❓ Hon Adele Farina asks about enforcement measures for breaches of environmental approval conditions, potential prosecution for pollution, and the possibility of cancelling approvals for serious non-compliance. The answer details available actions and powers.
AnsweredQoN 3674Legislative Council
QuestionView source ↗
I refer to issuing of ‘environment approval with conditions’, and ask -
(1) What action/measures are available to the Office of the EPA/the EPA to enforce compliance with conditions of Ministerial environmental approval?
(2) If a breach of condition results in pollution, is it open to the Office of the EPA to prosecute the proponent pursuant to Part V of the
Environmental Protection Act 1986
?
(3) In the event of a serious breach or continuing non-compliance of one or more environmental condition can the EPA or the Minister for the Environment cancel the ‘Ministerial environmental approval subject to conditions’?
(1) What action/measures are available to the Office of the EPA/the EPA to enforce compliance with conditions of Ministerial environmental approval?
(2) If a breach of condition results in pollution, is it open to the Office of the EPA to prosecute the proponent pursuant to Part V of the
Environmental Protection Act 1986
?
(3) In the event of a serious breach or continuing non-compliance of one or more environmental condition can the EPA or the Minister for the Environment cancel the ‘Ministerial environmental approval subject to conditions’?
AnswerView source ↗
Answered
12 April 2011
Responded by
Minister for Mental Health representing the Minister for Environment
Response time
28 days
(1) It is an offence under section 47 (1) of the
Environmental Protection Act 1986
(EP Act) if a proponent does not ensure that any implementation of a proposal, to which a statement relates, is carried out in accordance with the implementation conditions.
For the purpose of monitoring compliance, the General Manager of the Office of the Environmental Protection Authority (OEPA) has powers to require that information be provided by the proponent relating to compliance.
If the General Manager of the OEPA finds that any of the implementation conditions are not being complied with the General Manager may exercise other powers in response of that non-compliance, which includes the power to institute prosecution proceedings against the proponent for a failure to comply with section 47(1) of the EP Act. The maximum financial penalty under the EP Act for a body corporate is $1,000,000 with a maximum daily penalty of $200,000.
(2) If a proponent's failure to implement a proposal in accordance with an implementation statement results in a pollution or environmental harm event, the Department of Environment and Conservation, which is the lead agency for administering Part V of the EP Act, may, in addition to any other powers that the CEO can exercise, institute prosecution proceedings for pollution or environmental harm.
(3) The Minister for Environment may exercise a range of powers in relation to non-compliance with the implementation conditions of a statement. These include:
· stopping the implementation of a proposal for a period not exceeding 24 hours;
· serving an order requiring the proponent to take steps to comply with relevant conditions, or for preventing, controlling or abating any pollution or environmental harm caused by the non compliance;
· causing such steps to be taken for the purpose of complying with the conditions of the statement, or for preventing, controlling or abating the pollution or environmental harm; and
· requesting the EPA to inquire into whether the relevant condition or procedure should be changed.
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Environmental Protection Act 1986
(EP Act) if a proponent does not ensure that any implementation of a proposal, to which a statement relates, is carried out in accordance with the implementation conditions.
For the purpose of monitoring compliance, the General Manager of the Office of the Environmental Protection Authority (OEPA) has powers to require that information be provided by the proponent relating to compliance.
If the General Manager of the OEPA finds that any of the implementation conditions are not being complied with the General Manager may exercise other powers in response of that non-compliance, which includes the power to institute prosecution proceedings against the proponent for a failure to comply with section 47(1) of the EP Act. The maximum financial penalty under the EP Act for a body corporate is $1,000,000 with a maximum daily penalty of $200,000.
(2) If a proponent's failure to implement a proposal in accordance with an implementation statement results in a pollution or environmental harm event, the Department of Environment and Conservation, which is the lead agency for administering Part V of the EP Act, may, in addition to any other powers that the CEO can exercise, institute prosecution proceedings for pollution or environmental harm.
(3) The Minister for Environment may exercise a range of powers in relation to non-compliance with the implementation conditions of a statement. These include:
· stopping the implementation of a proposal for a period not exceeding 24 hours;
· serving an order requiring the proponent to take steps to comply with relevant conditions, or for preventing, controlling or abating any pollution or environmental harm caused by the non compliance;
· causing such steps to be taken for the purpose of complying with the conditions of the statement, or for preventing, controlling or abating the pollution or environmental harm; and
· requesting the EPA to inquire into whether the relevant condition or procedure should be changed.
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
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