❓ A WA parliamentary question on notice regarding the transport and export of lead products from Esperance and Fremantle ports, focusing on environmental and health risks, consultation processes, and regulatory oversight following the Esperance lead contamination incident.
AnsweredQoN 422Legislative Council
QuestionView source ↗
(1) Outside of Cabinet discussions and prior to approving the abovementioned proposal, has the Minister held any formal consultations on this matter with any Ministers other than the Minister for Health, the Minister for Transport or the Minister for Mines and Petroleum?
(2) If no to (1), why not?
(3) Despite the Minister's answer provided on 17 March 2009, that the Environmental Protection Authority (EPA) did not consider it relevant for her to consult the Minister for Agriculture and Food on this matter, why on her own initiative did she not consult the Minister for Agriculture and Food given the volume and value of agriculture and food product that is shipped in and out of the Port of Fremantle and that will be contaminated in any repeat of the Esperance lead carbonate poisonings?
(4) Given the EPA and DEC have been 'missing in action' on this matter, will the Minister for Environment now enter into consultations with and seek the advice of the Minister for Agriculture and Food on this matter?
(5) Did the Minister for Environment receive formal advice supporting the proposal from, -
(a) any of the Ministers mentioned in question (1); and
(b) if any, which Minister or Ministers mentioned in (2), gave formal written advice supporting the proposal?
(6) Has the Minister for Environment given any approval or amendment/extension of an existing approval for the export or movement, on or after 1 January 2009, of any type of lead product from the Port of Esperance?
(7) If yes to (6), -
(a) why;
(b) what is the date, statement number. or other reference detail of each approval, amendment or extension;
(c) who is the proponent that can use each approval, amendment or extension;
(d) on what date will each such approval, amendment or extension terminate; and
(e) will the Minister table in this House all approvals, amendments, extensions or policies whether issued by her, by the previous Ministers or by the respective Departments, Authorities and Agencies, and that in any way touch on the matter of lead product transport or lead product export to or from the Ports of Esperance or Fremantle?
(8) Regarding the remaining lead carbonate (Magellan) material held at the Port of Esperance, -
(a) under what approval, monitoring and/or controls will the poisonous Magellan lead material be reloaded and then moved or exported from the Port of Esperance;
(b) will the poisonous lead material have to be reloaded into and moved only in bulk bags that are locked in air sealed shipping containers;
(c) if yes to (b), will any such bags and containers be sealed in accordance with the safety requirements for poisonous or highly hazardous products;
(d) whether or not containerised bulk bags are to be used to move the poisonous material at Esperance, is it true that such containers as is proposed for use in the Fremantle proposal have openings in the top and bottom allowing venting of the internal air and contents mix during storage and/or transport;
(e) will such bulk bags, containers, as may be used for this poisonous lead material at either the mine site, the Port of Fremantle or the Port of Esperance be sealed so as to be both airtight and water-tight;
(f) can the poisonous Magellan lead material be moved only to the Port of Fremantle;
(g) is there still about 9 000 tonnes or more of such powdered lead material held for reloading at the Port of Esperance; and
(h) by what modes of transport (road, rail or sea ship) can the poisonous Magellan lead material be moved from the Port of Esperance?
(9) Has the Minister for Environment ordered that export of all and any type of lead product from the Port of Esperance is to cease?
(10) If no to (9), why not?
(11) When does the Minister propose to ensure that export from the Port of Esperance of lead product (whether or not in accordance with Statement No. 559 of 28 November 2000) will cease?
(2) If no to (1), why not?
(3) Despite the Minister's answer provided on 17 March 2009, that the Environmental Protection Authority (EPA) did not consider it relevant for her to consult the Minister for Agriculture and Food on this matter, why on her own initiative did she not consult the Minister for Agriculture and Food given the volume and value of agriculture and food product that is shipped in and out of the Port of Fremantle and that will be contaminated in any repeat of the Esperance lead carbonate poisonings?
(4) Given the EPA and DEC have been 'missing in action' on this matter, will the Minister for Environment now enter into consultations with and seek the advice of the Minister for Agriculture and Food on this matter?
(5) Did the Minister for Environment receive formal advice supporting the proposal from, -
(a) any of the Ministers mentioned in question (1); and
(b) if any, which Minister or Ministers mentioned in (2), gave formal written advice supporting the proposal?
(6) Has the Minister for Environment given any approval or amendment/extension of an existing approval for the export or movement, on or after 1 January 2009, of any type of lead product from the Port of Esperance?
(7) If yes to (6), -
(a) why;
(b) what is the date, statement number. or other reference detail of each approval, amendment or extension;
(c) who is the proponent that can use each approval, amendment or extension;
(d) on what date will each such approval, amendment or extension terminate; and
(e) will the Minister table in this House all approvals, amendments, extensions or policies whether issued by her, by the previous Ministers or by the respective Departments, Authorities and Agencies, and that in any way touch on the matter of lead product transport or lead product export to or from the Ports of Esperance or Fremantle?
(8) Regarding the remaining lead carbonate (Magellan) material held at the Port of Esperance, -
(a) under what approval, monitoring and/or controls will the poisonous Magellan lead material be reloaded and then moved or exported from the Port of Esperance;
(b) will the poisonous lead material have to be reloaded into and moved only in bulk bags that are locked in air sealed shipping containers;
(c) if yes to (b), will any such bags and containers be sealed in accordance with the safety requirements for poisonous or highly hazardous products;
(d) whether or not containerised bulk bags are to be used to move the poisonous material at Esperance, is it true that such containers as is proposed for use in the Fremantle proposal have openings in the top and bottom allowing venting of the internal air and contents mix during storage and/or transport;
(e) will such bulk bags, containers, as may be used for this poisonous lead material at either the mine site, the Port of Fremantle or the Port of Esperance be sealed so as to be both airtight and water-tight;
(f) can the poisonous Magellan lead material be moved only to the Port of Fremantle;
(g) is there still about 9 000 tonnes or more of such powdered lead material held for reloading at the Port of Esperance; and
(h) by what modes of transport (road, rail or sea ship) can the poisonous Magellan lead material be moved from the Port of Esperance?
(9) Has the Minister for Environment ordered that export of all and any type of lead product from the Port of Esperance is to cease?
(10) If no to (9), why not?
(11) When does the Minister propose to ensure that export from the Port of Esperance of lead product (whether or not in accordance with Statement No. 559 of 28 November 2000) will cease?
AnswerView source ↗
Answered
7 May 2009
Responded by
Minister for Environment
Response time
49 days
To clarify the Hon Member's question, my decision of 2 February 2009 was to approve a change to the conditions applying to the proposal to transport lead carbonate through the Portof Fremantle. As the Hon Member correctly notes, this decision was made pursuant to section 46 of the
Environmental Protection Act 1986
, which relates to changing the conditions of a proposal, not the proposal itself. Accordingly, the reference to "proposal" in the question shall be taken to be a reference to "conditions".
(1) I have formally consulted with the Minister for Mines and Petroleum, the Minister for Emergency Services, the Minister for Transport, the Minister for Health, the Minister for Commerce and the Minister for Water.
(2) Not applicable.
(3) The protection of human health, whether through contamination at the port or elsewhere along the route, was a key consideration in the development of the conditions. Comments were therefore sought from the Minister for Health on the content of the conditions.
(4) The conditions have been finalised and as a result, there is no further consultation or agreement anticipated.
(5a) Yes
(5b) Formal agreement to the conditions was obtained from relevant decision making Ministers, being the Minister for Mines and Petroleum, the Minister for Transport, the Minister for Emergency Services and the Minister for Water.
(6) No
(7a-d) Not applicable
(7e) Yes. See tabled paper no. [ ]. Ministerial Statement No. 559; Letter dated 29 December 2004 approving changes to the proposal under section 45C of the
Environmental Protection Act 1986
; Prevention Notice issued by DEC dated 27 November 2008; Letter dated 27 January 2009 approving changes to the proposal under section 45C of the
Environmental Protection Act 1986
; and Ministerial Statement No. 783.
(8a) See Prevention Notice tabled in answer to Question 7(e).
(8b) The lead carbonate at Esperance was sealed in double-walled sieve-proof and water-proof bags and loaded into steel shipping containers that were locked.
(8c) The lead carbonate concentrate was transported in accordance with dangerous goods requirements.
(8d) The holes, which are extremely small, are located at the top of the sides of the container and significant upward airflow would be required to transport any product through those holes. As the product is within sealed bags and the containers have a solid steel floor, there is no significant upward airflow that would result in this occurring. The product also has the consistency of damp sand so I am advised that the possibility of it being released through the holes is extremely unlikely.
(8e) The bulka bags used at Esperance and for transport from the mine to the Port of Fremantle are double walled and water resistant. Standard steel shipping containers are used at Esperance and for transport from the mine to the Portof Fremantle. The Department of Environment and Conservation, Department of Health and Department of Mines and Petroleum have approved the use of these containers and bags.
(8f) The lead carbonate at the Esperance port was not exported out of the Port of Fremantle. It was shipped directly out of Esperance.
(8g) No. Magellan Metals has completed the export of lead carbonate that is stockpiled at the port through the Port of Esperance.
(8h) The lead carbonate at Esperance was permitted to be moved from the Port of Esperance by sea ship in approved sealed bags inside steel shipping containers.
(9) No
(10) Magellan Metals undertook the export the lead carbonate stockpiled at the port through the Port of Esperance under the requirements of a Pollution Prevention Notice issued by DEC. This Notice prohibits any other movement of lead ore concentrates into or out of the Portof Esperance. Any future proposals to export through the Portof Esperancewould be subject to the requirements of the
Environmental Protection Act 1986.
(11) See the response to (8)
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Environmental Protection Act 1986
, which relates to changing the conditions of a proposal, not the proposal itself. Accordingly, the reference to "proposal" in the question shall be taken to be a reference to "conditions".
(1) I have formally consulted with the Minister for Mines and Petroleum, the Minister for Emergency Services, the Minister for Transport, the Minister for Health, the Minister for Commerce and the Minister for Water.
(2) Not applicable.
(3) The protection of human health, whether through contamination at the port or elsewhere along the route, was a key consideration in the development of the conditions. Comments were therefore sought from the Minister for Health on the content of the conditions.
(4) The conditions have been finalised and as a result, there is no further consultation or agreement anticipated.
(5a) Yes
(5b) Formal agreement to the conditions was obtained from relevant decision making Ministers, being the Minister for Mines and Petroleum, the Minister for Transport, the Minister for Emergency Services and the Minister for Water.
(6) No
(7a-d) Not applicable
(7e) Yes. See tabled paper no. [ ]. Ministerial Statement No. 559; Letter dated 29 December 2004 approving changes to the proposal under section 45C of the
Environmental Protection Act 1986
; Prevention Notice issued by DEC dated 27 November 2008; Letter dated 27 January 2009 approving changes to the proposal under section 45C of the
Environmental Protection Act 1986
; and Ministerial Statement No. 783.
(8a) See Prevention Notice tabled in answer to Question 7(e).
(8b) The lead carbonate at Esperance was sealed in double-walled sieve-proof and water-proof bags and loaded into steel shipping containers that were locked.
(8c) The lead carbonate concentrate was transported in accordance with dangerous goods requirements.
(8d) The holes, which are extremely small, are located at the top of the sides of the container and significant upward airflow would be required to transport any product through those holes. As the product is within sealed bags and the containers have a solid steel floor, there is no significant upward airflow that would result in this occurring. The product also has the consistency of damp sand so I am advised that the possibility of it being released through the holes is extremely unlikely.
(8e) The bulka bags used at Esperance and for transport from the mine to the Port of Fremantle are double walled and water resistant. Standard steel shipping containers are used at Esperance and for transport from the mine to the Portof Fremantle. The Department of Environment and Conservation, Department of Health and Department of Mines and Petroleum have approved the use of these containers and bags.
(8f) The lead carbonate at the Esperance port was not exported out of the Port of Fremantle. It was shipped directly out of Esperance.
(8g) No. Magellan Metals has completed the export of lead carbonate that is stockpiled at the port through the Port of Esperance.
(8h) The lead carbonate at Esperance was permitted to be moved from the Port of Esperance by sea ship in approved sealed bags inside steel shipping containers.
(9) No
(10) Magellan Metals undertook the export the lead carbonate stockpiled at the port through the Port of Esperance under the requirements of a Pollution Prevention Notice issued by DEC. This Notice prohibits any other movement of lead ore concentrates into or out of the Portof Esperance. Any future proposals to export through the Portof Esperancewould be subject to the requirements of the
Environmental Protection Act 1986.
(11) See the response to (8)
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
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