❓ Hon Robin Chapple questions the Minister for the Environment and Heritage regarding KCGM's compliance with licence conditions for the Fimiston I and II tailings dams, specifically concerning the timely submission of quarterly monitoring reports and the Department's enforcement actions.
AnsweredQoN 592Legislative Council
QuestionView source ↗
I refer to the Fimiston I and II and tailings dam licences file number L137/88 operated by Kalgoorlie Consolidated Gold Mines Pty Ltd (KCGM) and all previous prosecutions undertaken by the Department of Environmental Protection (DEP) in the past 15 years -
(1) Is it correct that the DEP sent two letters in September 2001 and September 2000 to KCGM with a copy of its licence conditions attached stating in part ‘Under section 58 of the
Environmental Protection Act 1986
, it is an offence to contravene a licence condition. This offence carries a penalty of up to $125 000 with a daily penalty of up to $25 000. The Department considers that a breach of this section, or any other section, of the
Environmental Protection Act 1986
to be extremely serious.’?
(2) If yes, can the Minister explain why the Department considers that a breach of this section, or any other section of the
Environmental Protection Act 1986
to be extremely serious?
(3) If no to (1), will the Minister table copies of both the letters sent in September 2001 and September 2000 to KCGM?
(4) Is it correct that both the 2000 and 2001 licences have a condition on them which states ‘The Licensee shall provide a copy of the results of the above sampling programme to the Department of Environmental Protection’s Regional Office in Kalgoorlie. The reports shall be submitted to the DEP within six weeks of the end of each sampling period’?
(5) If not, will the Minister table a copy of the Licence Conditions?
(6) Can the Minister provide the specific date on which the fourth quarter 2001 Quarterly Report for the Fimiston I and Fimiston II Tailings storage facility monitoring report in accordance with licence conditions was received by the DEP Regional Office in Kalgoorlie?
(7) If not, why not?
(8) Has KCGM breached its current or previous licence conditions in not providing a copy of the monitoring results for the fourth quarter 2001 Fimiston I and Fimston II Tailings dams relating to the condition outlined in question (4) above within six weeks of the end of each sampling period?
(9) If not, why not?
(10) If yes to (8), will the Department prosecute KCGM for breaching it’s licence conditions given that KCGM were clearly previously alerted to comply with licence conditions by way of letters dated February 20 2001 and January 9 2001 and demonstrate that the Department considers a breach of section 58 of the
Environmental Protection Act 1986
or any other section to be extremely serious?
(1) Is it correct that the DEP sent two letters in September 2001 and September 2000 to KCGM with a copy of its licence conditions attached stating in part ‘Under section 58 of the
Environmental Protection Act 1986
, it is an offence to contravene a licence condition. This offence carries a penalty of up to $125 000 with a daily penalty of up to $25 000. The Department considers that a breach of this section, or any other section, of the
Environmental Protection Act 1986
to be extremely serious.’?
(2) If yes, can the Minister explain why the Department considers that a breach of this section, or any other section of the
Environmental Protection Act 1986
to be extremely serious?
(3) If no to (1), will the Minister table copies of both the letters sent in September 2001 and September 2000 to KCGM?
(4) Is it correct that both the 2000 and 2001 licences have a condition on them which states ‘The Licensee shall provide a copy of the results of the above sampling programme to the Department of Environmental Protection’s Regional Office in Kalgoorlie. The reports shall be submitted to the DEP within six weeks of the end of each sampling period’?
(5) If not, will the Minister table a copy of the Licence Conditions?
(6) Can the Minister provide the specific date on which the fourth quarter 2001 Quarterly Report for the Fimiston I and Fimiston II Tailings storage facility monitoring report in accordance with licence conditions was received by the DEP Regional Office in Kalgoorlie?
(7) If not, why not?
(8) Has KCGM breached its current or previous licence conditions in not providing a copy of the monitoring results for the fourth quarter 2001 Fimiston I and Fimston II Tailings dams relating to the condition outlined in question (4) above within six weeks of the end of each sampling period?
(9) If not, why not?
(10) If yes to (8), will the Department prosecute KCGM for breaching it’s licence conditions given that KCGM were clearly previously alerted to comply with licence conditions by way of letters dated February 20 2001 and January 9 2001 and demonstrate that the Department considers a breach of section 58 of the
Environmental Protection Act 1986
or any other section to be extremely serious?
AnswerView source ↗
Answered
22 May 2002
Responded by
Minister for Housing and Works representing the Minister for the Environment and Heritage
Response time
35 days
(2) The DEP has the responsibility to enforce the provisions of the Environmental Protection Act 1986 and its subsidiary legislation. The primary focus of the Act is to protect the environment and to promote voluntary compliance with best environmental practice, including all legal requirements. The DEP will not hesitate to use its enforcement powers, including prosecution powers, when appropriate. (3) N/A. (4) Yes. (5) N/A. (6) The Minister has advised it was 4 April 2002. (7) N/A. (8) Yes – KCGM has breached its licence. (9) N/A. (10) The Departmental policy advocates pursuing non-prosecution options to prevent or abate pollution or prevent a continuation or recurrence of an alleged offence. The DEP will take the level of enforcement action that, in its view, is likely to achieve the desired environmental outcome.
(3) N/A. (4) Yes. (5) N/A. (6) The Minister has advised it was 4 April 2002. (7) N/A. (8) Yes – KCGM has breached its licence. (9) N/A. (10) The Departmental policy advocates pursuing non-prosecution options to prevent or abate pollution or prevent a continuation or recurrence of an alleged offence. The DEP will take the level of enforcement action that, in its view, is likely to achieve the desired environmental outcome.
(4) Yes. (5) N/A. (6) The Minister has advised it was 4 April 2002. (7) N/A. (8) Yes – KCGM has breached its licence. (9) N/A. (10) The Departmental policy advocates pursuing non-prosecution options to prevent or abate pollution or prevent a continuation or recurrence of an alleged offence. The DEP will take the level of enforcement action that, in its view, is likely to achieve the desired environmental outcome.
(5) N/A. (6) The Minister has advised it was 4 April 2002. (7) N/A. (8) Yes – KCGM has breached its licence. (9) N/A. (10) The Departmental policy advocates pursuing non-prosecution options to prevent or abate pollution or prevent a continuation or recurrence of an alleged offence. The DEP will take the level of enforcement action that, in its view, is likely to achieve the desired environmental outcome.
(6) The Minister has advised it was 4 April 2002. (7) N/A. (8) Yes – KCGM has breached its licence. (9) N/A. (10) The Departmental policy advocates pursuing non-prosecution options to prevent or abate pollution or prevent a continuation or recurrence of an alleged offence. The DEP will take the level of enforcement action that, in its view, is likely to achieve the desired environmental outcome.
(7) N/A. (8) Yes – KCGM has breached its licence. (9) N/A. (10) The Departmental policy advocates pursuing non-prosecution options to prevent or abate pollution or prevent a continuation or recurrence of an alleged offence. The DEP will take the level of enforcement action that, in its view, is likely to achieve the desired environmental outcome.
(8) Yes – KCGM has breached its licence. (9) N/A. (10) The Departmental policy advocates pursuing non-prosecution options to prevent or abate pollution or prevent a continuation or recurrence of an alleged offence. The DEP will take the level of enforcement action that, in its view, is likely to achieve the desired environmental outcome.
(9) N/A. (10) The Departmental policy advocates pursuing non-prosecution options to prevent or abate pollution or prevent a continuation or recurrence of an alleged offence. The DEP will take the level of enforcement action that, in its view, is likely to achieve the desired environmental outcome.
(10) The Departmental policy advocates pursuing non-prosecution options to prevent or abate pollution or prevent a continuation or recurrence of an alleged offence. The DEP will take the level of enforcement action that, in its view, is likely to achieve the desired environmental outcome.
(3) N/A. (4) Yes. (5) N/A. (6) The Minister has advised it was 4 April 2002. (7) N/A. (8) Yes – KCGM has breached its licence. (9) N/A. (10) The Departmental policy advocates pursuing non-prosecution options to prevent or abate pollution or prevent a continuation or recurrence of an alleged offence. The DEP will take the level of enforcement action that, in its view, is likely to achieve the desired environmental outcome.
(4) Yes. (5) N/A. (6) The Minister has advised it was 4 April 2002. (7) N/A. (8) Yes – KCGM has breached its licence. (9) N/A. (10) The Departmental policy advocates pursuing non-prosecution options to prevent or abate pollution or prevent a continuation or recurrence of an alleged offence. The DEP will take the level of enforcement action that, in its view, is likely to achieve the desired environmental outcome.
(5) N/A. (6) The Minister has advised it was 4 April 2002. (7) N/A. (8) Yes – KCGM has breached its licence. (9) N/A. (10) The Departmental policy advocates pursuing non-prosecution options to prevent or abate pollution or prevent a continuation or recurrence of an alleged offence. The DEP will take the level of enforcement action that, in its view, is likely to achieve the desired environmental outcome.
(6) The Minister has advised it was 4 April 2002. (7) N/A. (8) Yes – KCGM has breached its licence. (9) N/A. (10) The Departmental policy advocates pursuing non-prosecution options to prevent or abate pollution or prevent a continuation or recurrence of an alleged offence. The DEP will take the level of enforcement action that, in its view, is likely to achieve the desired environmental outcome.
(7) N/A. (8) Yes – KCGM has breached its licence. (9) N/A. (10) The Departmental policy advocates pursuing non-prosecution options to prevent or abate pollution or prevent a continuation or recurrence of an alleged offence. The DEP will take the level of enforcement action that, in its view, is likely to achieve the desired environmental outcome.
(8) Yes – KCGM has breached its licence. (9) N/A. (10) The Departmental policy advocates pursuing non-prosecution options to prevent or abate pollution or prevent a continuation or recurrence of an alleged offence. The DEP will take the level of enforcement action that, in its view, is likely to achieve the desired environmental outcome.
(9) N/A. (10) The Departmental policy advocates pursuing non-prosecution options to prevent or abate pollution or prevent a continuation or recurrence of an alleged offence. The DEP will take the level of enforcement action that, in its view, is likely to achieve the desired environmental outcome.
(10) The Departmental policy advocates pursuing non-prosecution options to prevent or abate pollution or prevent a continuation or recurrence of an alleged offence. The DEP will take the level of enforcement action that, in its view, is likely to achieve the desired environmental outcome.
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