❓ Question regarding compliance with groundwater separation requirements for a motocross track development and potential water contamination. The Minister deflects responsibility for compliance to local government and clarifies that water tests did not indicate contamination under relevant legislation.
AnsweredQoN 1155Legislative Council
QuestionView source ↗
I refer to Development Assessment Panel Application (reference DAP/21/02062) for Lot 5780 Down Road South, Drome, together with the Regional Joint Development Assessment Panel (RJDAP) report that “Groundwater monitoring undertaken in 2018 for the development of a Local Water Management Strategy, showed ground water within 2m of the ground level, for some proposed development areas, hence fill is required to ensure a 2m clearance to groundwater (p546 RJDAP, Conceptual Hydrogeological Model, Appendix D). I also refer to the condition imposed by the RJDAP approval, based on DWER advice received December 2020, stating “The proposed motocross track, race car track and 4WD areas are to achieve a minimum vertical separation distance of two metres to the maximum (wet season) groundwater table, to allow for soil contaminant filtration and aerobic microbial action”, and I ask: (a) can the Minister please confirm a separation of two metres has been achieved, for both the racetrack and retention basins, as per the RJDAP conditions; (b) if no to (a) why not; (c) can the Minister please confirm whether any water testing results from the abovementioned site showed contamination; (d) if yes to (c), can the Minister please table all relevant tests and results; and (e) if yes to (c) can the Minister please advise what remediation action has been taken to address each contamination event?
AnswerView source ↗
Answered
24 February 2026
Responded by
Minister for the Environment
Response time
5 days
(a) - (b) Responsibility for ensuring that conditions associated with a development application under the Planning and Development Act 2005 are implemented rests with the local government authority and the Department of Planning, Lands and Heritage.
(c) The results of the water quality tests undertaken by the City of Albany, as part of meeting its conditions of the development application, were submitted to the Department of Water and Environmental Regulation for advice. The results of the monitoring do not constitute contamination under the Contaminated Sites Act 2003 nor harm under the Environmental Protection Act 1986 and associated Regulations.
(d) The relevant tests and results are held by the City of Albany.
(e) N/A
(c) The results of the water quality tests undertaken by the City of Albany, as part of meeting its conditions of the development application, were submitted to the Department of Water and Environmental Regulation for advice. The results of the monitoring do not constitute contamination under the Contaminated Sites Act 2003 nor harm under the Environmental Protection Act 1986 and associated Regulations.
(d) The relevant tests and results are held by the City of Albany.
(e) N/A
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