❓ WA Parliament question regarding Cockburn Cement's dust emissions, compliance with environmental regulations, and comparison to other cement producers. The response provides information on monitoring, compliance, and publicly available data.
AnsweredQoN 738Legislative Council
QuestionView source ↗
I refer to the Department of Environment and Conservation’s (DEC) recent request for Cockburn Cement Limited, to investigate dust fall out events and options for prevention. I also refer to the DEC’s current consideration of Cockburn Cement Limited’s licence re-issue, and I ask -
(1) Is Cockburn Cement obliged to respond to the DEC’s request?
(2) If no to (1), why not?
(3) If yes to (1), by what date is a response required?
(4) Will the Minister please table a copy of the response, if one is received?
(5) What environmental guidelines currently apply in respect of emissions and/or discharges from Cockburn Cement Limited?
(6) What licence conditions currently apply in respect of emissions and/or discharges from Cockburn Cement Limited?
(7) Do the answers given to (5) and (6), set an environmental standard for Cockburn Cement Limited that is, -
(a) lower than the environmental standard applicable to Adelaide Brighton Cement Limited; and
(b) lower than the environmental standard applicable to any other lime or cement producer that operates in Australia?
(8) How frequently does the DEC assess Cockburn Cement Limited’s level of compliance with environmental guidelines, licence conditions and further or other legal requirements applicable to its discharges and/or emissions?
(9) By what means does the DEC assess Cockburn Cement Limited’s level of compliance with environmental guidelines, licence conditions and further or other legal requirements applicable to its discharges and/or emissions?
(10) On how many occasions has the Department found Cockburn Cement Limited to be in breach of environmental guidelines, licence conditions or further/other legal requirements applicable to its discharges and/or emissions?
(11) Regarding each breach (if any) described in (10), please describe, -
(a) the environmental guideline, licence condition or other legal requirement that was breached;
(b) the nature of the breach;
(c) any action taken by the DEC against Cockburn Cement Limited as a result of the breach;
(d) any rectification implemented by Cockburn Cement Limited as a result of the breach; and
(e) the time taken between the original allegation of the breach and the DEC’s finalisation of the complaint?
(12) To the best of the DEC’s knowledge, -
(a) what substances are currently discharged or emitted by Cockburn Cement Limited;
(b) in approximately what quantity is each substance referred to in (12)(a) entering the environment;
(c) what if any adverse synergistic chemical reactions are occurring between the substances referred to in (12)(a); and
(d) what if any adverse synergistic chemical reactions are occurring between any substance referred to in (12)(a) or (c) and any other substance already present in the environment?
(13) In respect of the answers given to (12)(a) to (d) inclusive, -
(a) has this information been provided to the Department of Health;
(b) what is the likely impact on the environment; and
(c) what is the likely impact on human health?
(14) Which organisations/interests are currently represented on the Environmental Improvement Plan Group, apart from the Department of Environment and Conservation and Cockburn Cement Limited?
(1) Is Cockburn Cement obliged to respond to the DEC’s request?
(2) If no to (1), why not?
(3) If yes to (1), by what date is a response required?
(4) Will the Minister please table a copy of the response, if one is received?
(5) What environmental guidelines currently apply in respect of emissions and/or discharges from Cockburn Cement Limited?
(6) What licence conditions currently apply in respect of emissions and/or discharges from Cockburn Cement Limited?
(7) Do the answers given to (5) and (6), set an environmental standard for Cockburn Cement Limited that is, -
(a) lower than the environmental standard applicable to Adelaide Brighton Cement Limited; and
(b) lower than the environmental standard applicable to any other lime or cement producer that operates in Australia?
(8) How frequently does the DEC assess Cockburn Cement Limited’s level of compliance with environmental guidelines, licence conditions and further or other legal requirements applicable to its discharges and/or emissions?
(9) By what means does the DEC assess Cockburn Cement Limited’s level of compliance with environmental guidelines, licence conditions and further or other legal requirements applicable to its discharges and/or emissions?
(10) On how many occasions has the Department found Cockburn Cement Limited to be in breach of environmental guidelines, licence conditions or further/other legal requirements applicable to its discharges and/or emissions?
(11) Regarding each breach (if any) described in (10), please describe, -
(a) the environmental guideline, licence condition or other legal requirement that was breached;
(b) the nature of the breach;
(c) any action taken by the DEC against Cockburn Cement Limited as a result of the breach;
(d) any rectification implemented by Cockburn Cement Limited as a result of the breach; and
(e) the time taken between the original allegation of the breach and the DEC’s finalisation of the complaint?
(12) To the best of the DEC’s knowledge, -
(a) what substances are currently discharged or emitted by Cockburn Cement Limited;
(b) in approximately what quantity is each substance referred to in (12)(a) entering the environment;
(c) what if any adverse synergistic chemical reactions are occurring between the substances referred to in (12)(a); and
(d) what if any adverse synergistic chemical reactions are occurring between any substance referred to in (12)(a) or (c) and any other substance already present in the environment?
(13) In respect of the answers given to (12)(a) to (d) inclusive, -
(a) has this information been provided to the Department of Health;
(b) what is the likely impact on the environment; and
(c) what is the likely impact on human health?
(14) Which organisations/interests are currently represented on the Environmental Improvement Plan Group, apart from the Department of Environment and Conservation and Cockburn Cement Limited?
AnswerView source ↗
Answered
16 June 2009
Responded by
Minister for Environment
Response time
35 days
(1) No.
(2) There is no legal requirement for a proponent to respond to a request for information, unless that request is made using the provisions of the
Environmental Protection Act 1986
.
(3) Not applicable.
(4) Not applicable.
(5) The emissions and discharges from Cockburn Cement Limited are assessed against a range of environmental standards, including those set by the Department of Health, National Environmental Protection Measures, World Health Organisation, and Australian and New Zealand Environment Conservation Council Guidelines. These standards are used for the assessment of all prescribed premises in Western Australia.
(6) The conditions relating to emissions and/or discharges for Cockburn Cement Limited Kwinana Plant are set out in its licence (L4533/1967/14), which is publicly available on the Department of Environment and Conservation's (DEC) website at
www.dec.wa.gov.au
.
(7) (a)-(b) DEC issues licences for prescribed premises based on its assessment of
information specific to that premises in Western Australia to ensure that
the environment is protected against pollution or environmental harm.
Therefore, it is not appropriate to make comparisons with premises in
jurisdictions outside this State.
(8) DEC performs an annual compliance inspection of Cockburn Cement Limited against its conditions of licence. In addition, DEC reviews monthly compliance reports and stack testing data from the proponent, and investigates complaints. DEC also reviews Cockburn Cement's annual monitoring reports and its Annual Audit Compliance Report.
(9) DEC's assessment includes data analysis, site visits, site compliance inspections, information requests, Annual Audit Compliance Reports, checks on stack sampling, and complaint investigations.
(10) A number of investigations have been undertaken by DEC and the former departments regarding alleged breaches of Cockburn Cement Limited's licence conditions.
Enforcement activity has been undertaken as a result of these complaints and includes site visits, compliance inspections and active investigation to identify witnesses, and gather information and evidence to confirm the incidents and identify any culpable party.
There have been no enforcement prosecutions to date.
However, in 2002, the former Department of Environment (DoE) arranged an independent audit of DoE's regulation of Cockburn Cement Limited's operations, compliance with the conditions of its licence and of Cockburn Cement Limited's implementation of its Dust Improvement Action Plan.
In the two years immediately after the audit, the Department, in conjunction with Cockburn Cement Limited, instigated a number of plant upgrades, emissions testing and studies to determine the source of off-site dust impacts. These studies and investigations have been undertaken as part of a continual review of Cockburn Cement Limited's operations and incorporated as conditions of its licence.
This independent audit was followed up in 2005, when DoE arranged an independent review of the progress of the recommendations from the 2002 audit. The outcome of this independent review was that the majority of the recommendations were achieved.
DEC conducts ongoing assessment of Cockburn Cement Limited's operations against the licence conditions and expects that part of this assessment will lead to tighter conditions of its licence in due course.
(11) (a-e) Answered by (10).
(12) (a-b) Cockburn Cement Limited's emissions are publicly available on the National Pollutant Inventory website at
www.npi.gov.au
.
(c-d) Key pollutants are generally individual substances, which are identified in the National Environmental Protection Measures and international literature. The possibility of synergistic interaction of compounds in the ambient atmosphere is complex and there is ongoing research on the impact on the environment.
DEC is currently participating in a number of research projects to examine the relationship between particle emissions (which are the major pollutants from Cockburn Cement Limited) and volatile organic compounds and heavy metals. DEC is one of the participants of the Cooperative Research Centre for Contamination Assessment and Remediation, which also includes ChemCentreWA, and the University's of QLD and Newcastle. The results of this work are expected to be available in early 2010.
(13) (a) Yes.
(b) The modeled maximum ground-level concentrations of emissions from the stacks are well below the relevant environmental ambient standards and the environmental impact is considered to be low.
(c) This question should be referred to the Minister for Health.
(14) The Environmental Improvement Plan Group includes a representative from each of the following groups:
· local schools;
· Spearwood residents;
· Munsterresidents;
· Cockburn Cement Limited employees;
· Beeliar Residents Advancement Group;
· Yangebup Progress Association;
· City of Cockburn;
· PRM Property Group; and
· Cockburn Sound Management Council.
The Member for Cockburn, Hon Fran Logan MLA, is a representative on the Group. As noted, DEC and Cockburn Cement Limited are also represented.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
(2) There is no legal requirement for a proponent to respond to a request for information, unless that request is made using the provisions of the
Environmental Protection Act 1986
.
(3) Not applicable.
(4) Not applicable.
(5) The emissions and discharges from Cockburn Cement Limited are assessed against a range of environmental standards, including those set by the Department of Health, National Environmental Protection Measures, World Health Organisation, and Australian and New Zealand Environment Conservation Council Guidelines. These standards are used for the assessment of all prescribed premises in Western Australia.
(6) The conditions relating to emissions and/or discharges for Cockburn Cement Limited Kwinana Plant are set out in its licence (L4533/1967/14), which is publicly available on the Department of Environment and Conservation's (DEC) website at
www.dec.wa.gov.au
.
(7) (a)-(b) DEC issues licences for prescribed premises based on its assessment of
information specific to that premises in Western Australia to ensure that
the environment is protected against pollution or environmental harm.
Therefore, it is not appropriate to make comparisons with premises in
jurisdictions outside this State.
(8) DEC performs an annual compliance inspection of Cockburn Cement Limited against its conditions of licence. In addition, DEC reviews monthly compliance reports and stack testing data from the proponent, and investigates complaints. DEC also reviews Cockburn Cement's annual monitoring reports and its Annual Audit Compliance Report.
(9) DEC's assessment includes data analysis, site visits, site compliance inspections, information requests, Annual Audit Compliance Reports, checks on stack sampling, and complaint investigations.
(10) A number of investigations have been undertaken by DEC and the former departments regarding alleged breaches of Cockburn Cement Limited's licence conditions.
Enforcement activity has been undertaken as a result of these complaints and includes site visits, compliance inspections and active investigation to identify witnesses, and gather information and evidence to confirm the incidents and identify any culpable party.
There have been no enforcement prosecutions to date.
However, in 2002, the former Department of Environment (DoE) arranged an independent audit of DoE's regulation of Cockburn Cement Limited's operations, compliance with the conditions of its licence and of Cockburn Cement Limited's implementation of its Dust Improvement Action Plan.
In the two years immediately after the audit, the Department, in conjunction with Cockburn Cement Limited, instigated a number of plant upgrades, emissions testing and studies to determine the source of off-site dust impacts. These studies and investigations have been undertaken as part of a continual review of Cockburn Cement Limited's operations and incorporated as conditions of its licence.
This independent audit was followed up in 2005, when DoE arranged an independent review of the progress of the recommendations from the 2002 audit. The outcome of this independent review was that the majority of the recommendations were achieved.
DEC conducts ongoing assessment of Cockburn Cement Limited's operations against the licence conditions and expects that part of this assessment will lead to tighter conditions of its licence in due course.
(11) (a-e) Answered by (10).
(12) (a-b) Cockburn Cement Limited's emissions are publicly available on the National Pollutant Inventory website at
www.npi.gov.au
.
(c-d) Key pollutants are generally individual substances, which are identified in the National Environmental Protection Measures and international literature. The possibility of synergistic interaction of compounds in the ambient atmosphere is complex and there is ongoing research on the impact on the environment.
DEC is currently participating in a number of research projects to examine the relationship between particle emissions (which are the major pollutants from Cockburn Cement Limited) and volatile organic compounds and heavy metals. DEC is one of the participants of the Cooperative Research Centre for Contamination Assessment and Remediation, which also includes ChemCentreWA, and the University's of QLD and Newcastle. The results of this work are expected to be available in early 2010.
(13) (a) Yes.
(b) The modeled maximum ground-level concentrations of emissions from the stacks are well below the relevant environmental ambient standards and the environmental impact is considered to be low.
(c) This question should be referred to the Minister for Health.
(14) The Environmental Improvement Plan Group includes a representative from each of the following groups:
· local schools;
· Spearwood residents;
· Munsterresidents;
· Cockburn Cement Limited employees;
· Beeliar Residents Advancement Group;
· Yangebup Progress Association;
· City of Cockburn;
· PRM Property Group; and
· Cockburn Sound Management Council.
The Member for Cockburn, Hon Fran Logan MLA, is a representative on the Group. As noted, DEC and Cockburn Cement Limited are also represented.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
Explore WA Government Data
Search the full archive in the free dashboard, or query programmatically via API.
Explore more
Government Gazette
Appointments, regulatory notices, planning changes.
Hansard
Debates, questions, speeches and sentiment.
Tabled Papers
Reports and documents tabled in Parliament.
Committees
Committee profiles and recent reports.
Regulations
Subsidiary legislation with filters and summaries.
Bills
Proposed laws and parliamentary progress.
Acts
Current WA legislation and summaries.
Explanatory Memoranda
Bills with EMs (text/PDF) available.
Members
MP profiles, party breakdown and rankings.
Pollie Rankings
Data-driven rankings across 19 categories.
Amendment Chains
Track how schemes and regulations evolve over time.