connor - v - Department of Conservation and Land Management Nature of Claim: Personal injuries Date of Incident: 18 February 1990 Status: Finalised 9 January 2002 District Court Action 2615/95: M Uyen - v - Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 15 September 1994 Status: Finalised 11 June 2002 District Court Action 3522/97: McFarlane & Others - v - State of WA; Shire of Augusta-Margaret River; Executive Director Department of Conservation and Land Management; Minister for Education Nature of Claim: Fatalities (Gracetown Cliff Collapse) - Alleged negligence Date of Incident: 27 September 1996 Status: Dismissed 7 December 2004 Supreme Court Action 1232/00: Smith & Armstrong - v - Executive Director Department of Conservation and Land Management Nature of Claim: Property Damage - Alleged Negligence Date of Incident: 3 January 1997 Status: Plaintiffs discontinued 11 September 2002 (costs to be awarded to Defendant) District Court Action 680/01: R Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Finalised 16 March 2005 District Court Action 4433/97: D Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Neglilgence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L Spry - v -Mitting and Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 District Court Action 2522/02: K Latto - v - Executive Director Department of Conservation and Land Management. Omitted from answer to Question 608 of 2003 due to action having lain dormant for a considerable time. Nature of Claim: Personal Injuries Date of Incident: 12 August 2000 Status: Finalised 20 October 2003 District Court Action 344/03: J Carragher - v - Executive Director Department of Conservation and Land Management. Note that this action was initiated after Question 608 of 2003 was answered. Nature of Claim: Personal Injuries Date of Incident: 16 June 2002 Status: Withdrawn 20 October 2004 Dispute over Liability for a Debt: District Court Action 135/2001: Executive Director Department of Conservation and Land Management - v - Peter Milne & Yvonne Downie. Omitted in error from answer to question 608 of 2003. Nature of Claim: Debt Owing Status: Withdrawn 25 July 2002 Civil Action: Supreme Court Action CIV2522 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relating to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: Application refused, 23 November 2001 Supreme Court Action CIV2370 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Status: Finalised 23 June 2003 Department for the Environment (1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
District Court Action 3052/01: J Gallager - v - Executive Director Department of Conservation and Land Management Date of Injury: 13 October 1999 Status: Finalised 14 March 2002 District Court Action 1345/02: F Ainsworth - v - Executive Director Department of Conservation and Land Management Date of Injury: 1 March 1998 Status: Finalised 15 January 2004 Public Liability: District Court Action 1020/91: S O'Connor - v - Department of Conservation and Land Management Nature of Claim: Personal injuries Date of Incident: 18 February 1990 Status: Finalised 9 January 2002 District Court Action 2615/95: M Uyen - v - Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 15 September 1994 Status: Finalised 11 June 2002 District Court Action 3522/97: McFarlane & Others - v - State of WA; Shire of Augusta-Margaret River; Executive Director Department of Conservation and Land Management; Minister for Education Nature of Claim: Fatalities (Gracetown Cliff Collapse) - Alleged negligence Date of Incident: 27 September 1996 Status: Dismissed 7 December 2004 Supreme Court Action 1232/00: Smith & Armstrong - v - Executive Director Department of Conservation and Land Management Nature of Claim: Property Damage - Alleged Negligence Date of Incident: 3 January 1997 Status: Plaintiffs discontinued 11 September 2002 (costs to be awarded to Defendant) District Court Action 680/01: R Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Finalised 16 March 2005 District Court Action 4433/97: D Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Neglilgence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L Spry - v -Mitting and Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 District Court Action 2522/02: K Latto - v - Executive Director Department of Conservation and Land Management. Omitted from answer to Question 608 of 2003 due to action having lain dormant for a considerable time. Nature of Claim: Personal Injuries Date of Incident: 12 August 2000 Status: Finalised 20 October 2003 District Court Action 344/03: J Carragher - v - Executive Director Department of Conservation and Land Management. Note that this action was initiated after Question 608 of 2003 was answered. Nature of Claim: Personal Injuries Date of Incident: 16 June 2002 Status: Withdrawn 20 October 2004 Dispute over Liability for a Debt: District Court Action 135/2001: Executive Director Department of Conservation and Land Management - v - Peter Milne & Yvonne Downie. Omitted in error from answer to question 608 of 2003. Nature of Claim: Debt Owing Status: Withdrawn 25 July 2002 Civil Action: Supreme Court Action CIV2522 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relating to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: Application refused, 23 November 2001 Supreme Court Action CIV2370 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Status: Finalised 23 June 2003 Department for the Environment (1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
District Court Action 1345/02: F Ainsworth - v - Executive Director Department of Conservation and Land Management Date of Injury: 1 March 1998 Status: Finalised 15 January 2004 Public Liability: District Court Action 1020/91: S O'Connor - v - Department of Conservation and Land Management Nature of Claim: Personal injuries Date of Incident: 18 February 1990 Status: Finalised 9 January 2002 District Court Action 2615/95: M Uyen - v - Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 15 September 1994 Status: Finalised 11 June 2002 District Court Action 3522/97: McFarlane & Others - v - State of WA; Shire of Augusta-Margaret River; Executive Director Department of Conservation and Land Management; Minister for Education Nature of Claim: Fatalities (Gracetown Cliff Collapse) - Alleged negligence Date of Incident: 27 September 1996 Status: Dismissed 7 December 2004 Supreme Court Action 1232/00: Smith & Armstrong - v - Executive Director Department of Conservation and Land Management Nature of Claim: Property Damage - Alleged Negligence Date of Incident: 3 January 1997 Status: Plaintiffs discontinued 11 September 2002 (costs to be awarded to Defendant) District Court Action 680/01: R Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Finalised 16 March 2005 District Court Action 4433/97: D Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Neglilgence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L Spry - v -Mitting and Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 District Court Action 2522/02: K Latto - v - Executive Director Department of Conservation and Land Management. Omitted from answer to Question 608 of 2003 due to action having lain dormant for a considerable time. Nature of Claim: Personal Injuries Date of Incident: 12 August 2000 Status: Finalised 20 October 2003 District Court Action 344/03: J Carragher - v - Executive Director Department of Conservation and Land Management. Note that this action was initiated after Question 608 of 2003 was answered. Nature of Claim: Personal Injuries Date of Incident: 16 June 2002 Status: Withdrawn 20 October 2004 Dispute over Liability for a Debt: District Court Action 135/2001: Executive Director Department of Conservation and Land Management - v - Peter Milne & Yvonne Downie. Omitted in error from answer to question 608 of 2003. Nature of Claim: Debt Owing Status: Withdrawn 25 July 2002 Civil Action: Supreme Court Action CIV2522 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relating to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: Application refused, 23 November 2001 Supreme Court Action CIV2370 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Status: Finalised 23 June 2003 Department for the Environment (1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Public Liability: District Court Action 1020/91: S O'Connor - v - Department of Conservation and Land Management Nature of Claim: Personal injuries Date of Incident: 18 February 1990 Status: Finalised 9 January 2002 District Court Action 2615/95: M Uyen - v - Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 15 September 1994 Status: Finalised 11 June 2002 District Court Action 3522/97: McFarlane & Others - v - State of WA; Shire of Augusta-Margaret River; Executive Director Department of Conservation and Land Management; Minister for Education Nature of Claim: Fatalities (Gracetown Cliff Collapse) - Alleged negligence Date of Incident: 27 September 1996 Status: Dismissed 7 December 2004 Supreme Court Action 1232/00: Smith & Armstrong - v - Executive Director Department of Conservation and Land Management Nature of Claim: Property Damage - Alleged Negligence Date of Incident: 3 January 1997 Status: Plaintiffs discontinued 11 September 2002 (costs to be awarded to Defendant) District Court Action 680/01: R Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Finalised 16 March 2005 District Court Action 4433/97: D Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Neglilgence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L Spry - v -Mitting and Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 District Court Action 2522/02: K Latto - v - Executive Director Department of Conservation and Land Management. Omitted from answer to Question 608 of 2003 due to action having lain dormant for a considerable time. Nature of Claim: Personal Injuries Date of Incident: 12 August 2000 Status: Finalised 20 October 2003 District Court Action 344/03: J Carragher - v - Executive Director Department of Conservation and Land Management. Note that this action was initiated after Question 608 of 2003 was answered. Nature of Claim: Personal Injuries Date of Incident: 16 June 2002 Status: Withdrawn 20 October 2004 Dispute over Liability for a Debt: District Court Action 135/2001: Executive Director Department of Conservation and Land Management - v - Peter Milne & Yvonne Downie. Omitted in error from answer to question 608 of 2003. Nature of Claim: Debt Owing Status: Withdrawn 25 July 2002 Civil Action: Supreme Court Action CIV2522 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relating to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: Application refused, 23 November 2001 Supreme Court Action CIV2370 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Status: Finalised 23 June 2003 Department for the Environment (1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
District Court Action 1020/91: S O'Connor - v - Department of Conservation and Land Management Nature of Claim: Personal injuries Date of Incident: 18 February 1990 Status: Finalised 9 January 2002 District Court Action 2615/95: M Uyen - v - Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 15 September 1994 Status: Finalised 11 June 2002 District Court Action 3522/97: McFarlane & Others - v - State of WA; Shire of Augusta-Margaret River; Executive Director Department of Conservation and Land Management; Minister for Education Nature of Claim: Fatalities (Gracetown Cliff Collapse) - Alleged negligence Date of Incident: 27 September 1996 Status: Dismissed 7 December 2004 Supreme Court Action 1232/00: Smith & Armstrong - v - Executive Director Department of Conservation and Land Management Nature of Claim: Property Damage - Alleged Negligence Date of Incident: 3 January 1997 Status: Plaintiffs discontinued 11 September 2002 (costs to be awarded to Defendant) District Court Action 680/01: R Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Finalised 16 March 2005 District Court Action 4433/97: D Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Neglilgence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L Spry - v -Mitting and Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 District Court Action 2522/02: K Latto - v - Executive Director Department of Conservation and Land Management. Omitted from answer to Question 608 of 2003 due to action having lain dormant for a considerable time. Nature of Claim: Personal Injuries Date of Incident: 12 August 2000 Status: Finalised 20 October 2003 District Court Action 344/03: J Carragher - v - Executive Director Department of Conservation and Land Management. Note that this action was initiated after Question 608 of 2003 was answered. Nature of Claim: Personal Injuries Date of Incident: 16 June 2002 Status: Withdrawn 20 October 2004 Dispute over Liability for a Debt: District Court Action 135/2001: Executive Director Department of Conservation and Land Management - v - Peter Milne & Yvonne Downie. Omitted in error from answer to question 608 of 2003. Nature of Claim: Debt Owing Status: Withdrawn 25 July 2002 Civil Action: Supreme Court Action CIV2522 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relating to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: Application refused, 23 November 2001 Supreme Court Action CIV2370 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Status: Finalised 23 June 2003 Department for the Environment (1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
District Court Action 2615/95: M Uyen - v - Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 15 September 1994 Status: Finalised 11 June 2002 District Court Action 3522/97: McFarlane & Others - v - State of WA; Shire of Augusta-Margaret River; Executive Director Department of Conservation and Land Management; Minister for Education Nature of Claim: Fatalities (Gracetown Cliff Collapse) - Alleged negligence Date of Incident: 27 September 1996 Status: Dismissed 7 December 2004 Supreme Court Action 1232/00: Smith & Armstrong - v - Executive Director Department of Conservation and Land Management Nature of Claim: Property Damage - Alleged Negligence Date of Incident: 3 January 1997 Status: Plaintiffs discontinued 11 September 2002 (costs to be awarded to Defendant) District Court Action 680/01: R Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Finalised 16 March 2005 District Court Action 4433/97: D Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Neglilgence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L Spry - v -Mitting and Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 District Court Action 2522/02: K Latto - v - Executive Director Department of Conservation and Land Management. Omitted from answer to Question 608 of 2003 due to action having lain dormant for a considerable time. Nature of Claim: Personal Injuries Date of Incident: 12 August 2000 Status: Finalised 20 October 2003 District Court Action 344/03: J Carragher - v - Executive Director Department of Conservation and Land Management. Note that this action was initiated after Question 608 of 2003 was answered. Nature of Claim: Personal Injuries Date of Incident: 16 June 2002 Status: Withdrawn 20 October 2004 Dispute over Liability for a Debt: District Court Action 135/2001: Executive Director Department of Conservation and Land Management - v - Peter Milne & Yvonne Downie. Omitted in error from answer to question 608 of 2003. Nature of Claim: Debt Owing Status: Withdrawn 25 July 2002 Civil Action: Supreme Court Action CIV2522 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relating to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: Application refused, 23 November 2001 Supreme Court Action CIV2370 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Status: Finalised 23 June 2003 Department for the Environment (1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
District Court Action 3522/97: McFarlane & Others - v - State of WA; Shire of Augusta-Margaret River; Executive Director Department of Conservation and Land Management; Minister for Education Nature of Claim: Fatalities (Gracetown Cliff Collapse) - Alleged negligence Date of Incident: 27 September 1996 Status: Dismissed 7 December 2004 Supreme Court Action 1232/00: Smith & Armstrong - v - Executive Director Department of Conservation and Land Management Nature of Claim: Property Damage - Alleged Negligence Date of Incident: 3 January 1997 Status: Plaintiffs discontinued 11 September 2002 (costs to be awarded to Defendant) District Court Action 680/01: R Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Finalised 16 March 2005 District Court Action 4433/97: D Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Neglilgence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L Spry - v -Mitting and Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 District Court Action 2522/02: K Latto - v - Executive Director Department of Conservation and Land Management. Omitted from answer to Question 608 of 2003 due to action having lain dormant for a considerable time. Nature of Claim: Personal Injuries Date of Incident: 12 August 2000 Status: Finalised 20 October 2003 District Court Action 344/03: J Carragher - v - Executive Director Department of Conservation and Land Management. Note that this action was initiated after Question 608 of 2003 was answered. Nature of Claim: Personal Injuries Date of Incident: 16 June 2002 Status: Withdrawn 20 October 2004 Dispute over Liability for a Debt: District Court Action 135/2001: Executive Director Department of Conservation and Land Management - v - Peter Milne & Yvonne Downie. Omitted in error from answer to question 608 of 2003. Nature of Claim: Debt Owing Status: Withdrawn 25 July 2002 Civil Action: Supreme Court Action CIV2522 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relating to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: Application refused, 23 November 2001 Supreme Court Action CIV2370 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Status: Finalised 23 June 2003 Department for the Environment (1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Supreme Court Action 1232/00: Smith & Armstrong - v - Executive Director Department of Conservation and Land Management Nature of Claim: Property Damage - Alleged Negligence Date of Incident: 3 January 1997 Status: Plaintiffs discontinued 11 September 2002 (costs to be awarded to Defendant) District Court Action 680/01: R Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Finalised 16 March 2005 District Court Action 4433/97: D Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Neglilgence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L Spry - v -Mitting and Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 District Court Action 2522/02: K Latto - v - Executive Director Department of Conservation and Land Management. Omitted from answer to Question 608 of 2003 due to action having lain dormant for a considerable time. Nature of Claim: Personal Injuries Date of Incident: 12 August 2000 Status: Finalised 20 October 2003 District Court Action 344/03: J Carragher - v - Executive Director Department of Conservation and Land Management. Note that this action was initiated after Question 608 of 2003 was answered. Nature of Claim: Personal Injuries Date of Incident: 16 June 2002 Status: Withdrawn 20 October 2004 Dispute over Liability for a Debt: District Court Action 135/2001: Executive Director Department of Conservation and Land Management - v - Peter Milne & Yvonne Downie. Omitted in error from answer to question 608 of 2003. Nature of Claim: Debt Owing Status: Withdrawn 25 July 2002 Civil Action: Supreme Court Action CIV2522 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relating to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: Application refused, 23 November 2001 Supreme Court Action CIV2370 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Status: Finalised 23 June 2003 Department for the Environment (1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
District Court Action 680/01: R Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Finalised 16 March 2005 District Court Action 4433/97: D Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Neglilgence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L Spry - v -Mitting and Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 District Court Action 2522/02: K Latto - v - Executive Director Department of Conservation and Land Management. Omitted from answer to Question 608 of 2003 due to action having lain dormant for a considerable time. Nature of Claim: Personal Injuries Date of Incident: 12 August 2000 Status: Finalised 20 October 2003 District Court Action 344/03: J Carragher - v - Executive Director Department of Conservation and Land Management. Note that this action was initiated after Question 608 of 2003 was answered. Nature of Claim: Personal Injuries Date of Incident: 16 June 2002 Status: Withdrawn 20 October 2004 Dispute over Liability for a Debt: District Court Action 135/2001: Executive Director Department of Conservation and Land Management - v - Peter Milne & Yvonne Downie. Omitted in error from answer to question 608 of 2003. Nature of Claim: Debt Owing Status: Withdrawn 25 July 2002 Civil Action: Supreme Court Action CIV2522 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relating to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: Application refused, 23 November 2001 Supreme Court Action CIV2370 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Status: Finalised 23 June 2003 Department for the Environment (1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
District Court Action 4433/97: D Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Neglilgence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L Spry - v -Mitting and Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 District Court Action 2522/02: K Latto - v - Executive Director Department of Conservation and Land Management. Omitted from answer to Question 608 of 2003 due to action having lain dormant for a considerable time. Nature of Claim: Personal Injuries Date of Incident: 12 August 2000 Status: Finalised 20 October 2003 District Court Action 344/03: J Carragher - v - Executive Director Department of Conservation and Land Management. Note that this action was initiated after Question 608 of 2003 was answered. Nature of Claim: Personal Injuries Date of Incident: 16 June 2002 Status: Withdrawn 20 October 2004 Dispute over Liability for a Debt: District Court Action 135/2001: Executive Director Department of Conservation and Land Management - v - Peter Milne & Yvonne Downie. Omitted in error from answer to question 608 of 2003. Nature of Claim: Debt Owing Status: Withdrawn 25 July 2002 Civil Action: Supreme Court Action CIV2522 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relating to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: Application refused, 23 November 2001 Supreme Court Action CIV2370 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Status: Finalised 23 June 2003 Department for the Environment (1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
District Court Action 808/01: C Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Neglilgence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L Spry - v -Mitting and Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 District Court Action 2522/02: K Latto - v - Executive Director Department of Conservation and Land Management. Omitted from answer to Question 608 of 2003 due to action having lain dormant for a considerable time. Nature of Claim: Personal Injuries Date of Incident: 12 August 2000 Status: Finalised 20 October 2003 District Court Action 344/03: J Carragher - v - Executive Director Department of Conservation and Land Management. Note that this action was initiated after Question 608 of 2003 was answered. Nature of Claim: Personal Injuries Date of Incident: 16 June 2002 Status: Withdrawn 20 October 2004 Dispute over Liability for a Debt: District Court Action 135/2001: Executive Director Department of Conservation and Land Management - v - Peter Milne & Yvonne Downie. Omitted in error from answer to question 608 of 2003. Nature of Claim: Debt Owing Status: Withdrawn 25 July 2002 Civil Action: Supreme Court Action CIV2522 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relating to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: Application refused, 23 November 2001 Supreme Court Action CIV2370 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Status: Finalised 23 June 2003 Department for the Environment (1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
District Court Action 226/00: B Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L Spry - v -Mitting and Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 District Court Action 2522/02: K Latto - v - Executive Director Department of Conservation and Land Management. Omitted from answer to Question 608 of 2003 due to action having lain dormant for a considerable time. Nature of Claim: Personal Injuries Date of Incident: 12 August 2000 Status: Finalised 20 October 2003 District Court Action 344/03: J Carragher - v - Executive Director Department of Conservation and Land Management. Note that this action was initiated after Question 608 of 2003 was answered. Nature of Claim: Personal Injuries Date of Incident: 16 June 2002 Status: Withdrawn 20 October 2004 Dispute over Liability for a Debt: District Court Action 135/2001: Executive Director Department of Conservation and Land Management - v - Peter Milne & Yvonne Downie. Omitted in error from answer to question 608 of 2003. Nature of Claim: Debt Owing Status: Withdrawn 25 July 2002 Civil Action: Supreme Court Action CIV2522 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relating to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: Application refused, 23 November 2001 Supreme Court Action CIV2370 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Status: Finalised 23 June 2003 Department for the Environment (1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
District Court of Bunbury Action 57/00: L Spry - v -Mitting and Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 District Court Action 2522/02: K Latto - v - Executive Director Department of Conservation and Land Management. Omitted from answer to Question 608 of 2003 due to action having lain dormant for a considerable time. Nature of Claim: Personal Injuries Date of Incident: 12 August 2000 Status: Finalised 20 October 2003 District Court Action 344/03: J Carragher - v - Executive Director Department of Conservation and Land Management. Note that this action was initiated after Question 608 of 2003 was answered. Nature of Claim: Personal Injuries Date of Incident: 16 June 2002 Status: Withdrawn 20 October 2004 Dispute over Liability for a Debt: District Court Action 135/2001: Executive Director Department of Conservation and Land Management - v - Peter Milne & Yvonne Downie. Omitted in error from answer to question 608 of 2003. Nature of Claim: Debt Owing Status: Withdrawn 25 July 2002 Civil Action: Supreme Court Action CIV2522 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relating to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: Application refused, 23 November 2001 Supreme Court Action CIV2370 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Status: Finalised 23 June 2003 Department for the Environment (1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
District Court Action 2522/02: K Latto - v - Executive Director Department of Conservation and Land Management. Omitted from answer to Question 608 of 2003 due to action having lain dormant for a considerable time. Nature of Claim: Personal Injuries Date of Incident: 12 August 2000 Status: Finalised 20 October 2003 District Court Action 344/03: J Carragher - v - Executive Director Department of Conservation and Land Management. Note that this action was initiated after Question 608 of 2003 was answered. Nature of Claim: Personal Injuries Date of Incident: 16 June 2002 Status: Withdrawn 20 October 2004 Dispute over Liability for a Debt: District Court Action 135/2001: Executive Director Department of Conservation and Land Management - v - Peter Milne & Yvonne Downie. Omitted in error from answer to question 608 of 2003. Nature of Claim: Debt Owing Status: Withdrawn 25 July 2002 Civil Action: Supreme Court Action CIV2522 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relating to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: Application refused, 23 November 2001 Supreme Court Action CIV2370 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Status: Finalised 23 June 2003 Department for the Environment (1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
District Court Action 344/03: J Carragher - v - Executive Director Department of Conservation and Land Management. Note that this action was initiated after Question 608 of 2003 was answered. Nature of Claim: Personal Injuries Date of Incident: 16 June 2002 Status: Withdrawn 20 October 2004 Dispute over Liability for a Debt: District Court Action 135/2001: Executive Director Department of Conservation and Land Management - v - Peter Milne & Yvonne Downie. Omitted in error from answer to question 608 of 2003. Nature of Claim: Debt Owing Status: Withdrawn 25 July 2002 Civil Action: Supreme Court Action CIV2522 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relating to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: Application refused, 23 November 2001 Supreme Court Action CIV2370 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Status: Finalised 23 June 2003 Department for the Environment (1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Dispute over Liability for a Debt: District Court Action 135/2001: Executive Director Department of Conservation and Land Management - v - Peter Milne & Yvonne Downie. Omitted in error from answer to question 608 of 2003. Nature of Claim: Debt Owing Status: Withdrawn 25 July 2002 Civil Action: Supreme Court Action CIV2522 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relating to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: Application refused, 23 November 2001 Supreme Court Action CIV2370 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Status: Finalised 23 June 2003 Department for the Environment (1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
District Court Action 135/2001: Executive Director Department of Conservation and Land Management - v - Peter Milne & Yvonne Downie. Omitted in error from answer to question 608 of 2003. Nature of Claim: Debt Owing Status: Withdrawn 25 July 2002 Civil Action: Supreme Court Action CIV2522 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relating to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: Application refused, 23 November 2001 Supreme Court Action CIV2370 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Status: Finalised 23 June 2003 Department for the Environment (1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Civil Action: Supreme Court Action CIV2522 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relating to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: Application refused, 23 November 2001 Supreme Court Action CIV2370 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Status: Finalised 23 June 2003 Department for the Environment (1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Supreme Court Action CIV2522 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relating to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: Application refused, 23 November 2001 Supreme Court Action CIV2370 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Status: Finalised 23 June 2003 Department for the Environment (1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Supreme Court Action CIV2370 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Status: Finalised 23 June 2003 Department for the Environment (1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Department for the Environment (1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
(1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
(2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
(1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
(2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
(1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
(2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
(1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
(2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Result: Finalised 23 June 2003
(1) (a) - (c) Yes (2) The following information is an update of the answer provided to Question 608 of 7 May 2003. In compiling this information the Executive Director of the Department of Conservation and Land Management has noted two omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were an administrative error and are regretted. Workers Compensation: District Court Action 3052/01: J Gallager - v - Executive Director Department of Conservation and Land Management Date of Injury: 13 October 1999 Status: Finalised 14 March 2002 District Court Action 1345/02: F Ainsworth - v - Executive Director Department of Conservation and Land Management Date of Injury: 1 March 1998 Status: Finalised 15 January 2004 Public Liability: District Court Action 1020/91: S O'Connor - v - Department of Conservation and Land Management Nature of Claim: Personal injuries Date of Incident: 18 February 1990 Status: Finalised 9 January 2002 District Court Action 2615/95: M Uyen - v - Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 15 September 1994 Status: Finalised 11 June 2002 District Court Action 3522/97: McFarlane & Others - v - State of WA; Shire of Augusta-Margaret River; Executive Director Department of Conservation and Land Management; Minister for Education Nature of Claim: Fatalities (Gracetown Cliff Collapse) - Alleged negligence Date of Incident: 27 September 1996 Status: Dismissed 7 December 2004 Supreme Court Action 1232/00: Smith & Armstrong - v - Executive Director Department of Conservation and Land Management Nature of Claim: Property Damage - Alleged Negligence Date of Incident: 3 January 1997 Status: Plaintiffs discontinued 11 September 2002 (costs to be awarded to Defendant) District Court Action 680/01: R Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Finalised 16 March 2005 District Court Action 4433/97: D Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Neglilgence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L Spry - v -Mitting and Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 District Court Action 2522/02: K Latto - v - Executive Director Department of Conservation and Land Management. Omitted from answer to Question 608 of 2003 due to action having lain dormant for a considerable time. Nature of Claim: Personal Injuries Date of Incident: 12 August 2000 Status: Finalised 20 October 2003 District Court Action 344/03: J Carragher - v - Executive Director Department of Conservation and Land Management. Note that this action was initiated after Question 608 of 2003 was answered. Nature of Claim: Personal Injuries Date of Incident: 16 June 2002 Status: Withdrawn 20 October 2004 Dispute over Liability for a Debt: District Court Action 135/2001: Executive Director Department of Conservation and Land Management - v - Peter Milne & Yvonne Downie. Omitted in error from answer to question 608 of 2003. Nature of Claim: Debt Owing Status: Withdrawn 25 July 2002 Civil Action: Supreme Court Action CIV2522 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relating to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: Application refused, 23 November 2001 Supreme Court Action CIV2370 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Status: Finalised 23 June 2003 Department for the Environment (1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
(2) The following information is an update of the answer provided to Question 608 of 7 May 2003. In compiling this information the Executive Director of the Department of Conservation and Land Management has noted two omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were an administrative error and are regretted. Workers Compensation: District Court Action 3052/01: J Gallager - v - Executive Director Department of Conservation and Land Management Date of Injury: 13 October 1999 Status: Finalised 14 March 2002 District Court Action 1345/02: F Ainsworth - v - Executive Director Department of Conservation and Land Management Date of Injury: 1 March 1998 Status: Finalised 15 January 2004 Public Liability: District Court Action 1020/91: S O'Connor - v - Department of Conservation and Land Management Nature of Claim: Personal injuries Date of Incident: 18 February 1990 Status: Finalised 9 January 2002 District Court Action 2615/95: M Uyen - v - Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 15 September 1994 Status: Finalised 11 June 2002 District Court Action 3522/97: McFarlane & Others - v - State of WA; Shire of Augusta-Margaret River; Executive Director Department of Conservation and Land Management; Minister for Education Nature of Claim: Fatalities (Gracetown Cliff Collapse) - Alleged negligence Date of Incident: 27 September 1996 Status: Dismissed 7 December 2004 Supreme Court Action 1232/00: Smith & Armstrong - v - Executive Director Department of Conservation and Land Management Nature of Claim: Property Damage - Alleged Negligence Date of Incident: 3 January 1997 Status: Plaintiffs discontinued 11 September 2002 (costs to be awarded to Defendant) District Court Action 680/01: R Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Finalised 16 March 2005 District Court Action 4433/97: D Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Neglilgence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L Spry - v -Mitting and Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 District Court Action 2522/02: K Latto - v - Executive Director Department of Conservation and Land Management. Omitted from answer to Question 608 of 2003 due to action having lain dormant for a considerable time. Nature of Claim: Personal Injuries Date of Incident: 12 August 2000 Status: Finalised 20 October 2003 District Court Action 344/03: J Carragher - v - Executive Director Department of Conservation and Land Management. Note that this action was initiated after Question 608 of 2003 was answered. Nature of Claim: Personal Injuries Date of Incident: 16 June 2002 Status: Withdrawn 20 October 2004 Dispute over Liability for a Debt: District Court Action 135/2001: Executive Director Department of Conservation and Land Management - v - Peter Milne & Yvonne Downie. Omitted in error from answer to question 608 of 2003. Nature of Claim: Debt Owing Status: Withdrawn 25 July 2002 Civil Action: Supreme Court Action CIV2522 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relating to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: Application refused, 23 November 2001 Supreme Court Action CIV2370 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Status: Finalised 23 June 2003 Department for the Environment (1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Workers Compensation: District Court Action 3052/01: J Gallager - v - Executive Director Department of Conservation and Land Management Date of Injury: 13 October 1999 Status: Finalised 14 March 2002 District Court Action 1345/02: F Ainsworth - v - Executive Director Department of Conservation and Land Management Date of Injury: 1 March 1998 Status: Finalised 15 January 2004 Public Liability: District Court Action 1020/91: S O'Connor - v - Department of Conservation and Land Management Nature of Claim: Personal injuries Date of Incident: 18 February 1990 Status: Finalised 9 January 2002 District Court Action 2615/95: M Uyen - v - Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 15 September 1994 Status: Finalised 11 June 2002 District Court Action 3522/97: McFarlane & Others - v - State of WA; Shire of Augusta-Margaret River; Executive Director Department of Conservation and Land Management; Minister for Education Nature of Claim: Fatalities (Gracetown Cliff Collapse) - Alleged negligence Date of Incident: 27 September 1996 Status: Dismissed 7 December 2004 Supreme Court Action 1232/00: Smith & Armstrong - v - Executive Director Department of Conservation and Land Management Nature of Claim: Property Damage - Alleged Negligence Date of Incident: 3 January 1997 Status: Plaintiffs discontinued 11 September 2002 (costs to be awarded to Defendant) District Court Action 680/01: R Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Finalised 16 March 2005 District Court Action 4433/97: D Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Neglilgence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L Spry - v -Mitting and Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 District Court Action 2522/02: K Latto - v - Executive Director Department of Conservation and Land Management. Omitted from answer to Question 608 of 2003 due to action having lain dormant for a considerable time. Nature of Claim: Personal Injuries Date of Incident: 12 August 2000 Status: Finalised 20 October 2003 District Court Action 344/03: J Carragher - v - Executive Director Department of Conservation and Land Management. Note that this action was initiated after Question 608 of 2003 was answered. Nature of Claim: Personal Injuries Date of Incident: 16 June 2002 Status: Withdrawn 20 October 2004 Dispute over Liability for a Debt: District Court Action 135/2001: Executive Director Department of Conservation and Land Management - v - Peter Milne & Yvonne Downie. Omitted in error from answer to question 608 of 2003. Nature of Claim: Debt Owing Status: Withdrawn 25 July 2002 Civil Action: Supreme Court Action CIV2522 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relating to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: Application refused, 23 November 2001 Supreme Court Action CIV2370 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Status: Finalised 23 June 2003 Department for the Environment (1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
District Court Action 3052/01: J Gallager - v - Executive Director Department of Conservation and Land Management Date of Injury: 13 October 1999 Status: Finalised 14 March 2002 District Court Action 1345/02: F Ainsworth - v - Executive Director Department of Conservation and Land Management Date of Injury: 1 March 1998 Status: Finalised 15 January 2004 Public Liability: District Court Action 1020/91: S O'Connor - v - Department of Conservation and Land Management Nature of Claim: Personal injuries Date of Incident: 18 February 1990 Status: Finalised 9 January 2002 District Court Action 2615/95: M Uyen - v - Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 15 September 1994 Status: Finalised 11 June 2002 District Court Action 3522/97: McFarlane & Others - v - State of WA; Shire of Augusta-Margaret River; Executive Director Department of Conservation and Land Management; Minister for Education Nature of Claim: Fatalities (Gracetown Cliff Collapse) - Alleged negligence Date of Incident: 27 September 1996 Status: Dismissed 7 December 2004 Supreme Court Action 1232/00: Smith & Armstrong - v - Executive Director Department of Conservation and Land Management Nature of Claim: Property Damage - Alleged Negligence Date of Incident: 3 January 1997 Status: Plaintiffs discontinued 11 September 2002 (costs to be awarded to Defendant) District Court Action 680/01: R Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Finalised 16 March 2005 District Court Action 4433/97: D Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Neglilgence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L Spry - v -Mitting and Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 District Court Action 2522/02: K Latto - v - Executive Director Department of Conservation and Land Management. Omitted from answer to Question 608 of 2003 due to action having lain dormant for a considerable time. Nature of Claim: Personal Injuries Date of Incident: 12 August 2000 Status: Finalised 20 October 2003 District Court Action 344/03: J Carragher - v - Executive Director Department of Conservation and Land Management. Note that this action was initiated after Question 608 of 2003 was answered. Nature of Claim: Personal Injuries Date of Incident: 16 June 2002 Status: Withdrawn 20 October 2004 Dispute over Liability for a Debt: District Court Action 135/2001: Executive Director Department of Conservation and Land Management - v - Peter Milne & Yvonne Downie. Omitted in error from answer to question 608 of 2003. Nature of Claim: Debt Owing Status: Withdrawn 25 July 2002 Civil Action: Supreme Court Action CIV2522 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relating to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: Application refused, 23 November 2001 Supreme Court Action CIV2370 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Status: Finalised 23 June 2003 Department for the Environment (1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
District Court Action 1345/02: F Ainsworth - v - Executive Director Department of Conservation and Land Management Date of Injury: 1 March 1998 Status: Finalised 15 January 2004 Public Liability: District Court Action 1020/91: S O'Connor - v - Department of Conservation and Land Management Nature of Claim: Personal injuries Date of Incident: 18 February 1990 Status: Finalised 9 January 2002 District Court Action 2615/95: M Uyen - v - Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 15 September 1994 Status: Finalised 11 June 2002 District Court Action 3522/97: McFarlane & Others - v - State of WA; Shire of Augusta-Margaret River; Executive Director Department of Conservation and Land Management; Minister for Education Nature of Claim: Fatalities (Gracetown Cliff Collapse) - Alleged negligence Date of Incident: 27 September 1996 Status: Dismissed 7 December 2004 Supreme Court Action 1232/00: Smith & Armstrong - v - Executive Director Department of Conservation and Land Management Nature of Claim: Property Damage - Alleged Negligence Date of Incident: 3 January 1997 Status: Plaintiffs discontinued 11 September 2002 (costs to be awarded to Defendant) District Court Action 680/01: R Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Finalised 16 March 2005 District Court Action 4433/97: D Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Neglilgence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L Spry - v -Mitting and Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 District Court Action 2522/02: K Latto - v - Executive Director Department of Conservation and Land Management. Omitted from answer to Question 608 of 2003 due to action having lain dormant for a considerable time. Nature of Claim: Personal Injuries Date of Incident: 12 August 2000 Status: Finalised 20 October 2003 District Court Action 344/03: J Carragher - v - Executive Director Department of Conservation and Land Management. Note that this action was initiated after Question 608 of 2003 was answered. Nature of Claim: Personal Injuries Date of Incident: 16 June 2002 Status: Withdrawn 20 October 2004 Dispute over Liability for a Debt: District Court Action 135/2001: Executive Director Department of Conservation and Land Management - v - Peter Milne & Yvonne Downie. Omitted in error from answer to question 608 of 2003. Nature of Claim: Debt Owing Status: Withdrawn 25 July 2002 Civil Action: Supreme Court Action CIV2522 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relating to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: Application refused, 23 November 2001 Supreme Court Action CIV2370 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Status: Finalised 23 June 2003 Department for the Environment (1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Public Liability: District Court Action 1020/91: S O'Connor - v - Department of Conservation and Land Management Nature of Claim: Personal injuries Date of Incident: 18 February 1990 Status: Finalised 9 January 2002 District Court Action 2615/95: M Uyen - v - Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 15 September 1994 Status: Finalised 11 June 2002 District Court Action 3522/97: McFarlane & Others - v - State of WA; Shire of Augusta-Margaret River; Executive Director Department of Conservation and Land Management; Minister for Education Nature of Claim: Fatalities (Gracetown Cliff Collapse) - Alleged negligence Date of Incident: 27 September 1996 Status: Dismissed 7 December 2004 Supreme Court Action 1232/00: Smith & Armstrong - v - Executive Director Department of Conservation and Land Management Nature of Claim: Property Damage - Alleged Negligence Date of Incident: 3 January 1997 Status: Plaintiffs discontinued 11 September 2002 (costs to be awarded to Defendant) District Court Action 680/01: R Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Finalised 16 March 2005 District Court Action 4433/97: D Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Neglilgence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L Spry - v -Mitting and Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 District Court Action 2522/02: K Latto - v - Executive Director Department of Conservation and Land Management. Omitted from answer to Question 608 of 2003 due to action having lain dormant for a considerable time. Nature of Claim: Personal Injuries Date of Incident: 12 August 2000 Status: Finalised 20 October 2003 District Court Action 344/03: J Carragher - v - Executive Director Department of Conservation and Land Management. Note that this action was initiated after Question 608 of 2003 was answered. Nature of Claim: Personal Injuries Date of Incident: 16 June 2002 Status: Withdrawn 20 October 2004 Dispute over Liability for a Debt: District Court Action 135/2001: Executive Director Department of Conservation and Land Management - v - Peter Milne & Yvonne Downie. Omitted in error from answer to question 608 of 2003. Nature of Claim: Debt Owing Status: Withdrawn 25 July 2002 Civil Action: Supreme Court Action CIV2522 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relating to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: Application refused, 23 November 2001 Supreme Court Action CIV2370 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Status: Finalised 23 June 2003 Department for the Environment (1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
District Court Action 1020/91: S O'Connor - v - Department of Conservation and Land Management Nature of Claim: Personal injuries Date of Incident: 18 February 1990 Status: Finalised 9 January 2002 District Court Action 2615/95: M Uyen - v - Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 15 September 1994 Status: Finalised 11 June 2002 District Court Action 3522/97: McFarlane & Others - v - State of WA; Shire of Augusta-Margaret River; Executive Director Department of Conservation and Land Management; Minister for Education Nature of Claim: Fatalities (Gracetown Cliff Collapse) - Alleged negligence Date of Incident: 27 September 1996 Status: Dismissed 7 December 2004 Supreme Court Action 1232/00: Smith & Armstrong - v - Executive Director Department of Conservation and Land Management Nature of Claim: Property Damage - Alleged Negligence Date of Incident: 3 January 1997 Status: Plaintiffs discontinued 11 September 2002 (costs to be awarded to Defendant) District Court Action 680/01: R Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Finalised 16 March 2005 District Court Action 4433/97: D Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Neglilgence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L Spry - v -Mitting and Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 District Court Action 2522/02: K Latto - v - Executive Director Department of Conservation and Land Management. Omitted from answer to Question 608 of 2003 due to action having lain dormant for a considerable time. Nature of Claim: Personal Injuries Date of Incident: 12 August 2000 Status: Finalised 20 October 2003 District Court Action 344/03: J Carragher - v - Executive Director Department of Conservation and Land Management. Note that this action was initiated after Question 608 of 2003 was answered. Nature of Claim: Personal Injuries Date of Incident: 16 June 2002 Status: Withdrawn 20 October 2004 Dispute over Liability for a Debt: District Court Action 135/2001: Executive Director Department of Conservation and Land Management - v - Peter Milne & Yvonne Downie. Omitted in error from answer to question 608 of 2003. Nature of Claim: Debt Owing Status: Withdrawn 25 July 2002 Civil Action: Supreme Court Action CIV2522 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relating to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: Application refused, 23 November 2001 Supreme Court Action CIV2370 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Status: Finalised 23 June 2003 Department for the Environment (1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
District Court Action 2615/95: M Uyen - v - Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 15 September 1994 Status: Finalised 11 June 2002 District Court Action 3522/97: McFarlane & Others - v - State of WA; Shire of Augusta-Margaret River; Executive Director Department of Conservation and Land Management; Minister for Education Nature of Claim: Fatalities (Gracetown Cliff Collapse) - Alleged negligence Date of Incident: 27 September 1996 Status: Dismissed 7 December 2004 Supreme Court Action 1232/00: Smith & Armstrong - v - Executive Director Department of Conservation and Land Management Nature of Claim: Property Damage - Alleged Negligence Date of Incident: 3 January 1997 Status: Plaintiffs discontinued 11 September 2002 (costs to be awarded to Defendant) District Court Action 680/01: R Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Finalised 16 March 2005 District Court Action 4433/97: D Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Neglilgence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L Spry - v -Mitting and Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 District Court Action 2522/02: K Latto - v - Executive Director Department of Conservation and Land Management. Omitted from answer to Question 608 of 2003 due to action having lain dormant for a considerable time. Nature of Claim: Personal Injuries Date of Incident: 12 August 2000 Status: Finalised 20 October 2003 District Court Action 344/03: J Carragher - v - Executive Director Department of Conservation and Land Management. Note that this action was initiated after Question 608 of 2003 was answered. Nature of Claim: Personal Injuries Date of Incident: 16 June 2002 Status: Withdrawn 20 October 2004 Dispute over Liability for a Debt: District Court Action 135/2001: Executive Director Department of Conservation and Land Management - v - Peter Milne & Yvonne Downie. Omitted in error from answer to question 608 of 2003. Nature of Claim: Debt Owing Status: Withdrawn 25 July 2002 Civil Action: Supreme Court Action CIV2522 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relating to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: Application refused, 23 November 2001 Supreme Court Action CIV2370 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Status: Finalised 23 June 2003 Department for the Environment (1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
District Court Action 3522/97: McFarlane & Others - v - State of WA; Shire of Augusta-Margaret River; Executive Director Department of Conservation and Land Management; Minister for Education Nature of Claim: Fatalities (Gracetown Cliff Collapse) - Alleged negligence Date of Incident: 27 September 1996 Status: Dismissed 7 December 2004 Supreme Court Action 1232/00: Smith & Armstrong - v - Executive Director Department of Conservation and Land Management Nature of Claim: Property Damage - Alleged Negligence Date of Incident: 3 January 1997 Status: Plaintiffs discontinued 11 September 2002 (costs to be awarded to Defendant) District Court Action 680/01: R Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Finalised 16 March 2005 District Court Action 4433/97: D Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Neglilgence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L Spry - v -Mitting and Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 District Court Action 2522/02: K Latto - v - Executive Director Department of Conservation and Land Management. Omitted from answer to Question 608 of 2003 due to action having lain dormant for a considerable time. Nature of Claim: Personal Injuries Date of Incident: 12 August 2000 Status: Finalised 20 October 2003 District Court Action 344/03: J Carragher - v - Executive Director Department of Conservation and Land Management. Note that this action was initiated after Question 608 of 2003 was answered. Nature of Claim: Personal Injuries Date of Incident: 16 June 2002 Status: Withdrawn 20 October 2004 Dispute over Liability for a Debt: District Court Action 135/2001: Executive Director Department of Conservation and Land Management - v - Peter Milne & Yvonne Downie. Omitted in error from answer to question 608 of 2003. Nature of Claim: Debt Owing Status: Withdrawn 25 July 2002 Civil Action: Supreme Court Action CIV2522 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relating to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: Application refused, 23 November 2001 Supreme Court Action CIV2370 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Status: Finalised 23 June 2003 Department for the Environment (1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Supreme Court Action 1232/00: Smith & Armstrong - v - Executive Director Department of Conservation and Land Management Nature of Claim: Property Damage - Alleged Negligence Date of Incident: 3 January 1997 Status: Plaintiffs discontinued 11 September 2002 (costs to be awarded to Defendant) District Court Action 680/01: R Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Finalised 16 March 2005 District Court Action 4433/97: D Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Neglilgence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L Spry - v -Mitting and Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 District Court Action 2522/02: K Latto - v - Executive Director Department of Conservation and Land Management. Omitted from answer to Question 608 of 2003 due to action having lain dormant for a considerable time. Nature of Claim: Personal Injuries Date of Incident: 12 August 2000 Status: Finalised 20 October 2003 District Court Action 344/03: J Carragher - v - Executive Director Department of Conservation and Land Management. Note that this action was initiated after Question 608 of 2003 was answered. Nature of Claim: Personal Injuries Date of Incident: 16 June 2002 Status: Withdrawn 20 October 2004 Dispute over Liability for a Debt: District Court Action 135/2001: Executive Director Department of Conservation and Land Management - v - Peter Milne & Yvonne Downie. Omitted in error from answer to question 608 of 2003. Nature of Claim: Debt Owing Status: Withdrawn 25 July 2002 Civil Action: Supreme Court Action CIV2522 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relating to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: Application refused, 23 November 2001 Supreme Court Action CIV2370 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Status: Finalised 23 June 2003 Department for the Environment (1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
District Court Action 680/01: R Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Finalised 16 March 2005 District Court Action 4433/97: D Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Neglilgence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L Spry - v -Mitting and Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 District Court Action 2522/02: K Latto - v - Executive Director Department of Conservation and Land Management. Omitted from answer to Question 608 of 2003 due to action having lain dormant for a considerable time. Nature of Claim: Personal Injuries Date of Incident: 12 August 2000 Status: Finalised 20 October 2003 District Court Action 344/03: J Carragher - v - Executive Director Department of Conservation and Land Management. Note that this action was initiated after Question 608 of 2003 was answered. Nature of Claim: Personal Injuries Date of Incident: 16 June 2002 Status: Withdrawn 20 October 2004 Dispute over Liability for a Debt: District Court Action 135/2001: Executive Director Department of Conservation and Land Management - v - Peter Milne & Yvonne Downie. Omitted in error from answer to question 608 of 2003. Nature of Claim: Debt Owing Status: Withdrawn 25 July 2002 Civil Action: Supreme Court Action CIV2522 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relating to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: Application refused, 23 November 2001 Supreme Court Action CIV2370 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Status: Finalised 23 June 2003 Department for the Environment (1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
District Court Action 4433/97: D Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Neglilgence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L Spry - v -Mitting and Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 District Court Action 2522/02: K Latto - v - Executive Director Department of Conservation and Land Management. Omitted from answer to Question 608 of 2003 due to action having lain dormant for a considerable time. Nature of Claim: Personal Injuries Date of Incident: 12 August 2000 Status: Finalised 20 October 2003 District Court Action 344/03: J Carragher - v - Executive Director Department of Conservation and Land Management. Note that this action was initiated after Question 608 of 2003 was answered. Nature of Claim: Personal Injuries Date of Incident: 16 June 2002 Status: Withdrawn 20 October 2004 Dispute over Liability for a Debt: District Court Action 135/2001: Executive Director Department of Conservation and Land Management - v - Peter Milne & Yvonne Downie. Omitted in error from answer to question 608 of 2003. Nature of Claim: Debt Owing Status: Withdrawn 25 July 2002 Civil Action: Supreme Court Action CIV2522 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relating to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: Application refused, 23 November 2001 Supreme Court Action CIV2370 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Status: Finalised 23 June 2003 Department for the Environment (1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
District Court Action 808/01: C Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Neglilgence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L Spry - v -Mitting and Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 District Court Action 2522/02: K Latto - v - Executive Director Department of Conservation and Land Management. Omitted from answer to Question 608 of 2003 due to action having lain dormant for a considerable time. Nature of Claim: Personal Injuries Date of Incident: 12 August 2000 Status: Finalised 20 October 2003 District Court Action 344/03: J Carragher - v - Executive Director Department of Conservation and Land Management. Note that this action was initiated after Question 608 of 2003 was answered. Nature of Claim: Personal Injuries Date of Incident: 16 June 2002 Status: Withdrawn 20 October 2004 Dispute over Liability for a Debt: District Court Action 135/2001: Executive Director Department of Conservation and Land Management - v - Peter Milne & Yvonne Downie. Omitted in error from answer to question 608 of 2003. Nature of Claim: Debt Owing Status: Withdrawn 25 July 2002 Civil Action: Supreme Court Action CIV2522 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relating to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: Application refused, 23 November 2001 Supreme Court Action CIV2370 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Status: Finalised 23 June 2003 Department for the Environment (1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
District Court Action 226/00: B Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L Spry - v -Mitting and Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 District Court Action 2522/02: K Latto - v - Executive Director Department of Conservation and Land Management. Omitted from answer to Question 608 of 2003 due to action having lain dormant for a considerable time. Nature of Claim: Personal Injuries Date of Incident: 12 August 2000 Status: Finalised 20 October 2003 District Court Action 344/03: J Carragher - v - Executive Director Department of Conservation and Land Management. Note that this action was initiated after Question 608 of 2003 was answered. Nature of Claim: Personal Injuries Date of Incident: 16 June 2002 Status: Withdrawn 20 October 2004 Dispute over Liability for a Debt: District Court Action 135/2001: Executive Director Department of Conservation and Land Management - v - Peter Milne & Yvonne Downie. Omitted in error from answer to question 608 of 2003. Nature of Claim: Debt Owing Status: Withdrawn 25 July 2002 Civil Action: Supreme Court Action CIV2522 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relating to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: Application refused, 23 November 2001 Supreme Court Action CIV2370 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Status: Finalised 23 June 2003 Department for the Environment (1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
District Court of Bunbury Action 57/00: L Spry - v -Mitting and Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 District Court Action 2522/02: K Latto - v - Executive Director Department of Conservation and Land Management. Omitted from answer to Question 608 of 2003 due to action having lain dormant for a considerable time. Nature of Claim: Personal Injuries Date of Incident: 12 August 2000 Status: Finalised 20 October 2003 District Court Action 344/03: J Carragher - v - Executive Director Department of Conservation and Land Management. Note that this action was initiated after Question 608 of 2003 was answered. Nature of Claim: Personal Injuries Date of Incident: 16 June 2002 Status: Withdrawn 20 October 2004 Dispute over Liability for a Debt: District Court Action 135/2001: Executive Director Department of Conservation and Land Management - v - Peter Milne & Yvonne Downie. Omitted in error from answer to question 608 of 2003. Nature of Claim: Debt Owing Status: Withdrawn 25 July 2002 Civil Action: Supreme Court Action CIV2522 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relating to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: Application refused, 23 November 2001 Supreme Court Action CIV2370 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Status: Finalised 23 June 2003 Department for the Environment (1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
District Court Action 2522/02: K Latto - v - Executive Director Department of Conservation and Land Management. Omitted from answer to Question 608 of 2003 due to action having lain dormant for a considerable time. Nature of Claim: Personal Injuries Date of Incident: 12 August 2000 Status: Finalised 20 October 2003 District Court Action 344/03: J Carragher - v - Executive Director Department of Conservation and Land Management. Note that this action was initiated after Question 608 of 2003 was answered. Nature of Claim: Personal Injuries Date of Incident: 16 June 2002 Status: Withdrawn 20 October 2004 Dispute over Liability for a Debt: District Court Action 135/2001: Executive Director Department of Conservation and Land Management - v - Peter Milne & Yvonne Downie. Omitted in error from answer to question 608 of 2003. Nature of Claim: Debt Owing Status: Withdrawn 25 July 2002 Civil Action: Supreme Court Action CIV2522 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relating to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: Application refused, 23 November 2001 Supreme Court Action CIV2370 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Status: Finalised 23 June 2003 Department for the Environment (1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
District Court Action 344/03: J Carragher - v - Executive Director Department of Conservation and Land Management. Note that this action was initiated after Question 608 of 2003 was answered. Nature of Claim: Personal Injuries Date of Incident: 16 June 2002 Status: Withdrawn 20 October 2004 Dispute over Liability for a Debt: District Court Action 135/2001: Executive Director Department of Conservation and Land Management - v - Peter Milne & Yvonne Downie. Omitted in error from answer to question 608 of 2003. Nature of Claim: Debt Owing Status: Withdrawn 25 July 2002 Civil Action: Supreme Court Action CIV2522 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relating to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: Application refused, 23 November 2001 Supreme Court Action CIV2370 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Status: Finalised 23 June 2003 Department for the Environment (1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Dispute over Liability for a Debt: District Court Action 135/2001: Executive Director Department of Conservation and Land Management - v - Peter Milne & Yvonne Downie. Omitted in error from answer to question 608 of 2003. Nature of Claim: Debt Owing Status: Withdrawn 25 July 2002 Civil Action: Supreme Court Action CIV2522 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relating to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: Application refused, 23 November 2001 Supreme Court Action CIV2370 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Status: Finalised 23 June 2003 Department for the Environment (1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
District Court Action 135/2001: Executive Director Department of Conservation and Land Management - v - Peter Milne & Yvonne Downie. Omitted in error from answer to question 608 of 2003. Nature of Claim: Debt Owing Status: Withdrawn 25 July 2002 Civil Action: Supreme Court Action CIV2522 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relating to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: Application refused, 23 November 2001 Supreme Court Action CIV2370 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Status: Finalised 23 June 2003 Department for the Environment (1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Civil Action: Supreme Court Action CIV2522 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relating to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: Application refused, 23 November 2001 Supreme Court Action CIV2370 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Status: Finalised 23 June 2003 Department for the Environment (1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Supreme Court Action CIV2522 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relating to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: Application refused, 23 November 2001 Supreme Court Action CIV2370 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Status: Finalised 23 June 2003 Department for the Environment (1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Supreme Court Action CIV2370 of 2000: McGregor - v - Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Status: Finalised 23 June 2003 Department for the Environment (1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Department for the Environment (1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
(1) ( a - c) Yes (2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
(2) The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
The answer provided following, is an update of the answer provided to Question 608 of 7 May 2003. It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
It should be noted that the Acting Director General of the Department for the Environment has advised there are five omissions, noted hereunder, from the information provided in the response asked in 2003. The omissions were due to interpretation of the question at that time. It has been interpreted that Plaintiff and Defendant are the terms used for civil matters, whereas Complainant and Defendant are used in criminal matters. 2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
2001 Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Dr Bryan Robert Jenkins and W.M.C. Resources Ltd CN 2242/1997: Prosecution of WMC Resources Ltd in the Magistrate's Court for an alleged breach of emission standards for sulphur dioxide from the Kalgoorlie Nickel Smelter on 12 June 1996. Found that the breach had been committed as alleged. Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Dr Bryan Jenkins and Wesfarmers CSBP - CN 15094-7: Prosecution under section 51 of the Environmental Protection Act 1986 for alleged failure to take all reasonable and practicable measures to prevent the discharge of arsenic waste into the environment. Found Guilty and fined $20000.00. 2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
2002 Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Roger Francis Payne and Rose Valley Cheese Co Pty Ltd AR5205/02: Prosecution for alleged discharge of milky waste onto land against the company and a director contrary to sections 56 and 118 of the Environmental Protection Act 1986 . Found guilty and fined a total of $10,000. State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
State Crown Solicitor and Jeffery Keith Claflin PE 22986-9/02: Was in fact a prosecution under the Environmental Protection Act 1986 section 118 against the Director of a waste disposal facility at Bellevue. A plea of guilty and fined a total of $7500. 2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
2003 Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Re Environmental Protection Authority: Ex parte Environmental Protection Authority CIV 1944 of 2003: An application to prevent the Town Planning Appeals Tribunal from determining a planning appeal whilst the EPA was assessing the proposal, contrary to section 41 of the Environmental Protection Act 1986 . The proposal was for development of a quarry at the Lakes, Northam. A writ of prohibition was issued to prevent the Tribunal making a decision that could have the effect of causing or allowing the proposal to be implemented until an authority is served on it under the Environmental Protection Act 1986. 2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
2001 Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Anthony John Elwood and Pioneer Concrete (WA) Pty Ltd and Minister for the Environment CIV 2181 of 2001: A Supreme Court writ seeking a declaration and damages issued by the adjacent landholder against the operators of a quarry at Red Hill. No orders are sought against the Minister for the Environment but the issues relate to the Environmental Protection Act 1986. The matter is ongoing. Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Kostanich and The Shire of Carnarvon & Others CIV 1337 of 2001: A writ seeking damages against parties including the Water and Rivers Commission for loss as a result of a flood in Carnarvon. Ongoing. 2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
2002 Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Re Environmental Protection Authority; Ex parte Sandbourne Holdings CIV 1425 of 2001: A writ of prohibition was sought in the Supreme Court against the EPA for assessing a proposed subdivision that had allegedly been previously assessed as a Town Planning scheme. Found by the Full Court that the Subdivision did not constitute the same proposal originally assessed by the EPA and the application was dismissed. Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Sulman and Atlas Group & Others DC 1620 of 2002: A District Court writ for damages for personal injury alleging breach of a duty of care in relation to the Atlas landfill site at Mirrabooka. Ongoing. 2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
2003 Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Greendene Development Corporation Pty Ltd and Environmental Protection Authority CIV 1320 of 2003 : Application for a declaration and a writ of certiorari sought to quash the decision of the EPA to assess the subdivision of land approved by the WAPC on the basis of a failure to observe the 28 day time limit for notification and a previous referral. Application dismissed. Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 80 Beechboro Rd, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36862/2003 Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Pasquale Minniti prosecution under 31(2)(a)(1) of the Environmental (Controlled Waste) Regulations 2001, for being the occupier of premises at 198 Collier Road, Bayswater, causing controlled waste to be removed from the premises without a permit granted under regulation 31(4) of the regulations. Perth Court Petty Sessions Charge Number 36863/2003 Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Plea of guilty on the 27 of April 2004 $500 and ordered to pay $357.70 costs for both charges Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Justin James Rodgers prosecution sections 49(3) and 99Q(1) of the Environmental Protection Act 1986 for causing pollution, namely the discharge of diesel fuel into the waters of the Swan River. Plea of guilty on the 9 of February 2005 in the Perth Court of Petty Sessions and was fined $2,000 and ordered to pay $557.70 costs. Perth Court of Petty Sessions Charge Number 52724/2003 The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
The last three entries under 2003, involving the defendants Minniti and Rodgers, are criminal charges preferred by the Department after July 2003. Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Botanic Gardens and Parks Authority: (1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
(1) The Botanic Gardens and Parks Authority has been a plaintiff in Court action as follows: 2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
2001 Yes 2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
2002 Yes 2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
2003 Yes (2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
(2) 2001 - 21 February - Parking infringement - Conviction - Fine $70 plus $700 costs 2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
2002 - 30 April -Parking infringement - No appearance by defendant - Fine $60 17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
17 May -Parking infringement - Complaint proven - Fine $60.00 2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
2003 - 4 June -Parking infringement - Conviction, no fine but an order for costs ($557.70) 20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
20 November -Parking infringement - Conviction - Fine $100 Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Office of Water Policy and Perth Zoo (1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
(1) (a - c) No. (2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
(2) Not applicable. Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Conservation Commission of WA (1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
(1) (a) - (c) Yes (2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
(2) Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Civil Action: Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Supreme Court Action CIV 2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Result: 23 November 2001, Application Refused Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Nature of Claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park Result: Finalised 23 June 2003
Result: Finalised 23 June 2003
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